Sec. 28.33.130. Out-of-service orders.

476 words·~2 min read·/ak/title-28/chapter-33/28-33-130

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A person may not operate a commercial motor vehicle or be on duty

(1)if, within the preceding four hours, the person

(A)consumed or was under the influence of

(i)an alcoholic beverage;

(ii)a controlled substance not prescribed by a physician; or

(iii)a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor vehicle; or

(B)had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;

(2)while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless

(A)the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or

(B)under AS 04 , the alcoholic beverage may be legally served to passengers being carried for hire;

(3)after being placed out of service for violation of a regulation adopted under AS 19.10.060

(c)or AS 28.05.011 ; or

(4)with an invalid operator's or commercial operator's license.

(b)An employer, or a peace officer, who has reasonable grounds to believe that a person has violated

(a)of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on duty during a period in which

(1)the person has been ordered out of service under this section; or

(2)the person has violated

(a)of this section, even if an out-of-service order has not been issued.

(c)A person who is ordered out of service

(1)may not operate a commercial motor vehicle or be on duty for 24 hours following issuance of the out-of-service order; and

(2)shall report that fact, in writing,

(A)within 24 hours to the person's employer; and

(B)within 30 days to the department if the person possesses a commercial motor vehicle license.

(d)In this section, “on duty” means the period of time in which a person is

(1)required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;

(2)inspecting, servicing, or conditioning a commercial motor vehicle;

(3)in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;

(4)loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;

(5)taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or

(6)repairing or obtaining assistance for a disabled commercial motor vehicle.