AS Title 19, Chapter 10: State Highway System

Article 1. Designation, Marking, and Use. Chapter 10. State Highway System. Sec. 19.10.010. Dedication of land for public highways. A tract 100 feet wide between each section of land owned by the state, or acquired from the state, and a tract four rods wide between all other sections in the state, is dedicated for use as public highways. The section line is the center of the dedicated right-of-way. If the highway is vacated, title to the strip inures to the owner of the tract of which it formed a part by the original survey. Sec. 19.10.015. Establishment of highway widths. (a) It is declared that all officially proposed and existing highways on public land not reserved for public uses are 100 feet wide. This section does not apply to highways that are specifically designated to be wider than 100 feet. (b) Notwithstanding (a) of this section, a municipality may designate the width of a road that is not a part of the state highway system if the municipality maintains the road. Sec. 19.10.020. Designation of state highway system. The department may designate, locate, create, and determine what highways constitute the state highway system. In designating, locating, creating, and determining the several routes of the state highway system, the department shall strive to attain the purposes and objectives set out in AS 19.05.125 . Sec. 19.10.030. Responsibility for system. The department is responsible for the construction and maintenance of the state highway system. Sec. 19.10.040. Uniform system of marking and posting. The department shall classify, designate, and mark highways under its jurisdiction and shall provide a uniform system of marking and posting these highways. The system of marking and posting must correlate with and, as far as possible, conform to the recommendations of the Manual on Traffic Control Devices as adopted by the American Association of State Highway Officials. Sec. 19.10.050. Traffic control signals. The department shall prescribe types of traffic control signals to regulate traffic on highways. These signals must correlate with and, as far as possible, conform to the recommendations of the Manual on Uniform Traffic Control Devices as adopted by the American Association of State Highway Officials. The department shall adopt uniform regulations for the placing and installation of traffic control signals. Sec. 19.10.052. [Renumbered as AS 19.20.017 .] Sec. 19.10.060. Size, weight, and load provisions; restriction on use of highways; regulations. (a) The department, with respect to highways under its jurisdiction, may (1) establish limitations on weight, size, and load of vehicles, except as otherwise provided in AS 19.10.065 ; (2) prohibit the operation or impose restrictions on vehicular use of highways during certain seasons of the year. (b) The department shall operate motor vehicle weighing stations, issue special written permits authorizing the operation of overweight and oversize vehicles, establish fees for the overweight and oversize vehicle special permits, enforce the size, weight, and load limitations adopted under this section, and establish regulations relating to pilot car services and the enforcement of the size, weight, and load limitations adopted under this section. (c) Except for requirements relating to a commercial motor vehicle driver's licensing program under AS 28 , the department shall adopt regulations under AS 44.62 (Administrative Procedure Act) that are necessary to implement federal statutes or regulations that relate to commercial motor vehicles. Sec. 19.10.065. Operation of farm equipment on highways. (a) Implements of husbandry, as defined by regulation under AS 28.05.011 , are not subject to restrictions adopted under AS 19.10.060 (a)(1) unless the implement is the load of another vehicle. Implements of husbandry may be operated on highways subject to the department's jurisdiction without obtaining a permit, as provided in this section. (b) The incidental operation of an implement of husbandry up to 12 feet wide on a state highway is authorized without a permit if the implement (1) is operated only during the period from one-half hour after sunrise to one-half hour before sunset; (2) displays a slow-moving vehicle emblem on the rear of the implement; (3) displays a red flag on the implement in a location that affords greatest visibility; and (4) is moving from one farm operation to another within 50 miles of the home base of the implement of husbandry. (c) An implement of husbandry that is more than 12 feet wide may be operated on a state highway without a permit if it meets the provisions of (b) of this section and is preceded by a pilot car during operation on the highway. Sec. 19.10.070. Speed limits and zones. The department may conduct investigations with the assistance of the Department of Public Safety and shall determine safe speed limits and safe speed zones on highways and other roadways under its jurisdiction. Sec. 19.10.072. Procedures for determination of speed limits and zones. (a) In determining safe speed limits and safe speed zones, the department shall consider the following factors in the order of priority listed: (1) neighborhood safety, including the presence of children and pedestrian traffic; (2) the presence of schools, houses, parks, and crosswalks; (3) the presence of driveways, parked vehicles, and multiple turn locations; (4) that speed at which safe and prudent drivers could pass through the speed zone; and (5) the effectiveness of local enforcement of the speed zone. (b) In determining safe speed limits and safe speed zones within a municipality, the department shall consult with that municipality. In determining safe speed limits and safe speed zones on highways and other roadways under its jurisdiction, the department shall also consult with community councils or other community organizations in the affected area if the community councils or other community organizations request in writing to participate in the determination. The department shall provide notice and opportunity for a hearing before establishing a speed limit or speed zone other than as recommended by a municipality, community council, or other community organization. Sec. 19.10.075. Designation of traffic safety corridors; fines. (a) To promote traffic safety, the department may designate a portion of a highway to be a traffic safety corridor. The commissioner shall establish criteria for the designation and continuation of traffic safety corridors. In establishing the criteria, the commissioner may consider accident data and reports, the type and volume of vehicular traffic, engineering and traffic studies, and other relevant factors. Before the department designates a traffic safety corridor, the commissioner shall consult with the commissioner of public safety and shall consult with other local, state, and federal agencies with responsibility for traffic safety. A motor vehicle or traffic offense committed in a traffic safety corridor is subject to a double fine as provided in AS 28.90.030 . The department shall erect signs designating traffic safety corridors and alerting the public that motor vehicle and traffic offenses committed within a corridor are subject to double fines. A claim for damages may not be made against the state or its officers, employees, or agents for an act or omission relating to the designation of and erection of signs regarding a traffic safety corridor. (b) The legislature may appropriate 50 percent of the fines for offenses committed in a traffic safety corridor imposed under AS 28.90.030 and collected and separately accounted for by the state under AS 37.05.142 , to the division of the department responsible for highway safety planning, for highway safety programs. Sec. 19.10.080. Designation of through highways. The department may designate through highways by erecting stop signs at the entrances to them. Sec. 19.10.085. Naming of a highway. (a) A highway constructed by the department under AS 19.05 — AS 19.40 may be given a name only by law. (b) This section does not apply to (1) a road constructed by a municipality under a grant authorized by AS 19.05 — AS 19.40 ; (2) local service roads and trails. Sec. 19.10.090. Erection and maintenance of guard rails. The department may erect and maintain guard rails, stretch wires, and other devices on highways. Sec. 19.10.095. Signs promoting the use of safety belts and child safety devices. The department may erect and maintain signs encouraging the use of safety belts and child safety devices at the site of a motor vehicle accident where a fatality occurred as the result of a person's failing to use a safety belt or child safety device. This section does not limit the authority of the department to erect or maintain signs to protect the public safety and welfare of persons using the highways of the state. Sec. 19.10.100. Closing highways. When it is necessary to exclude traffic from any portion of a highway, the department may close that portion of the highway by posting in a conspicuous manner, at each end of the portion closed, suitable signs warning the public that the road is closed under authority of law, and by erecting suitable obstructions. Article 2. Planning. Sec. 19.10.110. Traffic surveys, plans, and recommendations. The department may collect, analyze, and interpret physical and economic data needed to measure existing and estimated future highway characteristics such as origin and destination, volumes, speeds, accidents, congestion, parking, pedestrian use of highways, and the economic loss caused by inferior traffic facilities, including the preparation of traffic plans and recommendations. Sec. 19.10.120. Research on highway development. The department may gather, investigate, and compile information concerning the use, construction, and maintenance of highways, the practices and methods of efficient highway organization, financing, and other information, data and statistics of the state and the extent of the natural resources of road-building materials in the state. The department may enter into agreements with states, municipalities, or research organizations to carry on research and test projects involving highway development. The department may disseminate this information, together with recommendations it considers advisable. Sec. 19.10.130. Inspection and testing of materials and equipment. The department may inspect and test materials, supplies, equipment, and machinery used by it or by a contractor constructing or maintaining highways in the state, and develop methods and procedures for this inspection and testing. Sec. 19.10.140. Long-range program for highway construction and maintenance. [Repealed, § 7 ch 39 SLA 2005.] Sec. 19.10.150. Construction program. Before February 2 of each year, the department shall prepare a statement showing what construction work has been requested and proposed and may be undertaken by the department. The statement must set forth a general itemization of the estimated cost for each project and the total estimates of all projects. The department shall adopt a construction program which must include the projects to be undertaken by it during the following construction season and must establish project priorities. The department may increase, decrease, amend, or revise the construction program from time to time as circumstances warrant. Sec. 19.10.160. Standard plans and specifications; planning for future traffic. (a) The department shall prepare and adopt uniform standard plans and specifications for the establishment, construction, and maintenance of highways in the state. The department may amend the plans and specifications as it considers advisable. The standards must conform as closely as practicable to those adopted by the American Association of State Highway and Transportation Officials. (b) Design for proposed major upgrade and new construction projects for highways in federally recognized metropolitan planning areas must be conducive to safety, durability, and economy of maintenance, and provide for capacity that will adequately serve planned future traffic as set out in this subsection. This subsection does not apply to designs for highway maintenance projects. Proposed major upgrade and new construction projects that are estimated to cost (1) less than $5,000,000 must be designed to adequately serve planned future traffic for at least the next 10 years; (2) $5,000,000 or more must be designed to adequately serve planned future traffic for at least the next 20 years. Article 3. Construction. Sec. 19.10.170. Construction by department. (a) Except as provided in AS 44.33.300 , it is the general policy of the state to require the construction of all highways under bid contract in accordance with AS 36.30 (State Procurement Code). However, subject to the provisions of (b) of this section, when the estimated cost of a construction project is less than $100,000 or when it appears to be in the best interests of the state, the department may perform the work notwithstanding any other provisions of law. (b) Construction or professional services in connection with the construction of highways performed by the department under (a) of this section that have an estimated cost exceeding $5,000 may not be performed by the department unless the commissioner determines, in writing, that the cost to the state will be less than that incurred as a result of a formally advertised or negotiated contract. The determination of the commissioner shall be supported by findings of fact which shall set out enough facts and circumstances to clearly justify the determination. The determinations and findings shall be maintained as a permanent record of the department. (c) In this section, “professional services” means architectural, engineering, or land surveying services. Sec. 19.10.180. Request for public bids; contracts for materials and supplies. Requests for public bids are governed by AS 36.30 (State Procurement Code). The request for public bids may require the contractor to furnish equipment, labor, materials, and supplies for the project, or it may state that the department will furnish the materials and supplies. If the department elects to provide materials and supplies for a project, it shall do so at the time it adopts the construction program. The department shall acquire these materials and supplies under AS 36.30 by requesting bids for them according to the class, type, and nature of the materials and supplies. The contract for materials and supplies may be awarded either upon the basis of delivery to the construction project directly or to a central storehouse or storehouses maintained by the department. Those materials and supplies so purchased by the department may be delivered to the project site without expense to the contractor, or it may sell them to the contractor at cost and make the materials and supplies a part of the construction cost. Sec. 19.10.190. Advertisement, bids, contracts, and informal bids. [Repealed, § 67 ch 106 SLA 1986. For current law, see AS 36.30 .] Sec. 19.10.200. Procedures for the award of contracts. The award of a contract for highway construction work is governed by AS 36.30 (State Procurement Code), AS 19.05 — AS 19.25 , and regulations adopted under those laws. Sec. 19.10.210. Award of contracts to lowest responsible bidder. [Repealed, § 67 ch 106 SLA 1986. For current law, see AS 36.30 .] Sec. 19.10.220. Prior contracts unaffected. [Repealed, § 43 ch 85 SLA 1988.] . Sec. 19.10.230. Method of construction of highway ditches. A highway constructed or reconstructed shall be designed to permit water to drain from it into ditches which shall drain into coulees, rivers, and lakes according to the surface and terrain where the highway is constructed in accordance with scientific highway construction and engineering in order to prevent the water from overflowing onto adjacent and adjoining land. The natural flow and drainage of surface water may not be obstructed, but it shall be permitted to follow the natural course according to the surface and terrain. Sec. 19.10.240. Warning signs of road construction. Whenever the department enters into a contract for the construction of a highway, it shall, as a condition of the contract, provide that the contractor shall place suitable warning signs that can be read from a distance of 100 feet in daytime, and that the contractor shall erect and place at night a red and white lantern or a torch or other effective device, of a type approved by the department, at both ends of the construction work, not less than 300 feet from it, warning the public that the road is under construction or improvement and is closed, impassable, or dangerous for travel. This section does not make the state liable for the failure of a contractor to erect warning signs. Sec. 19.10.250. Penalty for failure to erect warning signs. A contractor, foreman, or person in charge of work or repairs on a highway who fails or neglects to erect and maintain suitable warning signs as provided in AS 19.10.240 is punishable by a fine of not less than $10 nor more than $50, or by imprisonment in jail for not more than 60 days, or by both. Sec. 19.10.260. Replacement of permanent markers and filing of right-of-way map after construction. The department shall (1) replace all permanent markers on private or municipal property that were destroyed or lost during highway construction to permit persons to determine accurately new boundary lines resulting from the construction; (2) file and record in the local recording district, after completion of highway construction, an accurate right-of-way map that will contain sufficient engineering and survey information designating where the resulting boundary lines are located on private or municipal property along the highway. Sec. 19.10.270. Highway construction near airports. (a) A person may not construct, reconstruct, relocate, or extend a federal-aid highway within two miles of an airport, airstrip, or private air facility without first obtaining the written approval of the commissioner, as provided by regulation. (b) The commissioner may not approve the construction, reconstruction, relocation, or extension of a highway under this section if the construction would constitute a hazard to the traveling public or if the construction would otherwise not be in the public interest. (c) The commissioner shall adopt regulations to implement the purpose of this section that are consistent with standards established by participating federal agencies. Sec. 19.10.280. [Renumbered as AS 19.20.015 .] Article 4. Commercial Motor Vehicle Requirements. Sec. 19.10.300. Financial responsibility. (a) A person who carries passengers, freight for hire intrastate in a commercial motor vehicle, a person who carries freight in a motor vehicle for commercial purposes, or a person who rents or leases a motor vehicle for the use of another to carry freight shall procure and maintain security in the following minimum amounts: (1) $200,000 for property damage in a single occurrence; (2) $500,000 for bodily injury or death in a single occurrence. (b) Evidence of security required under (a) of this section shall be filed with the department and must be (1) a policy or certificate of insurance issued by an insurer acceptable to the department; (2) a bond of a surety company licensed to write surety bonds in the state; (3) evidence accepted by the department, showing ability to self-insure; or (4) other security approved by the department. (c) The department shall adopt regulations necessary to carry out the provisions of this section. The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. (d) A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days' written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under (b)(1) of this section. The 30-day notice period is measured from the date on which the department receives notice. (e) When operating a commercial motor vehicle or motor vehicle for which security is required under (a) of this section, a person shall carry proof of insurance and, if involved in an accident with another person, shall display the proof of insurance to the other person. In this subsection, “proof of insurance” means a (1) certificate of self-insurance acceptable to the department; (2) card issued by an insurer described in (b)(1) of this section that indicates that insurance has been procured as required by this section, that contains a local or toll-free telephone number for filing or receiving claim information, and that indicates the name and address of the insurer; or (3) copy of the surety bond described in (b)(2) of this section. (f) Notwithstanding AS 19.10.399 , in this section (1) “commercial motor vehicle” means a motor vehicle or a combination of a motor vehicle and one or more other vehicles (A) used to transport passengers or property for commercial purposes; (B) used on a land highway or vehicular way or area; (C) that (i) has a gross vehicle weight rating or gross combination weight rating greater than 26,000 pounds; or (ii) is designed to transport more than 15 passengers, including the driver; and (D) except that the following vehicles meeting the criteria in (A) — (C) of this paragraph are not commercial motor vehicles: (i) emergency or fire equipment that is necessary to the preservation of life or property; (ii) covered farm vehicles operating anywhere in the state; and (iii) vehicles used exclusively for purposes other than commercial purposes; (2) “freight” means commodities, articles, and cargo, of whatever nature or value. (g) A person who violates (a) of this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000. Sec. 19.10.310. Commercial motor vehicle safety inspections. A commercial motor vehicle may not be operated without a certificate of inspection. An owner or operator of a commercial motor vehicle shall renew a certificate of inspection at least annually. An owner or operator of a commercial motor vehicle shall provide proof of annual inspection upon demand of a peace officer or employee of the department authorized by the commissioner to enforce this section. Secs. 19.10.320 , 19.10.330. Commercial motor vehicle inspection station permits; certification of commercial motor vehicle inspectors. [Repealed, § 21 ch 48 SLA 1998.] Sec. 19.10.340. Issuance of certificate of inspection. A person conducting annual commercial motor vehicle inspections shall issue a certificate of inspection to the owner or operator after determining that the motor vehicle is in a safe and mechanically sound condition as required by law. The owner or operator of a commercial motor vehicle shall keep a record of the annual inspection of the vehicle. Secs. 19.10.350 , 19.10.360. Falsely representing to be an official station; counterfeit certificates of inspection. [Repealed, § 21 ch 48 SLA 1998.] Sec. 19.10.370. Regulations. The commissioner shall adopt regulations to implement AS 19.10.310 — 19.10.399. Sec. 19.10.375. Impoundment. (a) If a peace officer or an employee of the department authorized by the commissioner to issue citations finds a commercial motor vehicle in operation without a current and valid certificate of inspection under this chapter, the commercial motor vehicle may be impounded. The commercial motor vehicle may not be released from impoundment until (1) a current and valid certificate of inspection under this chapter has been provided for the commercial motor vehicle; and (2) any impoundment fees or charges have been paid. (b) The department may adopt regulations to charge fees to recover costs of implementation of this section, including costs of impoundment. Sec. 19.10.380. Criminal penalty. A person who violates a provision of AS 19.10.310 — 19.10.399 is guilty of a class B misdemeanor. Sec. 19.10.399. Definitions. In AS 19.10.300 — 19.10.399, (1) “commercial motor vehicle” means a self-propelled or towed motor vehicle (A) used to transport passengers or property for commercial purposes; (B) used on a highway or vehicular way or area; (C) that (i) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more for vehicles used in interstate commerce and 14,000 pounds or more for vehicles used in intrastate commerce; (ii) is designed to transport more than 15 passengers, including the driver; or (iii) is used to transport material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and is transported in any quantity requiring placarding; and (D) for the purposes of intrastate commerce; the following vehicles meeting the criteria in (A) and (B) and either (C)(i) or (ii) of this paragraph are not commercial motor vehicles: (i) emergency or fire equipment that is necessary to the preservation of life or property; (ii) covered farm vehicles operating anywhere in the state; (iii) school buses used for school bus operations; (iv) vehicles owned and operated by the federal government unless the vehicle is used to transport property of the general public for compensation in competition with other persons who own or operate a commercial motor vehicle subject to AS 19.10.310 — 19.10.399, and except to the extent that regulation of vehicles operated by the federal government is permitted by federal law; and (v) vehicles used exclusively for purposes other than commercial purposes; (2) “commercial purposes” means activities for which a person receives direct monetary compensation or activities for which a person receives no direct monetary compensation but that are incidental to and done in furtherance of the person's business; (3) “commissioner” means the commissioner of transportation and public facilities; (4) “covered farm vehicle” means a straight or articulated vehicle (A) registered in the state with a license plate or other designation issued by the state that allows law enforcement officials to identify it as a farm vehicle; (B) operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch; (C) used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch; and (D) not used in for-hire motor carrier operations; (5) “department” means the Department of Transportation and Public Facilities; (6) “gross combination weight rating” means the value specified by the manufacturer as the loaded weight of a combination vehicle, except that if a value has not been specified by the manufacturer, the gross combination weight rating is determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and the load on the towed unit; (7) “gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle; (8) “highway” means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas; (9) “motor vehicle” means a vehicle that is self-propelled except a vehicle moved by human or animal power; (10) “official traffic-control device” means a sign, signal, marking, or other device not inconsistent with AS 28 , placed or erected by authority of a state or municipal agency or official having jurisdiction, for the purpose of traffic regulating, warning, and guiding; (11) “owner” means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security; (12) “school bus” means a passenger motor vehicle that is designed or used to carry more than 10 passengers in addition to the driver and that is likely to be used to transport pre-elementary, elementary, or secondary school students to and from school; (13) “school bus operations” means the use of a school bus to transport students and school personnel to and from school; (14) “traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using a highway or vehicular way or area that is open to public use for purposes of travel; (15) “vehicle” means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area; “vehicle” does not include (A) devices used exclusively upon stationary rails or tracks; (B) mobile homes; (16) “vehicular way or area” means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area.