Commercial Motor Vehicle Enforcement
Purpose:
Commercial Vehicle Enforcement helps keep the traveling public safe from dangerous, unsafe trucks and unqualified commercial vehicle drivers, protects the State Highway and Municipal Roadway infrastructure and ensures a level playing field for the Industry. Our focus is safety as defined by 49 CFR (Code of Federal Regulations), which the State of Alaska and the City and Borough of Sitka has adopted, and associated State Statutes and regulations concerning Commercial Vehicles. Commercial Vehicle Enforcement Officers are also responsible for enforcing the State size and weight regulations for all vehicles.
Frequently Asked Questions:
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Commerical Vehicle Enforcement
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Definitions
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Inspections
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U.S. DOT - AKS Numbers
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Roadside Portable Weight Stations
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Log Book
Links:
Commercial Vehicle Organizations
Alaska Trucking Association
National Highway Traffic Safety Administration
(NHTSA)
Federal Motor Carrier Safety Administration
(FMCSA)
Commercial Vehicle Safety Alliance (CVSA)
American Association of Motor Vehicle
Administrators (AMMVAnet)
Commercial Vehicles and
Heavy Use Tax
DOT
Safety Activities
Alaska
Vehicle Registration
Reference
CVSA
Bulletins
Commercial
Driver’s License Manual
Bridge
Formula Chart
Title
49—Interstate Transportation
Title
49, Subpart A, Workplace Drug Testing
Title
49, Chapter III, Parts 301 - 399
US
Code: Interstate Transportation, CFR 49
U.S. DOT FAQ
HVUT IRS Information
Alaska
State Statutes (AS) / Alaska Administrative Code (AAC)
COMMERCIAL VEHICLE ENFORCEMENT
Q: What is the purpose of Commercial Vehicle Enforcement?
A: Commercial Vehicle Enforcement helps keep the traveling public safe from dangerous, unsafe trucks and unqualified commercial vehicle drivers, protects the State highway infrastructure and ensures a level playing field for the Industry. Our focus is safety.
Q: What does Alaska Commercial Vehicle Enforcement enforce?
A: We enforce 49CFR (Code of Federal Regulations), which the State adapted, and associated State Statutes and regulations concerning Commercial Vehicles. We are also the agency responsible for enforcing the State size and weight regulations for all vehicles.
Q: Does the Alaska Division of Measurement Standards and Commercial Vehicle Enforcement have a Web Site?
A: Yes, the address is http://www.dot.state.ak.us/mscve/index.shtml.
Q: Is there a Commercial Vehicle Enforcement Officer in Sitka?
A: Yes, Officer Jeff Sadowski is the Commercial Vehicle Enforcement (CVE) Officer for Sitka. He is certified by through the U.S. Department of Transportation (USDOT), the Federal Motor Safety Administration (FMCSA), and the Commercial Motor Vehicle Safety Alliance (CVSA) and is authorized to perform Level’s I through Level V inspections anywhere in North America including Canada and Mexico. Additionally, A.K.DWM&CVE officers occasionally perform inspections in Sitka.
DEFINITIONS
Q: What is a Commercial Vehicle?
A: Any vehicle or combination of vehicles with a Gross Vehicle Weight Rating of 10,001 pounds or greater used in commerce, a vehicle used to transport HAZMAT or a passenger vehicle with a capacity of 16 or more (including the driver).
Q: When do I need a CDL?
A: A CDL is required to drive any vehicle or combination of vehicles with a GVWR of 26,001 pounds or greater, for transporting HAZMAT or driving a passenger vehicle with a capacity of 16 or more including the driver.
Q: What is a Medical Card?
A: A Certificate of Medical Examination is proof that a driver is physically and medically able to safely operate a commercial vehicle.
Q: Who needs a Medical Card?
A: Anyone that drives a commercial vehicle (vehicle or combination of vehicles with a 10,001 lbs. or greater GVWR). This card must be carried at all times when operating a commercial vehicle.
Q: What are the Alaska (State) Statutes (AS) and the Alaska Administrative Codes (AAC) that cover Commercial Motor Vehicles?
A: The State of Alaska has adopted the provisions of United States Code of Federal Regulations Title 49 - Interstate Transportation (49 CFR), Chapters 301-399 pertaining to CMV’s. With a few exceptions and additions. They may be found at http://www.legis.state.ak.us/cgi-bin/folioisa.dll/stattx05? in the following sections:
Commercial Motor Vehicles |
AS 28.40.100 and 13 AAC 05.090; |
Classified Driver’s Licenses |
13 AAC 08.019 |
Commercial Driver’s Licenses |
AS 28.33.190 |
Financial Responsibilities |
AS 19.10.300 |
Weight Stations |
17 AAC 25.310 |
C.F.R Safety Requirements |
13 AAC 05.020 |
Control Devices |
13 AAC 03.005 |
Definitions |
13 AAC 03.010 |
Divided and Controlled-Access Highways |
13 AAC 05.090, 13 AAC 03.095 |
Driving Left of Center |
13 AAC 03.060 |
Driving on Mountain Highways |
13 AAC 03.017 |
Driving on Right Side of Roadway |
13 AAC 03.050 |
Driving on Roadways Laned for Traffic |
13 AAC 03.085, 13 AAC 03.090 |
Hazardous Materials |
13 AAC 05.010 |
Inspections |
AS 28.32.010 and 13 AAC 05.030 |
One-way Roadways |
13 AAC 03.080 |
Passing on Left |
13 AAC 03.065 |
Passing on Right |
13 AAC 03.055 |
Passing Vehicle’s Proceeding in Opposite Direction |
13 AAC 03.070 |
Pedestrian Right-of-Way |
13 AAC 03.155 |
Rotary Traffic Islands |
13 AAC 03.080 |
Safe Operation |
13 AAC 03.020 |
Speed Regulations |
13 AAC 03.275 to 13 AAC 03.325 |
Q: How can I obtain a copy of United States Code of Federal Regulations Title 49 Transportation (49 CFR), Chapters 301-399 pertaining to CMV’s?
A: You may pick up a copy of the Federal Motor Carrier Safety Regulations
Pocketbook containing 49 CFR, Chapters 40, 380, 382, 383, 387, 390-397, and
399 from the lobby of the Sitka Police Department located at 304 Lake Street. You
may find the information on-line at:
http://www.access.gpo.gov/nara/cfr/waisidx_05/49cfrv5_05.html#301.
You may also purchase a copy of the Federal Motor Carrier Safety Regulations
Pocketbook from J.J. Keller & Associates Inc.
U.S. DOT Numbers
Q: What Vehicles are required to have a U.S. DOT ?
A: Any vehicle used for commercial purposes the meets the definition of a CMV.
Q: How do I know if I need a USDOT number, an ICC number, or a MC number, and what is the difference?
A: CMV’s conducting interstate commerce need to have a USDOT number. ICC and MC numbers have been phased out and replaced with USDOT numbers.
Q: How do I obtain a U.S. DOT number for my commercial carrier business?
A: Unlike other FHWA offices, the Federal Motor Carrier Safety Administration
(FMCSA) office in Alaska is not co-located with the Division Office. The FMCSA
office is located in Anchorage in the Frontier building on 36th and "C" Street.
Their number is 907-271-4068.
Q: How do I obtain an AKS number for my commercial carrier business?
A: AKS numbers are no longer in use. Only US DOT numbers are required.
ROADSIDE PORTABLE WEIGHT STATIONS
Q: Who needs to stop at a roadside weigh station?
A: All commercial vehicles or combination of vehicles with a GVWR of 10,001 pounds or greater are required to stop for any open weigh station or open roadside inspection site.
Q: Why does Commercial Vehicle Enforcement weigh and measure vehicles?
A: To protect the highway infrastructure from damage from overweight and oversize loads and to ensure compliance with the State size and weight regulations.
Q: How do I know if I need a permit for an oversized load?
A: If your vehicle or load exceeds the maximum size or load allowances in 17AAC 25.012 or 17AAC 25.013 and is not a divisible load, you will need a permit to operate on the State highway system.
Q: How do I get an oversize/overweight permit?
A: Call or visit the State of Alaska Commercial Motor Vehicle Enforcement
Permit Office on Huffman Road in Anchorage. The numbers to the permit office
are:
(907) 365-1200 (office) or (800) 478-7636 (toll free)
(866) 325-2641 (fax)
Q: Who is responsible for the commercial vehicle if it is found to be overweight or has a safety defect during an inspection?
A: The driver is responsible for everything associated with the vehicle and load once s/he accepts it from the carrier.
Q: Does this include pilot cars and their required equipment on oversize permitted loads?
A: Yes.
INSPECTIONS
Q: What types of inspections are performed by Commercial Vehicle Enforcement?
A: There are five (5) levels of inspections:
Level One |
A complete safety inspection of the vehicle and driver qualifications. |
Level Two |
A walk around inspection that is the same as a Level 1 but without going under the vehicle, and driver qualifications. |
Level Three |
A driver qualification only inspection. |
Level Four |
A spsecial inspection for a special need or direced by a higher authority. An example of this is the random Brake Check day. Only specific items and driver qualifications are inspected. |
Level Five |
A terminal inspection. The same as a Level 1 except there is no driver qualification inspection and it is performed at a carriers terminal. This is a vehicle only inspection. |
Q: I recently purchased a CMV. Is there any way to set up an inspection to ensure it is in compliance with regulations?
A: Yes, Level V (vehicle only) inspections may be scheduled on a limited basis. You may schedule an inspection by contacting CVE Officer Jeff Sadowski phone at 747-3245 or by e-mail at jeffs@sitkapd.com. Courtesy Level V inspections are typically scheduled for Wednesday through Friday afternoons and are by appointment only.
Q: I was driving a CMV and was stopped by a CVE officer for no reason and inspected. Is this legal?
A: Yes, by operating a CMV you are required to comply with United States Code of Federal Regulations Title 49 Transportation (49 CFR), Chapters 301-399, to include submitting to Level I through Level V safety inspections at the request of an authorized inspector.
LOG BOOKS
Q: Who needs to run a Log Book?
A: Every driver of a commercial vehicle is required to maintain an up to date logbook at all times unless the driver qualifies for the 100 air-mile exemption. Commercial vehicles operating in Sitka are considered to be exempt from maintaining a logbook.
Q: What is the 100 air-mile exemption?
A: It is the exemption listed in 49CFR
395.1(e). Basically, a driver is exempt of the regulations of 49CFR
395.8 if:
1. The driver operates within a 100 air mile radius of the normal work
reporting location and
2. The driver, except a driver salesperson, returns to the work reporting
location and is released from work within 12 consecutive hours. There
must be a minimum of 10 consecutive off duty hours between each 12 hour on
duty shift.
Q: What documentation is required by the carrier to prove the driver is exempt?
A: The carrier is required to maintain and retain for 6 months the driver's accurate and true time recordings showing the time the driver reported to work each day, the time the driver was released each day, total number of on-duty hours each day, and the total time for the preceding 7 days in accordance with 49CFR 395.8(j)(2) for drivers used for the first time or intermittently.
Q: What documentation does the driver have to carry to prove he/she is exempt?
A: None. If there is a question, the Commercial Vehicle Enforcement Officer will check the driver's file at the carrier.