Title 28 — Motor Vehicles
19 chapters · 506 sections in this title.
AS 28.20.010 Declaration of purpose.
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The legislature is concerned over the rising toll of motor vehicle accidents and the suffering and loss inflicted by them. The legislature determines that it is a matter of grave concern that motorists be financially responsible for their negligent acts so that innocent victims o…
AS 28.20.020 Administration.
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(a) The department shall administer and enforce this chapter and may adopt regulations necessary for its administration. (b) The department shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under this chapter. (c) The dep…
AS 28.20.030 Court review. [Repealed, § 4 ch 140 SLA 1977.]
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[Repealed or reserved.]
AS 28.20.040 Department to furnish operating record. [Repealed, § 20 ch 241 SLA 1976.]
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[Repealed or reserved.]
AS 28.20.050 Application of chapter.
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(a) The provisions of this chapter requiring deposit of security and suspension for failure to deposit security apply to the driver and owner of a vehicle subject to registration under the laws of this state that is involved in any manner in an accident in this state resulting in…
AS 28.20.060 Exceptions to requirement of security.
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The requirements as to security and suspension in this chapter do not apply to (1) the driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle involved in the accident, except that a driver is not e…
AS 28.20.070 Requirements as to policy or bond.
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(a) A policy or bond is not effective under AS 28.20.060 unless it is issued by an insurance company or surety company authorized to do business in this state, except as provided in (b) of this section, and if the accident resulted in bodily injury or death, unless the policy or …
AS 28.20.080 Form and amount of security.
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(a) The security required by this chapter must be in the form and amount the department requires, but in no case in excess of the limits specified in AS 28.20.070 for the acceptable limits of a policy or bond. (b) Every depositor of security shall designate in writing the person …
AS 28.20.090 Suspension for failure to deposit security.
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(a) If a person required to deposit security under this chapter fails to deposit security within 10 days after the department sends notice, the department shall suspend (1) the license of each driver involved in the accident; (2) the privilege of operating a vehicle subject to re…
AS 28.20.100 Release from liability.
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(a) A person is relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident if the person is released from liability by the other person. (b) A covenant not to sue relieves the parties to it as to each o…
AS 28.20.110 Adjudication of nonliability.
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A person is relieved from the requirement for deposit of security for a claim for injury or damage arising out of the accident if the person is finally adjudicated not to be liable for the claim.
AS 28.20.120 Agreements for payment of damages.
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(a) Two or more persons involved in or affected by an accident as described in AS 28.20.050 may at any time enter into a written agreement for the payment of an agreed amount with respect to their claims because of bodily injury, death, or property damage arising from the acciden…
AS 28.20.130 Payment upon judgment.
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The payment of a judgment arising out of an accident, or the payment upon judgment of an amount equal to the maximum amount that could be required for deposit under this chapter, for the purposes of this chapter, releases the judgment debtor from the liability evidenced by the ju…
AS 28.20.140 Termination of security requirement.
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If satisfied as to the existence of a fact that under AS 28.20.100 — 28.20.130 entitles a person to be relieved from the security requirements, the department may not require the deposit of security and shall terminate a previous order of suspension in respect to the person, and …
AS 28.20.150 Duration of suspension.
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(a) Unless a suspension is terminated under other provisions of this chapter, an order of suspension by the department remains in effect until terminated and a license may not be renewed or issued to a person whose license is suspended until proof of financial responsibility for …
AS 28.20.160 Application to nonresidents, unlicensed drivers, unregistered vehicles, and accidents in other states.
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(a) If a driver or owner of a vehicle subject to registration under the laws of this state involved in an accident in this state does not have a license or registration in this state, then the driver may not be licensed, nor may the owner register a vehicle in this state until th…
AS 28.20.170 Authority of department to decrease amount of security.
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The department may reduce the amount of security ordered within six months after the date of the accident if in its judgment the amount is excessive. If the security originally ordered is on deposit, the excess deposit over the reduced amount ordered shall be returned immediately…
AS 28.20.180 Correction of action of department.
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If the department takes action or fails to take action under this chapter due to erroneous information or no information, upon receiving correct information within one year after the date of an accident the department shall take appropriate action to carry out the purposes and ef…
AS 28.20.190 Custody of security.
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The department shall place security deposited with it in the custody of the Department of Revenue.
AS 28.20.200 Disposition of security.
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(a) The security deposited is available only for (1) the payment of a settlement agreement covering a claim arising out of the accident upon instruction of the person who made the deposit, or (2) the payment of a judgment given against the person required to make the deposit for …
AS 28.20.210 Return of deposit.
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(a) Upon the expiration of two years from the date of deposit of security, the security remaining on deposit shall be returned to the person who made the deposit or the person's personal representative if an affidavit or other evidence satisfactory to the department is filed with…
AS 28.20.220 Matters not to be evidence in civil suits.
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The report required after an accident, the action taken by the department under this chapter, the findings, if any, of the department upon which its action is based, and the security filed may not be referred to, and may not be evidence of the negligence or due care of either par…
AS 28.20.230 Proof of financial responsibility for the future.
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(a) The provisions of this chapter requiring the deposit of proof of financial responsibility for the future apply to persons who are convicted of or forfeit bail for certain offenses under motor vehicle laws or who, by ownership or operation of a vehicle of a type subject to reg…
AS 28.20.240 Proof required when driving privilege is restricted.
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Whenever under a law of this state the license of a person is suspended, revoked, limited under AS 28.15.201, or canceled for any reason, the department may not issue to that person a new or renewal of license until permitted to do so under the motor vehicle laws of this state. A…
AS 28.20.250 Action in respect to unlicensed person.
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(a) If a person does not have a license, but by final order or judgment is convicted of, or forfeits bail or collateral deposited to secure an appearance for trial for an offense requiring the suspension or revocation of license, or for driving a motor vehicle upon the highways w…
AS 28.20.260 When proof required after accidents.
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(a) Upon receipt by the department of the report of an accident resulting in bodily injury to or death of a person, or damage to the property of any one person exceeding $501, the department shall suspend the license of the driver of a motor vehicle involved in the accident unles…
AS 28.20.270 Suspension for nonpayment of judgments.
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Upon receipt of a certified copy of a judgment and a certificate of facts relative to the judgment, the department shall immediately suspend the license or nonresident's operating privilege of a person against whom the judgment is given except as otherwise provided in this chapte…
AS 28.20.280 When courts to report nonpayment of judgments.
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If a person fails within 30 days to satisfy a judgment arising out of a motor vehicle accident, the clerk of the court, or the judge if there is no clerk, in which the judgment is given, shall forward to the department a certified copy of the judgment and a certificate of facts r…
AS 28.20.290 Further action with respect to nonresidents.
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If the defendant named in a certified copy of a judgment reported to the department is a nonresident, the department shall send a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a reside…
AS 28.20.300 Exception for government vehicles.
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AS 28.20.260 and 28.20.270 do not apply to an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or a political subdivision or municipality of this state.
AS 28.20.310 Exception when consent granted by judgment creditor.
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If the judgment creditor consents in writing in a form prescribed by the department to the issuance of a license or nonresident's operating privilege to the judgment debtor, the department may allow it for six months from the date of such consent and thereafter until the consent …
AS 28.20.320 Exceptions when insurer liable.
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A license or nonresident's operating privilege may not be suspended under this chapter if the department finds that an insurer is obligated to pay the judgment upon which suspension is based at least to the extent and for the amounts required in this chapter, but has not paid the…
AS 28.20.325 Exemption for certain employee-drivers; applicability to employer.
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If the driver at the time of an accident was driving, in the course and scope of employment, a vehicle owned, operated, or leased by the driver's employer, the security deposit, proof of future responsibility, and suspension provisions of this chapter apply to the employer and to…
AS 28.20.330 Suspension to continue until judgments paid and proof given.
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(a) If there is an unsatisfied judgment against a person requiring suspension under AS 28.20.270, the person's license or nonresident's operating privilege shall remain suspended and shall not be renewed, nor shall a license or registration be issued in the name of the person, in…
AS 28.20.340 Driving while license cancelled, suspended, or revoked.
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Upon receiving a record of the conviction of a person for driving a vehicle while the person's license was suspended, the department shall immediately suspend the registration of every vehicle registered in the person's name until the person gives proof of financial responsibilit…
AS 28.20.350 Discharge in bankruptcy. [Repealed, § 42 ch 53 SLA 1973.]
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[Repealed or reserved.]
AS 28.20.360 Payments sufficient to satisfy requirements.
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(a) In this chapter, a judgment is satisfied when (1) $50,000 is credited upon a judgment given in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) subject to the limit of $50,000 because of bodily injury to or death …
AS 28.20.370 Installment payment of judgments; default.
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(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying the judgment in installments and the court, without prejudice at any other legal remedy, may order and fix the amount and time of …
AS 28.20.380 Registration and operator's rights limited by extent of proof.
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(a) When a certificate is filed showing that a policy is issued covering a motor vehicle owned by the insured, but not insuring the person when operating a motor vehicle not owned by the person, the restriction may be removed upon the filing of a certificate showing an operator's…
AS 28.20.390 Proof by persons who do not own a vehicle.
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Proof of financial responsibility for a person who is not the owner of a vehicle may be given by filing (1) a certificate of insurance as provided in AS 28.20.410 or 28.20.420; (2) a bond as provided in AS 28.20.470; or (3) a certificate of self-insurance as provided in AS 28.20.…
AS 28.20.400 Self-insurers.
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(a) A person in whose name more than 25 vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided in (b) of this section. A person in whose name 25 or fewer vehicles are registered qualifi…
AS 28.20.410 Certificate of insurance as proof.
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Proof of financial responsibility for the future may be furnished by filing with the department the written certificate of an insurance carrier authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the perso…
AS 28.20.420 Certificate furnished by nonresident as proof.
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(a) A nonresident may give proof of financial responsibility by filing with the department a written certificate of an insurance carrier authorized to transact business in the state in which the vehicle described in the certificate is registered, or if the nonresident does not ow…
AS 28.20.430 Default by nonresident insurer.
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If an insurance carrier not authorized to transact business in this state, but qualified to furnish proof of financial responsibility in this state, defaults in an undertaking or agreement, the department may not accept as proof a certificate of the carrier whether previously fil…
AS 28.20.440 Motor vehicle liability policy defined; required provisions.
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(a) In this chapter, “motor vehicle liability policy” means an “owner policy” or an “operator's policy” containing an agreement or endorsement as provided in this section, or certified as provided in AS 28.20.410 or 28.20.420 as proof of financial responsibility for the future, a…
AS 28.20.445 Uninsured and underinsured motorists coverage.
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(a) The maximum liability of the insurance carrier under the uninsured and underinsured motorists coverage required to be offered under AS 28.20.440 shall be the lesser of (1) the difference between the amount of the covered person's damages for bodily injury and property damage …
AS 28.20.450 Notice of cancellation or termination of certified policy.
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When an insurance carrier certifies a motor vehicle liability policy under AS 28.20.410 or 28.20.420 the insurance certified may not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance is filed with the department, exce…
AS 28.20.460 Chapter not to affect other policies.
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(a) This chapter does not apply to or affect a policy of automobile insurance against liability that may now or hereafter be required by any other law of this state, except that the policy, if it contains an agreement or is endorsed to conform with the requirements of this chapte…
AS 28.20.470 Bond as proof.
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Proof of financial responsibility may be evidenced by the bond of a surety company authorized to transact business in this state. The bond shall be conditioned for payment of the amounts specified in AS 28.20.230. The bond shall be filed with the department and may not be cancell…
AS 28.20.480 Action on bond.
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If a judgment given against the principal on a bond is not satisfied within 30 days after it becomes final, the judgment creditor may, for the use and benefit and at the sole expense of the judgment creditor, bring an action in the name of the state against the company executing …