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Alaska Statutes, Title 28

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Alaska/Statutes

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Title 28, Motor Vehicles

19 chapters · 338 sections in this title.

All chapters in Title 28338 Ch 10, Vehicle Registration, Liens, and Title.68 Ch 20, Motor Vehicle Safety Responsibility Act.61 Ch 15, Drivers' Licenses.45 Ch 35, Offenses and Accidents.45 Ch 05, Administration.25 Ch 22, Mandatory Motor Vehicle Insurance.18 Ch 23, Transportation Network Companies and…16 Ch 37, Driver License Compact.13 Ch 11, Abandoned Vehicles.12 Ch 33, Commercial Motor Vehicles.9 Ch 17, Commercial Driver Training Schools.7 Ch 39, Snowmobiles.7 Ch 90, General and Miscellaneous Provisions.7 Ch 01, Alaska Uniform Traffic Laws Act.4

45 sections·Filtered byTitle 28✕Ch 35✕

AS 28.35.028 Court-ordered treatment.
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(a) Notwithstanding another provision of law, with the consent of the state and the defendant, the court may elect to proceed in a criminal case under AS 04.16.200(b) or (e), AS 28.35.030, or 28.35.032, including the case of a defendant charged with violating the terms of probati…
AS 28.35.029 Open container.
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(a) A person may not drive a motor vehicle on a highway or vehicular way or area, when there is an open bottle, can, or other receptacle containing an alcoholic beverage in the passenger compartment of the vehicle, except as provided in (b) of this section. (b) Except as provided…
AS 28.35.030 Operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance.
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(a) A person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft (1) while under the influence of an alcoholic beverage, intoxic…
AS 28.35.031 Implied consent.
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(a) A person who operates or drives a motor vehicle in this state or who operates an aircraft as defined in AS 28.35.030(w) or who operates a watercraft as defined in AS 28.35.030(w) shall be considered to have given consent to a chemical test or tests of the person's breath for …

AS 28.35.032 Refusal to submit to chemical test.

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(a) If a person under arrest for operating a motor vehicle or aircraft while under the influence of an alcoholic beverage, inhalant, or controlled substance refuses the request of a law enforcement officer to submit to a chemical test authorized under AS 28.33.031(a)(1) or AS 28.…

AS 28.35.033 Presumptions and chemical analysis of breath or blood.

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(a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while under the influence of an alcoholic beverage, inhalant, or contr…

AS 28.35.034 Surrender of license or permit.

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A person whose license or permit to operate or drive a motor vehicle has been revoked under AS 28.15.165 or 28.15.181 shall surrender the physical license or permit to the department on receipt of notice of the revocation. After the period of revocation has expired, the person ma…

AS 28.35.035 Administration of chemical tests without consent.

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(a) If a person is under arrest for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance, and that arrest results…

AS 28.35.036 Forfeiture of vehicle, aircraft, or watercraft.

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(a) After conviction of an offense under AS 28.15.291(b), AS 28.35.030, or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the offense is subject to forfeiture as provided under AS 28.15.291(b), AS 28.35.030, and 28.35.032. (b) Before forfeiture …

AS 28.35.037 Remission of forfeitures.

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(a) Upon receiving notice from the court of the time and place set for a hearing under AS 28.35.036, the state shall provide to every person who has an ascertainable ownership or security interest in the motor vehicle, aircraft, or watercraft written notice that includes (1) a de…

AS 28.35.039 Definitions for AS 28.35.029 — 28.35.039.

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In AS 28.35.029 — 28.35.039, (1) “alcohol safety action program” means a program for alcohol and substance abuse screening, referral, and monitoring developed and implemented or approved by the Department of Health under AS 47.37; (2) “controlled substance” has the meaning given …

AS 28.35.050 Action of operator immediately after accident.

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(a) An operator of a vehicle involved in an accident resulting in injury to or death of a person shall immediately stop the vehicle at the scene of the accident or as close to it as possible and return to, and remain at, the scene until the operator has fulfilled the requirements…

AS 28.35.060 Duty of operator to give information and render assistance.

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(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall give the operator's name, address, and vehicle license number to the person struck or injured, or the operator or …

AS 28.35.070 Examination or impounding before repair.

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A person may not make or have made repairs to damage or injury to a motor vehicle that could have been caused by collision with a person or property without first notifying the Department of Public Safety, chief of police, or in the absence of these, the nearest police officer or…

AS 28.35.080 Immediate notice of accident.

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(a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $2,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police departm…

AS 28.35.090 Rendering of report by others.

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(a) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in AS 28.35.080 and there was another occupant in the vehicle at the time of the accident capable of doing so, the occupant shall make or give the notice not give…

AS 28.35.100 Form of reports.

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(a) The Department of Public Safety shall prepare and upon request supply to police departments, coroners, local peace officers, garages, and other suitable agencies or individuals, forms for accident reports. The written reports by persons involved in accidents and by investigat…

AS 28.35.110 Penalty for giving false information in report or failing to report.

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(a) A person who gives information in reports as required in AS 28.35.080 knowing or having reason to believe that the information is false is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. (b) The department shall suspend…

AS 28.35.120 Use of accident reports in evidence.

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A report made in accordance with this chapter may not be used in evidence in a criminal or civil action arising out of the accident that is the subject of the report.

AS 28.35.130 False report or destruction of evidence involving a vehicle.

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An officer or person who knowingly makes or subscribes a false report concerning an investigation of a vehicle or damage or injury caused by a vehicle, as provided in this chapter, is guilty of unsworn falsification in the second degree. A person who destroys, obliterates, concea…

AS 28.35.135 Unlawful to knowingly make false statement, application, or certification.

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(a) A person may not knowingly make a false affidavit, statement, or representation, or affirm falsely with respect to a matter or fact required to be set out under this title, nor may the person use a name other than the person's true name. A person convicted of violating this s…

AS 28.35.140 Unlawful obstruction or blocking of traffic; duty to yield to following traffic.

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(a) A person may not purposely obstruct or block traffic on any roadway by any means. However, a service vehicle such as a bus, garbage truck, tow truck, or ambulance may make brief stops on a roadway, which stops on the roadway are necessary in the performance of its services. (…

AS 28.35.145 Overtaking and passing school bus.

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(a) The driver of a vehicle that approaches from any direction a school bus stopped on a highway or vehicular way or area shall stop not less than 30 feet from the school bus before reaching it when there are in operation on the school bus flashing red lights as required by regul…

AS 28.35.155 Operation of vehicle with certain tires prohibited.

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(a) It is unlawful to operate a motor vehicle with studded tires or tires with chains attached on a paved highway or road from May 1 through September 15, inclusive, north of 60 North Latitude and from April 15 through September 30, inclusive, south of 60 North Latitude, except t…

AS 28.35.161 Use of electronic devices while driving; unlawful installation of television, monitor, or similar device.

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(a) A person commits the crime of driving while texting, while communicating on a computer, or while a screen device is operating if the person is driving a motor vehicle, and (1) the vehicle has a television, video monitor, portable computer, or any other similar means capable o…

AS 28.35.175 Propane gas detector required.

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A person may not sell a recreational motor vehicle manufactured after 1990 or rent a recreational motor vehicle to another if the vehicle is equipped with a propane stove or propane heating device unless the vehicle is also equipped with a propane gas detector.

AS 28.35.180 Disobedience to signals of officer regulating traffic prohibited.

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A driver of a vehicle may not refuse to obey a lawful order or direction of a peace officer, firefighter, or authorized flagman regulating and directing traffic. A peace officer or firefighter regulating or directing traffic shall, upon request of a driver, produce evidence of au…

AS 28.35.182 Failure to stop at direction of peace officer.

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(a) A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense, (1) the person violates AS 28.35.400; (2) the person is committing vehicle theft in …

AS 28.35.185 Overtaking and passing certain stationary vehicles.

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(a) The driver of a vehicle that approaches a stationary emergency vehicle, fire vehicle, law enforcement vehicle, tow truck in the act of picking up a vehicle, vehicle in the act of performing maintenance or road service work, or animal control vehicle being used to perform offi…

AS 28.35.191 Failure to use headlights.

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(a) A person commits the offense of failure to use headlights if the person operates a motor vehicle without the use of motor vehicle headlights (1) between one half-hour after sunset and one half-hour before sunrise; (2) at any other time when, because of insufficient light or o…

AS 28.35.225 Enforcement.

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All law enforcement officers in this state and employees of the Department of Public Safety designated by that department's commissioner shall enforce this title and regulations adopted under this title. The state troopers shall advise and instruct all other law enforcement offic…

AS 28.35.235 Unauthorized use of parking reserved for persons with disabilities; penalties.

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(a) A person may not park a motor vehicle in a parking place reserved for a person with a disability unless (1) the person operating the vehicle has a special permit issued by the department under AS 28.10.495; (2) the person operating the vehicle has parked the vehicle for the p…

AS 28.35.245 Motorcycle helmet.

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(a) A motorcycle helmet may not be manufactured or sold in the state unless the helmet conforms to standards established by regulation by the commissioner of public safety. The regulations must provide for helmets that allow normal peripheral vision and hearing and minimize neck …

AS 28.35.251 Failure to contain or confine a load.

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(a) A person commits the crime of failure to contain or confine a load in the first degree if the person, with criminal negligence, violates (c) of this section and, as a result of that violation, causes serious physical injury to another person. (b) A person commits the crime of…

AS 28.35.253 Anti-spray devices required.

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(a) A person may not drive a motor vehicle on a highway unless the vehicle is equipped with fenders, mud flaps, or other anti-spray devices adequate to prevent the vehicle from being a hazard to other users of the highway. (b) Violation of this section is an infraction.

AS 28.35.255 Penalty.

AS 28.35.261 Operation of low-speed vehicles.

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(a) The operator of a low-speed vehicle is subject to all the traffic and other laws applicable to operators of passenger vehicles. (b) The operator of a low-speed vehicle may not operate that vehicle on a highway that has a maximum speed limit of more than 35 miles an hour. Notw…

AS 28.35.280 Minor operating a vehicle after consuming alcohol.

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(a) A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after having consumed any quantity of alcohol…

AS 28.35.285 Minor's refusal to submit to chemical test.

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(a) If a person under arrest for minor operating a vehicle after consuming alcohol refuses the request of a peace officer to submit to a chemical test or tests of the person's breath authorized under AS 28.35.031(a) and 28.35.280(a), after being advised by the officer that the re…

AS 28.35.290 Driving during the 24 hours after being cited for alcohol or breath test offenses.

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(a) A person who has been cited for minor operating a vehicle after consuming alcohol under AS 28.35.280 or for refusal to submit to a chemical test of breath under AS 28.35.285 may not operate a motor vehicle, aircraft, or watercraft during the 24 hours following issuance of the…

AS 28.35.300 Tampering with or damaging a vehicle.

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A person, without the right to do so, may not tamper with a vehicle, set or attempt to set a vehicle in motion, or damage a part or component of a vehicle.

AS 28.35.310 Renting a motor vehicle.

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(a) A person may not rent a motor vehicle to a person unless the person renting the vehicle is properly licensed under this title or, if a nonresident, the person is properly licensed under the laws of the jurisdiction of a person's residence. (b) A person may not rent a motor ve…

AS 28.35.320 Failure to return rental vehicle.

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(a) A person in possession of a motor vehicle under an agreement in writing that requires the person to return the vehicle to a particular place or at a particular time who refuses or wilfully neglects to return it to the place and at the time specified in the agreement in writin…

AS 28.35.400 Reckless driving.

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(a) A person who drives a motor vehicle in the state in a manner that creates a substantial and unjustifiable risk of harm to a person or to property is guilty of reckless driving. A substantial and unjustifiable risk is a risk of such a nature and degree that the conscious disre…

AS 28.35.410 Negligent driving.

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(a) A person who drives a motor vehicle in the state in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent driving. An unjustifiable risk i…