"An Act relating to penalties for violation of vehicle weight limitations; prohibiting the use of a violation of a vehicle weight limitation for certain personal automobile insurance actions; amending Rule 43.6, Alaska Rules of Administration; and providing for an effective date. "

House Bill 266 "An Act relating to penalties for violation of vehicle weight limitations; prohibiting the use of a violation of a vehicle weight limitation for certain personal automobile insurance actions;" modifies existing law related to the penalty structure for overweight vehicle violations.

This legislation proposes the first increase in penalties since the existing provisions were established in the 1970s. Existing provisions do not adequately inhibit commercial shipping companies and others from violating overweight vehicle limitations. The proposed modification establishes a graduated penalty for the amount of weight in excess of the limitations set by statute, regulation and/or permit.

Another provision of the bill prohibits the use of overweight vehicle violations for use by insurers to adversely impact decisions related to providing private automobile insurance coverage for drivers. In the majority of cases, the driver has little knowledge or ability to limit the weight of the load placed on the vehicle they are assigned to drive. As a result, the company causes the violation and, if cited, pays the fine imposed.

Currently, overweight vehicle violations are used by insurers as justification to take adverse action in relation to the personal automobile insurance coverage of truck drivers. Section 1 of the bill would prohibit this action.

This legislation will protect drivers who do not know they are in violation and protect our roads from overweight vehicles in Alaska. The Department of Transportation, Teamsters, and Horizon Shipping Lines all support HB 266, and we urge you to do the same.

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