VEHICLE AND TRAFFIC OFFENSES BOOKLET (Including Watercraft Offenses)

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1 VEHICLE AND TRAFFIC OFFENSES BOOKLET (Including Watercraft Offenses) Version A: Offenses Listed Numerically September 2008 This booklet is on the court system website at: Alaska Court System Office of Special Projects 820 West 4 th Avenue Anchorage, Alaska

2 Abbreviations: AS AAC Alaska Statute Alaska Administrative Code Authority: Corr correctable/dismissible offenses. See pages 1-2. Mand/Inf mandatory appearance infraction. See page 2. Mand/Cr mandatory appearance crime (misdemeanor or felony). See page 2. Mand/Viol mandatory appearance violation. See page 2. AS (as amended by ch 76 SLA 1987) describe the mail-in-bail and mail-in-fine procedure. AS requires the Alaska Supreme Court to set bail amounts for state traffic offenses and requires municipalities to establish a fine schedule by ordinance for municipal traffic offenses. AS requires the Alaska Supreme Court to set bail amounts for oversize vehicle offenses. Administrative Rule 43 is the court rule which describes the procedure for adopting and amending bail forfeiture schedules. Administrative Rule 43.1 is the court rule which lists the bail forfeiture amounts for traffic offenses. Administrative Rule 43.6 is the court rule which lists the bail forfeiture amounts for oversize vehicle offenses. Administrative Rule 43.8 is the court rule which lists the bail forfeiture amounts for watercraft offenses. Administrative Rule 49 and Administrative Bulletin 39 concern those municipalities which are responsible for processing uncontested municipal citations. District Court Criminal Rule 8 governs procedure in minor offense cases (including traffic infractions). AS requires the Commissioner of the Department of Administration to adopt a point system. 2 AAC is the regulation which lists the points. See inside back cover page. 13 AAC requires inspecting officers to void traffic citations for equipment violations if repairs are made (for non-commercial vehicles only).

3 VEHICLE AND TRAFFIC OFFENSES BOOKLET VERSION A CONTENTS Page Introduction 1 Numerical Listing of Offenses 7 Note: Any traffic offenses not included in this booklet are mandatory court appearances. Note: This booklet (Version A) lists traffic offenses in numerical order. A separate booklet (Version B) is also available which lists traffic offenses by category of offense. This edition includes the changes made by the following supreme court orders (SCOs) issued after the December 2006 edition of the booklet: SCO 1678, effective September 2, 2008 (amending the Traffic Bail Forfeiture Schedule) SCO 1679, effective September 2, 2008 (amending the Oversize Vehicle Bail Forfeiture Schedule to change the penalties for two offenses) Copyright 1987, 1988, 1991, 1994, 1999, 2004, 2005, 2006 and Alaska Court System All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is hereby granted to governmental and non-profit educational institutions. However, reproduction of any part of this booklet for commercial purposes without the express written permission of the Alaska Court System is strictly prohibited.

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5 INTRODUCTION Bail Amounts The "bail" amounts on the following lists are set by the Alaska Supreme Court under the authority of AS (for motor vehicle and traffic offenses), AS (for oversize vehicle offenses) and AS (c) (for watercraft offenses). These statutes require the supreme court to determine those offenses that are appropriate for disposition without court appearance and to establish a schedule of bail amounts for them. The bail amounts are listed in Administrative Rules 43.1, 43.6, and Any recommendations for changes in the bail amounts should be sent to the following address before July 1 each year. Please include an explanation of the reason for the recommendation. Ellen Moran, Admin. Asst. to Susan Miller Office of Special Projects Alaska Court System 820 West 4th Avenue Anchorage, AK If a bail amount is set for an offense, a person charged with that offense can dispose of the charge (by mail or in person) by checking the "no contest plea" box on the back of the citation and paying the bail amount plus any surcharge established by statute. For many courts, some citations may also be paid online on the court system website at The person may also choose to appear in court and contest the citation. If found guilty, the maximum sentence which may be imposed is the bail amount (plus any surcharge). AS (c), AS (e), and Administrative Rules 43.1, 43.6 and Therefore, a person charged with an offense for which a bail amount has been set (whether it is an infraction, a violation, or a misdemeanor) does not have a right to a jury or to a court-appointed lawyer. If no bail amount is set for an offense, the defendant must appear in court for arraignment (unless another statute or regulation makes the offense correctable as discussed below). Maximum Amount. The maximum bail amount for any offense in which the bail is stated as an amount per mile, per foot, per lamp, per reflector, per tire, or per wheel is the maximum fine allowed by statute for the offense. For example, AS (c) sets the maximum penalty for infractions defined in 13 AAC at $300. Therefore, the maximum penalty for the speeding offenses defined in 13 AAC is $300. These maximum amounts are doubled for violations of AS 28 and regulations adopted under AS 28 committed within a highway work zone or traffic safety corridor. Administrative Rule

6 Correctable Offenses If the Bail column for an offense lists Corr followed by a number, the offense is a Correctable/Optional Appearance offense. A defendant charged with one of these offenses has three options for responding to the charge. The defendant can: 1. Show the police proof of correction and get the citation dismissed, or 2. Appear in court for arraignment, or 3. Mail in his/her plea (or pay online at the court system website for some courts). The bail amount for the offense is the amount written after Corr. When an officer charges one of these offenses, the officer must check the Correctable box on the citation and also write in the bail and surcharge amounts and the total due. If the defendant shows an inspection official proof that the defect has been corrected, the citation must be dismissed (or voided). District Court Criminal Rule 8(d)(4). An offense is listed as correctable only if there is a statute or regulation authorizing dismissal upon correction. Therefore, the only offenses in this category are: AS (failure to carry license and exhibit it on demand) and equipment violations on non-commercial vehicles under 13 AAC Note: Although AS (b) makes failure to provide a child safety device [AS (b)] a dismissible offense the first time it is charged, we have not included it among the "Corr" offenses because subsequent charges are not dismissible. Mandatory Appearance Offenses If the Bail column for an offense lists any of the following three abbreviations, a defendant charged with the offense must appear in court: Mand/Inf = a traffic infraction which requires a mandatory appearance in court for arraignment. A defendant charged with a traffic infraction does not have a right to a jury or to a court-appointed lawyer. AS (d). Mand/Cr = a misdemeanor or felony which requires a mandatory appearance in court for arraignment. A defendant charged with a misdemeanor or felony for which no bail forfeiture amount has been set has a right to a jury trial and (if indigent) to a lawyer at government expense. Mand/Viol = a violation which requires a mandatory appearance in court for arraignment. A defendant charged with an offense classified as a "violation" does not have a right to a jury or to a court-appointed lawyer. AS (b) (61). 2

7 Points Points for traffic offenses are not set by the supreme court. They are set by the Department of Administration in Alaska Administrative Code regulation 2 AAC (printed on the inside of the back cover of this booklet). The purpose of the point system, according to AS , is to identify "habitually reckless or negligent drivers and habitual or frequent violators of traffic laws." Under this law, a person's driver's license can be suspended or revoked by the Department of Administration if the person accumulates "12 or more points as a result of offenses committed during any consecutive 12-month period or 18 or more points as a result of offenses committed during any 24-month period." The statutes concerning the point system are AS to AS The regulations which were written to carry out the legislature's intent are in the Alaska Administrative Code: 2 AAC to 2 ACC If you believe the points listed in this booklet are incorrect or if you believe the regulation which sets them (2 AAC ) should be amended, write to: Whitney Brewster, Director Division of Motor Vehicles 1300 W. Benson Blvd. Anchorage, AK (907) When recommending changes in the points, please keep in mind the following limitations on the point system: 1. By statute [AS (a)], points are to be assigned "for convictions for violations of traffic laws that are required to be reported to the [Department of Administration] under AS and AS " a. The term "traffic laws" is defined in AS to mean "statutes, regulations, and municipal ordinances governing the driving or movement of vehicles." b. Convictions which are required to be reported under AS are convictions "of an offense under [Title 28] or a regulation adopted under [Title 28], or another law or regulation of this state, or a municipal ordinance that regulates the driving of vehicles." A conviction of a standing or parking offense need not be reported. 2. Points may not be assigned to laws, regulations or ordinances "regulating standing, parking, equipment, size, or weight; nor may points be assessed for violations by pedestrians, passengers or bicycle riders, or for violations of provisions relating to the preservation of the condition of traffic-control devices on the highways. Points shall be assessed for violations of oversize or overweight permits relating only to restrictions upon speed or hours of operation." AS (b). 3

8 Processing Codes The processing codes in the fifth column of the numerical list of offenses are selected by the Division of Motor Vehicles from a list of codes and definitions required by the federal government. The codes are used by the clerks who enter traffic ticket information into the APSIN (Alaska Public Safety Information Network) computer. These codes designate the description of the offense which will appear on the defendant's driving record. They also cause the computer to assign the correct number of points to the offense. Note: The ZZZ code means there is no code for the offense on the national list of required codes. Offenses with a ZZZ code do not have points and do not appear on people s driving records. Also Note: The processing codes for watercraft offenses are established by the Department of Public Safety. Penalty Section The last column on the numerical list cites the penalty section for each offense. These penalty section statutes describe the possible penalties which the court can impose for each offense. However, in spite of the penalty section statutes, the maximum penalty for any offense for which a bail amount has been set is the bail amount (plus any surcharge). This is true whether the defendant pleads no contest or chooses to contest the citation. See AS (c), AS (e) and Administrative Rules 43.1, 43.6 and The penalty sections for all the offenses with bail amounts are marked with two asterisks (**). Note: If the bail amount is an amount per mile, per foot, etc., see the paragraph about Maximum Amount at the bottom of page 1. Charging Document An offense for which a bail forfeiture amount has been established must be charged on a citation form, not on a formal criminal complaint form. District Court Criminal Rule 8(c)(2) and Administrative Rules 43.1, 43.6 and All other offenses may be charged on either a citation form (if allowed by AS ) or a formal criminal complaint form. Municipal Fine Schedules Cities that want to use a mail-in system for processing traffic citations must establish, by city ordinance, a fine schedule listing those city traffic offenses which do not require court appearance. See AS and the other statutes revised by chapter 76 SLA There are no longer any "bail forfeiture" schedules for city offenses. 4

9 Federal Motor Carrier Safety Regulations (49 CFR) The 49 CFR (Code of Federal Regulations) offenses listed on pages can be found at the following website: or at the Government Printing Office (GPO Access) website: Police Training Surcharge AS adds a surcharge to the fine or other penalty for most offenses. The surcharge is not part of the fine. It must be assessed separately, listed separately on the citation and on the judgment, and receipted using a separate accounting code. The surcharge is mandatory. It may not be waived, deferred or suspended. However, a judge may allow a defendant who is unable to pay the surcharge to perform community work service under AS (c) in lieu of the surcharge. AS (b). In imposing a fine, the court may not reduce the fine by the amount of the surcharge or otherwise consider the applicability of a surcharge to the offense. AS (f). AS provides that the legislature may appropriate money collected under the surcharge law to the Alaska police training fund. AS requires cities to authorize the imposition of this surcharge for violation of their ordinances and to deposit the money collected into the state general fund. A copy of the surcharge statute and AS are printed on the back cover. Doubled Bail Amounts for Offenses in Highway Work Zones and Traffic Safety Corridors Effective April 30, 1999, the bail amounts are doubled for violations of AS 28 and regulations adopted under AS 28 (i.e., the 13 AAC regulations and some 2 AAC regulations) committed within a highway work zone. Administrative Rule 43.1 and AS A copy of the statute and rule are printed on the last page in the booklet (page 34). Effective May 27, 2006, the bail amounts are doubled for violations of AS 28 and regulations adopted under AS 28 committed within a traffic safety corridor, as that term is defined in AS Administrative Rule 43.1, AS , and AS See page 34. The website showing the traffic safety corridors is: If an offense occurs in one of these zones or corridors, the officer charging the offense must state that on the citation. 5

10 Default Judgments For Failure To Respond If a defendant fails to respond to a citation or fails to appear for arraignment or trial, the court may either issue a bench warrant or enter a judgment of conviction against the defendant. District Court Criminal Rule 8 (d)(5), (d)(6), (e)(2) and (g). At least 15 days before such a judgment of conviction (called a default judgment) is entered, the defendant must be sent a notice explaining the consequences of failure to respond. If a default judgment is entered, it will be for the scheduled bail or fine amount or, if there is no scheduled amount, for the maximum penalty for the offense. In addition, the default judgment will require the defendant to pay any surcharge established by statute, $25 in court costs and $25 in collection costs. If, instead, a bench warrant is issued, the defendant must pay a $75 bench warrant fee, regardless of whether the defendant is convicted. Note, however, that the court may waive the collection costs and bench warrant fee upon a showing of good cause. District Court Criminal Rule 8 (h). Fatal Accidents Court Appearance Required Effective September 1, 2003, pursuant to AS (e), an offense with a bail amount may not be disposed of without court appearance if the offense happens in connection with a motor vehicle accident that results in the death of a person. If this happens, the offender must be required to appear in court. Administrative Rule

11 Note: Offenses not listed here are mandatory court appearances. VEHICLE AND TRAFFIC OFFENSES NUMERICAL LISTING BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY* POINTS CODE SECTION WATERCRAFT OFFENSES AS (a)(1) Failure to have or use Coast Guard 50 0 BVDS AS (b) viol. ** approved sound producing device and visual distress signals. AS (a)(2) Failure to have Coast Guard 50 0 BVVF AS (b) viol. ** approved ventilation and backfire flame control devices. AS (a)(3) Coast Guard approved fire BVFX AS (b) viol. ** extinguishers required. AS (c) Failure to display Coast Guard 50 0 BVNL AS (b) viol. ** approved navigational lights. AS (d) Personal flotation device required 100 plus 0 BVFD AS (b) viol. ** for each person on board. 50 for each additional person AS (e) Throwable type 4 personal flotation $100 0 BVTF AS (b) viol. ** device required on boats that are 16 feet and longer. (Except canoes and kayaks.) AS (f) Unlawful use of flashing or revolving 50 0 BVRB AS (b) viol. ** red or blue emergency lights. AS (g) Transporting on deck or in open BVUF AS (b) viol. ** boat persons under 13 years of age that are not wearing a personal flotation device. (Operator responsible.) AS Improper Operation Near Diver s Flag Mand/Cr AS (a) A misd. AS (a) Towing a person on water skis, BVRM AS (b) viol. ** surfboard, or a similar device without either an observer 12 years or older or a rear view mirror. AS (b) Towing a person under 13 years of age, BVTU AS (b) viol. ** who is not wearing a personal flotation device, on water skis, surfboard, or similar device. (Operator responsible.) AS (a) Failure to Give Assistance or Mand/Cr AS (a) A misd. ID at Watercraft Accident AS (b) Failure to file an accident report BVAR AS (b) viol. ** when an injury occurs or damage greater than $500 occurs. AS (a) Failure to register powerboat BVFR AS (b) viol. ** AS (d) Failure to display properly issued 50 0 BVDD AS (b) viol. ** identification number and a validation decal. 7

12 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION AS (1) Reckless Driving of Watercraft Mand/Cr AS (a) A misd. AS (1) Negligent Driving of Watercraft Mand/Cr AS (a) A misd. TRAFFIC OFFENSES AS Disregard of Highway Obstruction Mand/Cr 2 MO1 AS (b) B misd. AS Unlawful Possession of Official AS (b) viol.** Traffic Control Device AS (a)(7) Tampering with Official Traffic Mand/Cr 0 D73 AS (b) A misd. Control Device or Damaging Highway Construction Work AS Unlawful Possession or Use of Mand/Cr 0 D73 AS (d) A misd. Traffic Preemption Device AS Avoidance of Ignition Interlock Mand/Cr 6 A41 AS (b) A or B misd. Device with limits, eff AS (a) Commercial Vehicle (intrastate): Failure to Maintain Minimum Insurance D36 AS (g) B misd. (For interstate carriers, see 49 CFR 387 on page 23.) AS Commercial Vehicle Certificate of Inspection Required Charge under 49 CFR on page 27. AS Failure to Notify Dept. of Change of Name/Address (See AS (b)) AS (a) Failure to Wear Safety Belt 15 or 0 FO4 AS (a) inf. (age 16 and older: passenger or donation***** driver) AS (b) Failure to Provide Child Safety 50 2 FO2 AS (b) inf. Device (Note: 1st charge may be dismissed by court upon proof of correction, but 2nd or subsequent charge is not dismissible) AS (b) Failure to Properly Secure 50 2 FO2 AS (b) inf. Child in Child Safety Device AS (d) Illegal Removal of Vehicle 15 or 0 U20 AS (a) inf. Safety Belt donation***** AS (b) Failure to Carry Certificate of Registration in Vehicle. Charge under AS AS Registration Exemptions Out of State Registration. Charge as Failure to Register under AS AS Failure to Register Vehicle 90 0 B54 AS (a-b) misd.** AS Plates/Decals/Permits Must 75 0 B43 AS (a-b) misd.** Be Properly Attached and Displayed AS Failure to Carry Certificate 40 0 B76 AS (a-b) misd.** of Registration in Vehicle AS Operating Vehicle w/expired 90 0 B54 AS (a-b) misd.** Registration AS Operating Vehicle w/suspended/ B29 AS (a-b) misd.** Revoked Registration AS Improper Use of Evidence of Mand/Cr 0 D20 AS (a-b) misd. AS (a) Felonies Relating to Title, Mand/Cr 0 B42 AS (b) felony Registration, ID No., etc. AS (a) Illegal Transfer of Vehicle by Mand/Cr 0 DO4 AS (a) B misd. Owner AS (b) Illegal Transfer of Vehicle Mand/Cr 0 DO4 AS (b) B misd. by Dealer 8

13 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION AS (b) Driving With License Expired 75 2 B51 AS (a-b) misd.** Less Than One Year AS (b) Driving Without a Valid License Mand/Cr 2 B51 AS (a-b) misd. AS (2) Driving With Out-of-State License 75 2 B51 AS (a-b) misd.** After 90 Days In State AS (6) Driving A Motor-Driven Cycle With 75 2 B51 AS (a-b) misd.** Out-Of-State Driver s License After 90 Days in State AS (a) School Bus Driver License Required Mand/Cr 2 B51 AS (a-b) misd. AS (a-b) Driving in Violation of Instruction Mand/Cr 2 D29 AS (a-b) misd. Permit AS (b) Operating a Vehicle in Violation D29 AS (d) & of a Provisional License AS (c) inf. ** AS (d) Driving in Violation of Mand/Cr 2 D29 AS (a-b) misd Restricted License. AS License to be Carried and Corr/50 2 B72 AS Exhibited on Demand / (a-b) misd. AS (a) Unlawful Use of Driver's License B41 AS (a-b) misd. ** AS (b) Permitting Unauthorized Person Mand/Cr 0 B30 AS (a-b) misd. to Drive AS Driving While License AS / Suspended Mand/Cr 10 B26 AS (a)(9) & (d) A misd. Revoked Mand/Cr 10 B25 AS / AS (a)(9) & (d) A misd. Limited (in violation of Mand/Cr 10 D27 AS / limitation) AS (a)(9) & (d) A misd. AS Motor Vehicle Insurance Mand/Cr 6 B74 AS (a-b) misd. Required AS Proof of Insurance to be Carried and Corr/500 6 B74 AS (d) B misd.** Exhibited on Demand Note: Statute sets $500 minimum. AS Providing False Information Mand/Cr 0 B83 AS A misd. Required Under AS (mandatory insurance) AS Operating Commercial Vehicle While (a)(1) Under Influence of Alcoholic Beverage Mand/Cr 10 A21 AS and Controlled Substance Mand/Cr 10 A A misd. Inhalant Mand/Cr 10 A20 (a)(2) With.04 Percent Alcohol Mand/Cr 10 AO4 AS and In Blood A misd. (a)(3) Under Combined Influence of Mand/Cr 10 A23 AS and Alcoholic Beverage, Inhalant A misd. and Controlled Substance AS (b) Commercial Vehicle: Refusal to Mand/Cr 10 A12 AS (b) and Submit to a Chemical Test A misd. AS (f) Commercial Vehicle: Refusal to Mand/Cr 0 ZZZ AS (f) B misd. Submit to a Preliminary Breath Test AS Driving a Commercial Vehicle Mand/Cr 2 B51 AS A misd. Without a CV License 9

14 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION AS Operating a Commercial Vehicle or Being On-Duty: (a)(1) After Consuming Alcohol Mand/Cr 2 A27 AS (a-b) misd. or Controlled Substance (a)(2) While Possessing Alcohol Mand/Cr 2 A35 AS (a-b) misd. or a Controlled Substance (a)(3) After Being Placed Out of Mand/Cr 6 B27 AS (a) & (b) Service For Violating a Reg. A misd. (a)(4) With an Invalid License Mand/Cr 10 B24 AS (a) & (b) A misd. AS (a)(2) Driving a CV when License is: Revoked Mand/Cr 10 B25 AS (a)(2)&(b) A misd. Suspended Mand/Cr 10 B26 AS (a)(2)&(b) A misd. Canceled Mand/Cr 10 B22 AS (a)(2)&(b) A misd. AS (a)(3) Driving a CV in Violation of a Mand/Cr 10 D27 AS (a)(3)&(b) License Limitation A misd. AS (a)(4) Driving a CV When Disqualified Mand/Cr 10 B24 AS (a)(4)&(b) A misd. AS Open Container of Alcoholic A35 AS (d) Beverage in Motor Vehicle / (c) inf.** AS (a) Driving Under the Influence (DUI) (all motor vehicles except those listed below) Mand/Cr 10 A20 AS (a) A misd. DUI - Snow Machines and Off-Road Vehicles Mand/Cr 10 A20 AS A misd. DUI - Watercraft Mand/Cr 10 A20 AS A misd. DUI - Aircraft Mand/Cr 10 A20 AS A misd. DUI - Commercial Vehicle Charge under AS AS (n) DUI 3 rd or more offense in 10 years Mand/Cr 10 A20 AS (n) C felony AS (e) Refusal to Submit to a ZZZ AS (e) Preliminary Breath Test / (c) inf.** AS Refusal to Submit to Chemical Mand/Cr 10 A12 AS Test / (a)(8) A misd. AS (p) Refusal to Submit to Chemical Mand/Cr 0 A12 AS (p) Test 3 rd or more offense in 10 years / (c) C felony AS (a) AS (b-c) AS (a) Leaving Scene of Injury Accident Non-Commercial Vehicle Mand/Cr 9 BO7 AS (a-b) misd. Commercial Vehicle Mand/Cr 9 B07 AS (a-b) and (a)(4) misd. Leaving Scene of Property Damage Only Accident Non-Commercial Vehicle Mand/Cr 9 B08 AS (a-b) misd. Commercial Vehicle Mand/Cr 9 B08 AS (a-b) and (a)(4) misd. Operator to Give Information At Accident Non-Commercial Vehicle Mand/Cr 2 B09 AS (b) misd. Commercial Vehicle Mand/Cr 2 B09 AS (b) and (a)(4) misd. 10

15 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION AS (a) Failure to Assist Injured Person At Accident Non-Commercial Vehicle Mand/Cr 9 BO1 AS (c) / (a)(3) felony Commercial Vehicle Mand/Cr 9 BO1 AS (c), (a)(3) and (a)(4) felony AS (a) Failure to Give Immediate Mand/Cr 2 B61 AS (b) misd. Notice of Accident AS (b) Failure to File Written Accident Mand/Cr 2 B61 AS (b) misd. Report Within 10 Days AS (a) Giving False Information in Mand/Cr 0 B84 AS (a) misd. Accident Report AS False Report or Destruction of Mand/Cr 0 B83 AS misd. Evidence AS (a) Making False Statement Mand/Cr 0 B83 AS A misd. /Affidavit AS (b) Failure to Notify Dept. of 25 0 B62 AS (a-b) misd.** Change of Name/Address but see (b) AS (a) Obstructing or Blocking Traffic 75 2 F34 AS (a-b) misd.** AS (b) Turn Off Required When 5 or More N06 AS (a-b) misd. ** Vehicles are Behind AS (a) Failure to Stop For School Mand/Cr 6 M75 AS (d) B misd. Bus with Flashing Red Lights AS (b) Failure to Yield to Person Cross- Mand/Cr 6 M75 AS (d) B misd. ing Road To/From School Bus AS (e) Ownership of a Vehicle Which 75 0 ZZZ AS (e) inf.** Illegally Passes a Stopped School Bus AS Operating Vehicle w/studded/ Corr/50 0 E20 AS (a-b) misd.*** Chained Tires When Prohibited AS Driving With Screen Mand/Cr 2 N84 AS (f-g) A misd. Device Operating or A, B, C felony AS Propane Gas Detector Required Mand/Cr 0 EO3 AS (a-b) misd. AS Disobedience to Signal of 75 2 MO8 AS (a-b) misd.** Officer Regulating Traffic AS (a) Failure to Stop at Direction Mand/Cr 10 UO1 AS (e) C felony of Peace Officer First Degree AS (b) Failure to Stop at Direction Mand/Cr 10 UO1 AS (e) A misd. of Peace Officer Second Degree AS AS Overtaking and Passing a Parked Emergency Vehicle - (b)(1) if personal injury results Mand/Cr 2 M70 AS (b)(1) A misd. - (b)(2) if no personal injury M70 AS (c) inf.** Unauthorized Use of Parking Reserved For Persons With Disabilities AS (b) - First Offense F33 / (c) inf.** - Second or More Offenses F33 Note: Statute sets minimums. AS Unauthorized Use Of Parking Reserved For Persons With Disabilities While Displaying Special License Plate Or Permit - First Offense F33 - Second or More Offense F33 AS (b) / (c) inf.** Note: Statute sets minimums. AS Contained or Confined Loads F10 AS inf.** 11

16 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION AS Anti-Spray Devices Required Corr/60 0 E30 AS inf.*** AS Low-Speed Vehicle on M60 AS (a-b) misd.** Highway With Limit Above 35 MPH AS Minor Operating Vehicle After Mand/Inf 6 A60 AS (d) inf. Consuming Alcohol AS Minor s Refusal to Submit Mand/Inf 10 A12 AS (d) inf. to Chemical Test AS Minor Driving During 24 Hours Mand/Inf 6 B27 AS (b) inf. After Being Cited for Alcohol or Breath Test Offense AS Tampering With or Damaging Mand/Cr 0 U20 AS (a-b) misd. a Vehicle AS Requirements For Renting a Motor Mand/Cr 0 ZZZ AS (a-b) misd. Vehicle AS Failure to Return Rental Vehicle Mand/Cr 0 ZZZ AS felony AS AS Reckless Driving Non-Commercial Vehicle Mand/Cr 10 M84 AS (b) / (a) misd. Commercial Vehicle Mand/Cr 10 M84 AS (b), (a) and (a) misd. Negligent Driving Non-Commercial Vehicle Mand/Inf 6 M83 AS (c) / (c) inf. Commercial Vehicle Mand/Inf 6 M83 AS (c), (c) and (a) inf. AS Operating An Unregistered 50 0 B53 AS (b) inf.** Snowmobile AS (e) Failure to Display Snowmobile 50 0 B76 AS (a-b) misd.** Numbered Registration Decal AS (f) Failure to Carry Snowmobile 50 0 B76 AS (a-b) misd.** Certificate of Registration or Provide Identifying Information AS NOTE: The AS (Alaska Motor Freight Carrier) offenses previously listed on the traffic bail schedule were repealed by 1983 initiative #2, effective February AS Littering - 5 pounds or less 50 fine**** 2 D67 AS (c-h) viol.**** 2 AAC School Bus Driver Permit Must Be Corr/50 2 B72 AS (c) inf. Carried and Displayed Upon Demand 2 AAC (b) Failure to File Crash Report Within 10 Days Charge under AS (b). 2 AAC Unlawful Use of Classified License 50 2 B91 AS (c) inf.** 3 AAC 62 NOTE: The 3 AAC 62 regulations (Alaska Transportation Commission Motor Carrier Safety Regulations) which were added to the bail schedule in 1982 by Supreme Court Order No. 491 no longer exist because the Alaska Transportation Commission and all its regulations were repealed by 1983 initiative #2, effective February 28, AAC 12 NOTE: The 11 AAC 12 regulations (State Park Traffic Offenses) have been removed from the traffic bail schedule because they are now listed in the State Parks Bail Schedule, Supreme Court Order No. 655, effective September 3, 1985 (repealed and reenacted as Administrative Rule 43.3, effective January 1, 1987). 13 AAC (a) Disobedience to Traffic Control M14 AS (c) inf.** Devices 13 AAC (a)(1)(A&B) FTY to Vehicle in Intersection N24 AS (c) inf.** After Green Signal 12

17 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION 13 AAC (a)(1)(A&B) FTY to Pedestrian in Crosswalk N20 AS (c) inf.** After Green Signal 13 AAC (a)(3)(A) Failure to Stop for Steady M16 AS (c) inf.** Red Traffic Signal 13 AAC (a)(3)(B) FTY When Turning on Red Signal N31 AS (c) inf.** 13 AAC (a)(3)(B) Turning on Red Signal When 75 2 M17 AS (c) inf.** Prohibited 13 AAC (a)(3)(C) Failure to Stop for Steady Red M16 AS (c) inf.** Arrow 13 AAC (b) Position of Vehicle Stopping 75 2 N52 AS (c) inf.** at Intersection 13 AAC Failure to Obey Pedestrian 40 0 ZZZ AS (c) inf.** Control Signal 13 AAC (a)(1) Failure to Yield After Stopping N24 AS (c) inf.** for Flashing Red Signal 13 AAC (a)(1) Failure to Stop for Flashing M16 AS (c) inf.** Red Signal 13 AAC Lane Use Control Signals 75 2 M05 AS (c) inf.** 13 AAC (a) Display of Unauthorized Signs, 50 0 D73 AS (c) inf.** Signals, or Markings 13 AAC (a) Failure to Drive on Right Side 75 2 N70 AS (c) inf.** of Roadway 13 AAC (a)(3) FTY When Driving Left of M06 AS (c) inf.** Obstructed Roadway 13 AAC (b) Vehicle Not to Use Left Lane at 75 2 M60 AS (c) inf.** Less than Speed Limit 13 AAC (b) Turn Off Required When 5 or More Vehicles Are Behind. Charge under AS (b). 13 AAC (a) & (c) Improper Overtaking on Right 75 2 M73 AS (c) inf.** 13 AAC (b) Return to Lane Only When Clear M48 AS (c) inf.** 13 AAC (a) Limitations on Driving Left M40 AS (c) inf.** of Center 13 AAC (a) Improper Overtaking on the Left M73 AS (c) inf.** 13 AAC (a) FTY to Overtaking Vehicle N07 AS (c) inf.** 13 AAC (b) FTY to On-Coming Traffic When N06 AS (c) inf.** Passing 13 AAC FTY 1/2 of Roadway to On-coming M57 AS (c) inf.** Vehicle and Failure to Pass on Right of On-coming Vehicle 13 AAC (b) Passing/Driving Left of Center M76 AS (c) inf.** in No Pass Zone If this offense occurs in a M71 AS (c) inf.** Traffic Safety Corridor: AS AS (c) 13 AAC (b-c) Wrong Way on One-Way Roadway N63 AS (c) inf.** 13 AAC (a) Improper Lane Change 75 2 M42 AS (c) inf.** 13 AAC (b) Improper Use of Center Lane 75 2 M62 AS (c) inf.** of 3-Lane Roadway 13 AAC (a-c) Following Too Closely M34 AS (c) inf.** 13

18 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION 13 AAC (a) Driving Over, Across or Within M51 AS (c) inf.** Barrier/Median 13 AAC (a) Failure to Stay on Right Side N71 AS (c) inf.** of Divided Highway 13 AAC (c) Improper Entry/Exit-Controlled M46 AS (c) inf.** Access Highway 13 AAC Drive Nearest Right Edge on 75 2 M41 AS (c) inf.** Narrow/Winding Roadway 13 AAC (a) FTY to Vehicle on Right at 90 4 N25 AS (c) inf.** Unsigned Intersection 13 AAC (b) FTY to Vehicle Entering N01 AS (c) inf.** Intersection After Stop 13 AAC (d) FTY When Entering Roundabout N21 AS (c)inf.** 13 AAC (f) Improper Lane Change In or 75 2 M42 AS (c)inf.** Exiting From a Roundabout 13 AAC FTY When Turning Left N31 AS (c) inf.** 13 AAC (b) Improper Position of Vehicle 75 2 M45 AS (c) inf.** Stopping at Stop Sign 13 AAC (b) Failure to Stop for Stop Sign M15 AS (c) inf.** 13 AAC (b)-(c) FTY After Stopping or at N26 AS (c) inf.** Yield Sign 13 AAC (b) FTY When Entering Roadway from N01 AS (c) inf.** Non-Roadway 13 AAC (a)-(b) FTY to Authorized Emergency N04 AS (c) inf.** Vehicle 13 AAC (c) Driver of Emergency Vehicle Not N82 AS (c) inf.** to Disregard Safety 13 AAC (a)-(b) Pedestrians Subject to Traffic 40 0 ZZZ AS (c) inf.** Regulations 13 AAC (c) Pedestrian in Traffic Roundabout 40 0 ZZZ AS (c) inf.** Outside a Crosswalk 13 AAC (a) FTY to Pedestrian in Crosswalk N20 AS (c) inf.** 13 AAC (b) Pedestrian to Exercise 50 0 ZZZ AS (c) inf.** Due Caution 13 AAC (c) Vehicle Not to Pass Vehicle 75 4 N08 AS (c) inf.** Stopped for Pedestrian 13 AAC (e) Not to Drive Within or Through 50 2 M45 AS (c) inf.** Pedestrian Safety Zone 13 AAC (a)-(f) Pedestrian Crossing at Other 25 0 ZZZ AS (c) inf.** than Crosswalks 13 AAC (a)-(e) Pedestrian to Use Sidewalk/Left 40 0 ZZZ AS (c) inf.** Edge of Roadway and Not Interfere, Sleep, Loiter or Obstruct 13 AAC Pedestrian Not to Distract 50 0 ZZZ AS (c) inf.** Drivers When Soliciting Rides and Pedestrian Not to Solicit Employment, Business or Contributions from Vehicle Occupants 13 AAC (a) FTY to Pedestrian w/white Cane/ N08 AS (c) inf.** Guide Dog 13 AAC (b) Not to Use White Cane/Guide Dog ZZZ AS (c) inf.** Unless Blind 14

19 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION 13 AAC (a) Pedestrian FTY to Authorized 50 0 ZZZ AS (c) inf.** Emergency Vehicle 13 AAC (a)-(c) Improper Position/Method Turning 75 2 method N51 AS (c) inf.** at Intersection position N52 13 AAC (a)-(b) U-Turn Only When Safe/Not on 75 2 N56 AS (c) inf.** Hill, Crest or Curve 13 AAC Improper Start From Parked/ 75 2 N83 AS (c) inf.** Stopped/Standing 13 AAC (a)-(f) Signals Required Turn/Stop 75 2 N40 AS (c) inf.** /Slowing-Discontinue After 13 AAC (a)-(b) Obedience to Train Signals and M10 AS (c) inf.** Barriers 13 AAC (a) Certain Vehicles to Stop at All M09 AS (c) inf.** Railroad Crossings 13 AAC (a)-(b) Heavy Equipment to Give Notice 75 0 M06 AS (c) inf.** of Railroad Crossing 13 AAC (a&c) Heavy Equipment to Stop at Railroad M09 AS (c) inf.** Crossing 13 AAC Give Warning w/horn When Vision 50 2 E50 AS (c) inf.** Restricted/Alley/Driveway/Bldgs. 13 AAC Stop: Emerging from Alley/ M25 AS (c) inf.** Driveway/Building 13 AAC Position of Stop When Emerging 75 2 N52 AS (c) inf.** From Alley/Driveway/Bldg. 13 AAC Stop When Traffic May be Obstructed 75 2 F34 AS (c) inf.** 13 AAC (a) Basic Speed: Reasonable & 90 2 S94 AS (c) inf.** Prudent for Road Conditions 13 AAC (b) Speeding: 13 AAC (a)-(d) Altered Speed Limits: 3-9 mph over posted limit 8/mi. 1 2 S03-S09 AS (c) inf.** mph over posted limit 8/mi. 1 4 S10-S19 AS (c) inf.** 20 mph or more over limit 12/mi. 1 6 S20-etc. AS (c) inf. ** 3-9 mph over posted limit 8/mi. 1 2 S03-S09 AS (c) inf.** mph over posted limit 8/mi. 1 4 S10-S19 AS (c) inf.** 20 mph or more over limit 12/mi. 1 6 S20-etc. AS (c) inf. ** 13 AAC Minimum Speed Regulation 60 2 S96 AS (c) inf.** 13 AAC (a) Speed Limitation on Motor-Driven 60 2 S94 AS (c) inf.** Cycles at Night 13 AAC (b) Towing Mobile Home at Speed 75 2 N84 AS (c) inf.** Over 45 MPH 13 AAC (c) Driving With Lighted Headlights 75 2 S94 AS (c) inf.** At Unreasonable Speed 13 AAC (d) Speed: Over 20 mph in Marked Crosswalk Speed Zone of Public School or Playground 3-9 mph over 12/mi 1 6 S99 AS (c) inf.** mph over 14/mi 1 6 S99 AS (c) inf.** 20 mph or over 16/mi. 1 6 S99 AS (c) inf.** 15

20 BAIL OR PROCESSING PENALTY STATUTE/REGULATION OFFENSE CATEGORY POINTS CODE SECTION 13 AAC (e) Passing School Bus With Flashing 75 2 M70 AS (c) inf.** Yellow Lights at Speed Over 20 MPH 13 AAC (f) Speed, Weight or Size in Excess 75 2 M14 AS (c) inf.** of Posted Traffic Control Device When Crossing Over Bridge or Through Tunnel 13 AAC (a) Racing on the Highway S95 AS (c) inf.** 13 AAC (a-d Stopping/Standing/Parking 25 0 F35 AS (c) inf.** except (d)(1)(l)) on Highway/Other Location 13 AAC (d)(1)(L) Handicapped Parking. Charge under AS AAC (a)-(g) Additional Parking Regulations 25 0 F35 AS (c) inf.** 13 AAC (d) Not to Stop/Stand/Park in 25 0 F35 AS (c) inf.** Loading Zone 13 AAC (b) Position of Bus Stopping to 25 0 F35 AS (c) inf.** Load/Unload Passengers 13 AAC (c) Taxi Cab Restrictions on 50 0 F35 AS (c) inf.** Standing/Parking 13 AAC (d) Stop/Stand in Bus Stop/Taxi 25 0 F35 AS (c) inf.** Stand 13 AAC (c)-(f) Parking Meter Violations 15 0 ZZZ AS (c) inf.** 13 AAC (b)-(e) Special Bicycle Violations 40 0 ZZZ AS (c) inf.** 13 AAC (a)-(h) Riding Bicycles on Roadways/ 40 0 ZZZ AS (c) inf.** Bike Paths 13 AAC (a)-(c) Parking of Bicycles 20 0 ZZZ AS (c) inf.** 13 AAC (a)-(c) Special Motorcycle Violations 60 2 F06 AS (c) inf.** 13 AAC (d) Motorcycle Cling to Other Vehicle N81 AS (c) inf.** 13 AAC (a) Motor Vehicle Not to Deprive 50 2 N03 AS (c) inf.** Motorcycle of Full Lane Use 13 AAC (a) Motorcycles More than Two Abreast 50 2 M40 AS (c) inf.** 13 AAC (b) Motorcycle Passing in Same Lane 50 2 M70 AS (c) inf.** As Other Motor Vehicle 13 AAC Snowmobile and Other Off-Highway 75 0 ZZZ AS (c) inf.** Vehicle Violations 13 AAC (a)-(f) Snowmobile and Other Off-Highway 50 2 F40 AS (c) inf.** Vehicle Operation on Highways and Other Locations 13 AAC (g) Snowmobile or Other Off-Highway ZZZ AS (c) inf.** Vehicle Traveling on Pedestrian Pathway 13 AAC Requirements for Unattended 50 0 F63 AS (c) inf.** Motor Vehicle 13 AAC (a) Bicycles/Pedestrians Traveling 50 0 ZZZ AS (c) inf.** in Prohibited Area 13 AAC (a) Driving a Motor Vehicle Where M40 AS (c) inf.** Prohibited 13 AAC (b) Non-Motorized Vehicle to Yield to 40 0 ZZZ AS (c) inf.** Traffic on Roadway 13 AAC (a-b) Limitation on Backing 75 2 N82 AS (c) inf.** 13 AAC Driving Vehicle on Sidewalk M58 AS (c) inf.** 16

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