{"data":{"id":"us-ak/as-28.33.130","jurisdiction":"us-ak","citation":"AS 28.33.130","heading":"Out-of-service orders.","body":"(a) A person may not operate a commercial motor vehicle or be on duty\n(1) if, within the preceding four hours, the person\n(A) consumed or was under the influence of\n(i) an alcoholic beverage;\n(ii) a controlled substance not prescribed by a physician; or\n(iii) a controlled substance prescribed by a physician that might impair a person's ability to operate a commercial motor vehicle; or\n(B) had any measurable alcohol concentration within the blood or breath or any detectable presence of alcohol;\n(2) while in possession of an alcoholic beverage or a controlled substance not prescribed by a physician unless\n(A) the alcoholic beverage or controlled substance is manifested and documented as part of an authorized shipment of cargo; or\n(B) under AS 04, the alcoholic beverage may be legally served to passengers being carried for hire;\n(3) after being placed out of service for violation of a regulation adopted under AS 19.10.060(c) or AS 28.05.011; or\n(4) with an invalid operator's or commercial operator's license.\n(b) An employer, or a peace officer, who has reasonable grounds to believe that a person has violated (a) of this section, shall immediately give the person a written notice ordering the person out of service. If it is not possible to issue a written out of service order, a verbal order may be issued. An employer may not knowingly allow, require, permit, assign, or authorize a person to operate a commercial motor vehicle or be on duty during a period in which\n(1) the person has been ordered out of service under this section; or\n(2) the person has violated (a) of this section, even if an out-of-service order has not been issued.\n(c) A person who is ordered out of service\n(1) may not operate a commercial motor vehicle or be on duty for 24 hours following issuance of the out-of-service order; and\n(2) shall report that fact, in writing,\n(A) within 24 hours to the person's employer; and\n(B) within 30 days to the department if the person possesses a commercial motor vehicle license.\n(d) In this section, “on duty” means the period of time in which a person is\n(1) required by the person's employer to be ready to immediately operate a commercial motor vehicle, including time spent waiting to be assigned to operate a commercial motor vehicle;\n(2) inspecting, servicing, or conditioning a commercial motor vehicle;\n(3) in or upon a commercial motor vehicle, except time spent resting in a sleeper berth;\n(4) loading or unloading, or supervising the loading or unloading of, a commercial motor vehicle, or giving or receiving receipts for shipments loaded or unloaded;\n(5) taking action, as required by state or federal law, following an accident involving a commercial motor vehicle; or\n(6) repairing or obtaining assistance for a disabled commercial motor vehicle.","path":["Title 28. Motor Vehicles.","Chapter 33. Commercial Motor Vehicles.","Article 2. Commercial Vehicle Operators."],"source_url":"https://www.akleg.gov/basis/statutes.asp#28.33.130","current_through":"Alaska Statutes 2025 (34th Legislature, 2025-2026)","vintage":"","retrieved_at":"2026-09-02T06:18:11Z","sha256":"2ab495586be93c31a3854387db0cb905d2f09e49b77f5a0e3967947d2b586330","source_id":"us-ak","stale":false,"prev":"us-ak/as-28.33.120","next":"us-ak/as-28.33.140"},"notice":"GroundRules: Original legal text. Not legal advice."}