17 AAC 38.035 - Prohibitions

(a) A motor vehicle may not use or enter the tunnel if

(1) the motor vehicle poses an unreasonable hazard to the tunnel or to the tunnel's users due to a condition of the motor vehicle, or of the motor vehicle's driver, occupants, or contents;

(2) the size, weight, or any other characteristic of the motor vehicle, including any trailer, or of any load on the motor vehicle or trailer, could reduce the safety of passage through the tunnel;

(3) the load on the motor vehicle, including any trailer,

(A) is improperly secured;

(B) poses a danger to the traveling public; or

(C) is incompatible with the safe operation of the tunnel; or

(4) the motor vehicle's driver fails

(A) to pay the applicable toll as established under 17 AAC 38.020; or

(B) upon request, to provide information relevant to

(i) the determination of the motor vehicle's classification under 17 AAC 38.025;

(ii) permits to operate oversized motor vehicles or trailers on public roads; copies of permits must be provided to the tunnel operator; or

(iii) a basis for denial of access under this chapter.

(b) A person may not

(1) set off a false alarm or tamper with safety devices associated with the tunnel;

(2) when the tunnel is under the management of the department, use or enter the tunnel except as provided in this chapter; or

(3) use or enter the tunnel operating a bicycle or other non-motorized vehicle.

(c) The following are prohibited from entrance into and passage through the tunnel on the highway:

(1) a cleated or tracked vehicle unless transported on a rubber-tired vehicle;

(2) a vehicle, including any load or trailer, more than 15 feet high, 11 feet wide, or 75 feet long, or in excess of any applicable vehicle weight limit under 17 AAC 25.013;

(3) a pedestrian;

(4) a vehicle carrying a hazardous material

(A) that requires a placard under 49 C.F.R. 107 through 180, revised as of October 1, 2003; or

(B) as defined in 49 C.F.R. 107 through 180, revised as of October 1, 2003, in any quantity greater than 400 pounds, except that greater than 400 pounds of fuel in a motor vehicle's or boat's internal fuel tank is exempt from the prohibition in this subparagraph;

(5) a vehicle transporting gasoline in a portable container not marked as approved for that purpose by Underwriters Laboratories (UL) or in one or more UL-approved portable containers having a total combined capacity greater than 12 gallons;

(6) a vehicle transporting propane in

(A) a container not designed for the transport of propane; or

(B) one or more containers designed for the transport of propane and having a total combined capacity greater than 100 pounds of propane; and

(7) a vehicle transporting acetylene in a container not designed for the transport of acetylene, or transporting one or more than one container designed for the transport of acetylene and having a total combined capacity of more than 400 cubic feet of acetylene;

(8) a vehicle that may not legally operate on the state highway system.

Notes

17 AAC 38.035

Eff. 6/4/2000, Register 154; am 7/9/2004, Register 171

Authority:AS 19.05.010

AS 19.05.020

AS 19.05.030

AS 19.05.040

AS 44.42.030