Cases

Rivera v. Department of Administration (2025)

A commercial driver who committed a traffic offense while holding a CDL could not avoid mandatory disqualification by surrendering or downgrading the license before adjudication. The Alaska Supreme Court held that eligibility for disqualification hinges on the driver’s status at the time of the offense, reinforcing federal objectives to hold CDL holders to higher safety standards and prevent evasion through administrative loopholes.

Brockway v. State, Not Reported in P.3d (2011)

Police officer had probable cause to believe that defendant was driving a commercial motor vehicle in violation of the law, and thus officer’s traffic stop of defendant was lawful. Officer testified that he was trained and experienced in enforcing Alaska’s commercial motor vehicle laws, and that he had stopped vehicles similar in size and proportions to the one defendant was driving that had been rated over the 10,001 pound threshold. Officer’s estimate was close, in that defendant’s truck’s gross vehicle rating was 9,990 pounds. Officer’s belief that the truck was a commercial motor vehicle was supported by evidence that the truck was registered to what appeared to be a commercial business. U.S.C.A. Const.Amend. 4.

Burnett v. State, 264 P.3d 607 (2011)

Defendant was convicted in the District Court, Fourth Judicial District, Bethel, Dennis P. Cummings, J., of driving under the influence. He appealed. Holdings: The Court of Appeals, Mannheimer, J., held that: [1] defendant’s spinning of his vehicle’s tires did not create reasonable suspicion that defendant had committed negligent driving; [2] stop of defendant’s vehicle was not justified under community caretaker doctrine; and [3] spinning of vehicle’s tires, without more, did not support a reasonable suspicion that defendant was driving while intoxicated. Reversed.

Charles Lee Davis v. State of Alaska, 235 P.3d 1017 (Alaska Ct. App. 2010)

Defendant argued that the State had no authority to enforce the federal law regulating commercial motor vehicles. The appellate court found that the adopted portions of the federal regulations were now state law and were enforced by various state agencies. By expressly adopting the pertinent portions of the federal regulations and revising them as necessary to apply them to Alaska roadways, the State Department of Transportation acted consistently with its statutory authority and the legislature’s objective. The evidence showed that defendant was operating a commercial motor vehicle where defendant presented no evidence that his vehicle was exempt from the state regulations because it was used “exclusively” for non-commercial purposes. Defendant was using his tractor-trailer to haul property belonging to another person or persons. Even if he did not receive monetary compensation, defendant was engaged in activities that were incidental to and done in furtherance of his business. Defendant did not show that the State failed to turn over exculpatory evidence, nor did he show that he was prejudiced in any way. Defendant was not entitled to a jury trial. The judgment was affirmed.

Clifford C. Haywood v. State of Alaska, 193 P.3d 1203 (Alaska Ct. App. 2008)

Before the trial court and on appeal, defendant argued that former Alaska Stat. § 28.33.140 did not authorize the revocation of a commercial driver’s license for a conviction of driving under the influence unless the motorist was operating a commercial vehicle at the time of the offense. On review, the court held that former Alaska Stat. § 28.33.140 did not allow the disqualification of a commercial driver’s license for a conviction involving a non-commercial motor vehicle. Because Alaska Stat. § 28.33.140(a) and (b) were reasonably susceptible of two contradictory interpretations–one allowing revocation of a commercial license upon a conviction for driving a private vehicle while under the influence and a second allowing revocation only if the conviction for driving a motor vehicle while under the influence was committed while driving a commercial vehicle–the statute was ambiguous. Under the rule of lenity, resolution of the ambiguity required adoption of the meaning most favorable to defendant. The portion of the district court judgment disqualifying defendant from driving a commercial motor vehicle was vacated. The remainder of the judgment was affirmed.

Varilek v. State, Not Reported in P.2d (1995)

A jury convicted Larry Varilek of driving a commercial motor vehicle without a commercial driver’s license, a class A misdemeanor. AS 28.33.150(a)(1). Varilek appeals, contending that District Court Judge Peter G. Ashman should have suppressed the evidence arising from an unlawful search of his vehicle by a commercial vehicle enforcement officer whose commission as a special officer had temporarily lapsed. Varilek also contends that Judge Ashman incorrectly instructed the jury on the evidence required to establish that Varilek had been driving a “commercial motor vehicle.” Affirmed.

Cluff v. State, Not Reported in P.2d (1993)

A jury convicted Leland S. Cluff of driving a commercial motor vehicle without a commercial driver’s license, a class A misdemeanor. AS 28.33.150(a)(1). Cluff appeals his conviction, raising three related contentions: that his conduct was not prohibited by AS 28.33 .150; that AS 28.33.150 is vague if it is construed to prohibit his conduct; and that there was insufficient evidence at trial to support his conviction under AS 28.33.150. Affirmed.

Statutes

Adoption of Federal Regulations

  • No reference ( Regulations cited in Alaska Law as indicated)

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Railroad Crossings (Disqualification)

Out of Service Orders (Disqualification)

Miscellaneous Licensing Regulations

 

Resources

News

Labor Trafficking Awareness

Human Trafficking Truck Stop Awareness

Broadcast Library

Labor Trafficking Awareness

The following dramatized scenarios depict indicators of labor trafficking — a crime committed when a trafficker uses force, fraud, or coercion to compel another person to work for little or no wages. Human trafficking victims are often invisible because we do not recognize indicators of human trafficking. In this video, the CDL holder reacted quickly and decisively, recognizing the warning signs and providing the girls with the help they needed. Identifying signs of human trafficking and reporting a tip may save a life.

(DHS Video by Blue Campaign/Released)

Human Trafficking Truck Stop Awareness

This video depicts a human trafficking scenario taking place at a truck stop and shares how truck stop employees and truck drivers can report it. (DHS Video by Blue Campaign/Released)

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

Come to Order

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: Autonomous Vehicles, Part I – December 2, 2024

The first of a four-part series on autonomous vehicles, this episode introduces judges to levels 0-2 vehicles in the autonomous vehicle taxonomy and discusses emerging legal issues starting to appear in courtrooms. Level 1 and Level 2 (which includes Tesla cars and trucks) are prevalent on the roads across the country today. Judicial Ambassadors Judge Thomas Fowler from Arkansas and Judge Gayle Williams-Byers lead the discussion. Hosted by NJC Communications Director Barbara Peck.

Autonomous Vehicles – Part II – December 9, 2024

This episode of Come to Order continues the discussion on autonomous vehicles, focusing on level 4 and level 5 vehicles. The judges discuss the future of passenger vehicles at this level as well as commercial level 4 vehicles that are on the road today.

Autonomous Vehicles – Part III – December 30, 2024

In the third episode in our series on autonomous vehicles, Judge Fowler and Judge Williams-Byers analyze how advancements in vehicle technology could impact impaired driving cases. When do drivers have actual physical control over autonomous vehicles and what impact will a law’s use of the word operating versus driving impact a case? Tune in to find out!

Autonomous Vehicles – Part IV – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!

Putting the Brakes on Human Trafficking

Presentation by Judge Gayle Williams-Byers (Ret.)