Section 2 AAC 90.420 - Application for driver's license(a) An application for a driver's license, including a driver's license that is federally compliant, must be made on the form prescribed and provided by the department. The application will include questions concerning the applicant's eligibility for a license, including the existence of a physical or mental disability that may impair the ability of the applicant to operate a motor vehicle safely. If the applicant's answers to these questions indicate the existence of a physical or mental disability that may affect the safe operation of a motor vehicle by the applicant, the department may require an examination of the applicant by a licensed physician, psychiatrist, optometrist, or other competent medical authority before issuance of a driver's license. The expense of the examination must be paid by the applicant. The results of an examination within the previous six months meets the requirement of this subsection, unless the condition began or changed since that examination was conducted. If the applicant seeks a commercial driver's license, a valid medical certificate is required in accordance with 49 C.F.R. 383.71, adopted by reference in 2 AAC 90.250.(b) An applicant for an original driver's license or identification card that is not federally compliant must present valid documentary proof of identity, date of birth, name, lawful status in the United States, and address of principal residence. An applicant for a driver's license or identification card that is federally compliant must furnish the documentary proof required by 2 AAC 90.570. To establish identity, date of birth, name and lawful status, an applicant for a driver's license or identification card that is not federally compliant must present at least one of the documents identified in (1) - (8) of this subsection. An applicant for an original driver's license or identification card that is not federally compliant who presents at least one of the document identified in (9) - (11) of this subsection must also verify lawful status by presenting a document identified in (1) - (8) of this subsection or by presenting documentation issued by the United States Department of Homeland Security or another federal agency demonstrating lawful status as determined by the United States Citizenship and Immigration Services. Acceptable documents are; (1) a valid, unexpired United States passport;(2) a certified copy of a birth certificate filed with a state or territory of the United States Office of Vital Statistics or equivalent agency in the application State or territory of birth; (3) a consular Report of Birth Abroad issued by the United States Department of State, Form FS-240, DS-1350 or FS-545;(4) a valid, unexpired Permanent Resident Card issued by the Department of Homeland Security or the Immigration and Naturalization Service. (5) an unexpired employment authorization document issued by the Department of Homeland Security, Form 1-766 or Form I-688B;(6) an unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved 1-94 form documenting the applicant's most recent entry into the United States; (7) a Certificate of Naturalization issued by the Department of Homeland Security, Form N-550 or Form N-570;(8) a Certificate of Citizenship, Form N-560 or Form N-561, issued by the Department of Homeland Security; (9) a driver's license or identification card that is federally compliant issued in accordance with the standards established by this chapter and AS 18.65.310 and AS 28.15.041;(10) a United States Armed Forces active duty, retiree, or reservist identification; or(11) other evidence of comparable validity; in this paragraph, "evidence of comparable validity" includes a court order.(c) An applicant may request that the department issue a driver's license or identification card in a name other than the name that appears on the applicant's source document due to name change through marriage, adoption, court order, or other manner authorized by state law. The department shall require evidence of a name change through the presentation of documents issued by a court, governmental body, or other entity as) determined by the department. An applicant must provide a translation to English of any document that is not written in English.(d) An applicant for an original, duplicate, or renewal of a driver's license or identification card who is eligible for a social security number must present the applicant's valid social security number for department verification with the information on file with the United States Social Security Administration database or must present documents issued from the United States Social Security Administration that demonstrate that the applicant does not have a social security number assigned. If an applicant is ineligible to be assigned a social security number, the applicant must prove ineligibility by presenting documents that are issued by the United States Social Security Administration, the United States Department of Homeland Security, or other federal agencies or state or federal courts, and that demonstrate that the applicant is ineligible to be assigned a social security number.(e) An applicant for an original license must present documentation, acceptable to the department, that contains both the applicant's name and address of principal residence.(f) The department may require that the applicant surrender the applicant's previously issued driver's license to the department at the time of issuance or renewal of a driver's license.(g) If an applicant's driving privileges are under suspension or revocation in another jurisdiction, proof must be received from that jurisdiction showing that the suspension or revocation has terminated before issuance of a driver's license in this state.(h) An applicant for an original license, or a renewal of a license that has been expired for more than one year, must furnish documentary proof of lawful status in the United States and must take the vision and knowledge tests. The department may waive the requirements to furnish documentary proof and verification of lawful status in the Unites States under this subsection or (b) or (i) of this section when the records of the document demonstrate that the applicant previously presented and the document verified documentary proof of a person's lawful status for a previous issuance of an identification card or driver's license and if the department determines that the person continues to qualify for lawful status in the United States. Unless the applicant is eligible for a waiver under (j), (1), or (n) of this section, a road test must be taken by an applicant for an original license, to remove an off-highway restriction, or by an applicant whose previous license was expired, suspended, revoked, or cancelled. A test will be conducted as follows:(1) the vision test will be conducted each time the applicant applies for a driver's license;(2) the knowledge test will be conducted when the applicant applies for a driver's license; if the applicant does not pass the knowledge test the first time, the applicant may retake the test the following day; if the applicant does not pass the second, third, and subsequent tests, the department may continue to allow the applicant to retake the test once per day until the applicant passes the test; the following standards apply to the use of aids in taking the knowledge test: (A) an applicant for a driver's license who has difficulty reading may have another person read the test questions orally to the applicant; an applicant for a non-commercial driver's license who does not comprehend the English language may have another person translate and read the test questions orally to the applicant; a reader may not aid an applicant in answering or attempting to answer the test questions; a reader who assists an applicant with determining the correct answers to the test questions will be disqualified from acting as a reader for a minimum of six months;(B) an applicant may not use a cell phone, text messaging, crib notes, hand signals, the driver's manual, or other types of assistance while taking the knowledge test; an applicant who uses a reader that is disqualified under (A) of this paragraph or uses other aids to determine the correct answers to the test questions will be disqualified from testing for seven days;(3) the department may conduct the first road test when the applicant satisfactorily meets all other requirements; a second road test will be conducted at least one week after the first test if the department determines it is necessary; further testing will be at the department's discretion and the department may require proof that additional driver training has been completed; the department may not allow the use of an autocycle for a road test for a Class D driver's license; the department will not refund a road test fee if the applicant cancels an appointment for a road test later than 72 hours before the time scheduled for the test, fails to appear for the scheduled road test, fails the road test due to an unsafe vehicle, carries improper registration, or lacks proof of insurance for the vehicle being used for testing.(i) An applicant for renewal of a driver's license must furnish documentary proof of lawful status in the United States, must take the vision test unless renewing under AS 28.15.101(c), and must meet requirements set out in 2 AAC 90.440(f). The department may waive the requirements to furnish documentary proof and verification of lawful status in the Unites States under this subsection, or (b) or (h) of this section if the records of the department demonstrate that the applicant previously presented, and the department verified, documentary proof of a person's lawful status for previous issuance of an identification card or driver's license and if the department determines that the person continues to qualify for lawful status in the United States.(j) The department will waive the road test requirement of this section for an applicant for an original or renewal of a driver's license if the (1) applicant previously possessed the same class of driver's license under AS 28.15.041 or a similar statute of (A) another state or territory of the United States;(B) a province or territory of Canada; or(C) a province of the Republic of Korea; and(2) driver's license was expired, suspended, revoked, disqualified, or cancelled for less than five years from the current date of application.(k) The department may waive the motorcycle skills test for an applicant who submits to the department proof of the applicant's successful completion of a Motorcycle Safety Foundation Course or another motorcycle safety program or course acceptable to the department.(l) The department will waive the road test, permit, and provisional requirements in this section for a Class R license. (m) An applicant for an identification card must provide the same documentary evidence as required in (a) - (f) of this section. Unless otherwise provided in this section, an identification card issued under AS 18.65.310 expires and may be renewed as set out in AS 28.15.101, except that the applicant (1) is not required to take a vision test; and(2) is not subject to the restriction in AS 28.15.101(c)(2) if renewing an identification card by mail or on the department's Internet website; an applicant under this paragraph remains subject to the restriction in AS 28.15.101(c)(1).(n) An applicant with military commercial motor vehicle experience who seeks a commercial driver's license may request, in accordance with 49 C.F.R. 383.77, adopted by reference in 2 AAC 90.250, a waiver from a skills test required under 49 C.F.R. 383.113, adopted by reference in 2 AAC 90.250, or from a skills test required under this chapter.(o) Successful knowledge test and road test results are valid for one year, except if the department determines that a road test is necessary as part of re-examination under 2 AAC 90.450.(p) An applicant seeking to have a veteran designation under AS 18.65.310(l) or AS 28.15.111(c) added to the applicant's driver's license or identification card must present (1) a true and correct copy of a certificate of release or discharge from active duty on United States Department of Defense form DD-214 or DD-215;(2) a true and correct copy of a report of separation and record of service on United States National Guard Bureau form NGB-22;(3) a letter signed by a representative of the United States Department of Veterans Affairs identifying the applicant as a retired veteran or a veteran who was discharged under honorable conditions; or(4) a valid military identification card identifying the applicant as a retired veteran or a veteran who was discharged under honorable conditions.(q) If the applicant seeks reinstatement of a driver's license that was limited, suspended, or revoked under AS 28.15, the proof of financial responsibility required under AS 28.15.211(e) and AS 28.20 may not be dated earlier than 30 days before the date of reinstatement.(r) For purposes of this section, an individual is present with lawful status in the United States if the individual is, under 8 U.S.C. 1101- 1537 (Immigration and Nationality Act) or other federal law, (1) a citizen or national of the United States; or(2) an alien who (A) is lawfully admitted for permanent or temporary residence in the United States;(B) has conditional permanent resident status in the United States;(C) has an approved application for asylum in the United States or has entered the United States in refugee status;(D) has a pending application for asylum in the United States;(E) has a valid nonimmigrant status in the United States;(F) has a pending or approved application for temporary protected status (TPS) in the United States;(G) has approved deferred action status; or(H) has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.(s) Nothing in (r) of this section affects other provisions of 8 U.S.C. 1101- 1537 (Immigration and Nationality Act) or other federal law that apply to determining an individual's lawful status in the United States.(t) An applicant for a driver's license that is federally compliant must provide the documentation required by 2 AAC 90.570; and must comply with (a), (f) - (s) of this section.Eff. 7/1/2006, Register 178; am 1/1/2011, Register 196; am 6/27/2014, Register 210, July 2014; am 1/12/2018,Register 225, April 2018; am 1/1/2019,Register 228, January 2019; am 2/23/2020, Register 233, April 2020 Authority:AS 18.65.310
AS 28.05.011
AS 28.15.041
AS 28.15.081
AS 28.15.111
AS 28.15.211