Section 18 AAC 52.100 - Enforcement procedures for violations by motorists(a) To assist an implementing agency, the department will, in its discretion, participate in an enforcement action taken under this section by the implementing agency. The department will, in its discretion, take an enforcement action against a motorist who fails to comply with this chapter, with or without participation of the implementing agency.(b) If good cause exists, the implementing agency shall investigate a claim that a requirement of this chapter has been violated by a motorist. If the implementing agency finds that a motorist has violated a provision of this chapter or of an I/M program administered under this chapter, the implementing agency may issue a notice of violation, advising that the motorist must respond to the implementing agency within the time period specified in the notice of violation or risk an enforcement action under (d) of this section. Nothing in this subsection requires a peace officer to issue a notice of violation before issuing a citation under an applicable statute, regulation, or ordinance.(c) The implementing agency shall allow a motorist who is issued a notice of violation the time period specified in the notice, after receipt of the notice, to provide the agency with adequate proof that(1) a vehicle registered outside an I/M area is not principally located or operated in an I/M area or used to commute into the Municipality of Anchorage;(2) the vehicle has a valid waiver under 18 AAC 52.060 that was affixed to the windshield or displayed in a certificate holder in accordance with 18 AAC 52.020; or(3) the vehicle has a valid certificate of inspection that was affixed to the windshield in accordance with 18 AAC 52.020.(d) If a motorist receives a notice of violation under this section and fails to respond or provide appropriate proof of compliance with this chapter within the time period specified in the notice, the implementing agency may take one or more of the following enforcement actions: (1) refer the matter for prosecution under AS 46.14.400(j);(2) refer the matter for prosecution as a class A misdemeanor under AS 46.03.790;(3) request the division of motor vehicles to revoke the vehicle's registration;(4) bring a civil action for pollution under AS 46.03.760(e).Eff. 2/1/94, Register 129; am 1/1/98, Register 144; 1/1/2000 Register 152; am 3/27/2002, Register 161; am 12/14/2006, Register 18018 AAC 52.100 took effect 2/1/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 130, July 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.
Authority:AS 46.03.010
AS 46.03.020
AS 46.03.760
AS 46.03.790
AS 46.14.030
AS 46.14.400
AS 46.14.510