Tunnel Regulations

Chapter 38
Anton Anderson Memorial Tunnel

Section

5. Designation and applicability.

15. Schedule for vehicle access.

20. Tolls.

25. Vehicle classification.

35. Prohibitions.

55. Traffic control devices.

900. Definitions.

 

17 AAC 38.005. Designation and applicability

(a) The Anton Anderson Memorial Tunnel, including associated vehicle staging areas, and the section of the road commonly known as the Portage Glacier Highway between milepost 5.1, near Portage Creek, Alaska, and the Whittier Ferry Terminal is designated as a toll facility.

(b) This chapter applies to all use of and passage through the tunnel on the highway when the tunnel is under the management of the department, except for use by motor vehicles operated by the department or by its agents or contractors as authorized by contract with the department. This chapter does not apply when the tunnel is subject to the management of the Alaska Railroad Corporation.

History: Eff. 6/4/2000, Register 154

Authority: AS 19.05.010

AS 19.05.020

AS 19.05.030

AS 19.05.040

AS 44.42.030

 

17 AAC 38.015. Schedule for vehicle access

(a) The department will establish and modify from time to time a schedule setting out times, based on the vehicle classifications set out in 17 AAC 38.025, for public access by motor vehicle through the tunnel. Schedule information will be published as a public notice available through the department's home page on the internet.

(b) The department will, in its discretion, delay, cancel, or adjust public access by motor vehicle through the tunnel, or vary from a published time schedule, as required to provide for

(1) the needs of the Alaska Railroad Corporation;

(2) traffic demand;

(3) safety;

(4) weather considerations;

(5) tunnel and highway maintenance; and

(6) the state's best interest.

History: Eff. 6/4/2000, Register 154

Authority:AS 19.05.010

AS 19.05.020

AS 19.05.030

AS 19.05.040

AS 19.10.030

AS 19.10.100

AS 44.42.030

Editor's note: The schedule for vehicle access described in 17 AAC 38.015 may be viewed at the department's regional office in Anchorage. The website address for the department home page is dot.alaska.gov. The website address where the tunnel schedule can be found is dot.alaska.gov/tunnel.

 

17 AAC 38.020. Tolls

(a) The commissioner will establish the vehicle tolls for passage through the tunnel, at an amount projected to yield revenue reasonably calculated to cover expenses, and will review and adjust those tolls, if necessary, for that purpose. Expenses include the costs of operating and maintaining the facility, including the cost of insurance, loan repayments, with interest, and repair and replacement of equipment.

(b) The tolls listed in the department's Anton Anderson Memorial Tunnel: Vehicle Classifications and Tolls Schedule, as revised as of June 1, 2004, are adopted by reference.

(c) No more than once for a calendar year, the commissioner will, in the commissioner's discretion, adjust upwards or downwards, by no more than 10 percent, a toll listed on the toll schedule adopted by reference in (b) of this section or a toll set by previous adjustment under this subsection. If the commissioner adjusts a toll under this subsection, the commissioner will

(1) issue a decision to adjust the toll and publish notice of the adjustment under (f) of this section

(A) at least 60 days before adjusting the toll; and

(B) not later than April 1 of the year in which the adjusted toll is to become effective; and

(2) base a decision to adjust a toll upon

(A) the amount of appropriations for the year for which the toll is to be adjusted;

(B) the impacts of vehicle travel upon the tunnel; and

(C) whether an adjustment promotes the purposes set out in AS 19.05.125 .

(d) The commissioner will, in the commissioner's discretion, waive a toll, in whole or in part, for a special user group, if that waiver is determined to be in the state's best interest.

(e) Employees of the department or the department's contractor will collect tolls for passage through the tunnel near the Bear Valley entrance to the tunnel for the passage from Bear Valley to Whittier. The department will not collect tolls for passage through the tunnel from Whittier to Bear Valley.

(f) The department will publish, as a public notice available through the department's home page on the internet,

(1) the toll schedule adopted by reference in (b) of this section;

(2) any adjustments made to a toll under (c) of this section; and

(3) any waiver of a toll made under (d) of this section.

(g) The department will not charge a toll for passengers, motor vehicles, or freight traveling on the Alaska Railroad.

(h) Repealed 7/9/2004.

History: Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; 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

Editor's note: The Anton Anderson Memorial Tunnel: Vehicle Classifications and Tolls Schedule, adopted by reference in 17 AAC 38.020, as well as any adjustments to or waivers from tolls on that schedule, may be viewed at the regional office of the Department of Transportation and Public Facilities in Anchorage. The address for the department web site is dot.alaska.gov. The web site address for the Anton Anderson Memorial Tunnel: Vehicle Classifications and Tolls Schedule is dot.alaska.gov/creg/whittiertunnel/tolls.shtml.

 

17 AAC 38.025. Vehicle classification

(a) Subject to (b) of this section, motor vehicles are classified as follows for purposes of this chapter:

(1) class A consists of

(A) passenger vehicles that are not pulling trailers;

(B) motorcycles, and motorcycles pulling trailers;

(C) recreational vehicles less than 28 feet long that are not pulling trailers; and

(D) trucks with a gross vehicle weight of less than 12,000 pounds, and that are not pulling trailers;

(2) class B-1 consists of the following vehicles, if trailers and any load are no more than 8.5 feet wide, excluding bumpers and rub rails, and no more than 14 feet high, and if the combined length of a vehicle, trailer, and any load is no more than 75 feet:

(A) passenger vehicles that are pulling trailers, except as specified in (3), (5), or (6) of this subsection;

(B) recreational vehicles less than 28 feet long that are pulling trailers, except as specified in (3), (5), or (6) of this subsection;

(C) recreational vehicles 28 feet long and greater that are not pulling trailers;

(D) trucks with a gross vehicle weight of less than 12,000 pounds that are pulling trailers;

(3) class B-2 consists of

(A) passenger vehicles and recreational vehicles pulling trailers carrying boats, if the trailer and its load are more than 8.5 feet wide, but no more than 10 feet wide, including bumpers and rub rails, and no more than 14 feet high, and if the combined length of the vehicle, trailer, and its load is no more than 75 feet;

(B) recreational vehicles 28 feet long and greater that are pulling trailers;

(C) vans and buses designed to carry more than nine but fewer than 30 people including the driver;

(D) trucks with a gross vehicle weight of 12,000 pounds or more, with no more than three axles in the down position, and that are not pulling trailers;

(E) trucks with a gross vehicle weight of 12,000 pounds or more, with no more than two axles in the down position, and that are pulling trailers, excluding truck-tractors pulling trailers, and except as specified in (5) or (6) of this subsection;

(4) class C consists of buses designed to carry 30 or more people including the driver;

(5) class D consists of

(A) trucks with a gross vehicle weight of 12,000 pounds or more, with four or more axles in the down position, and that are not pulling trailers;

(B) trucks with a gross vehicle weight of 12,000 pounds or more, with three or more axles in the down, and that are pulling trailers, except as specified in (6) of this subsection;

(C) truck-tractors with a gross vehicle weight of 12,000 pounds or more, and that are pulling trailers;

(D) motor vehicles, including any trailer and any load, if they are more than 8.5 feet wide, excluding mirrors, but no more than 10 feet wide, and no more than 14 feet high, and if the combined length of the vehicle, trailer, and any load is no more than 75 feet long, except as specified in (3) of this subsection; and

(E) any motor vehicle that is not otherwise classified in this section and that is not prohibited by 17 AAC 38.035;

(6) class E consists of motor vehicles, including any trailer and any load, if they are more than

(A) 10 feet wide, excluding mirrors, but no more than 11 feet wide; or

(B) 14 feet high, but no more than 15 feet high;

(7) class F consists of motor vehicles exempt from tolls, including Alaska Railroad Corporation motor vehicles, department-operated motor vehicles, emergency vehicles, law enforcement vehicles, and other motor vehicles as determined to be appropriate by the commissioner for the best interest of the state;

(8) class G consists of government motor vehicles, other than government motor vehicles that fall within class F, and other motor vehicles as determined to be appropriate by the commissioner for the best interest of the state.

(b) Except for motor vehicles in class F and G, a vehicle, including any trailer and any load, with a width or height described in (a)(5) or (a)(6) of this section is classified within class D or class E according to its size, and is excluded from any other otherwise applicable class.

History: Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; am 7/9/2004, Register 171

Authority: AS 19.05.010

AS 19.05.030

AS 19.05.040

AS 19.05.250

AS 19.10.030

AS 19.10.060

AS 44.42.030

 

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.

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

 

17 AAC 38.055. Traffic control devices

The department will, in its discretion, or the department's contractor or agent may, based on safety considerations, restrict passage through the tunnel via posted signs and traffic control devices that limit the number of classes of vehicles, the manner of operation of a vehicle, or the transportation of materials through the tunnel. The driver of a motor vehicle using the tunnel must obey applicable posted signs and traffic control devices.

History: Eff. 6/4/2000, Register 154

Authority:AS 19.05.010

AS 19.05.020

AS 19.05.030

AS 19.10.040

AS 19.10.050

AS 19.10.100

AS 44.42.030

 

17 AAC 38.900. Definitions

In this chapter, unless the context requires otherwise,

(1) "bus" means a motor vehicle designed primarily for and having the capacity to transport 10 or more people including the driver;

(2) "commissioner" means the commissioner of transportation and public facilities;

(3) "department" means the Department of Transportation and Public Facilities;

(4) "gross vehicle weight" means the total weight of a vehicle, or a combination of vehicles, including load and any accumulated snow, ice, mud, rocks, or dirt;

(5) "motor vehicle" means a self-propelled fuel-powered vehicle designed for operation on a highway;

(6) "passenger vehicle" means a motor vehicle designed and used primarily to transport less than 10 people including the driver;

(7) "recreational vehicle" means a vehicle equipped with cooking facilities;

(8) "toll" means a charge or other user fee required to be paid by the public in exchange for the privilege of traveling on, over, or through a highway, road, bridge, tunnel, crossing, or causeway;

(9) "traffic control device" means a light, barrier, arrow, flag, gate, pavement marking, sign, or other indicator used by the department or the department's contractor to designate a traffic pattern or road use restriction;

(10) "trailer" means a vehicle, with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle; "trailer" includes semi-trailers, pole trailers, and towed vehicles;

(11) "truck" means a motor vehicle, including a cargo van or a pickup truck regardless of the number of its passenger seats, designed primarily for the movement of a load; "truck" includes a motor vehicle specifically designed to pull a trailer or semi-trailer;

(12) "tunnel means the Anton Anderson Memorial Tunnel;

(13) "vehicle"

(A) means a device

(i) in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway; and

(ii) registered as required under AS 28.10; and

(B) does not include devices used exclusively upon stationary rails or tracks;

(14) "government motor vehicle" means a vehicle owned or operated by a government agency and on official business; "government motor vehicle" includes a

(A) vehicle owned and operated by a school district and on official business; and

(B) school bus under contract with a school district and on official business.

(15) "truck-tractor" means a self-propelled commercial motor vehicle designed primarily for drawing a trailer that partially rests upon the self-propelled commercial motor vehicle.

History: Eff. 6/4/2000, Register 154; am 6/8/2002, Register 162; am 7/9/2004, Register 171

Authority: AS 19.05.010

AS 19.45.001

AS 44.42.030