22.0212 Applicability-Point assignment for accidents and violations.

Cite as [A.S.A.C. § 22.0212]

(a) This section applies only to the following kinds of private motor vehicles:

(1) Four-wheel motor vehicles of the passenger, station wagon, or jeep types;

(2) Four-wheel motor vehicles of the pickup or other truck type with a load capacity of 1,500 pounds or less not used for business or commercial purposes other than farming; or

(3) Motorcycles and motorbikes.

(b) Points shall be assigned for violations for which the applicant or any operator of the motor vehicle currently resident in the same household has been convicted during the experience period.

(1) Three points shall be assigned for conviction of:

(A) driving while intoxicated or under the influence of drugs; or

(B) failure to stop and report when involved in an accident; or

(C) homicide or assault arising out of the operation of a motor vehicle; or

(D) driving during a period while license is suspended or revoked.

(2) Two points shall be assigned for the accumulation of 12 points under the territorial point system established by 22.0213.

(3) One point shall be assigned for conviction of any other moving traffic violation as a result of which an operator’s license was suspended or revoked.

(c) One point shall be assigned for each motor vehicle accident during the experience period involving the applicant, or any operator or the motor vehicle currently resident in the same household, resulting in damage to any property, including his own, in excess of $200 or in bodily injury or death. One point shall be assigned, if, during the experience period, there were 2 or more accidents, each of which resulted in damage to property .of $200 or less. No points shall be assigned under the applicant’s policy for accidents incurred by an operator demonstrated to be a named insured or principal operator of an automobile insured under a separate policy, or for accidents if the insured demonstrates that the accident occurred under the following, circumstances:

(1) The motor vehicle was lawfully parked (a motor vehicle rolling from a parked position shall be considered as the operation of the last operator); or

(2) The applicant or another operator residing in the same household, or owner, was reimbursed by or on behalf of a person responsible for the accident or has judgment against such person; or

(3) The motor vehicle of an applicant or other operator resident in the same household was struck in the rear by another vehicle, and the applicant or other resident operator has not been convicted of a moving traffic violation in connection with the accident; or

(4) The operator of the other motor vehicle involved in such accident was convicted of a moving traffic violation and the applicant or other operator resident in the same household was not convicted of a moving traffic violation in connection therewith; or

(5) The motor vehicle operated by the applicant or other operator resident in the same household was damaged by a “hit-and-run” driver, if applicant or other operator so reported the accident to proper authority within 24 hours; or

(6) An accident involving damage by contact with animals or fowl; or

(7) Accidents involving physical damage limited to and caused by flying gravel, missiles, or falling objects; or

(8) An accident occurring as a result of the operation of any motor vehicle in response to an emergency, if the operator, at the time of the accident, was responding to a call to duty as a paid or volunteer member of any fire department first aid squad, or law enforcement agency.

(d) The experience period shall be the 3 years immediately preceding the date of application or the preparation of the renewal.

(e) For purposes of this article, operators currently resident in the same household as the applicant shall include all persons, whether or not related by blood, who are living in the same housing unit or are living in other housing units on contiguous land of his family.

History: Rule 5-75, eff 28 Jun 78, § 3.