Alaska Statutes
Alaska Stat. § 28.40.100 (2026)
[Renumbered as
✓ current as of July 2026
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Notes of Decisions
Cited in 16
cases, 1985–2006 · leading case: Burton v. State Farm Fire & Cas. Co., 796 P.2d 1361 (Alaska 1990).
Burton v. State Farm Fire & Cas. Co., 796 P.2d 1361 (Alaska 1990). “Alaska's legislature has not seen fit to amend AS 28.40.100(17) to follow the California statute.”
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “See former AS 28.40.100(a)(22). Thus, by arguing that the MVSRA is inapplicable to this ease and suggesting that the ease is instead governed by the AMAIA, Progressive seeks application of essentially the same reduction coverage originally reflected in AS 28.”
Williams v. State, 884 P.2d 167 (Alaska Ct. App. 1994). “Williams next argues that, because his car could not be started, it was no longer a “motor vehicle” within the meaning of AS 28.40.100(a)(12). That statute declares that the term “motor vehicle” means “a vehicle which is self-propelled except a vehicle moved by human or animal…”
Conkey v. State, Dep't of Admin., Div. of Motor Vehs., 113 P.3d 1235 (Alaska 2005). “030(a) and AS 28.40.100(a)(7);[ 9 ] We find this reasoning persuasive given the comparable facts and dangers in this case, and thus hold that Conkey’s snowmobile was a “motor vehicle,” regardless of the inoperability of its engine at the time of his arrest.”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “This definition is expanded by AS 28.40.100(a)(7), which specifies that the term "driver" includes "a person who .”
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). “[Those] things would not change if the bill passes.” . At that time, the definition of "highway” was found in AS 28.”
State v. Benolken, 838 P.2d 280 (Alaska Ct. App. 1992). “] AS 28.40.100(a)(17) provides: "vehicle" means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks[.”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “Moreover, AS 28.40.100(8)-part of the "domestic legislation" of Alaska-declares that the term "driver's license" means "[a person's] privilege to drive or obtain a license to drive .”
State, Dep't of Pub. Saf., Div. of Motor Vehs. v. Conley, 754 P.2d 232 (Alaska 1988). “However, AS 28.40.100(a)(4) defines “driver” as “a person who drives or is in actual physical control of a vehicle.”
Conner v. State, 696 P.2d 680 (Alaska Ct. App. 1985). “260(a)(18), in effect at the time of Conner's offense, has been superseded by AS 28.40.100(a)(19). We note that both statutes are identical.”
Fielding v. State, 842 P.2d 614 (Alaska Ct. App. 1992). “Evidence Rule 203(c) provides in pertinent part that when a court takes judicial notice of a fact “[i]n a criminal case the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.”
Kingsley v. State, 11 P.3d 1001 (Alaska Ct. App. 2000). “See also AS 28.40.100(a)(7), which defines "driver" as "a person who drives or is in actual physical control of a vehicle".”
— Alaska Stat. § 28.40.100(10) — 1 case
Fielding v. State, 842 P.2d 614 (Alaska Ct. App. 1992). “Evidence Rule 203(c) provides in pertinent part that when a court takes judicial notice of a fact “[i]n a criminal case the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.”
— Alaska Stat. § 28.40.100(11) — 1 case
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). “[Those] things would not change if the bill passes.” . At that time, the definition of "highway” was found in AS 28.”
— Alaska Stat. § 28.40.100(12) — 1 case
Stevens v. State, 135 P.3d 688 (Alaska Ct. App. 2006). “[Those] things would not change if the bill passes.” . At that time, the definition of "highway” was found in AS 28.”
— Alaska Stat. § 28.40.100(13) — 1 case
State v. Robertson, 749 P.2d 902 (Alaska Ct. App. 1988).
— Alaska Stat. § 28.40.100(17) — 1 case
Burton v. State Farm Fire & Cas. Co., 796 P.2d 1361 (Alaska 1990). “Alaska's legislature has not seen fit to amend AS 28.40.100(17) to follow the California statute.”
— Alaska Stat. § 28.40.100(8) — 1 case
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “Moreover, AS 28.40.100(8)-part of the "domestic legislation" of Alaska-declares that the term "driver's license" means "[a person's] privilege to drive or obtain a license to drive .”
— Alaska Stat. § 28.40.100(a)(12) — 1 case
Williams v. State, 884 P.2d 167 (Alaska Ct. App. 1994). “Williams next argues that, because his car could not be started, it was no longer a “motor vehicle” within the meaning of AS 28.40.100(a)(12). That statute declares that the term “motor vehicle” means “a vehicle which is self-propelled except a vehicle moved by human or animal…”
— Alaska Stat. § 28.40.100(a)(16) — 1 case
Burton v. State Farm Fire & Cas. Co., 796 P.2d 1361 (Alaska 1990). “Alaska's legislature has not seen fit to amend AS 28.40.100(17) to follow the California statute.”
— Alaska Stat. § 28.40.100(a)(17) — 2 cases
Burton v. State Farm Fire & Cas. Co., 796 P.2d 1361 (Alaska 1990). “Alaska's legislature has not seen fit to amend AS 28.40.100(17) to follow the California statute.”
State v. Benolken, 838 P.2d 280 (Alaska Ct. App. 1992). “] AS 28.40.100(a)(17) provides: "vehicle" means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks[.”
— Alaska Stat. § 28.40.100(a)(19) — 2 cases
Conner v. State, 696 P.2d 680 (Alaska Ct. App. 1985). “260(a)(18), in effect at the time of Conner's offense, has been superseded by AS 28.40.100(a)(19). We note that both statutes are identical.”
Caulkins v. State, Dep't of Pub. Saf., 743 P.2d 366 (Alaska 1987).
— Alaska Stat. § 28.40.100(a)(22) — 1 case
Progressive Ins. Co. v. Simmons, 953 P.2d 510 (Alaska 1998). “See former AS 28.40.100(a)(22). Thus, by arguing that the MVSRA is inapplicable to this ease and suggesting that the ease is instead governed by the AMAIA, Progressive seeks application of essentially the same reduction coverage originally reflected in AS 28.”
— Alaska Stat. § 28.40.100(a)(4) — 2 cases
State, Dep't of Pub. Saf., Div. of Motor Vehs. v. Conley, 754 P.2d 232 (Alaska 1988). “However, AS 28.40.100(a)(4) defines “driver” as “a person who drives or is in actual physical control of a vehicle.”
Mezak v. State, 877 P.2d 1307 (Alaska Ct. App. 1994).
— Alaska Stat. § 28.40.100(a)(7) — 7 cases
Conkey v. State, Dep't of Admin., Div. of Motor Vehs., 113 P.3d 1235 (Alaska 2005). “030(a) and AS 28.40.100(a)(7);[ 9 ] We find this reasoning persuasive given the comparable facts and dangers in this case, and thus hold that Conkey’s snowmobile was a “motor vehicle,” regardless of the inoperability of its engine at the time of his arrest.”
Williams v. State, 884 P.2d 167 (Alaska Ct. App. 1994). “Williams next argues that, because his car could not be started, it was no longer a “motor vehicle” within the meaning of AS 28.40.100(a)(12). That statute declares that the term “motor vehicle” means “a vehicle which is self-propelled except a vehicle moved by human or animal…”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “This definition is expanded by AS 28.40.100(a)(7), which specifies that the term "driver" includes "a person who .”
Kingsley v. State, 11 P.3d 1001 (Alaska Ct. App. 2000). “See also AS 28.40.100(a)(7), which defines "driver" as "a person who drives or is in actual physical control of a vehicle".”
State v. Benolken, 838 P.2d 280 (Alaska Ct. App. 1992). “] AS 28.40.100(a)(17) provides: "vehicle" means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks[.”
— Alaska Stat. § 28.40.100(a)(8) — 1 case
State v. Benolken, 838 P.2d 280 (Alaska Ct. App. 1992). “] AS 28.40.100(a)(17) provides: "vehicle" means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks[.”
— Alaska Stat. § 28.40.100(a)(9) — 1 case
State v. Benolken, 838 P.2d 280 (Alaska Ct. App. 1992). “] AS 28.40.100(a)(17) provides: "vehicle" means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area except devices used exclusively upon stationary rails or tracks[.”
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