Alaska R. Admin. 43.1

As amended through November 12, 2024
Rule 43.1 - Traffic Bail Forfeiture Schedule

Pursuant to AS 28.05.151, the following vehicle and traffic offenses are amenable to disposition without court appearance upon payment and forfeiture of the bail amounts listed. If a person charged with one of these offenses appears in court and is convicted, the penalty imposed for the offense may not exceed the bail amount for that offense listed below.

Effective April 30, 1999, the bail amounts listed below are doubled for violations of AS 28 and regulations adopted under AS 28 committed within a highway work zone, as that term is defined in AS 28.90.990 and 13 AAC 40.010(b). Effective May 27, 2006, the bail amounts listed below are doubled for violations of AS 28 and regulations adopted under AS 28 committed within a traffic safety corridor, as that term is defined in AS 28.90.990.

Pursuant to AS 28.15.131 and 13 AAC 04.008, a citation for an offense listed as "Corr" must be dismissed (or voided) if proof of correction is presented to an inspection official within the time allowed. If the required repair is not made, the offense may be disposed of without court appearance upon payment and forfeiture of the bail amount listed.

Effective August 27, 1998, as a condition of the disposition of an offense without appearance, the defendant shall pay the surcharge prescribed in AS 12.55.039 in addition to the bail forfeiture amount listed below. A court may allow a defendant who is unable to pay the surcharge to perform community work under AS 12.55.055(c) in lieu of the surcharge. The surcharge must be deposited into the general fund in a separate account designated for such surcharges.

Effective September 1, 2003, pursuant to AS 28.05.151(e), an offense listed on this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person.

The maximum bail amount for any of the offenses listed below in which the bail is stated as an amount per mile, per foot, per lamp, per reflector, per tire, or per wheel is the maximum fine allowed by statute for the offense. These maximum amounts are doubled for violations of AS 28 and regulations adopted under AS 28 committed within a highway work zone, as that term is defined in AS 28.90.990 and 13 AAC 40.010(b), or committed within a traffic safety corridor, as that term is defined in AS 28.90.990.

Link to PDF of Traffic Bail Forfeiture Schedule (as amended through 7/9/19)

Alaska R. Admin. 43.1

Adopted by SCO 775 effective 1/1/1987; amended by SCO 910 effective September 15 1988; by SCO 944 effective 9/30/1988; by SCO 1047 effective nunc pro tunc9/12/1990; by SCO 1151 effective 2/1/1994; by SCO 1215 effective 7/15/1995; by SCO 1328 effective 7/15/1998; by SCO 1347 effective 8/27/1998; by SCO 13524/30/1999; by SCO 1363 effective 7/30/1999; by SCO 1406 effective 10/15/2000; by SCO 1495 effective 11/8/2002; by SCO 1530 effective nunc pro tunc to9/1/2003; by SCO 1531 effective 11/5/2003; by SCO 1542 effective 12/5/2003; by SCO 1550 effective 7/1/2004; by SCO 1585 effective 8/15/2005; by SCO 1619 effective nunc pro tunc to5/27/2006; by SCO 1634 effective 12/20/2006; and by SCO 1678 effective 9/2/2008; amended by SCO 1805 effective 10/15/2013; amended by SCO 1888 effective nunc pro tunc to7/1/2016; amended by SCO 1949 effective nunc pro tunc to 7/9/2019; amended by SCO 2023 effective 6/26/2024.

The list of Statutes and Regulations, Offense Description and Bail amount for Rule 43.1 is available in PDF format, and in the printed Alaska Rules of Court, which is available at all Alaska State Court Law Library branches.

Note to SCO 1215: The surcharge requirement was added by §§ 2 and 5, ch. 119 SLA 1994, adopting AS 12.55.039 and AS 28.05.151(c). This order is made for the sole reason that the legislature has mandated the amendments.

Note to SCO 1352: The requirement that the bail amount for offenses committed within a highway work zone be doubled was added by §§ 1 and 2, ch. 64 SLA 1998, adopting AS 28.05.151(d) and AS 28.40.070. This order is made for the sole reason that the legislature has mandated the amendment.

Note to SCO 1530: The requirement that a mandatory court appearance is necessary if an offense is connected to a fatal motor vehicle accident was added by 1 and 3, ch. 89 SLA 2003, adopting AS 28.05.151(e). This order is made for the sole reason that the legislature has mandated the amendment.

Note to SCO 1619: The requirement that the bail amount for offenses committed within a traffic safety corridor be doubled was added by §§ 2 and 4, chapter 45 SLA 2006, amending AS 28.05.151(d) and AS 28.40.070. This order is made for the sole reason that the legislature has mandated the amendment.