Busby v. State

40 P.3d 807, 2002 Alas. App. LEXIS 22, 2002 WL 126929
CourtCourt of Appeals of Alaska
DecidedFebruary 1, 2002
DocketA-7527
StatusPublished
Cited by11 cases

This text of 40 P.3d 807 (Busby v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Busby v. State, 40 P.3d 807, 2002 Alas. App. LEXIS 22, 2002 WL 126929 (Ala. Ct. App. 2002).

Opinion

OPINION

MANNHEIMER, Judge.

Thomas Busby is a former Alaska resident whose driver's license was revoked while he was living here. Busby later moved to Nicaragua, where he obtained an international driving permit under the provisions of the United Nations Convention on Road Traffic.

The United Nations Convention on Road Traffic is a multi-national treaty governing non-commercial international vehicular traffic. In Chapter V of this treaty, the signatory countries agree to grant reciprocal recognition to driver's licenses issued by the other signatory countries-although the countries can require that foreign drivers obtain and carry an "international driving permit" that is organized and printed in conformity to a model prescribed in an appendix to the Convention. Busby obtained such a permit while living in Nicaragua.

*809 In 1998, Busby drove from Central America to Alaska. On October 28th, a state trooper stopped him outside of Talkeetna for a traffic violation. During the stop, the trooper discovered that Busby's Alaska driver's license was revoked, so Busby was charged with (and subsequently convicted of) the misdemeanor of driving while his license was revoked, AS 28.15.291(a).

Busby asserts that even though his Alaska driver's license was revoked, he was still entitled to drive in Alaska because he had the international driving permit. But as we explain in more detail below, the Convention on Road Traffic does not preclude the State of Alaska from enforcing license revocations imposed under Alaska law. Signatory countries retain the authority to enforce their traffic laws, to take action against the licenses of motorists who violate those laws, and to forbid a motorist from driving within their territory if the motorist's privilege to drive has been suspended or revoked.

The Convention does forbid a signatory country (or subsidiary state) from imposing or enforcing license revocations in a manner that discriminates against residents of other signatory countries. But Busby does not claim that he was the victim of such discrimination. Busby's license was revoked for conduct that would have led to license revocation if committed by an Alaska resident. (Indeed, Busby's license was revoked while he was an Alaska resident.) And Busby does not claim that he was singled out for prosecution because he was a resident of a foreign country-ie., that the State would not have charged him with the offense of driving with a revoked license if he had still been an Alaska resident.

For these reasons, we uphold the State of Alaska's authority to prosecute Busby for driving while his license was revoked.

General description of the 1949 United Nations Convention on Road Traffic

To "promot[e] the development and safety of international road traffic", the United Nations drafted a Convention on Road Traffic to regulate non-commercial vehicular traffic moving between countries. 1 (In this opinion, certain pertinent provisions of the Convention are quoted verbatim. The full text of the Convention is found in United States Treaties and Other International Agreements, Vol. 3, Part 3, pp. 8010-8021.)

The United States has signed the Convention on Road Traffic. The Convention is therefore part of our federal law, and the provisions of the Convention supersede any contrary state law. 2

According to Article 1, Section 1 of the Convention, each signatory country "reserves] its jurisdiction over the use of its own roads" but "agrees to the use of its roads ... under the conditions set out in [the] Convention". The Convention governs several aspects of international vehicular travel, from road signs to license plates to red reflectors on the back of cycles 3 Bus *810 by's case requires us to construe Chapter V of the Convention (Articles 24 and 25), the chapter dealing with international driving permits. The particular point of contention is the proper interpretation of Article 24, Section 5.

The dispute concerning the meaning of Article 24, Section 5

Article 24, Section 1 requires each signatory country to recognize the driver's licenses issued by other signatory countries. Section 1 declares that if a driver "holds a valid driving permit issued ... by the competent authority of another [signatory] State or subdivision thereof", each signatory country

. shall allow [the] driver ... to drive on its roads[,] without further examination, all} motor vehicles of the category or categories ... for which the permit has been issued.

This obligation is modified slightly by Section 2, which allows signatory states to require drivers licensed in other countries to "carry an international driving permit conforming to the model [set forth] in [AJnnex 10" to the Convention. But Section 3 requires signatory states to issue international driving permits to all drivers who apply for them (assuming the driver demonstrates the required driving competency).

As noted above, Busby received an international driving permit from the government of Nicaragua, and this permit was in force when Busby was stopped in Alaska and charged with driving with a revoked license. Busby contends that the State of Alaska was obliged to honor his international driving permit even though his Alaska driver's license was revoked.

Busby's argument appears to falter on Article 24, Section 5 of the Convention on Road Traffic. This provision gives each signatory country (and its political subdivisions, such as the State of Alaska) a limited power to withdraw a driver's right to use an international driving permit on its roads. Article 24, Seetion 5 declares:

A [signatory] State or a subdivision thereof may withdraw from the driver the right to use either [an international driving permit or a driving permit issued directly by another signatory country] only if the driver has committed a driving offence [sic: the Convention uses the British spelling] of such a nature as would entail the forfeiture of his driving permit under the legislation and regulations of that [signatory] State....

That is, each country has the authority to refuse to honor an international driving permit if the permit-holder has committed an offense that would entail the loss of driving privileges if committed by a resident of that country. Section 5 then continues:

[When the holder of an international driving permit has committed a driving offense of this nature], the [signatory] State or subdivision thereof withdrawing the use of the permit may withdraw and retain the permit until the period of the withdrawal of use expires or until the [permit-Jholder leaves the territory of the [signatory] State, whichever is the earlier....

In other words, a signatory country (or a political subdivision within that country) has the authority to "withdraw and retain" a person's international driving permit until the period of license suspension or revocation imposed by that country or political subdivision expires, or until the person leaves the territory of that country or political subdivision.

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Bluebook (online)
40 P.3d 807, 2002 Alas. App. LEXIS 22, 2002 WL 126929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/busby-v-state-alaskactapp-2002.