28-101

28-101. Definitions

In this title, unless the context otherwise requires:

1. "Alcohol" means any substance containing any form of alcohol, including ethanol,
methanol, propynol and isopropynol.

2. "Alcohol concentration" if expressed as a percentage means either:

(a) The number of grams of alcohol per one hundred milliliters of blood.

(b) The number of grams of alcohol per two hundred ten liters of breath.

3. "All-terrain vehicle" means a motor vehicle that satisfies all of the following:

(a) Is designed primarily for recreational nonhighway all-terrain travel.

(b) Is fifty or fewer inches in width.

(d) Travels on three or more low pressure tires.

(e) Has a seat to be straddled by the operator and handlebars for steering control.

(f) Is operated on a public highway.

4. "Authorized emergency vehicle" means any of the following:

(a) A fire department vehicle.

(b) A police vehicle.

(c) An ambulance or emergency vehicle of a municipal department or public service
corporation that is designated or authorized by the department or a local authority.

(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the
department in its sole discretion and that meets liability insurance requirements
prescribed by the department.

5. "Aviation fuel" means all flammable liquids composed of a mixture of selected
hydrocarbons expressly manufactured and blended for the purpose of effectively and
efficiently operating an internal combustion engine for use in an aircraft but does not
include fuel for jet or turbine powered aircraft.

6. "Bicycle" means a device, including a racing wheelchair, that is propelled by
human power and on which a person may ride and that has either:

(a) Two tandem wheels, either of which is more than sixteen inches in diameter.

(b) Three wheels in contact with the ground, any of which is more than sixteen
inches in diameter.

7. "Board" means the transportation board.

8. "Bus" means a motor vehicle designed for carrying sixteen or more passengers,
including the driver.

9. "Business district" means the territory contiguous to and including a highway if
there are buildings in use for business or industrial purposes within any six hundred
feet along the highway, including hotels, banks or office buildings, railroad stations
and public buildings that occupy at least three hundred feet of frontage on one side or
three hundred feet collectively on both sides of the highway.

10. "Combination of vehicles" means a truck or truck tractor and semitrailer and any
trailer that it tows but does not include a forklift designed for the purpose of loading
or unloading the truck, trailer or semitrailer.

11. "Controlled substance" means a substance so classified under section 102(6) of
the controlled substances act (21 United States Code section 802(6)) and includes all
substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.

12. "Conviction" means:

(a) An unvacated adjudication of guilt or a determination that a person violated or
failed to comply with the law in a court of original jurisdiction or by an authorized
administrative tribunal.

(b) An unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court.

(d) The payment of a fine or court costs.

13. "County highway" means a public road constructed and maintained by a county.

14. "Dealer" means a person who is engaged in the business of buying, selling or
exchanging motor vehicles, trailers or semitrailers and who has an established place of
business.

15. "Department" means the department of transportation acting directly or through
its duly authorized officers and agents.

16. "Director" means the director of the department of transportation.

17. "Drive" means to operate or be in actual physical control of a motor vehicle.

18. "Driver" means a person who drives or is in actual physical control of a
vehicle.

19. "Driver license" means a license that is issued by a state to an individual and
that authorizes the individual to drive a motor vehicle.

20. "Electric personal assistive mobility device" means a self-balancing two
nontandem wheeled device with an electric propulsion system that limits the maximum speed
of the device to fifteen miles per hour or less and that is designed to transport only
one person.

21. "Farm" means any lands primarily used for agriculture production.

22. "Farm tractor" means a motor vehicle designed and used primarily as a farm
implement for drawing implements of husbandry.

23. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought
into this state other than in the ordinary course of business by or through a
manufacturer or dealer and that has not been registered in this state.

24. "Golf cart" means a motor vehicle that has not less than three wheels in contact
with the ground, that has an unladen weight of less than one thousand eight hundred
pounds, that is designed to be and is operated at not more than twenty-five miles per
hour and that is designed to carry not more than four persons including the driver.

25. "Hazardous material" means a material, and its mixtures or solutions, that the
United States department of transportation determines under 49 Code of Federal
Regulations is, or any quantity of a material listed as a select agent or toxin under 42
Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to
health, safety and property if transported in commerce and that is required to be
placarded or marked as required by the department's safety rules prescribed pursuant to
chapter 14 of this title.

26. "Implement of husbandry" means a vehicle designed primarily for agricultural
purposes and used exclusively in the conduct of agricultural operations, including an
implement or vehicle whether self-propelled or otherwise that meets both of the following
conditions:

(a) Is used solely for agricultural purposes including the preparation or
harvesting of cotton, alfalfa, grains and other farm crops.

(b) Is only incidentally operated or moved on a highway whether as a trailer or
self-propelled unit. For the purposes of this paragraph, "incidentally operated or moved
on a highway" means travel between a farm and another part of the same farm, from one
farm to another farm or a farm and a place of repair, supply or storage.

27. "Limousine" means a motor vehicle providing prearranged ground transportation
service for an individual passenger, or a group of passengers, that is arranged in
advance or is operated on a regular route or between specified points and includes ground
transportation under a contract or agreement for services that includes a fixed rate or
time and is provided in a motor vehicle with a seating capacity not exceeding fifteen
passengers including the driver.

28. "Livery vehicle" means a motor vehicle that:

(a) Has a seating capacity not exceeding fifteen passengers including the driver.

(b) Provides passenger services for a fare determined by a flat rate or flat hourly
rate between geographic zones or within a geographic area.

(d) May do any of the following:

(i) Operate on a regular route or between specified places.

(ii) Offer prearranged ground transportation service as defined in section 28-141.

(iii) Offer on demand ground transportation service pursuant to a contract with a
public airport, licensed business entity or organization.

29. "Local authority" means any county, municipal or other local board or body
exercising jurisdiction over highways under the constitution and laws of this state.

30. "Manufacturer" means a person engaged in the business of manufacturing motor
vehicles, trailers or semitrailers.

31. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has
a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of
one and one-half or less and a maximum speed of twenty-five miles per hour or less on a
flat surface with less than a one per cent grade.

32. "Motor driven cycle" means a motorcycle, including every motor scooter, with a
motor that produces not more than five horsepower.

33. "Motor vehicle":

(a) Means either:

(i) A self-propelled vehicle.

(ii) For the purposes of the laws relating to the imposition of a tax on motor
vehicle fuel, a vehicle that is operated on the highways of this state and that is
propelled by the use of motor vehicle fuel.

(b) Does not include a motorized wheelchair, an electric personal assistive
mobility device or a motorized skateboard. For the purposes of this subdivision:

(i) "Motorized skateboard" means a self-propelled device that has a motor, a deck
on which a person may ride and at least two tandem wheels in contact with the ground.

(ii) "Motorized wheelchair" means a self-propelled wheelchair that is used by a
person for mobility.

34. "Motor vehicle fuel" includes all products that are commonly or commercially
known or sold as gasoline, including casinghead gasoline, natural gasoline and all
flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly
manufactured and blended for the purpose of effectively and efficiently operating
internal combustion engines. Motor vehicle fuel does not include inflammable liquids that
are specifically manufactured for racing motor vehicles and that are distributed for and
used by racing motor vehicles at a racetrack, use fuel as defined in section 28-5601,
aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the
interface of two different substances being transported through a pipeline, commonly
known as transmix.

35. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the
rider and that is designed to travel on not more than three wheels in contact with the
ground but excluding a tractor and a moped.

36. "Neighborhood electric vehicle" means a self-propelled electrically powered
motor vehicle to which all of the following apply:

(a) The vehicle is emission free.

(b) The vehicle has at least four wheels in contact with the ground.

(c) The vehicle complies with the definition and standards for low speed vehicles
set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations
sections 571.3(b) and 571.500, respectively.

37. "Nonresident" means a person who is not a resident of this state as defined in
section 28-2001.

38. "Off-road recreational motor vehicle" means a motor vehicle that is designed
primarily for recreational nonhighway all-terrain travel and that is not operated on a
public highway. Off-road recreational motor vehicle does not mean a motor vehicle used
for construction, building trade, mining or agricultural purposes.

39. "Operator" means a person who drives a motor vehicle on a highway, who is in
actual physical control of a motor vehicle on a highway or who is exercising control over
or steering a vehicle being towed by a motor vehicle.

40. "Owner" means:

(a) A person who holds the legal title of a vehicle.

(b) If a vehicle is the subject of an agreement for the conditional sale or lease
with the right of purchase on performance of the conditions stated in the agreement and
with an immediate right of possession vested in the conditional vendee or lessee, the
conditional vendee or lessee.

41. "Pedestrian" means any person afoot. A person who uses an electric personal
assistive mobility device or a manual or motorized wheelchair is considered a pedestrian
unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph,
"motorized wheelchair" means a self-propelled wheelchair that is used by a person for
mobility.

42. "Power sweeper" means an implement, with or without motive power, that is only
incidentally operated or moved on a street or highway and that is designed for the
removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative
air system from asphaltic concrete or cement concrete surfaces, including parking lots,
highways, streets and warehouses, and a vehicle on which the implement is permanently
mounted.

43. "Public transit" means the transportation of passengers on scheduled routes by
means of a conveyance on an individual passenger fare-paying basis excluding
transportation by a sight-seeing bus, school bus or taxi or a vehicle not operated on a
scheduled route basis.

44. "Reconstructed vehicle" means a vehicle that has been assembled or constructed
largely by means of essential parts, new or used, derived from vehicles or makes of
vehicles of various names, models and types or that, if originally otherwise constructed,
has been materially altered by the removal of essential parts or by the addition or
substitution of essential parts, new or used, derived from other vehicles or makes of
vehicles. For the purposes of this paragraph, "essential parts" means integral and body
parts, the removal, alteration or substitution of which will tend to conceal the identity
or substantially alter the appearance of the vehicle.

45. "Residence district" means the territory contiguous to and including a highway
not comprising a business district if the property on the highway for a distance of three
hundred feet or more is in the main improved with residences or residences and buildings
in use for business.

46. "Right-of-way" when used within the context of the regulation of the movement of
traffic on a highway means the privilege of the immediate use of the highway.
Right-of-way when used within the context of the real property on which transportation
facilities and appurtenances to the facilities are constructed or maintained means the
lands or interest in lands within the right-of-way boundaries.

47. "School bus" means a motor vehicle that is designed for carrying more than ten
passengers and that is either:

(a) Owned by any public or governmental agency or other institution and operated
for the transportation of children to or from home or school on a regularly scheduled
basis.

(b) Privately owned and operated for compensation for the transportation of
children to or from home or school on a regularly scheduled basis.

48. "Semitrailer" means a vehicle that is with or without motive power, other than a
pole trailer, that is designed for carrying persons or property and for being drawn by a
motor vehicle and that is constructed so that some part of its weight and that of its
load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole
trailer" has the same meaning prescribed in section 28-601.

49. "State" means a state of the United States and the District of Columbia.

50. "State highway" means a state route or portion of a state route that is accepted
and designated by the board as a state highway and that is maintained by the state.

51. "State route" means a right-of-way whether actually used as a highway or not
that is designated by the board as a location for the construction of a state highway.

52. "Street" or "highway" means the entire width between the boundary lines of every
way if a part of the way is open to the use of the public for purposes of vehicular
travel.

53. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen
passengers, including the driver, that is registered as a taxi in this state or any other
state, that provides passenger services and that:

(a) Does not operate on a regular route or between specified places.

(b) Offers local transportation for a fare determined primarily on the basis of the
distance traveled.

54. "Trailer" means a vehicle that is with or without motive power, other than a
pole trailer, that is designed for carrying persons or property and for being drawn by a
motor vehicle and that is constructed so that no part of its weight rests on the towing
vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is
deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same
meaning prescribed in section 28-601.

55. "Truck" means a motor vehicle designed or used primarily for the carrying of
property other than the effects of the driver or passengers and includes a motor vehicle
to which has been added a box, a platform or other equipment for such carrying.

56. "Truck tractor" means a motor vehicle that is designed and used primarily for
drawing other vehicles and that is not constructed to carry a load other than a part of
the weight of the vehicle and load drawn.

57. "Vehicle" means a device in, on or by which a person or property is or may be
transported or drawn on a public highway, excluding devices moved by human power or used
exclusively on stationary rails or tracks.

58. "Vehicle transporter" means either:

(a) A truck tractor capable of carrying a load and drawing a semitrailer.

(b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load
and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is
securely fastened to the truck tractor at two or more points and that is capable of
carrying a load and drawing a semitrailer.