28-3001. Definitions


In this chapter, unless the context otherwise requires:


1. "Cancellation" means the annulment or termination of a driver license because of
an error or defect or because the licensee is no longer entitled to the license.


2. "Commercial driver license" means a license that is issued to an individual and
that authorizes the individual to operate a class of commercial motor vehicles.


3. "Commercial motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor vehicle either:


(a) Has a gross combined weight rating of twenty-six thousand one or more pounds
inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand
pounds.


(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.


(c) Is a school bus.


(d) Is a bus.


(e) Is used in the transportation of materials found to be hazardous for the
purposes of the hazardous materials transportation act (49 United States Code sections
5101 through 5127) and is required to be placarded under 49 Code of Federal Regulations
section 172.504, as adopted by the department pursuant to chapter 14 of this title.


4. "Conviction" has the same meaning prescribed in section 28-101 and also means a
final conviction or judgment, including an order of a juvenile court finding that a
juvenile has violated a provision of this title or has committed a delinquent act that if
committed by an adult constitutes any of the following:


(a) Criminal damage to property pursuant to section 13-1602, subsection A,
paragraph 1.


(b) A felony offense in the commission of which a motor vehicle was used, including
theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of
transportation pursuant to section 13-1803 or theft of means of transportation pursuant
to section 13-1814.


(c) A forfeiture of bail or collateral deposited to secure a defendant's appearance
in court that has not been vacated.


5. "Disqualification" means a prohibition from obtaining a commercial driver
license or driving a commercial motor vehicle.


6. "Employer" means a person, including the United States, a state or a political
subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a
person to operate a commercial motor vehicle.


7. "Endorsement" means an authorization that is added to an individual's driver
license and that is required to permit the individual to operate certain types of
vehicles.


8. "Foreign" means outside the United States.


9. "Gross vehicle weight rating" means the weight that is assigned by the vehicle
manufacturer to a vehicle and that represents the maximum recommended total weight
including the vehicle and the load for the vehicle.


10. "Judgment" means a final judgment and any of the following:


(a) The finding by a court that an individual is responsible for a civil traffic
violation.


(b) An individual's admission of responsibility for a civil traffic violation.


(c) The voluntary or involuntary forfeiture of deposit in connection with a civil
traffic violation.


(d) A default judgment entered by a court pursuant to section 28-1596.


11. "License class" means, for the purpose of determining the appropriate class of
driver license required for the type of motor vehicle or vehicle combination a driver
intends to operate or is operating, the class of driver license prescribed in section
28-3101.


12. "Nonresident commercial driver license" means a commercial driver license issued
to an individual domiciled in a foreign country.


13. "Original applicant" means any of the following:


(a) An applicant who has never been licensed or cannot provide evidence of
licensing.


(b) An applicant who is applying for a higher class of driver license than the
license currently held by the applicant.


(c) An applicant who has a license from a foreign country.


14. "Revocation" means that the driver license and driver's privilege to drive a
motor vehicle on the public highways of this state are terminated and shall not be
renewed or restored, except that an application for a new license may be presented and
acted on by the department after one year from the date of revocation.


15. "State of domicile" means the state or jurisdiction where a person has the
person's true, fixed and permanent home and principal residence and to which the person
has the intention of returning after an absence.


16. "Suspension" means that the driver license and driver's privilege to drive a
motor vehicle on the public highways of this state are temporarily withdrawn during the
period of the suspension and until application for reinstatement is made.


17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten
thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight
rating is more than twenty-six thousand pounds.