28-5201. Definitions
(L08, Ch. 142, sec. 9)
In this chapter, unless the context otherwise requires:
1. "Gross weight" has the same meaning prescribed in section 28-5431.
2. "Hazardous material" means a substance that has been determined by the United
States department of transportation under 49 Code of Federal Regulations to be capable of
posing an unreasonable risk to health, safety and property if transported in commerce.
3. "Hazardous substance" means a material and its mixtures or solutions that has
been determined by the United States department of transportation under 49 Code of
Federal Regulations to be capable of posing an unreasonable risk to health, safety and
property if transported in commerce.
4. "Hazardous waste" means a material that is subject to the hazardous waste
manifest requirements of the department of environmental quality or the United States
environmental protection agency.
5. "Lightweight motor vehicle" means a motor vehicle or vehicle combination that
has a gross vehicle weight rating of eighteen thousand pounds or less except:
(a) A motor vehicle that is used to transport passengers for hire.
(b) A motor vehicle that is used to transport hazardous materials, hazardous
substances or hazardous wastes and that is required by the department to be marked or
placarded.
6. "Manufacturer" means a person who transports or causes to be transported or
shipped by a motor vehicle or lightweight motor vehicle a hazardous material, hazardous
substance or hazardous waste or who manufactures, fabricates, marks, maintains,
reconditions, repairs or tests a package or container that is represented, marked,
certified or sold by a person for use in the transportation in commerce of hazardous
materials, hazardous substances or hazardous wastes.
7. "Motor carrier" means a person who operates or causes to be operated a motor
vehicle on a public highway.
8. "Motor vehicle" means a self-propelled motor driven vehicle or vehicle
combination, except a lightweight motor vehicle, that is used on a public highway in the
furtherance of a commercial enterprise.
9. "Person" means a public or private corporation, company, partnership, firm,
association or society of persons, the federal government and its departments or
agencies, this state or any of its agencies, departments, political subdivisions,
counties, towns or municipal corporations or a natural person.
10. "Public highway" means a public street, alley, road, highway or thoroughfare of
any kind in this state that is used by the public or that is open to the use of the
public as a matter of right, for the purpose of vehicular travel.
11. "Shipper" means a person who offers a hazardous waste, hazardous substance or
hazardous material for motor vehicle transportation in commerce.
12. "Transportation" means a movement of person or property by a motor vehicle and
any loading, unloading or storage incidental to the movement.
13. "Vehicle combination" has the same meaning prescribed in section 28-5431.
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