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.

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.