PART
XIII.  COMMERCIAL DRIVER LICENSING



 



§286-231  Definitions.  As used in this
part unless the context otherwise requires:



"Disqualification" means any of the
following three actions:



(1)  The suspension, revocation, or cancellation of a
commercial driver's license by the state or jurisdiction of issuance;



(2)  Any withdrawal of a person's privileges to drive
a commercial motor vehicle by a state or other jurisdiction as the result of a
violation of state or local law relating to motor vehicle traffic control
(other than parking, vehicle weight, or vehicle defect violations); or



(3)  A determination by the Federal Motor Carrier
Safety Administration that a person is not qualified to operate a commercial
motor vehicle under Title 49, Code of Federal Regulations Part 391.



"Driving a commercial motor vehicle while
under the influence of an intoxicant" means committing any one or more of
the following acts in a commercial motor vehicle:



(1)  Driving a commercial motor vehicle while the
person's alcohol concentration is 0.04 per cent or more by weight;



(2)  Driving under the influence of an intoxicant
pursuant to section 291E-61; or



(3)  Refusing to undergo such testing as required by
any state or jurisdiction in the enforcement of Section 383.51(b) or 392.5(a)(2)
of Title 49, Code of Federal Regulations.



"Employer" means any person,
including the United States, a state or a political subdivision of a state, who
owns or leases a commercial motor vehicle or assigns a person to drive a
commercial motor vehicle.



"Endorsement" means an authorization
on an individual's commercial driver's license required to permit the
individual to operate certain types of commercial motor vehicles.



"Fatality" means the death of a
person as a result of a motor vehicle accident.



"Imminent hazard" means the existence
of a condition that presents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk of such death,
illness, injury, or endangerment.



"Noncommercial motor vehicle" means a
motor vehicle or combination of motor vehicles not defined by the term
"commercial motor vehicle (CMV)" under section 286-2.



"Nonresident commercial driver's
license" means a commercial driver's license issued by a state under
either of the following two conditions:



(1)  To an individual domiciled in a foreign country
meeting the requirements of Title 49, Code of Federal Regulations Section
383.23(b)(1); or



(2)  To an individual domiciled in another state
meeting the requirements of Title 49, Code of Federal Regulations Section
383.23(b)(2).



"Out-of-service order" means a
declaration by an authorized enforcement officer of a federal, state, Canadian,
Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a
motor carrier operation is out-of-service pursuant to Section 386.72, 392.5,
395.13, or 396.9 of Title 49, Code of Federal Regulations, or compatible laws,
or the North American Uniform Out-of-Service Criteria, which can be obtained
from the Commercial Vehicle Safety Alliance.



"School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary school students
from home to school, from school to home, or to and from school-sponsored
events, but does not include a bus, as defined under section 286-2, used as a
common carrier as defined under section 271-4.



"Serious traffic violation" means
conviction of any of the following offenses when operating a commercial motor
vehicle, except for weight, defect, and parking violations:



(1)  Excessive speeding, involving any single offense
for any speed of fifteen miles per hour or more above the posted speed limit;



(2)  Reckless driving, or driving a commercial motor
vehicle in disregard of the safety of persons or property, including but not
limited to offenses of driving a commercial motor vehicle in wilful or wanton
disregard for the safety of persons or property;



(3)  Improper or erratic traffic lane changes;



(4)  Following a vehicle ahead too closely;



(5)  A violation of any state or local law relating to
motor vehicle traffic control, other than a parking violation, arising in
connection with a fatal traffic accident;



(6)  Driving a commercial motor vehicle without
obtaining a commercial driver's license;



(7)  Driving a commercial motor vehicle without a
commercial driver's license in the driver's possession; provided that this
paragraph shall not apply to a citation issued under, or an offense disposed of
pursuant to, section 286-116(a) or a substantially similar provision of law in
another state; or



(8)  Driving a commercial motor vehicle without the
proper class or endorsements of commercial driver's license for the specific
vehicle group being operated or for the passengers or type of cargo being
transported. [L 1989, c 320, pt of §2; am L 1990, c 342, §4; am L 1993, c 268,
§2; am L 1996, c 135, §§1, 2; am L 2004, c 103, §§1, 3]