PARTXIII.  COMMERCIAL DRIVER LICENSING

 

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

"Disqualification" means any of thefollowing three actions:

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

(2)  Any withdrawal of a person's privileges to drivea commercial motor vehicle by a state or other jurisdiction as the result of aviolation 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 CarrierSafety Administration that a person is not qualified to operate a commercialmotor vehicle under Title 49, Code of Federal Regulations Part 391.

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

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

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

(3)  Refusing to undergo such testing as required byany 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, whoowns or leases a commercial motor vehicle or assigns a person to drive acommercial motor vehicle.

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

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

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

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

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

(1)  To an individual domiciled in a foreign countrymeeting the requirements of Title 49, Code of Federal Regulations Section383.23(b)(1); or

(2)  To an individual domiciled in another statemeeting the requirements of Title 49, Code of Federal Regulations Section383.23(b)(2).

"Out-of-service order" means adeclaration by an authorized enforcement officer of a federal, state, Canadian,Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or amotor 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 obtainedfrom the Commercial Vehicle Safety Alliance.

"School bus" means a commercial motorvehicle used to transport pre-primary, primary, or secondary school studentsfrom home to school, from school to home, or to and from school-sponsoredevents, but does not include a bus, as defined under section 286-2, used as acommon carrier as defined under section 271-4.

"Serious traffic violation" meansconviction of any of the following offenses when operating a commercial motorvehicle, except for weight, defect, and parking violations:

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

(2)  Reckless driving, or driving a commercial motorvehicle in disregard of the safety of persons or property, including but notlimited to offenses of driving a commercial motor vehicle in wilful or wantondisregard 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 tomotor vehicle traffic control, other than a parking violation, arising inconnection with a fatal traffic accident;

(6)  Driving a commercial motor vehicle withoutobtaining a commercial driver's license;

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

(8)  Driving a commercial motor vehicle without theproper class or endorsements of commercial driver's license for the specificvehicle group being operated or for the passengers or type of cargo beingtransported. [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]