§ 31-10.3-3 Definitions. – Notwithstanding any other provisions of title 31 the following definitionsapply to this chapter unless the context requires otherwise:
(1) "Administrator" means the division of motor vehiclesadministrator, the chief executive of the division of motor vehicles, an agencywithin the department of revenue.
(2) "Alcohol or alcoholic beverage" means (a) beer as definedin 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954; (b) wine of notless than one-half of one percentum (0.5%) of alcohol by volume; or (c)distilled spirits as defined in section 5002(a)(8), of said code.
(3) "Base license" means the operator's or driver's licensewithout any classifications, endorsements, or restrictions.
(4) "Bus" means every motor vehicle designed for carryingsixteen (16) or more passengers (including the driver).
(5) "Cancellation of driver's license" means the annulment ortermination by formal action of the department of a person's driver's licensebecause of some error or defect in the license (or application) or because thelicensee is no longer entitled to the license.
(6) "Certified commercial driving instructor" means anyperson who gives commercial driver training or who offers a course in drivertraining, and who is certified as such by the administrator.
(7) "Commerce" means:
(i) Trade, traffic, and transportation within thejurisdiction of the United States within the state; between a place in a stateand a place outside the state, including a place outside the United States; and
(ii) Trade, traffic, and transportation in the United Stateswhich affects any trade, traffic, and transportation in paragraph (i) of thissubdivision.
(8) "Commercial license" means a license issued by thedepartment in accordance with the standards contained in 49 C.F.R. Part 383, asit may be revised from time to time, to an individual which authorizes theindividual to operate a class of commercial motor vehicle.
(9) "Commercial motor vehicle" means a motor vehicle orcombination of vehicles used to transport passengers or property if the motorvehicle:
(i) Has a gross combination weight rating of twenty-sixthousand one (26,001) or more pounds, of a towed unit with a gross vehiclerating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicleweight rating of twenty-six thousand one (26,001) or more pounds;
(ii) Is designed to transport sixteen (16) or more passengersincluding the driver; or
(iii) Is transporting hazardous materials as defined in thissection.
(10) "Controlled substance" means any substance as classifiedunder § 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)) andincludes all substances as listed in schedules I through V of 21 C.F.R. Part1308 as they may be revised from time to time.
(11) "Conviction" means an unvacated adjudication of guilt ora determination that a person has violated or failed to comply with the law ina court of original jurisdiction or by an authorized administrative tribunal,an unvacated forfeiture of bail or collateral deposited to secure the person'sappearance in court, a plea of guilty or nolo contendere accepted by the court,the payment of a fine or court cost or violation of condition of releasewithout bail, regardless of whether or not the penalty is rebated, suspended,or probated.
(12) "Department" means the department of revenue actingdirectly or through its duly authorized officers and agents.
(13) "Disqualification" means withdrawal of the privilege todrive a commercial motor vehicle due to:
(i) The suspension, revocation, or cancellation of acommercial driver's license by the state or jurisdiction of issuance; or
(ii) Any withdrawal of a person's privileges to drive acommercial 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
(iii) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 C.F.R. Part 391.
(14) "Driver's license" means a license issued by thedepartment to an individual which authorizes the individual to operate a motorvehicle on the highways.
(15) "Employee" means any operator of a commercial motorvehicle, including full-time, regularly employed drivers; casual, intermittentor occasional drivers; leased drivers; and independent, owner-operatorcontractors (while in the course of operating a commercial motor vehicle) whoare either directly employed by or under lease to an employer.
(16) "Employer" means any person, including the UnitedStates, a state or a political subdivision of a state, who owns or leases acommercial motor vehicle or assigns persons to operate such a vehicle.
(17) "Farm tractors" means every motor vehicle designated andused primarily as a farm implement for drawing plows, mowing machines, andother implements of husbandry.
(18) "Fatality" means the death of a person as a result ofmotor vehicle accident.
(19) "Felony" means any offense under state or federal lawthat is punishable by death or imprisonment for a term exceeding one yearand/or fine of one thousand dollars ($1,000) or more.
(20) "Gross vehicle weight rating (GVWR)" means the valuespecified by the manufacturer as the maximum loaded weight of a single or acombination (articulated). The GVWR of a combination (articulated) vehicle(commonly referred to as the "gross combination weight rating" or GCWR) is theGVWR of the power unit plus the GVWR of the towed unit or units.
(21) "Hazardous materials" means any material that has beendesignated as hazardous under 49 CFR Part 172 or any quantity of a materiallisted as a select agent or toxin in 42 CFR Part 73.
(22) "Motor vehicle" means a vehicle, machine, tractor,trailer, or semi-trailer propelled or drawn by mechanical power and used onhighways; or any other vehicle required to be registered under the laws of thisstate; but does not include any vehicle, machine, tractor, trailer, orsemi-trailer operated exclusively on a rail.
(23) "Operator's license" means driver's license.
(24) "School bus" means a commercial motor vehicle used totransport preprimary, primary or secondary school students from home to school,from school to home; as to and from school-sponsored events. School bus doesnot include a bus used as a common carrier.
(25) "Secretary" means the secretary of transportation of theUnited States.
(26) "Serious traffic violation" means a conviction whenoperating a commercial motor vehicle except weight, defect and parkingviolations of:
(i) Excessive speeding involving any single offense for anyspeed of fifteen miles per hour (15 mph) or more above the posted speed limit;
(ii) Reckless driving as defined by state or local law orregulation including, but not limited to, offenses of driving a commercialmotor vehicle in willful or wanton disregard for the safety of person orproperty;
(iii) Improper or erratic lane changes;
(iv) Following the vehicle ahead too closely;
(v) A violation, arising in connection with a fatal accident,of state or local law relating to motor vehicle traffic control;
(vi) Operating a commercial motor vehicle without obtaining acommercial license;
(vii) Operating a commercial motor vehicle without having hisor her commercial license in his or her immediate possession; or
(viii) Operating a commercial motor vehicle withoutpossessing a commercial driver's license containing the endorsements orclassifications applicable to the type of vehicle being operated or for thepassengers or type of cargo being transported.
(27) "State" means a state of the United States and theDistrict of Columbia.
(28) "Tank vehicle" means any commercial motor vehicle thatis designed to transport any liquid or gaseous materials within a tank that iseither permanently or temporarily attached to the vehicle or the chassis. Thesevehicles include, but are not limited to, cargo tanks and portable tanks asdefined in Part 171 of title 49 of the Federal Hazardous Material Regulations,49 CFR Part 171. However, this definition does not include portable tankshaving a rated capacity under one thousand (1,000) gallons.
(29) "Withdrawal" means any suspension, revocation,cancellation, disqualification, out-of-service of any license, privilege,endorsement, restriction, or classification of any license.
§ 31-10.3-3 Definitions. – Notwithstanding any other provisions of title 31 the following definitionsapply to this chapter unless the context requires otherwise:
(1) "Administrator" means the division of motor vehiclesadministrator, the chief executive of the division of motor vehicles, an agencywithin the department of revenue.
(2) "Alcohol or alcoholic beverage" means (a) beer as definedin 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954; (b) wine of notless than one-half of one percentum (0.5%) of alcohol by volume; or (c)distilled spirits as defined in section 5002(a)(8), of said code.
(3) "Base license" means the operator's or driver's licensewithout any classifications, endorsements, or restrictions.
(4) "Bus" means every motor vehicle designed for carryingsixteen (16) or more passengers (including the driver).
(5) "Cancellation of driver's license" means the annulment ortermination by formal action of the department of a person's driver's licensebecause of some error or defect in the license (or application) or because thelicensee is no longer entitled to the license.
(6) "Certified commercial driving instructor" means anyperson who gives commercial driver training or who offers a course in drivertraining, and who is certified as such by the administrator.
(7) "Commerce" means:
(i) Trade, traffic, and transportation within thejurisdiction of the United States within the state; between a place in a stateand a place outside the state, including a place outside the United States; and
(ii) Trade, traffic, and transportation in the United Stateswhich affects any trade, traffic, and transportation in paragraph (i) of thissubdivision.
(8) "Commercial license" means a license issued by thedepartment in accordance with the standards contained in 49 C.F.R. Part 383, asit may be revised from time to time, to an individual which authorizes theindividual to operate a class of commercial motor vehicle.
(9) "Commercial motor vehicle" means a motor vehicle orcombination of vehicles used to transport passengers or property if the motorvehicle:
(i) Has a gross combination weight rating of twenty-sixthousand one (26,001) or more pounds, of a towed unit with a gross vehiclerating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicleweight rating of twenty-six thousand one (26,001) or more pounds;
(ii) Is designed to transport sixteen (16) or more passengersincluding the driver; or
(iii) Is transporting hazardous materials as defined in thissection.
(10) "Controlled substance" means any substance as classifiedunder § 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)) andincludes all substances as listed in schedules I through V of 21 C.F.R. Part1308 as they may be revised from time to time.
(11) "Conviction" means an unvacated adjudication of guilt ora determination that a person has violated or failed to comply with the law ina court of original jurisdiction or by an authorized administrative tribunal,an unvacated forfeiture of bail or collateral deposited to secure the person'sappearance in court, a plea of guilty or nolo contendere accepted by the court,the payment of a fine or court cost or violation of condition of releasewithout bail, regardless of whether or not the penalty is rebated, suspended,or probated.
(12) "Department" means the department of revenue actingdirectly or through its duly authorized officers and agents.
(13) "Disqualification" means withdrawal of the privilege todrive a commercial motor vehicle due to:
(i) The suspension, revocation, or cancellation of acommercial driver's license by the state or jurisdiction of issuance; or
(ii) Any withdrawal of a person's privileges to drive acommercial 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
(iii) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 C.F.R. Part 391.
(14) "Driver's license" means a license issued by thedepartment to an individual which authorizes the individual to operate a motorvehicle on the highways.
(15) "Employee" means any operator of a commercial motorvehicle, including full-time, regularly employed drivers; casual, intermittentor occasional drivers; leased drivers; and independent, owner-operatorcontractors (while in the course of operating a commercial motor vehicle) whoare either directly employed by or under lease to an employer.
(16) "Employer" means any person, including the UnitedStates, a state or a political subdivision of a state, who owns or leases acommercial motor vehicle or assigns persons to operate such a vehicle.
(17) "Farm tractors" means every motor vehicle designated andused primarily as a farm implement for drawing plows, mowing machines, andother implements of husbandry.
(18) "Fatality" means the death of a person as a result ofmotor vehicle accident.
(19) "Felony" means any offense under state or federal lawthat is punishable by death or imprisonment for a term exceeding one yearand/or fine of one thousand dollars ($1,000) or more.
(20) "Gross vehicle weight rating (GVWR)" means the valuespecified by the manufacturer as the maximum loaded weight of a single or acombination (articulated). The GVWR of a combination (articulated) vehicle(commonly referred to as the "gross combination weight rating" or GCWR) is theGVWR of the power unit plus the GVWR of the towed unit or units.
(21) "Hazardous materials" means any material that has beendesignated as hazardous under 49 CFR Part 172 or any quantity of a materiallisted as a select agent or toxin in 42 CFR Part 73.
(22) "Motor vehicle" means a vehicle, machine, tractor,trailer, or semi-trailer propelled or drawn by mechanical power and used onhighways; or any other vehicle required to be registered under the laws of thisstate; but does not include any vehicle, machine, tractor, trailer, orsemi-trailer operated exclusively on a rail.
(23) "Operator's license" means driver's license.
(24) "School bus" means a commercial motor vehicle used totransport preprimary, primary or secondary school students from home to school,from school to home; as to and from school-sponsored events. School bus doesnot include a bus used as a common carrier.
(25) "Secretary" means the secretary of transportation of theUnited States.
(26) "Serious traffic violation" means a conviction whenoperating a commercial motor vehicle except weight, defect and parkingviolations of:
(i) Excessive speeding involving any single offense for anyspeed of fifteen miles per hour (15 mph) or more above the posted speed limit;
(ii) Reckless driving as defined by state or local law orregulation including, but not limited to, offenses of driving a commercialmotor vehicle in willful or wanton disregard for the safety of person orproperty;
(iii) Improper or erratic lane changes;
(iv) Following the vehicle ahead too closely;
(v) A violation, arising in connection with a fatal accident,of state or local law relating to motor vehicle traffic control;
(vi) Operating a commercial motor vehicle without obtaining acommercial license;
(vii) Operating a commercial motor vehicle without having hisor her commercial license in his or her immediate possession; or
(viii) Operating a commercial motor vehicle withoutpossessing a commercial driver's license containing the endorsements orclassifications applicable to the type of vehicle being operated or for thepassengers or type of cargo being transported.
(27) "State" means a state of the United States and theDistrict of Columbia.
(28) "Tank vehicle" means any commercial motor vehicle thatis designed to transport any liquid or gaseous materials within a tank that iseither permanently or temporarily attached to the vehicle or the chassis. Thesevehicles include, but are not limited to, cargo tanks and portable tanks asdefined in Part 171 of title 49 of the Federal Hazardous Material Regulations,49 CFR Part 171. However, this definition does not include portable tankshaving a rated capacity under one thousand (1,000) gallons.
(29) "Withdrawal" means any suspension, revocation,cancellation, disqualification, out-of-service of any license, privilege,endorsement, restriction, or classification of any license.
§ 31-10.3-3 Definitions. – Notwithstanding any other provisions of title 31 the following definitionsapply to this chapter unless the context requires otherwise:
(1) "Administrator" means the division of motor vehiclesadministrator, the chief executive of the division of motor vehicles, an agencywithin the department of revenue.
(2) "Alcohol or alcoholic beverage" means (a) beer as definedin 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954; (b) wine of notless than one-half of one percentum (0.5%) of alcohol by volume; or (c)distilled spirits as defined in section 5002(a)(8), of said code.
(3) "Base license" means the operator's or driver's licensewithout any classifications, endorsements, or restrictions.
(4) "Bus" means every motor vehicle designed for carryingsixteen (16) or more passengers (including the driver).
(5) "Cancellation of driver's license" means the annulment ortermination by formal action of the department of a person's driver's licensebecause of some error or defect in the license (or application) or because thelicensee is no longer entitled to the license.
(6) "Certified commercial driving instructor" means anyperson who gives commercial driver training or who offers a course in drivertraining, and who is certified as such by the administrator.
(7) "Commerce" means:
(i) Trade, traffic, and transportation within thejurisdiction of the United States within the state; between a place in a stateand a place outside the state, including a place outside the United States; and
(ii) Trade, traffic, and transportation in the United Stateswhich affects any trade, traffic, and transportation in paragraph (i) of thissubdivision.
(8) "Commercial license" means a license issued by thedepartment in accordance with the standards contained in 49 C.F.R. Part 383, asit may be revised from time to time, to an individual which authorizes theindividual to operate a class of commercial motor vehicle.
(9) "Commercial motor vehicle" means a motor vehicle orcombination of vehicles used to transport passengers or property if the motorvehicle:
(i) Has a gross combination weight rating of twenty-sixthousand one (26,001) or more pounds, of a towed unit with a gross vehiclerating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicleweight rating of twenty-six thousand one (26,001) or more pounds;
(ii) Is designed to transport sixteen (16) or more passengersincluding the driver; or
(iii) Is transporting hazardous materials as defined in thissection.
(10) "Controlled substance" means any substance as classifiedunder § 102(6) of the Controlled Substance Act (21 U.S.C. 802(6)) andincludes all substances as listed in schedules I through V of 21 C.F.R. Part1308 as they may be revised from time to time.
(11) "Conviction" means an unvacated adjudication of guilt ora determination that a person has violated or failed to comply with the law ina court of original jurisdiction or by an authorized administrative tribunal,an unvacated forfeiture of bail or collateral deposited to secure the person'sappearance in court, a plea of guilty or nolo contendere accepted by the court,the payment of a fine or court cost or violation of condition of releasewithout bail, regardless of whether or not the penalty is rebated, suspended,or probated.
(12) "Department" means the department of revenue actingdirectly or through its duly authorized officers and agents.
(13) "Disqualification" means withdrawal of the privilege todrive a commercial motor vehicle due to:
(i) The suspension, revocation, or cancellation of acommercial driver's license by the state or jurisdiction of issuance; or
(ii) Any withdrawal of a person's privileges to drive acommercial 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
(iii) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 C.F.R. Part 391.
(14) "Driver's license" means a license issued by thedepartment to an individual which authorizes the individual to operate a motorvehicle on the highways.
(15) "Employee" means any operator of a commercial motorvehicle, including full-time, regularly employed drivers; casual, intermittentor occasional drivers; leased drivers; and independent, owner-operatorcontractors (while in the course of operating a commercial motor vehicle) whoare either directly employed by or under lease to an employer.
(16) "Employer" means any person, including the UnitedStates, a state or a political subdivision of a state, who owns or leases acommercial motor vehicle or assigns persons to operate such a vehicle.
(17) "Farm tractors" means every motor vehicle designated andused primarily as a farm implement for drawing plows, mowing machines, andother implements of husbandry.
(18) "Fatality" means the death of a person as a result ofmotor vehicle accident.
(19) "Felony" means any offense under state or federal lawthat is punishable by death or imprisonment for a term exceeding one yearand/or fine of one thousand dollars ($1,000) or more.
(20) "Gross vehicle weight rating (GVWR)" means the valuespecified by the manufacturer as the maximum loaded weight of a single or acombination (articulated). The GVWR of a combination (articulated) vehicle(commonly referred to as the "gross combination weight rating" or GCWR) is theGVWR of the power unit plus the GVWR of the towed unit or units.
(21) "Hazardous materials" means any material that has beendesignated as hazardous under 49 CFR Part 172 or any quantity of a materiallisted as a select agent or toxin in 42 CFR Part 73.
(22) "Motor vehicle" means a vehicle, machine, tractor,trailer, or semi-trailer propelled or drawn by mechanical power and used onhighways; or any other vehicle required to be registered under the laws of thisstate; but does not include any vehicle, machine, tractor, trailer, orsemi-trailer operated exclusively on a rail.
(23) "Operator's license" means driver's license.
(24) "School bus" means a commercial motor vehicle used totransport preprimary, primary or secondary school students from home to school,from school to home; as to and from school-sponsored events. School bus doesnot include a bus used as a common carrier.
(25) "Secretary" means the secretary of transportation of theUnited States.
(26) "Serious traffic violation" means a conviction whenoperating a commercial motor vehicle except weight, defect and parkingviolations of:
(i) Excessive speeding involving any single offense for anyspeed of fifteen miles per hour (15 mph) or more above the posted speed limit;
(ii) Reckless driving as defined by state or local law orregulation including, but not limited to, offenses of driving a commercialmotor vehicle in willful or wanton disregard for the safety of person orproperty;
(iii) Improper or erratic lane changes;
(iv) Following the vehicle ahead too closely;
(v) A violation, arising in connection with a fatal accident,of state or local law relating to motor vehicle traffic control;
(vi) Operating a commercial motor vehicle without obtaining acommercial license;
(vii) Operating a commercial motor vehicle without having hisor her commercial license in his or her immediate possession; or
(viii) Operating a commercial motor vehicle withoutpossessing a commercial driver's license containing the endorsements orclassifications applicable to the type of vehicle being operated or for thepassengers or type of cargo being transported.
(27) "State" means a state of the United States and theDistrict of Columbia.
(28) "Tank vehicle" means any commercial motor vehicle thatis designed to transport any liquid or gaseous materials within a tank that iseither permanently or temporarily attached to the vehicle or the chassis. Thesevehicles include, but are not limited to, cargo tanks and portable tanks asdefined in Part 171 of title 49 of the Federal Hazardous Material Regulations,49 CFR Part 171. However, this definition does not include portable tankshaving a rated capacity under one thousand (1,000) gallons.
(29) "Withdrawal" means any suspension, revocation,cancellation, disqualification, out-of-service of any license, privilege,endorsement, restriction, or classification of any license.
