§ 42-2-402 — Definitions

As used in this part 4, unless the context otherwise
requires:

(1) Commercial driver's license means a license issued to an individual in
accordance with the requirements of the federal Commercial Motor Vehicle Safety
Act of 1986, 49 App. U.S.C. sec. 2701 et seq., and any rules or regulations
promulgated thereunder, that authorizes such individual to drive a commercial
motor vehicle.

(2) Commercial driver's license driving tester or driving tester means an
individual licensed by the department under the provisions of section 42-2-407 to
perform commercial driver's license driving tests.

(3) Commercial driver's license testing unit or testing unit means a
business, association, or governmental entity licensed by the department under the
provisions of section 42-2-407 to administer the performance of commercial
driver's license driving tests.

(4) (a) Commercial motor vehicle means a motor vehicle designed or used
to transport passengers or property, if the vehicle:

(I) Has a gross vehicle weight rating of 26,001 or more pounds or such lesser
rating determined by federal regulation; or

(II) Is designed to transport sixteen or more passengers, including the driver;
or

(III) Is transporting hazardous materials and is required to be placarded in
accordance with 49 CFR part 172, subpart F.

(b) Commercial motor vehicle does not include:

(I) Recreational vehicles;

(II) Military vehicles that are driven by military personnel;

(III) Any farm vehicles:

(A) Controlled and operated by a farmer;

(B) Used to transport agriculture products, farm machinery, or farm supplies
to or from a farm;

(C) Not used in the operations of a common or contract motor carrier; or

(D) Used within one hundred fifty miles of the person's farm;

(IV) Firefighting equipment.

(5) Department means the department of revenue.

(6) Gross vehicle weight rating or GVWR means the value specified by
the manufacturer as the maximum loaded weight of a single or a combination
(articulated) vehicle, or registered gross weight, whichever is greater. The GVWR of
a combination (articulated) vehicle, commonly referred to as the gross combination
weight rating or GCWR is the GVWR of the power unit plus the GVWR of any
towed unit.

(7) Hazardous materials means materials as defined under section 103 of
the federal Hazardous Materials Transportation Act of 1987, 49 App. U.S.C. sec.
1801, as may be amended from time to time.

(8) Out-of-service order means an out-of-service order as defined by 49
CFR 383.5.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2163, � 1, effective January 1, 1995. L. 2006: (8) amended, p. 261, � 2, effective March 31.