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28-5201. Definitions

(L08, Ch. 147, sec. 3)

In this chapter, unless the context otherwise requires:

1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:

(a) A combination of vehicles that has a combined gross vehicle weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.

(b) A single vehicle that has a gross vehicle weight rating of twenty-six thousand one or more pounds.

(c) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce.

(d) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.

(e) A school bus.

(f) A bus.

(g) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons.

(h) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation act (49 United States Code sections 5101 through 5127) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter.

2. "Declared gross weight" has the same meaning prescribed in section 28-5431. If a declaration has not been made, declared gross weight means gross weight.

3. "Gross weight" has the same meaning prescribed in section 28-5431.

4. "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.

5. "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.

6. "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.

7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce.

8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway.

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 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.