53-3-402 - Definitions.
53-3-402. Definitions.
As used in this part:
(1) "Alcohol" means any substance containing any form of alcohol, including ethanol,methanol, propanol, and isopropanol.
(2) "Alcohol concentration" means the number of grams of alcohol per:
(a) 100 milliliters of blood;
(b) 210 liters of breath; or
(c) 67 milliliters of urine.
(3) "Commercial driver instruction permit" or "CDIP" means a permit issued underSection 53-3-408.
(4) "Commercial driver license information system" or "CDLIS" means the informationsystem established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of1986, as a clearinghouse for information related to the licensing and identification of commercialmotor vehicle drivers.
(5) "Controlled substance" means any substance so classified under Section 102(6) of theControlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the currentSchedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to time.
(6) "Employee" means any driver of a commercial motor vehicle, including:
(a) full-time, regularly employed drivers;
(b) casual, intermittent, or occasional drivers;
(c) leased drivers; and
(d) independent, owner-operator contractors while in the course of driving a commercialmotor vehicle who are either directly employed by or under lease to an employer.
(7) "Employer" means any individual or person including the United States, a state, or apolitical subdivision of a state, who owns or leases a commercial motor vehicle, or assigns anindividual to drive a commercial motor vehicle.
(8) "Felony" means any offense under state or federal law that is punishable by death orimprisonment for a term of more than one year.
(9) "Foreign jurisdiction" means any jurisdiction other than the United States or a state ofthe United States.
(10) "Gross vehicle weight rating" or "GVWR" means the value specified by themanufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination orarticulated vehicle, and includes the GVWR of the power unit plus the total weight of all towedunits and the loads on those units.
(11) "Hazardous material" has the same meaning as defined under 49 U.S.C. Sec. 5101 etseq., Hazardous Materials Transportation Act.
(12) "Imminent hazard" means the existence of a condition, practice, or violation thatpresents a substantial likelihood that death, serious illness, severe personal injury, or a substantialendangerment to health, property, or the environment is expected to occur immediately, or beforethe condition, practice, or violation can be abated.
(13) "NDR" means the National Driver Register.
(14) "Nonresident CDL" means a commercial driver license issued by a state to anindividual who resides in a foreign jurisdiction.
(15) "Out-of-service order" means a temporary prohibition against driving a commercialmotor vehicle.
(16) "Port-of-entry agent" has the same meaning as provided in Section 72-1-102.
(17) "Serious traffic violation" means a conviction of any of the following:
(a) speeding 15 or more miles per hour above the posted speed limit;
(b) reckless driving as defined by state or local law;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely;
(e) any other motor vehicle traffic law which arises in connection with a fatal trafficaccident;
(f) operating a commercial motor vehicle without a CDL or a CDIP;
(g) operating a commercial motor vehicle without the proper class of CDL or CDLendorsement for the type of vehicle group being operated or for the passengers or cargo beingtransported; or
(h) operating a commercial motor vehicle without a CDL or CDIP license certificate inthe driver's possession in violation of Section 53-3-404.
(18) "State" means a state of the United States, the District of Columbia, any province orterritory of Canada, or Mexico.
(19) "United States" means the 50 states and the District of Columbia.
Amended by Chapter 53, 2007 General Session