40-5-142

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40-5-142.
As used in this article, the term:
(1) 'Alcohol' means:
(A) Beer, ale, port, or stout and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of 1 percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
(B) Wine of not less than one-half of 1 percent of alcohol by volume;
(C) Distilled spirits which means that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; or
(D) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means:
(A) The number of grams of alcohol per 100 milliliters of blood;
(B) The number of grams of alcohol per 210 liters of breath; or
(C) The number of grams of alcohol per 67 milliliters of urine.
(3) 'Commerce' means:
(A) Trade, traffic, and transportation within the jurisdiction of the United States between locations in a state and between a location in a state and a location outside such state including a location outside the United States; and
(B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subparagraph (A) of this paragraph.
(4) 'Commercial Driver License Information System' (CDLIS) means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986, Title XII, Public Law 99-570, to serve as a clearing-house for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) 'Commercial driveŕs instruction permit' means a permit issued pursuant to subsection (c) of Code Section 40-5-147.
(6) 'Commercial driveŕs license' (CDL) means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials as designated under 49 U.S.C. Section 5103 and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F or is transporting any quantity of a material listed as a select agent or toxin in Title 42 C.F.R. Part 73;
provided, however, that for the purposes of this article, no agricultural vehicle, commercial vehicle operated by military personnel for military purposes, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer, including operation by employees or family members; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such persońs farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Motor Carrier Safety Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes.
(8) 'Controlled substance' means any substance so defined under Code Section 16-13-21 and includes all substances listed in Schedules I through V of 21 C.F.R. Part 1308, as they may be revised from time to time.
(9) 'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the persońs appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.
(10) 'Disqualification' means any of the following:
(A) The suspension, revocation, or cancellation of a commercial driveŕs license by any state or jurisdiction of issuance;
(B) The withdrawal of a persońs privilege to drive a commercial motor vehicle by any state or by any other jurisdiction as the result of a violation of any state or local law relating to motor vehicle traffic control, other than parking, vehicle weight, or vehicle defect violations; or
(C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle.
(11) 'Drive' means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or actual physical control of a motor vehicle anywhere in this state.
(12) 'Driver' means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial driveŕs license.
(13) 'Driveŕs license' means a license issued by a state to any individual which authorizes the individual to drive a motor vehicle.
(13.1) 'Driving a commercial vehicle while under the influence of alcohol' means committing any one or more of the following acts while a person is driving or in actual physical control of a moving commercial motor vehicle:
(A) Driving while the persońs alcohol concentration is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine;
(B) Driving under the influence of alcohol, as prescribed by Code Section 40-6-391; or
(C) Refusal to submit to state-administered chemical testing when requested to do so by a law enforcement officer.
(14) 'Employer' means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle on its behalf.
(14.1) 'Fatality' means the death of a person as a result of a motor vehicle crash.
(15) 'Felony' means any offense under state or federal law that is punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.
(16) 'Foreign jurisdiction' means any jurisdiction other than a state of the United States.
(17) 'Gross vehicle weight rating' (GVWR) means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle, commonly referred to as the 'gross combination weight rating' (GCWR), is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer or manufacturers, the gross vehicle weight rating of a combination (articulated) vehicle is the gross vehicle weight rating of the power unit plus the total weight of the towed unit or units, including the loads on them.
(18) 'Hazardous materials' has the meaning the term has under 49 U.S.C.A. Section 5101, et seq.
(18.1) 'Imminent hazard' means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(19) 'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(19.1) 'Noncommercial motor vehicle' means a motor vehicle or combination of vehicles not defined by the term 'commercial motor vehicle' in this Code section or in the regulations of the department for the purpose of licensure.
(20) 'Nonresident commercial driveŕs license' means a commercial driveŕs license issued by a state to any individual who resides in a foreign jurisdiction.
(21) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(21.1) 'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school sponsored events. The term does not include a bus used as a common carrier.
(22) 'Serious traffic violation' means conviction of any of the following offenses when operating a commercial motor vehicle or a noncommercial motor vehicle:
(A) Speeding 15 or more miles per hour above the posted speed limit;
(B) Reckless driving, as defined under state or local law;
(C) Following another vehicle too closely, as defined under state or local law;
(D) Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change;
(E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations;
(F) A railroad grade crossing violation as defined under state law or local ordinance;
(G) Driving a commercial motor vehicle without obtaining a commercial driveŕs license;
(H) Driving a commercial motor vehicle without a valid commercial driveŕs license in the driveŕs immediate possession; or
(I) Driving a commercial motor vehicle without a commercial driveŕs license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.
(23) 'State' means a state of the United States and the District of Columbia.
(24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle' shall not include a portable tank having a rated capacity under 1,000 gallons.
(25) 'United States' means the 50 states and the District of Columbia.