2005 California Vehicle Code Sections 15210 Article 2. Definitions

VEHICLE CODE
SECTION 15210

15210.  Notwithstanding any other provision of this code, as used in
this chapter, the following terms have the following meanings:
   (a) "Commercial driver's license" means a driver's license issued
by a state or other jurisdiction, in accordance with the standards
contained in Part 383 of Title 49 of the Code of Federal Regulations,
which authorizes the licenseholder to operate a class or type of
commercial motor vehicle.
   (b) (1) "Commercial motor vehicle" means any vehicle or
combination of vehicles that requires a class A or class B license,
or a class C license with an endorsement issued pursuant to paragraph
(4) of subdivision (a) of Section 15278.
   (2) "Commercial motor vehicle" does not include any of the
following:
   (A) A recreational vehicle, as defined in Section 18010 of the
Health and Safety Code.
   (B) Military equipment operated by noncivilian personnel, which is
owned or operated by the United States Department of Defense,
including the National Guard, as provided in Parts 383 and 391 of
Title 49 of the Code of Federal Regulations.
   (C) An implement of husbandry operated by a person who is not
required to obtain a driver's license under this code.
   (D) Vehicles operated by persons exempted pursuant to Section
25163 of the Health and Safety Code or a vehicle operated in an
emergency situation at the direction of a peace officer pursuant to
Section 2800.
   (c) "Controlled substance" has the same meaning as defined by the
federal Controlled Substances Act (21 U.S.C. Sec. 802).
   (d) "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 person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the payment
of a fine or court costs, or violation of a condition of release
without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.
   (e) "Disqualification" means a prohibition against driving a
commercial motor vehicle.
   (f) "Driving a commercial vehicle under the influence" means
committing any one or more of the following unlawful acts in a
commercial motor vehicle:
   (1) Driving a commercial motor vehicle while the operator's
blood-alcohol concentration level is 0.04 percent or more, by weight
in violation of subdivision (d) of Section 23152.
   (2) Driving under the influence of alcohol, as prescribed in
subdivision (a) or (b) of Section 23152.
   (3) Refusal to undergo testing as required under this code in the
enforcement of Subpart D of Part 383 or Subpart A of Part 392 of
Title 49 of the Code of Federal Regulations.
   (g) "Employer" means any person, including the United States, a
state, or political subdivision of a state, who owns or leases a
commercial motor vehicle or assigns drivers to operate that vehicle.
A person who employs himself or herself as a commercial vehicle
driver is considered to be both an employer and a driver for purposes
of this chapter.
   (h) "Fatality" means the death of a person as a result of a motor
vehicle accident.
   (i) "Felony" means an offense under state or federal law that is
punishable  by death or imprisonment for a term exceeding one year.
   (j) "Gross combination weight rating" means the value specified by
the manufacturer as the maximum loaded weight of a combination or
articulated vehicle.  In the absence of a value specified by the
manufacturer, gross vehicle weight rating will be determined by
adding the gross vehicle weight rating of the power unit and the
total weight of the towed units and any load thereon.
   (k) "Gross vehicle weight rating" means the value specified by the
manufacturer as the maximum loaded weight of a single vehicle, as
defined in Section 390.
   (l) "Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health, property, or
the environment may occur before the reasonable foreseeable
completion date of a formal proceeding begun to lesson the risk of
death, illness, injury, or endangerment.
   (m) "Noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles that is not included within the
definition in subdivision (b).
   (n) "Nonresident commercial driver's license" means a commercial
driver's license issued to an individual by a state under one of the
following provisions:
   (1) The individual is domiciled in a foreign country.
   (2) The individual is domiciled in another state.
   (o) "Schoolbus" is a commercial motor vehicle, as defined in
Section 545.
   (p) "Serious traffic violation" includes any of the following:
   (1) Excessive speeding, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570) involving any
single offense for any speed of 15 miles an hour or more above the
posted speed limit.
   (2) Reckless driving, as defined pursuant to the federal
Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving in the
manner described under Section 2800.1, 2800.2, or 2800.3, including,
but not limited to, the offense of driving a commercial motor
vehicle in willful or wanton disregard for the safety of persons or
property.
   (3) A violation of any state or local law involving the safe
operation of a motor vehicle, arising in connection with a fatal
traffic accident.
   (4) Any other similar violation of a state or local law involving
the safe operation of a motor vehicle, as defined pursuant to the
Commercial Motor Vehicle Safety Act (Title XII of P.L. 99-570).
   (5) Driving a commercial motor vehicle without a commercial driver'
s license.
   (6) Driving a commercial motor vehicle without the driver having
in his or her possession a commercial driver's license, unless the
driver provides proof at the subsequent court appearance that he or
she held a valid commercial driver's license on the date of the
violation.
   (7) Driving a commercial motor vehicle when the driver has not met
the minimum testing standards for that vehicle as to the class or
type of cargo the vehicle is carrying.
   In the absence of a federal definition, existing definitions under
this code shall apply.
   (q) "State" means a state of the United States or the District of
Columbia.
   (r) "Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous material within a tank
that is permanently or temporarily attached to the vehicle or the
chassis, including, but not limited to, cargo tanks and portable
tanks, as defined in Part 171 of Title 49 of the Code of Federal
Regulations.  This definition does not include portable tanks having
a rated capacity under 1,000 gallons.
   (s) This section shall become operative on September 20, 2005.


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