281A.010 Definitions.
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"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 one
percentum (0.5%) 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 one percentum (0.5%) 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 ethyl alcohol, hydrated oxide of ethyl, spirit of
wine, or any distilled spirits including but not limited to ethanol, methanol,
propanol, and isopropanol.
"Alcohol concentration" means:
(a) The number of grams of alcohol per one hundred (100) milliliters of blood;
(b) The number of grams of alcohol per two hundred ten (210) liters of breath; or
(c) The number of grams of alcohol per sixty-seven (67) milliliters of urine.
"Cabinet" means the Transportation Cabinet of the Commonwealth of Kentucky.
"Commerce" means:
(a) Any trade, traffic, or transportation within the jurisdiction of the United States
between a place in a state and a place outside of the state, including a place
outside of the United States; and
(b) Trade, traffic, and transportation in the United States that affects any trade,
traffic, and transportation described in paragraph (a) of this subsection.
"Commercial driver's license," or "CDL," means a license issued to an individual in
accordance with the requirements of this chapter or, if the license is issued by
another state in accordance with the Federal Commercial Motor Vehicle Safety Act,
to an individual that authorizes the individual to drive any class of commercial
motor vehicle.
"Commercial driver's license information system" or CDLIS means the national
information system established to serve as a clearinghouse for locating information
related to the licensing and identification of commercial motor vehicle drivers.
"Commercial driver's instruction permit" means a permit issued pursuant to KRS
281A.120.
"Commercial motor vehicle," or "CMV," means a motor vehicle or combination
motor vehicle used in commerce that is:
(a) Designed to carry property and has a gross vehicle weight rating as determined
by federal regulation which has been adopted into cabinet administrative
regulations pursuant to KRS Chapter 13A;
(b) Designed to transport sixteen (16) or more passengers, including the driver;
(c)
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Transporting hazardous materials and is required to be placarded in
accordance with Title 49, Code of Federal Regulations, Part 172; or
(d) Any other vehicle that is required by cabinet administrative regulation,
pursuant to KRS Chapter 13A, to be operated by a licensed commercial
driver.
"Controlled substance" means any substance so classified under Section 102(6) of
the Controlled Substances Act, 21 U.S.C. sec. 802(6), and includes all substances
listed on Schedules I through V, of Title 21, Code of Federal Regulations, Part
1308, as adopted by the Transportation Cabinet by administrative regulation
pursuant to KRS Chapter 13A. It shall also include those substances defined or
listed in KRS Chapter 218A.
"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 an authorized administrative tribunal, an unvacated forfeiture of bail
or collateral deposited to secure the person's appearance in court, a plea of guilty, a
plea of nolo contendere, or Alford plea entered and accepted by the court, the
payment of a fine or court cost, or violation of a condition of release without bail,
regardless of whether or not the penalty is rebated, suspended, or probated.
"Disqualification" means any of the following actions:
(a) The suspension, revocation, or cancellation of a CDL by the Commonwealth
or the jurisdiction of issuance;
(b) Any withdrawal of a person's privilege to drive a commercial motor vehicle by
the Commonwealth or another jurisdiction as a result of a violation of 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 under 49 C.F.R.
pt. 391.
"Drive" means to drive, operate, or be in physical control of a motor vehicle.
"Driver" means any person who drives, operates, or is in physical control of a
commercial motor vehicle, or who is required to hold a commercial driver's license.
"Driver's license" means a license issued by a state to an individual that authorizes
the individual to drive a motor vehicle.
"Employee" means any operator of a commercial motor vehicle, including full-time,
regularly employed drivers; casual, intermittent, or occasional drivers; leased
drivers and independent, owner-operator contractors while in the course of
operating a commercial motor vehicle who are either directly employed by, under
lease to, or operating in a manner indicating employment to an employer.
"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.
"Felony" means any offense under state or federal law that is punishable by death or
imprisonment for a term exceeding one (1) year.
(18) "Gross combination weight rating," or "GCWR," is the gross vehicle weight rating
of power unit plus the gross vehicle weight rating of any towed unit. In the absence
of a value specified by the manufacturer, GCWR shall be determined by adding the
gross vehicle weight rating of the power unit and the total weight of the towed unit
and load therein.
(19) "Gross vehicle weight rating," or "GVWR," means the value specified by the
manufacturer as the maximum loaded weight of a single, a combination or an
articulated vehicle.
(20) "Hazardous materials" means the definition found in Section 103 of the Hazardous
Materials Transportation Law, 49 U.S.C. sec. 5101 et seq.
(21) "Highway" shall include any way or place of any nature when any part of it is open
to the use of the public as a matter of right, license, or privilege for the use of
vehicular traffic.
(22) "Imminent hazard" means a condition that presents a substantial likelihood that
death, serious illness, severe personal injury, or a danger to health, property, or the
environment exists.
(23) "Moped" shall have the same meaning as in KRS 186.010(5).
(24) "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 shall not include any vehicle, machine,
tractor, trailer, or semitrailers operated exclusively on a rail.
(25) "NDR" means the national driver register.
(26) "Out-of-service order" means a declaration by an authorized enforcement officer of
a federal, state, Canadian, Mexican, or local jurisdiction that a driver, commercial
motor vehicle, or a motor carrier operation is out of service pursuant to 49 C.F.R.
sec. 386.72, 392.5, 395.13, or 396.9; comparable laws or regulations; or the North
American Uniform Out-of-Service Criteria.
(27) "Resident" means a person who has established Kentucky as his or her state of
domicile. Proof of residency shall include but not be limited to a deed or property
tax bill, utility agreement or utility bill, or rental housing agreement.
(28) "School bus" means a vehicle that meets the specification of KRS 156.153 used to
transport preprimary, primary, or secondary school students between school and
home, or to and from school-sponsored events. A school bus shall not include a bus
used as a common carrier.
(29) "Serious traffic violation" means a conviction when operating a commercial motor
vehicle of:
(a) Excessive speeding, involving a single charge of any speed fifteen (15) miles
per hour or more, above the specified speed limit;
(b) Reckless driving, as defined under state or local law, including conviction of
driving a commercial motor vehicle in willful or wanton disregard for the
safety of persons or property;
(c) Improper or erratic traffic lane changes;
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Following the vehicle ahead too closely;
A violation of any state or local law related to motor vehicle traffic control,
other than a parking violation, arising in connection with a fatal accident;
(f) Driving a commercial motor vehicle without a CDL;
(g) Driving a commercial motor vehicle without a CDL in one's possession or
refusing to display a CDL upon request;
(h) Driving a commercial motor vehicle without the proper class of CDL or
endorsements, or both, for the specific vehicle type or types being operated or
for the passengers or type or types of cargo being transported; or
(i) Any conviction of an offense that requires mandatory suspension under KRS
186.560 or a serious violation as defined by Title 49 of the Code of Federal
Regulations Part 383 or as amended by the Federal Highway Administration.
(30) "State" means a state of the United States and the District of Columbia.
(31) "State police" means the Department of Kentucky State Police.
(32) "Vehicle" means every device in, upon, or by which any person or property is or
may be transported or drawn along a public highway, except devices moved by
human or animal power, used exclusively upon stationary rails or tracks, or which
derives its power from overhead wires.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 28, sec. 1, effective June 26, 2007; and ch. 85,
sec. 285, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 165, sec. 5,
effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 204, sec. 1, effective April 5,
2002. -- Amended 1992 Ky. Acts ch. 274, sec. 1, effective April 7, 1992. -- Created
1990 Ky. Acts ch. 455, sec. 4, effective January 1, 1991.
Legislative Research Commission Note (6/26/2007). This section was amended by
2007 Ky. Acts chs. 28 and 85, which do not appear to be in conflict and have been
codified together.
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