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281A.010 Definitions for chapter.
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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;
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Designed to transport sixteen (16) or more passengers, including the
driver;
(c) 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.
(17) "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" has the same meaning as in 49 C.F.R. sec. 383.5.
(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;
(d) Following the vehicle ahead too closely;
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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 25, 2013
History: Amended 2013 Ky. Acts ch. 21, sec. 1, effective June 25, 2013. -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.
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