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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL CONCENTRATION. The concentration of alcohol in a person’s blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following:
(1) 100 milliliters of whole blood, blood serum or blood plasma;
(2) 210 liters of breath; and
(3) 100 milliliters of urine.
COMMERCIAL DRIVER’S LICENSE. A license issued in accordance with Ohio R.C. Ch. 4506 that authorizes an individual to drive a commercial motor vehicle.
COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM. The information system established pursuant to the requirements of the Commercial Motor Vehicle Safety Act of 1986, 100 Stat. 3207-171, 49 U.S.C. App. 2701.
COMMERCIAL MOTOR VEHICLE. Except when used in Ohio R.C. 4506.25, any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of 26,001 pounds or more;
(3) Any single vehicle or combination of vehicles that is not a Class A or Class B vehicle, but is designed to transport 16 or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under 49 C.F.R. part 172, subpart F, as amended; or
(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells and a portable crane.
CONTROLLED SUBSTANCE. Includes all of the following:
(1) Any substance classified as a controlled substance under the Controlled Substances Act, 80 Stat. 1242 (1970), 21 U.S.C. § 802(6), as amended;
(2) Any substance included in Schedules I through V of 21 C.F.R. part 1308, as amended; and
(3) Any drug of abuse.
CONVICTION. 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 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 or not the penalty is rebated, suspended or probated.
DISQUALIFICATION. Any of the following:
(1) The suspension, revocation or cancellation of a person’s privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight or vehicle defect violations; and
(3) 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. part 391.
DOMICILED. Having a true, fixed, principal and permanent residence to which an individual intends to return.
DOWNGRADE. Any of the following, as applicable:
(1) A change in the commercial driver’s license, or commercial driver’s license temporary instruction permit, holder’s self-certified status as described in Ohio R.C. 4506.10(A)(1);
(2) A change to a lesser class of vehicle; and
(3) Removal of commercial driver’s license privileges from the individual’s driver’s license.
DRIVE. To drive, operate or be in physical control of a motor vehicle.
DRIVER. Any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver’s license.
DRIVER’S LICENSE. A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.
DRUG OF ABUSE. Any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, or over- the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
ELECTRONIC DEVICE. Includes a cellular telephone, a personal digital assistant, a pager, a computer and any other device used to input, write, send, receive or read text.
ELIGIBLE UNIT OF LOCAL GOVERNMENT. A village, township or county that has a population of not more than 3,000 persons according to the most recent federal census.
EMPLOYER. Any person, including the Federal government, any state and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
ENDORSEMENT. An authorization on a person’s commercial driver’s license that is required to permit the person to operate a specified type of commercial motor vehicle.
FARM TRUCK. A truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than 150 miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than 150 miles, of supplies for the farm, including tile, fence and every other thing or commodity used in agricultural, floricultural, horticultural, livestock and poultry production, and livestock, poultry and other animals and things used for breeding, feeding or other purposes connected with the operation of the farm, when the truck is operated in accordance with this definition and is not used in the operations of a motor carrier, as defined in Ohio R.C. 4923.01.
FATALITY. The death of a person as the result of a motor vehicle accident occurring not more than 365 days prior to the date of death.
FELONY. Any offense under Federal or state law that is punishable by death or imprisonment for a term exceeding one year and includes any offense specifically classified as a felony under the law of the state, regardless of the penalty that may be imposed.
FOREIGN JURISDICTION. Any jurisdiction other than a state.
GROSS VEHICLE WEIGHT RATING. The value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The GROSS VEHICLE WEIGHT RATING of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
HAZARDOUS MATERIALS. Any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under 49 C.F.R. part 172, subpart F, or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
IMMINENT HAZARD. 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 death, illness, injury or endangerment.
MEDICAL VARIANCE. One of the following received by a driver from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, or 49 C.F.R. § 391.64; and
(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. § 391.49.
MOBILE TELEPHONE. A mobile communication device that falls under or uses any commercial mobile radio service, as defined in 47 C.F.R. part 20; except that, mobile telephone does not include two-way or citizens band radio services.
MOTOR VEHICLE. A vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways; except that, such term does not include a vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.
OUT-OF-SERVICE ORDER. A declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that the driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. § 390.5.
PEACE OFFICER. Has the same meaning as in Ohio R.C. 2935.01.
PORTABLE TANK. A liquid or gaseous packaging designed primarily to be loaded on or temporarily attached to a vehicle and equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means.
PUBLIC SAFETY VEHICLE. Has the same meaning as in Ohio R.C. 4511.01(E)(1) and (E)(3).
RECREATIONAL VEHICLE. Includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.
RESIDENCE. Any person’s residence determined in accordance with standards prescribed in the rules adopted by the Registrar.
SCHOOL BUS. Has the same meaning as in Ohio R.C. 4511.01.
SERIOUS TRAFFIC VIOLATION. Any of the following:
(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of Ohio R.C. 4506.03;
(2) (a) Except as provided in division (2)(b) below, a violation while operating a commercial motor vehicle of a law of the state, or any municipal ordinance or county or township resolution, or any other substantially similar law of another state or political subdivision of another state, prohibiting either of the following:
1. Texting while driving; or
2. Using a handheld mobile telephone.
(b) It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services.
(3) A conviction arising from the operation of any motor vehicle that involves any of the following:
(a) A single charge of any speed in excess of the posted speed limit by 15 miles per hour or more;
(b) Violations of Ohio R.C. 4511.20 or 4511.201 or any substantially equivalent ordinance or resolution, or of any substantially equivalent law of another state or political subdivision of another state;
(c) Violation of a law of the state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any substantially equivalent law of another state or political subdivision of another state, that results in a fatal accident;
(d) Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
(e) Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license being in the person’s possession;
(f) Violation of Ohio R.C. 4511.33 or 4511.34, or any municipal ordinance or county or township resolution substantially equivalent to either of those sections, or any substantially equivalent law of another state or political subdivision of another state;
(g) Violation of any other law of the state, any law of another state, or any ordinance or resolution of a political subdivision of the state or another state that meets both of the following requirements:
1. It relates to traffic control, other than a parking violation; and
2. It is determined to be a serious traffic violation by the United States Secretary of Transportation and is designated by the Director as such by rule.
STATE. A state of the United States and includes the District of Columbia.
TANK VEHICLE. Any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more. The term does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of 1,000 gallons or more and is temporarily attached to a flatbed trailer.
TESTER. A person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09(B).
TEXTING. Manually entering alphanumeric text into, or reading text from, an electronic device. TEXTING includes short message service (SMS), e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. TEXTING does not include the following:
(1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone;
(2) Inputting, selecting or reading information on a global positioning system or navigation system;
(3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio or a music player.
TEXTING WHILE DRIVING.
(1) Texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic-control device or other momentary delays.
(2) TEXTING WHILE DRIVING does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
UNITED STATES. The 50 states and the District of Columbia.
UPGRADE. A change in the class of vehicles, endorsements or self-certified status as described in Ohio R.C. 4506.10(A)(1) that expands the ability of a current commercial driver’s license holder to operate commercial motor vehicles under this chapter or Ohio R.C. Ch. 4506.
USE OF A HANDHELD MOBILE TELEPHONE.
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
(2) Dialing or answering a mobile telephone by pressing more than a single button; or
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
VEHICLE. Has the same meaning as in Ohio R.C. 4511.01.