442.01 DEFINITIONS.

   As used in this chapter of the Traffic Code:

   (a)    "Commercial car" or "truck" means any motor vehicle having motor power designed and used for carrying merchandise or freight, or used as a commercial tractor.
(ORC 4501.01(J))

   (b)    "Commercial tractor," except as defined in Section 402.08, means any motor vehicle having motive power designed or used for drawing other motor vehicles, or designed or used for drawing another motor vehicle while carrying a portion of such other motor vehicle or its load, or both.

      (ORC 4501.01 (D))

   (c)    "Owner" includes any person, firm or corporation other than a manufacturer or dealer having title to a motor vehicle.

      (ORC 4501.01(V); Ord.121-69. Passed 12-8-69.)

   (d)    "Alcohol concentration" means 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)    One hundred milliliters of blood;

      (2)    Two hundred ten liters of breath;

      (3)    One hundred milliliters of urine.

   (e)    "School bus" has the same meaning as in Ohio R.C. 4511.01.

   (f)    "Commercial driver's license" means a license, including a probationary commercial driver's license, issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle.

   (g)   "Commercial driver license information system" means 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.

   (h)    "Commercial motor vehicle" means 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 combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;

      (2)    Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of ten thousand pounds;

      (3)    Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but that either is designed to transport sixteen or more passengers including the driver, or is placarded for hazardous materials and any school bus with a gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;

      (4)    Is transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act", 88 Stat. 2156 (1975), 49 U.S.C. 1801, as amended.

   (i)    "Controlled substance" means 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;

      (3)    Any drug of abuse.

   (j)   "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, 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.

   (k)    "Disqualification" means withdrawal of the privilege to drive a commercial motor vehicle.

   (l)    "Drive" means to drive, operate or be in physical control of a motor vehicle.

   (m)    "Driver" means 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.

   (n)    "Driver's license" means a license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.

   (o)   "Drug of abuse" means any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, harmful intoxicant as defined in Ohio R.C. 2925.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.

   (p)    "Employer” means 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.

   (q)   "Endorsement" means 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.

   (r)    "Felony" means 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 this State, regardless of the penalty that may be imposed.

   (s)    "Foreign jurisdiction" means any jurisdiction other than a state.

   (t)    "Gross vehicle weight rating" means 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.

   (u)    “Hazardous materials” means materials identified as such under regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 1801 as amended.

   (v)    "Motor vehicle" has the same meaning as in Ohio R.C. 4511.01.

   (w)    "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle issued under this chapter or a similar law of another state or of a foreign jurisdiction.

   (x)    "Residence" means any person's residence determined in accordance with Ohio R.C. 3503.02.

   (y)    "Serious traffic violation" means a conviction arising from the operation of a commercial motor vehicle that involves any of the following:

      (1)    A single charge of any speed that is in excess of the posted speed limit by an amount specified by the United States Secretary of Transportation and the Director of Highway Safety designates as such by rule;

      (2)   A violation of Ohio R.C. 4511.20, 4511.201 [4511.20.1], or 4511.202 [4511.20.2] or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state;

      (3)   Violation of a law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident;

      (4)   Violation of any other law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, that is determined to be a serious traffic violation by the United States Secretary of Transportation and the Director designates as such by rule.

   (z)   "State" means a state of the United States and includes the District of Columbia.

   (aa)   “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or its chassis, but does not include any portable tank having a rated capacity of less than one thousand gallons.

   (bb)    "United States" means the fifty states and the District of Columbia.

   (cc)   “Vehicle” has the same meaning as in Ohio R.C. 4511.01.

   (dd)   "Peace officer" has the same meaning as in Ohio R.C. 2935.01.

   (ee)   "Probationary commercial driver's license" means the license issued to a person between eighteen and twenty-one years of age that is valid for the intrastate operation of a commercial motor vehicle.
(Ord. 58-92. Passed 4-13-92.)