As used in this chapter:
(a) “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 whole blood, blood serum, or blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(b) “Commercial driver's license” means a license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
(c) “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 gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided 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 that either is designed to transport sixteen or more passengers including the driver, or is placarded for hazardous materials;
(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 sixteen passengers including the driver;
(5) 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.A. 1801, as amended;
(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 Highway 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.
(d) “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.A. 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.
(e) “Disqualification” means withdrawal of the privilege to drive a commercial motor vehicle.
(f) “Domiciled.” Having a true, fixed, principal, and permanent residence to which an individual intends to return.
(g) “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 R.C. § 4506.10(A)(1);
(2) A change to a lesser class of vehicle;
(3) Removal of commercial driver’s license privileges from the individual’s driver’s license.
(h) “Drive” means to drive, operate or be in physical control of a motor vehicle.
(i) “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.
(j) “Driver's license” means a license issued by the Ohio Bureau of Motor Vehicles that authorizes an individual to drive.
(k) “Drug of abuse” means any controlled substance, dangerous drug as defined in R.C. § 4729.01, harmful intoxicant as defined in 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.
(l) “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.
(m) “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.
(n) “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.
(o) “Felony” means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.
(p) “Foreign jurisdiction” means any jurisdiction other than a state.
(q) “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.
(r) “Hazardous materials” means materials identified as such under regulations adopted under the “Hazardous Materials Transportation Act,” 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.
(s) “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.
(t) “Motor vehicle” has the same meaning as in Ohio R.C. 4511.01.
(u) “Out-of-service order” means a temporary prohibition against driving a commercial motor vehicle issued under this chapter, Ohio R.C. Chapter 4506 or a similar law of another state or of a foreign jurisdiction.
(v) “School bus” has the same meaning as in Ohio R.C. 4511.01.
(w) “Serious traffic violation” means any of the following:
(1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of R.C. § 4506.03;
(2) A. Except as provided in division (2)B. of this definition, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially equivalent law of another state or political subdivision of another state, prohibiting either of the following:
1. Texting while driving;
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 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 this 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 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 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 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 this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements:
1. It relates to traffic control, other than a parking violation;
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.
(x) “State” means a state of the United States and includes the District of Columbia.
(y) “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.
(z) “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.
(aa) “Texting while driving.” 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. 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.
(bb) “United States” means the fifty states and the District of Columbia.
(cc) “Use of a handheld mobile telephone.” Means:
(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.
(dd) “Vehicle” has the same meaning as in Ohio R.C. 4511.01.
(ORC 4506.01)