341.01 DEFINITIONS.

    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”.

      (1)    A license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle. Except as otherwise specifically provided, “commercial driver’s license” includes an “enhanced commercial driver’s license.”

      (2)    “Enhanced commercial driver’s license” means a commercial driver’s license issued in accordance with Ohio R.C. 4507.021 and 4506.072 that denotes citizenship and identity and is approved by the United States Secretary of Homeland Security or other designated federal agency for purposes of entering the United States.

   (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 is designed to transport sixteen 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 sixteen passengers including the driver;

      (5)   Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, 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 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.

   (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 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;

      (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. 391.

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

   (g)   "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.

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

   (i)   "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.

   (j)   "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.

   (k)   “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.

   (l)   “Farm truck” means 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 one hundred fifty 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 one hundred fifty 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 subsection and is not used in the operations of a motor carrier, as defined in Ohio R.C. 4923.01.

   (m)   “Fatality” means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of a death.

   (n)   "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.

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

   (p)   "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.

   (q)   "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.

   (r)   "Motor vehicle" means 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.

   (s)   “Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that a driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.

   (t)   “Public safety vehicle” has the same meaning as in divisions (E)(1) and (3) of Ohio R.C. 4511.01.

   (u)   “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.

   (v)   “School bus” has the same meaning as in Ohio R.C. 4511.01.

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

   (x)   “Tester” means a person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09.

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

   (z)   "Vehicle" has the same meaning as in Ohio R.C. 4511.01.

      (ORC 4506.01)