For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Includes:
(1) Any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol;
(2) Beer, ale, port or stout and other similar fermented beverages (including sake or similar products) of any name or description containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
(3) Distilled spirits or 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
(4) Wine of not less than 0.5% of alcohol by volume.
ALCOHOL CONCENTRATION. Includes:
(1) The number of grams of alcohol per 100 milliliters of blood;
(2) The number of grams of alcohol per 210 liters of breath; or
(3) The number of grams of alcohol per 67 milliliters of urine.
COMMERCIAL DRIVER INSTRUCTION PERMIT. A permit issued pursuant to W. Va. Code 17E-1-9(e).
COMMERCIAL DRIVER LICENSE. A license issued in accordance with the requirements of W. Va. Code Article 17E-1 to an individual which authorizes the individual to drive a class of commercial motor vehicle.
COMMERCIAL MOTOR VEHICLE. A motor vehicle designed or used to transport passengers or property:
(1) If the vehicle has a gross vehicle weight rating as determined by federal regulation;
(2) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(3) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, sub-part F.
CONVICTION. The final judgment in a judicial or administrative proceeding or a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere, an implied admission of guilty or a forfeiture of bond or collateral upon a charge of a disqualifying offense, as a result of proceedings upon any violation of the requirement of this subchapter.
DISQUALIFICATION. A prohibition against driving a commercial motor vehicle.
DRIVE. To drive, operate or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of § 72.999(E), DRIVE includes operation or physical control of a motor vehicle anywhere in this municipality.
DRIVER. Any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver license.
DRIVER’S LICENSE. A license issued by a state to an individual which authorizes the individual to drive a motor vehicle of a specific class.
EMPLOYEE. A person who is employed by an employer to drive a commercial motor vehicle, including independent contractors. An employee who is employed by himself or herself as a commercial motor vehicle driver must comply with both the requirements of this subchapter pertaining to employees and employers.
EMPLOYER. 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.
FARM VEHICLE. Includes a motor vehicle or combination vehicle registered to the farm owner or entity operating the farm and used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants and in the transportation of agricultural or horticultural supplies and machinery to such farms or orchards to be used thereon.
FARMER. Includes owner, tenant, lessee, occupant or person in control of the premises used substantially for agricultural or horticultural pursuits, who is at least 18 years of age with two years licensed driving experience.
FARMER VEHICLE DRIVER. The person employed and designated by the farmer to drive a farm vehicle as long as driving is not his or her sole or principal function on the farm, who is at least 18 years of age with two years licensed driving experience.
MOTOR VEHICLE. Every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
OUT-OF-SERVICE ORDER. A temporary prohibition against driving a commercial motor vehicle as a result of a determination by a federal agency or the Public Service Commission, pursuant to W. Va. Code Chapter 24A, that:
(1) The continued use of a commercial motor vehicle may result in death, serious injury or severe personal injury; or
(2) The continued actions by the driver of a commercial motor vehicle poses an imminent hazard to public safety.
VIOLATION OF AN OUT-OF-SERVICE ORDER. Includes:
(1) The operation of a commercial motor vehicle during the period the driver was placed out of service; or
(2) The operation of a commercial motor vehicle by a driver after the vehicle was placed out of service and before the required repairs are made.
(W. Va. Code 17E-1-3) (Prior Code, § 353.01)