Notwithstanding any other provision of this Traffic Code, the following definitions apply to this article.
ALCOHOL.
(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.
(1) The number of grams of alcohol per 100 milliliters of blood; or
(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 LICENSE. A license issued in accordance with the requirements of W.Va. Code Art. 17E-1 to an individual which authorizes the individual to drive a class of commercial motor vehicle.
COMMERCIAL DRIVER INSTRUCTION PERMIT. A permit issued pursuant to W.Va. Code § 17E-1-9(e).
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 sixteen 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, subpart 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 article.
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 § 353.06, DRIVE includes operation or physical control of a motor vehicle anywhere in the 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 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 article pertaining to employees and employers.
EMPLOYERS. 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, but is not limited to, 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.
(W.Va. Code § 17E-1-3)