For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Alcohol concentration." 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." A license issued in accordance with R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
(c) "Commercial driver's license information system." 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.
(d) "Commercial motor vehicle." Except when used in R.C. § 4506.25, 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 26,001 pounds or more, provided that the 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 rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport 16 or more passengers including the driver;
(4) Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under 49 C.F.R. Part 172, Subpart F, as amended; or
(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.
(e) "Controlled substance." Includes 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.
(f) "Conviction." 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, a plea of guilty or nolo contendere accepted by the 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.
(g) "Disqualification." 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.
(h) "Drive." To drive, operate or be in physical control of a motor vehicle.
(i) "Driver." 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." A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.
(k) "Drug of abuse." Any controlled substance, dangerous drug as defined in R.C. § 4729.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
(l) "Eligible unit of local government." A village, township or county that has a population of not more than 3,000 persons according to the most recent federal census.
(m) "Employer." 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) "Endorsement." 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.
(o) "Farm truck." 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 150 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 150 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 definition and is not used in the operations of a motor transportation company or private motor carrier.
(p) "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.
(q) "Felony." 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.
(r) "Foreign jurisdiction." Any jurisdiction other than a state.
(s) "Gross vehicle weight rating." 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.
(t) "Hazardous materials." Any material that has been designated as hazardous under 49 U.S.C. § 5103 and is required to be placarded under 49 C.F.R. Part 172, Subpart F or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73, as amended.
(u) "Imminent hazard." The existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of death, illness, injury or endangerment.
(v) "Motor vehicle." A vehicle, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways, except that the term does not include a vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.
(w) "Out-of-service order." A declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that the driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
(x) "Peace officer." Has the same meaning as in R.C. § 2935.01.
(y) "Portable tank." A liquid or gaseous packaging designed primarily to be loaded on or temporarily attached to a vehicle and equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means.
(z) "Public safety vehicle." Has the same meaning as in R.C. § 4511.01(E)(1) and (E)(3).
(aa) "Recreational vehicle." Includes every vehicle that is defined as a recreational vehicle in R.C. § 4501.01 and is used exclusively for purposes other than engaging in business for profit.
(bb) "Residence." Any person's residence determined in accordance with standards prescribed in the rules adopted by the Registrar.
(cc) "School bus." Has the same meaning as in R.C. § 4511.01.
(dd) "Serious traffic violation." A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of R.C. § 4506.03 or a conviction arising from the operation of any motor vehicle that involves any of the following:
(1) A single charge of any speed in excess of the posted speed limit by 15 miles per hour or more;
(2) 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;
(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 substantially equivalent law of another state or political subdivision of another state, that results in a fatal accident;
(4) 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;
(5) 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;
(6) 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;
(7) 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 Ohio Director of Public Safety designates as such by rule.
(ee) "State." A state of the United States and includes the District of Columbia.
(ff) "Tank vehicle." Any commercial motor vehicle that is designed to transport any liquid and has a maximum capacity greater than 119 gallons or is designed to transport gaseous materials and has a water capacity greater than 1,000 pounds within a tank that is either permanently or temporarily attached to the vehicle or its chassis. "Tank vehicle" does not include any of the following:
(1) Any portable tank having a rated capacity of less than 1,000 gallons;
(2) Tanks used exclusively as a fuel tank for the motor vehicle to which it is attached;
(3) An empty storage container tank that is not designed for transportation and that is readily distinguishable from a transportation tank;
(4) Ready-mix concrete mixers.
(gg) "Tester." A person or entity acting pursuant to a valid agreement entered into pursuant to R.C. § 4506.09(B).
(hh) "United States." The 50 states and the District of Columbia.
(ii) "Vehicle." Has the same meaning as in R.C. § 4511.01.
(R.C. § 4506.01)