For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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;
(2) The number of grams of alcohol per 210 liters of breath;
(3) The number of grams of alcohol per 67 milliliters of urine; or
(4) The number of grams of alcohol per 86 milliliters of serum.
COMMERCIAL DRIVER INSTRUCTION PERMIT. A permit issued pursuant to W.Va. Code § 17E-1-9(d).
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 MOTOR VEHICLE. A motor vehicle designed or used to transport passengers or property:
(1) If the vehicle has a gross combination vehicle weight rating of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating of more than 10,000 pounds;
(2) If the vehicle has a gross vehicle weight rating of more than 26,001 pounds or more;
(3) If the vehicle is designed to transport sixteen or more passengers, including the driver; or
(4) If the vehicle is of any size transporting hazardous materials, as defined in this subchapter.
CONVICTION. An unvacated adjudication of guilt; a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal or proceeding; 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 or 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.
DISQUALIFICATION. Any of the following three actions:
(1) The suspension, revocation or cancellation of a driver’s license by the state or jurisdiction of issuance;
(2) Any withdrawal of a person’s privilege to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control other than parking or vehicle weight, except as to violations committed by a special permittee on the coal resource transportation system or vehicle defect violations; or
(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. part 391.
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 § 74.30 of this chapter, 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’s 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. Any operator of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to drive a commercial motor vehicle for an employer.
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 law enforcement officer, an authorized enforcement officer of a federal, state, Canadian, Mexican, county or local jurisdiction, including any special agent of the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. §§ 386.72, 392.5, 395.13 and 396.9, or compatible laws or the North American uniform out-of-service criteria that an imminent hazard exists.
VIOLATION OF AN OUT-OF-SERVICE ORDER.
(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.
(Prior Code, § 353.01)
Statutory reference:
Related provisions, see W.Va. Code § 17E-1-3