(a) The Act and 49 C.F.R. Part 391 do not apply to utility, telephone, and cable television company service employees if those employees:
(1) Are not otherwise being used as regularly employed drivers.
(2) Are not used to operate a bus or a motor vehicle, except a motor home having a gross vehicle weight rating of 26,001 or more pounds, a motor vehicle towing a vehicle with a gross vehicle weight rating of more than 10,000 pounds, or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 C.F.R. Parts 100 to 180. This does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.
(b) The rules in 49 C.F.R. Part 395 apply to all drivers of commercial motor vehicles as defined in Section 21.5-01 except:
(1) Farm vehicle drivers as defined in 49 C.F.R. 390.5.
(2) Any driver of a public utility service vehicle when being used in cases of emergency. As used in this paragraph, "emergency" means any instance of loss of public utility service due to an unforeseen circumstance, a natural disaster, or an act of God. A declaration of emergency by a public official is not required to constitute an emergency under this paragraph.
(Ord. 97-10. Passed 11-5-97.)