Notwithstanding any other provision of this Traffic Code, for the purpose of this section, 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 for malt;
(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 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 DRIVER INSTRUCTION PERMIT. A permit issued pursuant to W. Va. Code § 17E-1-9(d).
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 16 or more passengers, including the driver; or
(4) If the vehicle is of any size transporting hazardous materials as defined in this section.
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. § 391 (2004).
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 § 72.290 of this subchapter, 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 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, 396.9, or compatible laws or the North American uniform out-of-service criteria that an imminent hazard exists.
TEXTING. Manually entering alphanumeric text into or reading text from an electronic device.
(1) This action includes, but is not limited to, short messaging service, e-mailing, instant messaging, and a command or request to access a world wide web page or engaging in any other form of electronic text retrieval or entry for present or future communication.
(2) TEXTING does not include:
(a) Reading, selecting, or entering a telephone number, an extension number or voice mail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;
(b) Inputting, selecting, or reading information on a global positioning system or navigation system; or
(c) Using a device capable of performing multiple functions including, but not limited to, fleet management systems, dispatching devices, smart phones, citizen band radios, or music players for a purpose that is not otherwise prohibited by this section.
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;
(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; or
(3) The operation of any commercial vehicle by a motor carrier operation after the carrier has been placed out of service.
(W. Va. Code § 17E-1-3)