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   341.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Alcohol concentration" means 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" means a license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
   (c)   "Commercial motor vehicle" means 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 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 sixteen 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 sixteen passengers including the driver;
      (5)   Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;
      (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.
   (d)   "Controlled substance" means 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.A. 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.
   (e)   "Disqualification" means 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.
   (f)   "Drive" means to drive, operate or be in physical control of a motor vehicle.
   (g)   "Driver" means 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.
   (h)   "Driver's license" means a license issued by the Ohio Bureau of Motor Vehicles that authorizes an individual to drive.
   (i)   "Drug of abuse" means any controlled substance, dangerous drug as defined in Ohio 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.
   (j)   "Employer" means 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.
   (k)   “Farm truck” means 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 one hundred fifty 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 one hundred fifty 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 subsection and is not used in the operations of a motor transportation company or private motor carrier.
   (l)   "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.
   (m)   "Foreign jurisdiction" means any jurisdiction other than a state.
   (n)   "Gross vehicle weight rating" means 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.
   (o)   "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.
   (p)   "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.
   (q)   “Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that a driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
   (r)   “Public safety vehicle” has the same meaning as in divisions (E)(1) and (3) of Ohio R.C. 4511.01.
   (s)   “Recreational vehicle” includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.
   (t)   “School bus” has the same meaning as in Ohio R.C. 4511.01.
   (u)   "State" means a state of the United States and includes the District of Columbia.
   (v)   "United States" means the fifty states and the District of Columbia.
   (w)   "Vehicle" has the same meaning as in Ohio R.C. 4511.01.
      (ORC 4506.01)
   341.02 EXEMPTIONS.
   Section 341.02 has been deleted from the Codified Ordinances. Former Ohio R.C. 4506.02 from which Section 341.02 was derived was repealed by Am. Sub. H.B. No. 68, effective June 29, 2005. The exemptions are now contained in Section 341.03.
   341.03 PREREQUISITES TO OPERATION OF A COMMERCIAL MOTOR VEHICLE.
   (a)   Except as provided in subsections (b) and (c) of this section, the following shall apply:
      (1)   No person shall drive a commercial motor vehicle on a highway in this Municipality unless the person holds, and has in the person’s possession, a valid commercial driver’s license with proper endorsements for the motor vehicle being driven, issued by the Registrar of Motor Vehicles, a valid examiner’s commercial driving permit issued under Ohio R.C. 4506.13, a valid restricted commercial driver’s license and waiver for farm-related service industries issued under Ohio R.C. 4506.24, or a valid commercial driver’s license temporary instruction permit issued by the Registrar and is accompanied by an authorized state driver’s license examiner or tester or a person who has been issued and has in the person’s immediate possession a current, valid commercial driver’s license with proper endorsements for the motor vehicle being driven.
      (2)   No person who has been a resident of this State for thirty days or longer shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.
   (b)   Nothing in subsection (a) of this section applies to any qualified person when engaged in the operation of any of the following:
      (1)   A farm truck;
      (2)   Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, or joint fire district;
      (3)   A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;
      (4)   A recreational vehicle;
      (5)   A commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver’s license issued under Ohio R.C. Chapter 4506 and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance;
      (6)   A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio national guard. This exception does not apply to United States reserved technicians.
      (7)   A commercial motor vehicle that is operated for nonbusiness purposes. “Operated for nonbusiness purposes” means that the commercial motor vehicle is not used in commerce as “commerce” is defined in 49 C.F.R. 383.5, as amended, and is not regulated by the Public Utilities Commission pursuant to Ohio R.C. Chapter 4919, 4921, or 4923.
      (8)   A motor vehicle that is designed primarily for the transportation of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise.
      (9)   A police SWAT team vehicle.
      (10)   A police vehicle used to transport prisoners.
   (c)   Nothing contained in subsection (b)(5) of this section shall be construed as preempting or superseding any law, rule, or regulation of this State concerning the safe operation of commercial motor vehicles.
   (d)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.03)
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