29- 250 C.M.R. ch. 168, § 1

Current through 2024-51, December 18, 2024

Section 250-168-1 - DEFINITIONS

For the purpose of this chapter, the following terms are defined as follows:

1. APPLICATION: means the document prescribed by the United States Department of Transportation (USDOT) and the State of Maine to capture the census information required to obtain a USDOT number or update an existing USDOT number. See MOTOR CARRIER IDENTIFICATION REPORT MCSA-1.

2. BUREAU: means the Maine Bureau of Motor Vehicles.

3. COMMERCIAL MOTOR VEHICLE: means any self-propelled or towed motor vehicle used on a highway in interstate or intrastate commerce to transport passengers or property when the vehicle

A. Has a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), or registered gross vehicle weight exceeding 26,000 pounds, whichever is greater; or

B. Is used in combination with another vehicle or vehicles and the combined gross weight or gross vehicle weight rating exceeds 26,000 pounds; or

C. Is designed or used to transport more than 8 passengers, including the driver, for compensation; or

D. Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

E. Is used in transporting material found by the Secretary of the United States Department of Transportation (USDOT) to be hazardous under 49 U.S.C. § 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary of Transportation.

4. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA): means the agency of the United States Department of Transportation whose primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. FMCSA is responsible for developing, compiling, and enforcing interstate motor carrier safety regulations, monitoring a motor carrier's operating record and compliance with motor carrier safety regulations, and addressing operating and compliance deficiencies using various intervention methods up to and including fines and out-of-service orders.

5. FOR-HIRE MOTOR CARRIER: means a person engaged in the transportation of goods or passengers for compensation.

6. GROSS VEHICLE WEIGHT (GVW): means the actual total weight of the vehicle and load.

7. GROSS VEHICLE WEIGHT RATING (GVWR): means the weight rating of the vehicle and maximum load as determined by the final stage manufacturer.

8. INTRASTATE MOTOR CARRIER: means any person engaged in the business of transporting goods, property, or passengers by commercial motor vehicle upon any public highway between points within the State of Maine when the vehicle does not cross the state boundary line and the business is not part of commerce originating or terminating outside the State or the United States.

9. MOTOR CARRIER: means a for-hire motor carrier or private motor carrier. A motor carrier is responsible for the safety fitness of a commercial motor vehicle engaged in commerce on roads and highways.

10. MOTOR CARRIER IDENTIFICATION REPORT (Online Form MCSA-1, formally the MCS-150): means the online form used to gather the required information for the issuance of USDOT numbers or the update of existing USDOT census information.

11. PERSON: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate, or any other legal entity.

12. PRIVATE MOTOR CARRIER: means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.

13. REGISTERED WEIGHT: means the weight for which a vehicle is licensed or registered with the Maine Bureau of Motor Vehicles.

14. SECRETARY: means the Maine Secretary of State.

15. TRUCK: means a motor vehicle designed and used primarily to carry property. A truck may draw trailers and semitrailers.

16. TRUCK TRACTOR: means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn.

17. UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT): means the federal cabinet department of the United States government concerned with transportation whose mission is to ensure a fast, safe, efficient, accessible, and convenient transportation system to meet national interests.

18. USDOT NUMBER: also known as a census number, means a motor carrier identification number issued by the Federal Motor Carrier Safety Administration, as provided for under 49 C.F.R. § 390.19(h)(1).

29- 250 C.M.R. ch. 168, § 1