29- 250 C.M.R. ch. 6, § 2

Current through 2024-51, December 18, 2024

Section 250-6-2 - Definitions

For the purpose of these rules the following definitions apply:

A. Commercial driver's license means a license issued by this state or other jurisdiction to an individual which authorizes the individual to operate a class of commercial motor vehicle.

B. Chemical test means a test or tests used to determine blood-alcohol level or drug concentration by analysis of blood, breath or urine.

C. Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles that:

1 Has a gross combination weight rating or a registered weight of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating or gross weight of more than 10,000 pounds; or

2 Has a gross vehicle weight rating or registered weight of 26,001 or more pounds;

3 Is a bus; or

4 Is in any vehicle weight class and used in the transportation of hazardous materials requiring placarding pursuant to 49 USC Section 5102(2) [United States Code, 2000 Edition, Supplement 1] and related regulations in 49 CFR Sections 172.500 to 172.600 [Code of Federal Regulations, October 1, 2004 Edition] or any quantity of material listed as a select agent or toxin in 42 CFR Sections 73 to 73.2 [Code of Federal Regulations, October 1, 2004 Edition].

D. Controlled substance means any substance so classified pursuant to 21 USC Section 802(6) [United States Code, 2004 Edition, Supplement 1, and includes all substances listed on Schedules I through V in 21 CFR Sections 1308.11 to 1308.15 [Code of Federal Regulations, April 1, 2005 Edition].

E. Conviction has the same meaning as that found in 49 CFR Section 383.5 [Code of Federal Regulations, October 1, 2004 Edition].

F. Drugs means scheduled drugs as defined in 17-A MRSA Section1101 as amended through June 18, 2005. The term drugs includes any natural or artificial chemical substance that when taken into the human body, can impair the ability of the person to safely operate a motor vehicle.

G. Hazardous material has the same meaning as that found in 49 USC Section 5102 [United States Code, 2000 Edition, Supplement 1] and includes any quantity of material listed as a select agent or toxin in 42 CFR Sections 73 to 73.21 [Code of Federal Regulations, October 1, 2004 Edition].

H. Non-commercial motor vehicle (Non-CMV) means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" by these rules.

I. Out-of-service order means a declaration by the Federal Motor Carrier Safety Administration, an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operating, is out-of-service pursuant to 49 CFR Sections 383.52, 392.5, 395.13, or 396.9 of [Code of Federal Regulations, October 1, 2004 Edition], or compatible laws, or the North American Uniform Out-of Service Criteria [Commercial Motor Vehicle Safety Alliance, North American Standard Out-Of-Service criteria, Revised April 1, 2005].

J. Railroad, grade, or track crossing violation means a conviction, adjudication or administrative determination that a person violated a federal, state or local law or regulation governing railroad, grade, or track crossings.

K. Serious traffic violation means:

1 a conviction or adjudication for speeding 15 or more miles per hour above the speed limit.

2 a conviction or adjudication for driving to endanger or reckless driving.

3 a conviction or adjudication for following too closely.

4 a conviction or adjudication for improper or erratic lane changes.

5 a conviction or adjudication relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal traffic accident.

6 a conviction or adjudication for operating without a license, including operating without the proper class of license or proper endorsement.

7 a conviction or adjudication for operating without having a license in immediate possession.

Serious traffic violations exclude vehicle weight and defect violations.

L. Under the influence of intoxicating liquor or drugs means being under the influence of alcohol, a drug other than alcohol, a combination of drugs , or a combination of alcohol and drugs.

29- 250 C.M.R. ch. 6, § 2