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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIV PUBLIC WAYS AND WORKS
  • CHAPTER 90F UNIFORM OPERATION OF COMMERCIAL MOTOR VEHICLES ACT
  • Section 1 Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—

“Alcohol”, any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol.

“Alcohol concentration”, the number of grams of alcohol per one hundred milliliters of blood; or the number of grams of alcohol per two hundred and ten liters of breath; or the number of grams of alcohol per sixty-seven milliliters of urine.

“Commerce”, (1) any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside the United States; and (2) trade, traffic and transportation in the United States which affects any trade, traffic and transportation described in clause (1).

“Commercial driver license system” (CDLIS), the information system established pursuant to the CMVSA-86 (Title XII, Public Law 99-570) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle operators.

“Commercial motor vehicle”, a motor vehicle used in commerce designed or used to transport passengers or property which has a gross vehicle weight rating of twenty-six thousand and one or more pounds or such lesser rating as determined by federal regulation, or which is designed to transport more than 16 passengers, including the driver; or which transports hazardous materials and is required to be placarded in accordance with 49 CFR part 172, sub-part F. For purposes of section nine, “commercial motor vehicle” shall include any vehicle described in 49 CFR part 383.5, as well as any vehicle described in regulations promulgated by the registrar that adopt the applicable federal regulations.

“Controlled substance”, any substance classified as a controlled substance under section 102(6) of the Controlled Substances Act (21 U.S.O. 802(6), including all substances listed on Schedules I through V of 21 CFR Part 1308.

“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; in an administrative proceeding, if the adjudication of guilt is within its jurisdiction; 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; the payment of a fine or court cost; or violation of a condition of release without bail; regardless of whether the penalty is rebated, suspended or probated.

“Disqualification”, a prohibition against operating a commercial motor vehicle.

“Driver license”, a license issued by the commonwealth to an individual to drive a motor vehicle.

“Employer”, any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial vehicle, or assigns a person to drive a commercial motor vehicle.

“Felony”, any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.

“Foreign jurisdiction”, any jurisdiction other than a state of the United States.

“Gross vehicle weight rating” (GVWR), the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. The GVWR of a combination (articulated vehicle) commonly referred to as the “gross combination weight rating” (or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer, the GVWR of a combination (articulated) vehicle is the GVWR of the power unit plus the total weight of the towed unit including the loads on them.

“Hazardous materials”, as defined under section 103 of the Hazardous Materials Transportation Act (49 App. USC 1801 et seq.) and any material that has been designated as hazardous under 49 CFR 383.5, including any material that has been designated hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73, as well as any material vehicle described in regulations promulgated by the registrar that adopt the applicable federal regulations.

“Learners permit to operate commercial motor vehicles”, a permit issued pursuant to section seven of this chapter.

“License to operate a commercial motor vehicle”, a license to operate a commercial motor vehicle issued in accordance with the requirements of this chapter and the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) to an individual authorizing him to operate a certain class of commercial motor vehicle.

“Motor vehicle”, any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, not including any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

“Nonresident CDL”, a license to operate a commercial motor vehicle issued by a state to an individual who resides in a foreign jurisdiction.

“Operate”, to operate or be in physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of sections ten and eleven, “operate” includes operation or physical control of a motor vehicle anywhere within the commonwealth.

“Operator”, 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.

“Out-of-service order”, a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is out-of-service pursuant to 49 CFR parts 386.72, 392.5, 395.13, 396.9, or any compatible law or the North American Uniform Out-of-Service Criteria.

“Registrar”, the registrar of motor vehicles.

“Serious traffic violation”, excessive speeding, improper or erratic traffic lane changes or following the vehicle ahead too closely as defined by the United States Department of Transportation by regulation; driving a commercial motor vehicle without obtaining a commercial driver license; driving a commercial motor vehicle without having a commercial driver license in possession; driving a commercial motor vehicle without the proper class or endorsement; operation under the influence of alcohol or drugs, operating to endanger or reckless driving, under the provisions of paragraphs (a) to (h), inclusive, of subdivision 1 of section twenty-four of chapter ninety; leaving the scene of a personal injury accident under section twenty-four of chapter ninety; homicide by a commercial motor vehicle under the provisions of section twenty-four G of said chapter ninety and causing serious bodily injury while operating a commercial motor vehicle while under the influence of intoxicating liquor or drugs under the provisions of section twenty-four L of said chapter ninety; any other violations of state law relating to motor vehicle traffic control which the registry determines by regulation to be serious. This definition shall include any and all major disqualifying offenses under 49 CFR 383.5, as well as offenses listed in regulations which the registrar may promulgate to reflect the definition of a serious traffic violation contained in any applicable federal statute or regulation.

“State”, a state of the United States and the District of Columbia.