72-9-102 - Definitions.
72-9-102. Definitions.
As used in this chapter:
(1) (a) "Commercial vehicle" includes:
(i) an interstate commercial vehicle; and
(ii) an intrastate commercial vehicle.
(b) "Commercial vehicle" does not include the following vehicles for purposes of thischapter:
(i) equipment owned and operated by the United States Department of Defense whendriven by any active duty military personnel and members of the reserves and national guard onactive duty including personnel on full-time national guard duty, personnel on part-time training,and national guard military technicians and civilians who are required to wear military uniformsand are subject to the code of military justice;
(ii) firefighting and emergency vehicles, operated by emergency personnel, not includingcommercial tow trucks; and
(iii) recreational vehicles that are driven solely as family or personal conveyances fornoncommercial purposes.
(2) "Interstate commercial vehicle" means a self-propelled or towed motor vehicle usedon a highway in interstate commerce to transport passengers or property if the vehicle:
(a) has a gross vehicle weight rating or gross combination weight rating of 10,001 ormore pounds;
(b) is designed or used to transport more than eight passengers, including the driver, forcompensation;
(c) is designed or used to transport more than 15 passengers, including the driver, and isnot used to transport passengers for compensation; or
(d) (i) is used to transport materials designated as hazardous in accordance with 49U.S.C. Sec. 5103; and
(ii) is required to be placarded in accordance with regulations under 49 C.F.R., SubtitleB, Chapter I, Subchapter C.
(3) " Intrastate commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailerused or maintained for business, compensation, or profit to transport passengers or property on ahighway only within the boundaries of this state if the commercial vehicle:
(a) has a manufacturer's gross vehicle weight rating or gross combination weight ratingof 10,001 or more pounds;
(b) is designed to transport more than 15 passengers, including the driver; or
(c) is used in the transportation of hazardous materials and is required to be placarded inaccordance with 49 C.F.R. Part 172, Subpart F.
(4) "Motor carrier" means a person engaged in or transacting the business of transportingpassengers, freight, merchandise, or other property by a commercial vehicle on a highway withinthis state and includes a tow truck business.
(5) "Tow truck" means a motor vehicle constructed, designed, altered, or equippedprimarily for the purpose of towing or removing damaged, disabled, abandoned, seized, orimpounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line,dolly, tilt bed, or other means.
(6) "Tow truck service" means the functions and any ancillary operations associated withrecovering, removing, and towing a vehicle and its load from a highway or other place by means
of a tow truck.
(7) "Transportation" means the actual movement of property or passengers by motorvehicle, including loading, unloading, and any ancillary service provided by the motor carrier inconnection with movement by motor vehicle, which is performed by or on behalf of the motorcarrier, its employees or agents, or under the authority of the motor carrier, its employees oragents, or under the apparent authority and with the knowledge of the motor carrier.
Amended by Chapter 155, 2009 General Session