27-23-103. Definitions.

27-23-103. Definitions. As used in this subchapter: (1) “Alcohol” or “alcoholic beverage” means: (A) Ethyl alcohol, or ethanol; (B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore; (C) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (D) Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; (2) “Blood alcohol concentration” means: (A) The number of grams of alcohol per one hundred milliliters (100 ml) of blood; (B) The number of grams of alcohol per two hundred ten liters (210 l) of breath; or (C) Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health; (3) “Commerce” means: (A) Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section; (4) “Commercial driver license” means a license issued in accordance with the requirements of this subchapter to an individual which authorizes the individual to drive a class of commercial motor vehicle; (5) “Commercial Driver License Information System” means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers; (6) “Commercial driver license record” means the electronic record of an individual commercial driver license holder's driver status and history stored by the Office of Driver Services as part of the Commercial Driver License Information System established under 49 U.S.C. § 31309, as in effect on January 1, 2011; (7)(A) “Commercial learner's permit” means a permit issued in accordance with the requirements of 49 C.F.R. part 383, as in effect on January 1, 2013, to an individual, that, when carried with a valid driver license authorizes the person to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver license for purposes of behind-the-wheel training. (B) When issued to a commercial driver license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver license is not valid; (8) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a: (A) Combination Vehicle (Group A) — having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; (B) Heavy Straight Vehicle (Group B) — having a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or (C) Small Vehicle (Group C) that does not meet Group A or B requirements under subdivision (8)(A) and (B) of this section but that either: (i) Is designed to transport sixteen (16) or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials; (9) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I-VI of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (10) “Conviction” or “convicted” means 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 or by an authorized administrative tribunal, 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, court cost, or court order, or violation of a condition of release without bail, regardless of whether or not the penalty was rebated, suspended, or prorated; (11) “Disqualification” means any of the following three (3) actions: (A) The suspension, revocation, or cancellation of a commercial driver license or commercial learner's permit by the office or jurisdiction of issuance; (B) A withdrawal of a person's privileges to drive a commercial motor vehicle by the office or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control except for parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle; (12) “Downgrade” means the removal of commercial driving privileges from a commercial driver license or commercial learner's permit by the office; (13) “Drive” means to drive, operate, or be in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic; (14) “Driver” means any person who drives, operates, or is in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic; (15) “Driver applicant” or “applicant” means any person who has applied to obtain, transfer, upgrade, or renew a commercial driver license or to obtain or renew a commercial learner's permit; (16) “Driver license” means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle; (17) “Driving a commercial motor vehicle while under the influence of alcohol” means committing any one (1) or more of the following acts in a commercial motor vehicle: (A) Driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more; (B) Driving or boating while intoxicated in violation of § 5-65-103; or (C) Refusal to undergo such testing as is required by § 5-65-202; (18) “Electronic device” means a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text; (19) “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle; (20) “Endorsement” means an authorization to a person's commercial learner's permit or commercial driver license required to permit the person to operate certain types of commercial motor vehicles; (21) “Excepted interstate” means a driver or applicant who operates or expects to operate a commercial motor vehicle in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, as in effect on January 1, 2011, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011; (22) “Excepted intrastate” means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011; (23) “Fatality” means the death of a person as a result of a motor vehicle accident; (24) “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year; (25) “Foreign jurisdiction” means any jurisdiction other than a state of the United States; (26)(A) “Gross combination weight rating” means the greater of: (i) The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or (ii) The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value. (B) The gross combination weight rating of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle; (27) “Gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle; (28) “Hazardous materials” means: (A) Any material that: (i) Has been designated as hazardous under 49 U.S.C. § 5103, as in effect on January 1, 2009; and (ii) Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or (B) Any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as in effect on January 1, 2009; (29) “Imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment; (30)(A) “Manual transmission” means a transmission using a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot. (B) “Manual transmission” does not include semiautomatic transmissions or automatic transmissions that are considered automatic for the purposes of the standardized restriction code; (31)(A) “Medical examiner” means a person who is licensed, certified, or registered under applicable state laws and regulations to perform physical examinations. (B) “Medical examiner” includes without limitation a doctor of medicine, a doctor of osteopathy, a physician's assistant, an advanced practice nurse, and a doctor of chiropractic; (32) “Medical variance” means the receipt by a driver of one (1) of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate: (A) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, as in effect on January 1, 2011, or 49 C.F.R. § 391.64, as in effect on January 1, 2011; and (B) A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 C.F.R. § 391.49, as in effect on January 1, 2011; (33)(A) “Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3, as in effect on January 1, 2013. (B) “Mobile telephone” does not include two-way or citizens band radio services; (34) “Motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that the term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail; (35) “Noncommercial driver license” or “non-CDL” means any other type of motor vehicle license, such as an automobile driver license, a chauffeur's license, or a motorcycle license; (36) “Nondomiciled commercial learner's permit” or “nondomiciled commercial driver license” means a commercial learner's permit or commercial driver license, respectively, issued by a state or other jurisdiction under either of the following two (2) conditions: (A) To a person domiciled in a foreign country meeting the requirements of 49 C.F.R. § 383.23(b)(1), as in effect on January 1, 2013; or (B) To a person domiciled in another state meeting the requirements of 49 C.F.R. § 383.23(b)(2), as in effect on January 1, 2013; (37) “Nonexcepted interstate” means a driver or applicant who: (A) Operates or expects to operate a commercial motor vehicle in interstate commerce; (B) Is subject to and meets the qualification requirements under 49 C.F.R. part 391, as in effect on January 1, 2011; and (C) Is required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011; (38) “Nonexcepted intrastate” means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but does not engage exclusively in transportation or operations as provided in 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, and is therefore required to obtain a medical examiner's certificate; (39) “Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver or motor carrier is temporarily prohibited from operating a commercial motor vehicle pursuant to § 27-23-113 or compatible laws, or that a commercial motor vehicle may not be operated; (40)(A) “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. (B) “School bus” does not include a bus used as a common carrier; (41) “Serious traffic violation” means a conviction when operating a commercial motor vehicle of: (A) Excessive speeding, involving a single offense for a speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit; (B) Reckless driving as defined by state or local law or regulation, including without limitation offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (C) Improper or erratic traffic lane changes; (D) Following the vehicle ahead too closely; (E)(i) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation. (ii) Serious traffic violations shall not include weight or defect violations; (F) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver license; (G)(i) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession. (ii) An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense; (H) Driving a commercial vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; (I) Driving while texting; or (J) Using a hand-held mobile telephone while driving; (42) “State” means a state of the United States and also means the District of Columbia; (43) (A) “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rating capacity of more than one hundred nineteen gallons (119 gals.) and an aggregate rated capacity of one thousand gallons (1,000 gals.) or more that is either permanently or temporarily attached to the vehicle or chassis. (B) “Tank vehicle” does not include a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons (1,000 gals.) or more that is temporarily attached to a flatbed trailer; (44) (A) “Texting” means manually entering alphanumeric text into, or reading text from, an electronic device. (B) “Texting” includes without limitation using a short message service, emailing, instant messaging, entering a command or request to access an internet page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. (C) “Texting” does not include: (i) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; (ii) Inputting, selecting, or reading information on a global positioning system or navigation system; or (iii) Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392; (45) “Third-party skills test examiner” means a person employed by a third-party tester who is authorized by the Division of Arkansas State Police to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (46)(A) “Third-party tester” means a person authorized by the Division of Arkansas State Police to employ skills test examiners to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013. (B) A “third-party tester” may include without limitation another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government; (47) “United States” means the fifty (50) states and the District of Columbia; and (48) “Use of a hand-held mobile telephone” means: (A) Using at least one (1) hand to hold a mobile telephone to conduct a voice communication; (B) Dialing or answering a mobile telephone by pressing more than a single button; or (C) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93, as in effect on January 1, 2013, and adjusted in accordance with the vehicle manufacturer's instructions.