As Amended
SEC. 63-1-75. Definitions.
The following words, as used in this article, shall have the meanings herein ascribed unless the context clearly requires otherwise:
(a) "Alcohol" means any substance containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath or urine. When expressed as a percentage it means:
(i) The number of grams of alcohol per one hundred (100) milliliters of blood; or
(ii) The number of grams of alcohol per two hundred ten (210) liters of breath; or
(iii) The number of grams of alcohol per sixty-seven (67) milliliters of urine;
(c) "Commercial driver's license" means a license issued in accordance with the requirements of this article to an individual which authorizes the individual to drive a Class A, B or C commercial motor vehicle;
(d) "Commercial Driver License Information System" means the information system established pursuant to the CMVSA to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;
(e) "Commercial driver instruction permit" means a permit issued pursuant to Section 63-1-79;
(f) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property:
(i) If the vehicle has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds, or such lesser rating as determined by applicable federal regulations; or
(ii) If the vehicle is designed to transport sixteen (16) or more passengers, including the driver; or
(iii) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Hazardous Materials Transportation Act, 49 Code of Federal Regulations, Part 172, Subpart F;
(g) "Controlled substance" means any substance so classified under Section 102(6) of the Controlled Substances Act, 21 USCS 802(6), and includes all substances listed on Schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time, any substance so classified under Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, and any other substance which would impair a person's ability to operate a motor vehicle;
(h) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or 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 or tribunal, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;
(i) "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, including a suspension, cancellation or revocation of a person's driver's license or driving privileges and an out-of-service order;
(j) "Drive" means to drive, operate or be in physical control of a motor vehicle;
(k) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle or who is required to hold a commercial driver's license;
(l) "Driver's license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle;
(m) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term of one (1) year or more;
(n) "Foreign jurisdiction" means any jurisdiction other than a state or the United States;
(o) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The gross vehicle weight rating of a combination (articulated) vehicle (commonly referred to as the "gross combination weight rating") is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of the towed unit or units;
(p) "Hazardous materials" has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act, 49 Appx. USCS 1801 et seq.;
(q) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power, motorized wheelchairs and electric assistive mobility devices, as such term is defined in Section 63-3-103;
(r) "Nonresident commercial driver's license" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;
(s) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle;
(t) "Serious traffic violation" means a conviction when operating a commercial motor vehicle of:
(i) Excessive speeding, involving a single charge of any speed fifteen (15) miles per hour or more above the posted speed limit or such other minimum speed above the posted speed limit as prescribed by the CMVSA or federal regulations promulgated pursuant thereto;
(ii) Reckless driving as defined under state or local law;
(iii) A violation of any state or local law related to motor vehicle traffic control resulting in a fatal accident other than a parking violation, a vehicle weight violation or a vehicle defect; or
(iv) Any other violation of a state or local law which the United States Secretary of Transportation determines by regulation to be a serious traffic violation under the CMVSA;
(u) "State" means a state of the United States and the District of Columbia;
(v) "United States" means the fifty (50) states and the District of Columbia.
SOURCES: Laws, 1989, ch. 482, Sec. 3; Laws, 2003, ch. 485, § 8, HB 1184, eff from and after July 1, 2003.
PREVIOUS VERSIONS: Pre-2003