1.  ’Special mobile equipment’ means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including, but not limited to, scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and earth-moving equipment.

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2.  ’Special mobile equipment’ does not include house trailers, dump trucks, truck-mounted transit mixers, concrete pumpers, cranes or drill rigs with highway-rated tires or other vehicles designed for the transportation of persons or property to which machinery has been attached.

3.  The Director may make the final determination as to whether a vehicle not specifically enumerated in subsection 1 or 2 falls within this definition.

4.  The Department shall, by regulation, define ‘incidentally operated or moved upon a highway’ for purposes of this section.