Terms Used In Ohio Code > Chapter 4506 - Commercial Driver's Licensing

• Alcohol concentration: means the concentration of alcohol in a person's blood, breath, or urine. See Ohio Code 4506.01
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bond: includes an undertaking. See Ohio Code 1.02
• cancellation: means the annulment or termination by the bureau of motor vehicles of a driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege because it was obtained unlawfully, issued in error, altered, or willfully destroyed, or because the holder no longer is entitled to the license, permit, or privilege. See Ohio Code 4510.01
• commercial motor vehicle: means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

  (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;

  (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;

  (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;

  (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;

  (5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C. See Ohio Code 4506.01

• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means all of the following:

  (1) Any substance classified as a controlled substance under the "Controlled Substances Act" 80 Stat. See Ohio Code 4506.01

• Conviction: A judgement of guilt against a criminal defendant.
• 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, 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. See Ohio Code 4506.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Disqualification: means any of the following:

  (1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle;

  (2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;

  (3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C. See Ohio Code 4506.01

• Domiciled: means having a true, fixed, principal, and permanent residence to which an individual intends to return. See Ohio Code 4506.01
• Downgrade: means any of the following, as applicable:

  (1) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's self-certified status as described in division (A)(1) of section 4506. See Ohio Code 4506.01

• Drive: means to drive, operate, or be in physical control of a motor vehicle. See Ohio Code 4506.01
• Driver: means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. See Ohio Code 4506.01
• Drug of abuse: means any controlled substance, dangerous drug as defined in section 4729. See Ohio Code 4506.01
• Electronic device: includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text. See Ohio Code 4506.01
• Eligible unit of local government: means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census. See Ohio Code 4506.01
• Employer: means any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle. See Ohio Code 4506.01
• Endorsement: means an authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle. See Ohio Code 4506.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Farm truck: means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923. See Ohio Code 4506.01
• Fatality: means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death. See Ohio Code 4506.01
• Felony: means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed. See Ohio Code 4506.01
• Foreign jurisdiction: means any jurisdiction other than a state. See Ohio Code 4506.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gross vehicle weight rating: means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. See Ohio Code 4506.01
• Hazardous materials: means any material that has been designated as hazardous under 49 U. See Ohio Code 4506.01
• Imminent hazard: means the existence of a condition 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. See Ohio Code 4506.01
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Medical variance: means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate:

  (1) An exemption letter permitting operation of a commercial motor vehicle under 49 C. See Ohio Code 4506.01

• Mobile telephone: means a mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C. See Ohio Code 4506.01
• Motor vehicle: means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. See Ohio Code 4506.01
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C. See Ohio Code 4506.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Property: means real and personal property. See Ohio Code 1.59
• Recreational vehicle: includes every vehicle that is defined as a recreational vehicle in section 4501. See Ohio Code 4506.01
• Residence: means any person's residence determined in accordance with standards prescribed in rules adopted by the registrar. See Ohio Code 4506.01
• Rule: includes regulation. See Ohio Code 1.59
• Serious traffic violation: means any of the following:

  (1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506. See Ohio Code 4506.01

• State: means a state of the United States and includes the District of Columbia. See Ohio Code 4506.01
• suspension: means the permanent or temporary withdrawal, by action of a court or the bureau of motor vehicles, of a driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for the period of the suspension or the permanent or temporary withdrawal of the privilege to obtain a license, permit, or privilege of that type for the period of the suspension. See Ohio Code 4510.01
• Tank vehicle: means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more. See Ohio Code 4506.01
• Tester: means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506. See Ohio Code 4506.01
• Texting: means manually entering alphanumeric text into, or reading text from, an electronic device. See Ohio Code 4506.01
• Texting while driving: means texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. See Ohio Code 4506.01
• United States: means the fifty states and the District of Columbia. See Ohio Code 4506.01
• Upgrade: means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506. See Ohio Code 4506.01
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02