(1) ‘Commercial motor vehicle’ means a motor vehicle or combination of motor vehicles and one or more vehicles that:

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(a) Has a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of one or more towed units, with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater;

(b) Has a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more;

(c) Is designed to transport 16 or more persons, including the driver; or

(d) Is of any size and is used in the transportation of hazardous materials.

(2) Notwithstanding subsection (1) of this section, the term ‘commercial motor vehicle’ does not include the following:

(a) An emergency fire vehicle being operated by firefighters as defined in ORS § 652.050;

(b) Emergency vehicles being operated by qualified emergency service volunteers as defined in ORS § 401.358;

(c) A motor home used to transport or house, for nonbusiness purposes, the operator or the operator’s family members or personal possessions; or

(d) A recreational vehicle that is operated solely for personal use. [1989 c.636 § 2; 1991 c.185 § 1; 1991 c.676 § 1; 1999 c.359 § 1; 2007 c.387 § 1; 2009 c.395 § 3; 2009 c.718 § 27; 2011 c.470 § 1; 2013 c.237 § 48]