Section 380.1010  Definitions

As used in this Part:

"Alcohol or alcoholic beverage" means:

Beer as defined in 26 USC 5052(a) (Internal Revenue Code of 1954);

Wine of not less than one-half of one per centum of alcohol by volume; or

Distilled spirits as defined in section 5002(a)(8) of the Internal Revenue Code.  (49 CFR 383.5, October 1, 2006)

"Classroom instructor" means a qualified longer combination vehicle (LCV) driver-instructor who provides knowledge and instruction that does not involve the actual operation of an LCV or its components.  Instruction may take place in a parking lot, garage, or any other facility suitable for instruction.  (49 CFR 380.105, October 1, 2006)

"Commercial driver's license" or "CDL" means a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383, to an individual that authorizes the individual to operate a class of a commercial motor vehicle.  (49 CFR 383.5, October 1, 2006)

"Commercial motor vehicle" or "CMV" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle –

Has a gross combination weight rating of 11,794 kilograms or more (26,001 pounds or more) inclusive of a towed unit(s) with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or

Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 pounds or more); or

Is designed to transport 16 or more passengers, including the driver; or

Is of any size and is used in the transportation of hazardous materials as defined in this Section.  (49 CFR 383.5, October 1, 2006)

"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 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 or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.  (49 CFR 383.5, October 1, 2006)

"Disqualification" means any of the following three actions:

The suspension, revocation, or cancellation of a CDL by the state or jurisdiction of issuance.

Any withdrawal of a person's privileges to drive a CMV by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).

A determination by the FMCSA that a person is not qualified to operate a CMV under 49 CFR 391.  (49 CFR 383.5, October 1, 2006)

"Driver's license" means a license issued by a state or other jurisdiction to an individual that authorizes the individual to operate a motor vehicle on the highways.  (49 FR 383.5, October 1, 2006)

"Employee" means any operator of a CMV, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a CMV) who are either directly employed by or under lease to an employer.  (49 CFR 383.5, October 1, 2006)

"Employer" means any person (including the United States, a state, District of Columbia or a political subdivision of a state) that owns or leases a CMV or assigns employees to operate such a vehicle.  (49 CFR 383.5, October 1, 2006)

"Endorsement" means an authorization to an individual's CDL required to permit the individual to operate certain types of CMVs.  (49 CFR 383.5, October 1, 2006)

"Entry-level driver" means a driver with less than one year of experience operating a CMV with a CDL in interstate or intrastate commerce.

"Entry-level driver training" means training the CDL driver receives in driver qualification requirements, hours of service of drivers, driver wellness, and whistle blower protection as appropriate to the entry-level driver's current position in addition to passing the CDL test.  (49 CFR 380.502, October 1, 2006)

"Hazardous materials" means any material that has been designated as hazardous under 49 USC 5103 and is required to be placarded under subpart F of 49 CFR 172 or any quantity of a material listed as a select agent or toxin in 42 CFR 73.  (49 CFR 383.5, October 1, 2006)

"Longer combination vehicle" or "LCV" means any combination of a truck-tractor and two trailers or semi-trailers that operates on the highways of Illinois with a gross vehicle weight (GVW) greater than 36,288 kilograms (80,000 pounds).

"LCV double" means an LCV consisting of a truck-tractor in combination with two trailers and/or semi-trailers.  (49 CFR 380.105, October 1, 2006)

"LCV triple" means an LCV consisting of a truck-tractor in combination with three trailers and/or semi-trailers. (49 CFR 380.105, October 1, 2006)

"Motor vehicle" means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power used on highways, except that this term does not include a vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail.  (49 CFR 383.5, October 1, 2006)

"Qualified LCV driver-instructor" means an instructor meeting the requirements contained in 49 CFR 380, subpart C.  There are two types of qualified LCV driver-instructors:  classroom instructor and skills instructor.  (49 CFR 380.105, October 1, 2006)

"Skills instructor" means a qualified LCV driver-instructor that provides behind-the-wheel instruction involving the actual operation of an LCV or its components outside a classroom.  (49 CFR 380.105, October 1, 2006)

"State" means a state of the United States and the District of Columbia.  (49 CFR 383.5, October 1, 2006)

"Tank vehicle" means any CMV that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis.  Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR 171.  However, this definition does not include portable tanks having a rated capacity under 1,000 gallons.  (49 CFR 383.5, October 1, 2006)

"Training institution" means any technical or vocational school accredited by an accrediting institution recognized by the U.S. Department of Education.  A motor carrier's training program for its drivers or an entity that exclusively offers services to a single motor carrier is not a training institution.  (49 CFR 380.105, October 1, 2006)

"Vehicle" means a motor vehicle unless otherwise specified.  (49 CFR 383.5, October 1, 2006)

(Source:  Amended at 32 Ill. Reg. 10359, effective June 25, 2008)