Iowa Administrative Code › Agency 761 - Transportation Department › Driver Licenses › Chapter 607 - Commercial Driver Licensing › Rule 761-607.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section 321.1 apply to this
				  chapter of rules. In addition, the following definitions are adopted:
"Air brake system"
means a system that uses
				  air as a medium for transmitting pressure or force from the driver's control to
				  the service brake. "Air brake system" shall include any braking system
				  operating fully or partially on the air brake principle.
"Air over hydraulic brakes"
means any
				  braking system operating partially on the air brake and partially on the
				  hydraulic brake principle.
"Automatic transmission"
means any
				  transmission other than a manual transmission.
"CDLIS"
means "commercial driver's license
				  information system" as defined in Iowa Code section 321.1.
"Commercial driver's license downgrade"
or
"CDL downgrade"
means the same as defined in  49 CFR Section 383.5  (October 1, 2023).
"Commercial motor vehicle"
or
"CMV"
as defined in Iowa Code section 321.1 does not include a
				  motor vehicle designed as off-road equipment rather than as a motor truck, such
				  as a forklift, motor grader, scraper, tractor, trencher or similar
				  industrial-type equipment. "Commercial motor vehicle" also does not include
				  self-propelled implements of husbandry described in Iowa Code subsection
				  321.1(32).
"Controlled substance"
as used in Iowa Code
				  section 321.208 means a substance defined in Iowa Code section 124.101.
"Hazardous materials"
means any material
				  that has been designated as hazardous under  49 U.S.C. Section 5103  and is
				  required to be placarded under  49 CFR Part 172, Subpart F, or any quantity of a
				  material listed as a select agent or toxin in  42 CFR Part 73.
"Manual transmission"
means a transmission
				  utilizing a driver-operated clutch that is activated by a pedal or lever and a
				  gear-shift mechanism operated either by hand or by foot. All other
				  transmissions, whether semi-automatic or automatic, will be considered
				  automatic.
"Medical examiner"
means a person who is
				  licensed, certified or registered, in accordance with applicable state laws and
				  regulations, to perform physical examinations. The term includes but is not
				  limited to doctors of medicine, doctors of osteopathy, physician assistants,
				  advanced registered nurse practitioners, and doctors of chiropractic.
"Medical examiner's certificate"
means a
				  certificate completed and signed by a medical examiner under the provisions of
				   49 CFR Section 391.43.
"Medical variance"
means a driver has
				  received one of the following 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 pursuant to  49 CFR Part 381, Subpart C, or  49 CFR Section 391.62, or  49 CFR Section 391.64.
2. A skill performance evaluation certificate
				permitting operation of a commercial motor vehicle pursuant to  49 CFR Section 391.49.
"National drug and alcohol clearinghouse"
means the database maintained by the Federal Motor Carrier Safety
				  Administration as defined in  49 CFR Section 382.107  (October 1, 2023).
"Passenger vehicle"
means either of the
				  following:
1. A motor vehicle designed
				to transport 16 or more persons including the operator.
2. A motor vehicle of a size and design to
				transport 16 or more persons including the operator which is redesigned or
				modified to transport fewer than 16 persons with disabilities. The size of a
				redesigned or modified vehicle shall be any such vehicle with a gross vehicle
				weight rating of 10,001 or more pounds.
"School bus"
means a commercial motor
				  vehicle used to transport pre-primary, primary, or secondary school students
				  from home to school, from school to home, or to and from school-sponsored
				  events unless otherwise provided in Iowa Code section 321.1(69). "School bus"
				  does not include a bus used as a common carrier.
"Self-certification"
means a written
				  certification of which category of type of driving an applicant for a
				  commercial driver's license engages in or intends to engage in, from the
				  following categories:
1. Non-excepted
				interstate. The person certifies that the person operates or expects to operate
				in interstate commerce, is both subject to and meets the qualification
				requirements under  49 CFR Part 391, and is required to obtain a medical
				examiner's certificate by  49 CFR Section 391.45.
2. Excepted interstate. The person certifies
				that the person operates or expects to operate in interstate commerce, but
				engages exclusively in transportation or operations excepted under  49 CFR Section 390.3(f), 391.2, 391.68 or 398.3  from all or parts of the qualification
				requirements of  49 CFR Part 391, and is therefore not required to obtain a
				medical examiner's certificate by  49 CFR Section 391.45.
3. Non-excepted intrastate. The person
				certifies that the person operates only in intrastate commerce and is subject
				to state driver qualification requirements.
4. Excepted intrastate. The person certifies
				that the person operates only in intrastate commerce, but engages exclusively
				in transportation or operations excepted from all or parts of the state driver
				qualification requirements as set forth in Iowa Code section 321.449.
"State,"
as used in this chapter and in
				  "another state" in Iowa Code subsection 321.174(2), "former state of residence"
				  in Iowa Code subsection 321.188(5), or "any state" in Iowa Code subsection
				  321.208(1), means one of the United States or the District of Columbia unless
				  the context means the state of Iowa.
This rule is intended to implement Iowa Code sections 321.1,
				  321.174, 321.188, 321.191, 321.193, 321.207 and 321.208.