Rhode Island Code of Regulations › Title 280 - Department of Revenue › Chapter 30 - Division of Motor Vehicles › Subchapter 05 - Licensing › Part 1 - Rules and Regulations Governing Applicants for Commercial Driver's Licenses, Permits, Renewals and Endorsements › Section 280-RICR-30-05-1.4 - Definitions

Current through June 14, 2024
A. For the purposes of this Part, the
				 following terms shall have the following meaning:
1. "Act" means the Administrative Procedures
				 Act, R.I. Gen. Laws Chapter 42-35.
2. "Administrator" means the Administrator or
				 Chief of the Division of Motor Vehicles.
3. "Applicant" means any person who applies
				 to the Division of Motor Vehicles for a commercial driver's license, renewal,
				 permit or endorsement.
4.
				 "Application" means an official Division of Motor Vehicles' application for
				 commercial driver's license, renewal, permit or endorsement.
5. "Commercial motor vehicle" or "CMV" means
				 a motor vehicle or combination of vehicles used to transport passengers or
				 property if the motor vehicle:
a. Has a gross
				 combination weight rating of twenty-six thousand one (26,001) or more pounds,
				 of a towed unit(s) with a gross vehicle weight rating of more than ten thousand
				 (10,000) pounds, or has a gross vehicle weight rating of twenty-six thousand
				 one (26,001) or more pounds;
b. Is
				 designed to transport sixteen (16) or more passengers including the driver;
				 or
c. Is transporting hazardous
				 materials as defined in these Regulations. (R.I. Gen. Laws §
												31-10.3-3)
6. "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 condition of release without bail, regardless of whether
				 or not the penalty is rebated, suspended, or probated. See, R.I. Gen. Laws
				 §
											31-10.3-3(11).
7. "Department" means the State of Rhode
				 Island Department of Revenue, a department in the executive branch of state
				 government that is located at One Capitol Hill, Providence, Rhode Island 02908,
				 or any successor Department.
8.
				 "Director" means the Director of the State of Rhode Island Department of
				 Revenue, or any successor Department.
9. "Division" or "DMV" means the division
				 that exists within the State of Rhode Island Department of Revenue or any
				 successor Department, pursuant to R.I. Gen. Laws §
											42-142-1.
10. "Disqualification" means withdrawal of
				 the privilege to drive a commercial motor vehicle due to:
a. The suspension, revocation, or
				 cancellation of a commercial driver's license by the state or jurisdiction of
				 issuance; or
b. Any withdrawal of a
				 person's privileges to drive a commercial motor vehicle by a state or other
				 jurisdiction 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); or
c. A
				 determination by the Federal Motor Carrier Safety Administration that a person
				 is not qualified to operate a commercial motor vehicle under  49 C.F.R. §
													391.
11. "Endorsement"
				 means an authorization on an individual's commercial driver's license required
				 to permit the individual to operate certain types of commercial motor
				 vehicles.
12. "Hazardous materials"
				 means any material that has been designated as hazardous under
				  49 U.S.C. §
												5103  and is required to be placarded under
				 subpart F of  49 C.F.R. §
												172  or any quantity of a material listed as a
				 select agent or toxin in  42 C.F.R. §
												73.
13. "Hearing" means any contested case that
				 is brought before the Administrator of the Division of Motor
				 Vehicles.
14. "License" means a
				 Commercial Driver's License (CDL), a license issued in accordance with state
				 and federal standards which allows the license holder to operate a specified
				 class of commercial motor vehicle.
15. "Medical Advisory Board" means an
				 advisory panel established pursuant to R.I. Gen. Laws §
											31-10-44.
				 When any person's eligibility or continuing eligibility for a license is
				 questioned on the grounds of physical or mental fitness, the Administrator of
				 the Division of Motor Vehicles may consult with relevant specialist members of
				 the Medical Advisory Board in determining that person's qualifications to
				 operate a motor vehicle.
16.
				 "Moving violation" means any violation of the law committed by the driver of a
				 vehicle, while the vehicle is in motion.
17. "Permit" means a commercial driver's
				 permit issued in accordance with state and federal standards which allows the
				 permit holder to operate a specified class of commercial motor vehicle under
				 specified conditions.
18. "Person"
				 means any individual, partnership, corporation, limited liability company,
				 association, governmental subdivision, public or private organization or any
				 other entity however formed.
19.
				 "Renewal" means the reissuance of a license, permit or endorsement, the term of
				 which has expired.