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.
