29-250 C.M.R. ch. 170, § 1 - DEFINITIONS

Generally, unless the context clearly indicates otherwise, undefined terms used in this rule have the same meaning as in Title 29-A M.R.S.A.

1. APPLICATION: means the original or renewal application for the privilege of moving permitted vehicles on the public highways.

2. APPORTIONED OR PRORATED FOR THE STATE OF MAINE: means registration based on a proportional payment of registration fees determined through the IRP which includes a fair allotment for Maine.

3. B-TRAIN DOUBLE: means a truck tractor semitrailer-semitrailer combination vehicle in which the two trailing units are connected with a B-train assembly. The B-train assembly is a rigid frame extension attached to the rear frame of a first semitrailer that allows for a 5th wheel connection point for a second semitrailer. The configuration has eight total axles arranged as follows: steering axle; tandem axle; tri-axle; tandem.

4. BEHAVIOR ANALYSIS AND SAFETY IMPROVEMENT CATEGORIES (BASICs): means the seven carrier and driver behavior categories used by the Federal Motor Carrier Safety Administration's Safety Measurement System (SMS) to quantify the on-road safety performance of carriers and drivers to identify candidates for interventions, discover and target specific safety problems unique to a carrier or driver, and monitor safety problems throughout the intervention process. The seven BASICs are as follows:

A. Unsafe Driving - operation of commercial motor vehicles by drivers in a dangerous or careless manner.

B. Fatigued Driving - operation of commercial motor vehicles by drivers who are ill, fatigued, or in non-compliance with the Hours of Service regulations.

C. Driver Fitness - operation of commercial motor vehicles by drivers who are unfit to operate a commercial motor vehicle due to lack of training, experience, or medical qualifications.

D. Controlled Substances/Alcohol - operation of commercial motor vehicles by drivers who are impaired due to alcohol, illegal drugs, and misuse of prescription or over-the-counter medications.

E. Vehicle Maintenance - failure to properly maintain a commercial motor vehicle.

F. Cargo-Related - failure to properly prevent shifting loads, spilled or dropped cargo, overloading, and unsafe handling of hazardous materials on a commercial motor vehicle.

G. Crash Indicator - commercial motor vehicle operation with a history or pattern of high crash involvement, including frequency and severity.

5. BUREAU: means the Maine Bureau of Motor Vehicles.

6. CARRIER: See MOTOR CARRIER.

7. COMBINATION (OF) VEHICLE(S): means a truck or truck tractor used in combination with a trailer(s) and/or a semitrailer(s).

8. COMMISSIONER: means the Commissioner of the Maine Department of Transportation, or any Deputy Commissioner of the Maine Department of Transportation.

9. COMPLIANCE, SAFETY, ACCOUNTABILITY (CSA): means the Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety in order to reduce crashes, injuries, and fatalities that are related to commercial motor vehicles. CSA uses inspection and crash results to measure safety performance and identify carriers whose behaviors could reasonably lead to crashes. The Safety Measurement System (SMS) quantifies the on-road safety performance of carriers and drivers and allows FMCSA to more effectively evaluate safety performance and address high-risk behavior with interventions specifically tailored to a carrier's safety problems.

10. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA): means the Federal Agency responsible for developing, compiling, and enforcing interstate motor carrier safety regulations. FMCSA establishes each motor carrier's safety rating, and advises each state of those carriers with unsatisfactory safety ratings.

11. FIFTH WHEEL: means the device mounted on a truck tractor or similar towing vehicle that interfaces with and couples to the upper coupler assembly of a semitrailer.

11a. FOUR-AXLE SEMITRAILER: means a semitrailer with a quad axle configuration. The distance between axle one and axle four of the quad group must be at least twelve (12) feet, but not more than sixteen (16) feet.

12. GROSS WEIGHT (GW): means the weight in pounds of an empty vehicle or axle plus the weight of the maximum load to be carried by the vehicle or axle.

13. GROSS VEHICLE WEIGHT (GVW): means the actual total weight of the vehicle and load.

14. GROSS VEHICLE WEIGHT RATING (GVWR): means the weight rating of the vehicle and maximum load as determined by the final stage manufacturer.

15. INTERNATIONAL FUEL TAX AGREEMENT (IFTA): means the base state fuel tax compact headquartered in the State of Arizona. See Chapter 165, Rules of the Secretary of State.

16. INTERNATIONAL REGISTRATION PLAN (IRP): means the uniform reciprocal agreement for the registration of commercial motor vehicles used in interstate commerce. The IRP provides for the proportional collection and distribution of jurisdictional registration fees based on the percentage of miles traveled in each member jurisdiction. See Chapter 162, Rules of the Secretary of State.

17. INTERSTATE COMMERCE: means trade, traffic, or transportation in the United States between:

A. a place in a State and a place outside of such State (including a place outside of the United States); or

B. places in a State through another State or a place outside of the United States.

18. MOTOR CARRIER SAFETY IMPROVEMENT PROCESS (MCSIP): means the data-driven process that uses current safety event information such as crashes, inspections, driver violations, compliance review data and other data to assess and monitor motor carrier safety performance. Safety events are assigned to the motor carrier responsible for the safety of the motor vehicle and are weighed according to severity, frequency and time since the occurrence. This FMCSA program is designed to improve the safety performance of carriers with demonstrated poor safety performance through accurate identification, performance monitoring and treatment.

19. MOTOR CARRIER: means a person (an individual, partnership, association, corporation, business trust, or any other organized group of individuals) who is responsible for the safety fitness of a commercial motor vehicle engaged in commerce on roads and highways.

20. MOTOR CARRIER MANAGEMENT INFORMATION SYSTEM (MCMIS): means the Federal Motor Carrier Safety Administration's (FMCSA) computerized systems whereby the FMCSA maintains a comprehensive record of the safety performance of the motor carriers and hazardous materials shippers who are subject to the Federal Motor Carrier Safety Regulations or Hazardous Materials Regulations.

21. MOTOR VEHICLE LAWS: means those laws concerning motor vehicles as found in Title 29-A M.R.S.A. and related rules.

22. OVERLIMIT PERMIT UNIT: means the unit within the Bureau of Motor Vehicles, Office of Motor Carrier Services with the authority and responsibility to routinely process CWL permits.

23. OWNER: means a person, firm, corporation, or other legal entity, other than a lien holder, holding legal title or legal possession to a vehicle.

24. OWNER/OPERATOR: means someone who owns a truck or truck tractor, but who leases the motor vehicle with driver to a motor carrier.

25. PERMIT OR CANADIAN WEIGHT LIMITS (CWL) PERMIT: means a credential authorizing travel at the approved weights and configurations for either Baileyville, Madawaska, or Van Buren. Each route requires a separate permit.

26. PERMIT VIOLATION: means any performance of an act outside the scope of the permit that is prohibited by federal or state statute, rule, regulation, or ordinance; or the failure to perform an act required by statute, rule, regulation, or ordinance, including traffic infractions.

27. PERMITTEE: means the entity to which a permit has been granted in accordance with this rule.

28. POWER UNIT: means the control and pulling vehicle for trailers and/or semitrailers.

29. REGISTERED WEIGHT (RW): means the weight for which a vehicle is licensed or registered within a particular jurisdiction.

30. REGISTRANT: means a person, firm, or corporation in whose name a vehicle is properly registered in compliance with all laws, rules, and policies relating to vehicle registration.

31. REGISTRATION: means the granting by a jurisdiction of the privilege to operate a vehicle on the public highways. Registration identifies a specific vehicle, and determines operational control of the vehicle.

32. REVOCATION: means the permanent termination of permit privileges for cause.

33. SAFETY MEASUREMENT SYSTEM (SMS): means the automated, data driven analytical system designed to quantify a motor carrier's relative performance in any of seven Behavior Analysis and Safety Improvement Categories (BASICs) using data from roadside inspections, including all safety-based violations, State-reported crashes, and the Federal motor carrier census. A carrier's measurement for each BASIC depends on the number of adverse safety events, the severity of violations or crashes, and when the adverse safety event occurred. More recent events are weighted more heavily. After a measurement is determined the carrier is placed in a peer group consisting of carriers with a similar number of safety events. The SMS computes a percentile ranking based on a 0-100 scale for each BASIC by comparing the carrier's measurement to the measurements of all other carriers in the peer group. A percentile rank of 100 indicates the worst performance. Carriers with percentiles above a certain threshold and meeting minimum data sufficiency requirements in a BASIC are targeted for specific safety interventions designed to reduce the at-risk behavior(s) that are frequently associated with commercial motor vehicle crashes.

34. SECRETARY: means the Maine Secretary of State, or any designee duly authorized to act on behalf of the Secretary of State to administer this rule.

35. SEMITRAILER: means a vehicle without motive power, designed to be drawn by a motor vehicle, and constructed so that some part of its weight and its load rests upon or is carried by the motor vehicle.

36. SERIOUS VIOLATION: means a violation where non-compliance is so severe that it requires immediate corrective action by a motor carrier (e.g., failing to implement an alcohol and/or controlled substance testing program) or a violation which relates directly to the carrier's management and/or operational controls and is indicative of breakdowns in a carrier's management controls (e.g., false report of records of duty status).

37. THREE AXLE SEMITRAILER: means a semitrailer with a rear tri-axle unit.

38. TITLE 29-A: any reference to Title 29-A means Title 29-A of the Maine Revised Statutes Annotated (M.R.S.A.).

39. TRAILER: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on tracks, and so constructed that no part of its weight and its load rests upon the towing vehicle.

40. TRUCK: means a motor vehicle designed and used primarily to carry property. A truck may be used to tow trailers and/or semitrailers.

41. TRUCK TRACTOR: means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn.

42. UNIFIED CARRIER REGISTRATION AGREEMENT (UCR AGREEMENT OR UCRA): means the interstate agreement developed under the UCR Plan governing the collection and distribution of registration information and UCR fees paid by motor carriers, motor private carriers, brokers, freight forwarders and leasing companies pursuant to 49 U.S.C. Section 14504a.

43. USDOT NUMBER: also known as a census number, means a motor carrier identification number issued by FMCSA, provided for under 49 CFR §390.19(h)(1). Safety events are accumulated under the carrier's or registrant's USDOT Number.

44. VEHICLE: means a device for conveyance of persons or property on a public or private way, excepting devices moved by human power or used exclusively upon rails or tracks.

45. VEHICLE IDENTIFICATION NUMBER (VIN): means the unique set of numbers and letters assigned to a vehicle by the manufacturer.

Notes

29-250 C.M.R. ch. 170, § 1