The following words and terms, when used in this chapter,
have the following meanings, unless the context clearly indicates
otherwise:
AC-Alcohol concentration-The
concentration of alcohol in a person's blood or breath. When expressed as a
percentage, the term means grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210 liters of breath.
Act-66 Pa.C.S. (relating to the Public
Utility Code).
Bus-A motor vehicle designed,
constructed and used for the transportation of passengers under certificates of
public convenience and necessity issued by the Commission in scheduled route or
in group or party service. For the purpose of this chapter, the designed
seating capacity of the bus shall be 16 or more passengers.
Business district-The territory
contiguous to and including a highway when within any 600 feet along the
highway there are buildings in use for business or industrial purposes,
including hotels, banks or office buildings, railroad stations and public
buildings which occupy at least 300 feet of frontage on one side or 300 feet
collectively on both sides of the highway.
Direct assistance-Transportation and
other relief services provided by a motor carrier or its drivers incident to
the immediate restoration of essential services-such as, electricity, medical
care, wastewater, water, telecommunications and telecommunication
transmissions-or essential supplies-such as, food and fuel. The term does not
include transportation related to long term rehabilitation of damaged physical
infrastructure or routine commercial deliveries after the initial threat to
life and property has passed.
Driveaway-towaway operation-An operation
in which a motor vehicle constitutes the commodity being transported and one or
more set of wheels of the vehicle being transported are on the surface of the
roadway during transportation.
Driver-A person who drives or is in
actual physical control of a vehicle.
Driving a vehicle while under the influence of
alcohol-Committing one or more of the following acts in a motor
vehicle:
(i) Driving a motor vehicle
while the person's alcohol concentration is .04% or more.
(ii) Driving under the influence of alcohol,
as prescribed by Commonwealth law.
(iii) Refusal to undergo testing required in
the enforcement of 49 CFR
392.5(a)(2) (relating to
intoxicating beverage).
Emergency-A hurricane, tornado,
storm-for example: thunderstorm, snowstorm, ice storm, blizzard, sandstorm, and
the like-high water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, mud slide, drought, forest fire, explosion, blackout or
other occurrence, natural or man-made, which interrupts the delivery of
essential services or essential supplies or otherwise immediately threatens
human life or public welfare, if the hurricane, tornado or other event results
in one of the following:
(i) A
declaration of an emergency by the President of the United States, the Governor
of a State or his authorized representatives having authority to declare
emergencies; or by other Federal, State or local government officials having
authority to declare emergencies.
(ii) A request by a police officer for tow
trucks to move wrecked or disabled vehicles.
Emergency relief-An operation in which a
motor carrier or driver of a motor vehicle is providing direct assistance to
supplement State and local efforts and capabilities to save lives or property
or to protect public health and safety as a result of an emergency as defined
in this section.
Employe-One or more of the
following:
(i) A driver of a motor
vehicle.
(ii) A mechanic.
(iii) A freight handler.
(iv) An individual, other than an employe,
who is employed by a motor carrier and who in the course of employment directly
affects motor vehicle safety.
Employer-A common or contract motor
carrier as regulated by the Commission.
Gross combination weight rating-The
value specified by the manufacturer as the loaded weight of a
combination.
Gross vehicle weight rating-The value
specified on the Federal weight certification label by the manufacturer as the
loaded weight of a single vehicle.
Gross weight-The combined weight of a
vehicle or combination of vehicles and its load excluding the driver's
weight.
Intermittent, casual or occasional
driver-A driver who in any period of 7 consecutive days is employed or
used as a driver by more than a single motor carrier.
Lightweight vehicle-A motor vehicle,
other than a vehicle that is being used to transport passengers for hire; or a
vehicle that is being used to transport hazardous materials of a type or
quantity that requires the vehicle to be marked or placarded under
49 CFR
177.823 (relating to marking and placarding
motor vehicles) that was one of the following:
(i) Manufactured on or after January 1, 1972,
and has a manufacturer's gross vehicle weight rating of 10,000 pounds or less,
in the case of a single vehicle, or a manufacturer's gross combination weight
rating of 10,000 pounds or less, in the case of an articulated
vehicle.
(ii) Manufactured before
January 1, 1972, and has a gross weight including its load and the gross weight
of a vehicle being towed by the motor vehicle of 10,000 pounds or
less.
Medical examiner-A person who is
licensed, certified or registered, in accordance with applicable state laws and
regulations, to perform physical examinations.
Motor carrier-Includes the
following:
(i)
Common carrier
by motor vehicle-Persons or corporations holding out or undertaking,
directly or indirectly, to transport property, or a class of property or
passengers between points within this Commonwealth by motor vehicle for
compensation, whether or not the owner or operator of the vehicle; or providing
or furnishing a motor vehicle with or without driver for transportation or for
use in transportation of property as described in this definition, and
including common carriers by rail, water or air and express or forwarding
public utilities insofar as the common carrier or the public utilities are
engaged in the motor vehicle operation, except as expressly exempted by the
act.
(ii)
Contract carrier
by motor vehicle-A person or corporation who or which provides or
furnishes transportation of property, or a class of property or passengers,
between points within this Commonwealth by motor vehicles for compensation
whether or not the owner or operator of the motor vehicle, or who or which
provides or furnishes with or without driver a motor vehicle for the
transportation or for use in the transportation other than as a common carrier
by motor vehicle, except as expressly exempted by the act.
Motor vehicle-A vehicle, machine,
tractor, trailer or semitrailer propelled or drawn by mechanical power and used
upon the highways in the transportation of passengers or property, or a
combination thereof. The term includes a truck, truck tractor or combination
having a gross vehicle weight rating or registered gross weight in excess of
10,000 pounds, and a vehicle defined as a bus in this section. For purposes of
§
37.205(1)
(relating to additions or modifications to 49 CFR), this definition does not
apply. See the definition in §
37.205(1)(ii)(C).
Operator-See definition of "driver" in
this section.
Out-of-service order-A declaration by an
enforcement officer employed by the Commission that a driver or a motor vehicle
is out-of-service under §
37.205(6)(ii),
(7)(i) or the Commission's Out-of-Service
Criteria.
Person-A natural person, firm,
copartnership, association or corporation.
Principal place of business-A single
location designated by the motor carrier, normally its headquarters, where
records required by this chapter will be maintained. Provisions in this chapter
are made for maintaining certain records at locations other than the principal
place of business.
Regularly employed driver-A driver who,
in a period of 7 consecutive days is employed or used as a driver solely by a
single motor carrier.
Residence district-The territory
contiguous to and including a highway not comprising a business district when
the property on the highway for a distance of 300 feet or more is in the main
improved with residences or residences and buildings in use for
business.
Trailer-The term includes:
(i)
Full trailer-A trailer
so constructed that no part of its weight rests upon the towing vehicle. The
term includes a semitrailer attached to a towing vehicle by means of an
auxiliary front axle or dolly.
(ii)
Pole trailer-A motor vehicle which is designed to be drawn by
another motor vehicle and attached to the towing vehicle by means of a reach or
pole, or by being boomed or otherwise secured to the towing vehicle, for
transporting long or irregularly shaped loads such as poles, pipes or
structural members, which generally are capable of sustaining themselves as
beams between the supporting connections.
(iii)
Semitrailer-A trailer
so constructed that some part of its weight rests upon or is carried by the
towing vehicle.
Truck-A motor vehicle designed, used or
maintained primarily for the transportation of property.
Truck tractor-A motor vehicle designed
and used primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the weight of the vehicle and load so
drawn.
Vehicle-Every device in, upon or by
which a person or property is or may be transported or drawn upon a highway,
except devices used exclusively upon rails or tracks.
