Current as of: 2010 For purposes of sections 75-362 to 75-369.07, unless the context otherwise requires: (1) Accident means: (a) Except as provided in subdivision (b) of this subdivision, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle. (b) The term accident does not include: (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo; (2) Bulk packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment and which has: (a) A maximum capacity greater than one hundred nineteen gallons as a receptacle for a liquid; (b) A maximum net mass greater than eight hundred eighty-two pounds and a maximum capacity greater than one hundred nineteen gallons as a receptacle for a solid; or (c) A water capacity greater than one thousand pounds as a receptacle for a gas as defined in 49 C.F.R. 173.115; (3) Cargo tank means a bulk packaging that: (a) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures; (b) Is permanently attached to or forms a part of a motor vehicle or is not permanently attached to a motor vehicle but which, by reason of its size, construction, or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle; and (c) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank-car tanks, portable tanks, or tank cars; (4) Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle; (5) Commercial enterprise means any business activity relating to or based upon the production, distribution, or consumption of goods or services; (6) Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce or intrastate commerce to transport passengers or property when the vehicle: (a) Has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight of ten thousand one pounds or more, whichever is greater; (b) Is designed or used to transport more than eight passengers, including the driver, for compensation; (c) Is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or (d) Is used in transporting material found to be hazardous and such material is transported in a quantity requiring placarding pursuant to section 75-364; (7) Compliance review means an onsite examination of motor carrier operations, such as drivers' hours of service, maintenance and inspection, driver qualification, commercial driver's license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by motor carriers, or to investigate complaints or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action with penalties; (8) Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (a) Inclusions: Damage to motor vehicles that could have been driven but would have been further damaged if so driven. (b) Exclusions: (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts; (ii) Tire disablement without other damage even if no spare tire is available; (iii) Headlight or taillight damage; and (iv) Damage to turnsignals, horn, or windshield wipers which makes them inoperative; (9) Driver means any person who operates any commercial motor vehicle; (10) Elevated temperature material means a material which, when offered for transportation or transported in a bulk packaging: (a) Is in a liquid phase and at a temperature at or above two hundred twelve degrees Fahrenheit; (b) Is in a liquid phase with a flash point at or above one hundred degrees Fahrenheit that is
Laws 2006, LB 1007, § 14; Laws 2010, LB725, § 2; Laws 2010, LB805, § 12.Effective Date: July 15, 2010Note: The Revisor of Statutes has pursuant to section 49-769 corr ________________________________________________________________________
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