Ind. Admin. Code tit. 140, r. 7-1.1-1 – Definitions

Affected: IC 3-5-2-42.5; IC 9-13-2; IC 9-14.1; IC 9-24-3; IC 12-7-2-61

Sec. 1. (a) The definitions in this section apply throughout this article.

(b) "Bureau" has the meaning set forth in IC 9-13-2-16.

(d) "CDL learner's permit" or "CLP" has the meaning set forth in 49 CFR 383.5*.

(e) "CDL skills test" means a bureau or a certified CDL skills test examiner administered examination of a CDL or CDL endorsement applicant's skills as required by 49 CFR 383*.

(f) "Certified CDL skills test examiner" means a person who the bureau certifies and authorizes to administer a driving skills test to a [sic, an] applicant for a CDL.

(g) "Class" means a group as set forth in 49 CFR 383.91*.

(h) "Commercial driver's license" or "CDL" has the meaning set forth in 49 CFR 383.5*.

(i) "Commercial motor vehicle" or "CMV" has the meaning set forth in 49 CFR 383.5*.

(j) "Commission" has the meaning set forth in IC 9-13-2-32.

(k) "Commissioner" has the meaning set forth in IC 9-13-2-33.

(l) "Core knowledge exam" means a written test designed to verify an applicant's knowledge in the operation of a CMV as required by 49 CFR 383*.

(m) "Disqualification" means any of the following actions:

(1) The suspension, revocation, or cancellation of a CDL by the state or jurisdiction of issuance. A disqualification will be considered a suspension action when a person with a CDL is prohibited from operating a CMV for a determinate period of time due to the person having:
1. (A) been convicted; or
2. (B) refused to submit to a certified chemical test.
(2) A withdrawal of a person's privileges to drive a CMV by the state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control, other than:
1. (A) parking;
2. (B) vehicle weight; or
3. (C) vehicle defect;
violations.
(3) A determination by the Federal Motor Carrier Safety Administration or the state that a person:
1. (A) is not qualified to operate a CMV under 49 CFR Part 391*; or
2. (B) has committed an action that requires disqualification pursuant to 49 CFR 383*.

(n) "Driver's license" has the meaning set forth in IC 9-13-2-48.

(o) "Endorsement" has the meaning set forth in 49 CFR 383.5*.

(p) "Endorsement knowledge test" means a test designed to verify an applicant's knowledge in the operation of a specific type of CMV as required by 49 CFR 383*.

(q) "Full legal name" means, pursuant to 6 CFR 37.3*, an individual's:

(1) first name;
(2) middle name or names; and
(3) last name or surname;

without the use of initials or nicknames.

(r) "Gross combination weight rating" or "GCWR" has the meaning set forth in 49 CFR 383.5*.

(s) "Gross vehicle weight rating" or "GVWR" has the meaning set forth in 49 CFR 383.5*.

(t) "Incapacitated person" means an individual who:

(1) because of insanity, mental illness, mental deficiency, physical illness, or infirmity is unable to:
1. (A) manage, in whole or in part, the individual's property; or
2. (B) provide self-care;
or both; or
(2) has a developmental disability as defined in IC 12-7-2-61.

(u) "License branch" means the commission's branch offices authorized to perform the functions and conduct the transactions pursuant to IC 9-14.1.

(v) "Mobile home" has the meaning set forth in IC 9-13-2-103.2.

(w) "Motorcycle" has the meaning set forth in IC 9-13-2-108.

(x) "Motorcycle learner's permit" means a bureau issued permit that entitles a person to operate a motorcycle on Indiana highways subject to Indiana laws and regulations.

(y) "Motorcycle license endorsement" means an authorization placed on an existing driver's license that authorizes a person to operate a motorcycle on Indiana highways.

(z) "Motorcycle operational skills test" means the bureau approved standardized driving skills examination given by a state driver examiner or an approved examiner to determine whether a student has sufficient physical and mental ability to operate a motorcycle properly to qualify for a motorcycle license or motorcycle endorsement.

(aa) "Operator's license" means the driver's license issued under IC 9-24-3.

(bb) "Person" has the meaning set forth in IC 9-13-2-124.

(cc) "Qualified jurisdiction" means a country specified in 49 CFR 383.23(b)(1)(n.1)*.

(dd) "Residence" has the meaning set forth in IC 3-5-2-42.5.

(ee) "Resident" has the meaning set forth in IC 9-13-2-78.

(ff) "State" has the meaning set forth in IC 9-13-2-173.

(gg) "State driver examiner" means a commission designated person whose duties include the administration of driving skills tests on the commission's behalf.

(hh) "Visual screening" means an eye screening that the bureau administers to:

(1) license;
(2) permit; and
(3) endorsement;

applicants.

*These documents are incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Bureau of Motor Vehicles, Indiana Government Center North, Fourth Floor, 100 North Senate Avenue, Indianapolis, IN 46204.

(Bureau of Motor Vehicles; 140 IAC 7-1.1-1; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRA; filed Nov 12, 2009, 3:44 p.m.: 20091209-IR-140090169FRA; filed Nov 25, 2014, 3:50 p.m.: 20141224-IR-140140292FRA; filed Oct 5, 2017, 9:34 a.m.: 20171101-IR-140160492FRA; readopted filed Jun 28, 2023, 2:55 p.m.: 20230726-IR-140230399RFA; filed Oct 3, 2023, 10:03 a.m.: 20231101-IR- 140230394FRA)