1. A. A Class D motor vehicle is any motor vehicle or combination of vehicles which:

   1. 1. Regardless of weight:

      1. a. is marked and used as an authorized emergency vehicle, as defined in Section 1-103 of this title, or
      2. b. is designed and used solely as a recreational vehicle;
   2. 2. Is a single or combination vehicle with a gross combined weight rating of less than twenty-six thousand one (26,001) pounds;

   3. 3. Is a single or combination farm vehicle with a gross combined weight rating of more than twenty-six thousand one (26,001) pounds if:

      1. a. it is entitled to be registered with a farm tag and has a farm tag attached thereto,
      2. b. it is controlled and operated by a farmer, his or her family or employees,
      3. c. it is used to transport either agricultural products, farm machinery, farm supplies or any combination of those materials to or from a farm,
      4. d. it is not used in the operations of a common or contract motor carrier, and
      5. e. it is used within one hundred fifty (150) air miles of the person's farm or as otherwise provided by federal law; or

   4. 4. Is operated by a licensed driver employed by a unit of local government that operates a commercial motor vehicle within the boundaries of that unit of local government for the purpose of removing snow or ice from a roadway by plowing, sanding or salting, if:

      1. a. the properly licensed employee who ordinarily operates a commercial vehicle for these purposes is unable to operate the vehicle, or
      2. b. the employing governmental entity determines that a snow or ice emergency requires additional assistance.

2. B. A Class D Motor Vehicle shall not include any vehicle which is:

   1. 1. Designed to carry sixteen or more passengers, including the driver; or
   2. 2. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; provided, a farm vehicle, as defined in paragraph 3 of subsection A of this section, which is required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, shall be considered to be a Class D motor vehicle.

Laws 1990, HB 1989, c. 219, § 4, eff. January 1, 1991; Amended by Laws 1991, HB 1576, c. 162, § 1, emerg. eff. May 7, 1991; Amended by Laws 1991, HB 1762, c. 335, § 12, emerg. eff. June 15, 1991; Amended by Laws 1997, HB 1053, c. 193, § 5, eff. November 1, 1997 (superseded document available); Amended by Laws 2002, HB 2302, c. 397, § 3, eff. November 1, 2002 (superseded document available); Amended by Laws 2009, SB 1185, c. 388, § 1, eff. November 1, 2009 (superseded document available); Amended by Laws 2010, HB 2322, c. 228, § 1, eff. November 1, 2010 (superseded document available).