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; or

   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 family or his 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.

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.

Added by 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 November 1, 1997 (superseded document available); Amended by Laws 2002, HB 2302, c. 397, § 3, eff. November 1, 2002 (superseded document available).