Unless the context indicates otherwise, the words and phrases in this subchapter have the definitions set forth in this rule.

(1) "Department" means the Montana department of justice, unless otherwise specifically stated.

(2) "Division" means the division of motor vehicles, unless otherwise specifically stated.

(3) "Bureau" means the driver services bureau, unless otherwise specifically stated.

(4) "Examiner" means an employee of the bureau, assigned to perform the duties of examining drivers.

(5) "Commercial motor vehicle" means all vehicles or combinations of vehicles with a GCVWR of 26,001 lbs. or more, a school bus, or any other bus capable of hauling more than 15 passengers including the driver, or a vehicle used to transport hazardous materials if the vehicle transports such materials in a quantity requiring the display of hazardous materials placards under federal hazardous materials regulations, i.e., the vehicle has a GVWR of 10,001 lbs. or more. Any vehicle registered as a "farm vehicle" and paying the 16% gross vehicle weight fee is not considered a commercial motor vehicle. A recreational vehicle or R.V. is not considered a commercial motor vehicle unless it is used for commercial purposes.

(6) "Disqualification" is a status in which the holder of a commercial driver's license is no longer authorized to operate commercial vehicles as provided in 49 C.F.R., part 391.

(7) "Driver's license" or "class D license" means a license to operate normal passenger cars, light trucks, and other vehicles which are not commercial motor vehicles.

(8) "Endorsement" means an endorsement on a driver's license indicating that the driver meets the qualifications required to operate a vehicle other than a normal passenger car or light truck.

(a) "Commercial vehicle operator's endorsements" are issued in two types as follows:

(i) a "type 1 endorsement" authorizes operation of a commercial motor vehicle in interstate commerce;

(ii) a "type 2 endorsement" authorizes operation of a commercial motor vehicle within the state of Montana but does not include vehicles operated solely within the state of Montana which are engaged in "interstate commerce" as defined in 49 C.F.R., part 391.

(b) "Hazardous materials endorsement" is a separate endorsement required of all hazardous materials haulers and may accompany a type 1 or type 2 endorsement in class A, B or C.

(c) "Tank endorsement" is a separate endorsement required of all drivers who transport bulk liquid materials in tanks permanently or temporarily attached to the vehicle but shall not include portable tanks having a rated capacity under 1,000 gallons. The tank endorsement may accompany a type 1 or type 2 endorsement in class A, B, or C.

(d) "Passenger endorsement" is a separate endorsement required of all drivers who carry passengers while operating buses as described in item (9) classifications herein, and may accompany a type 1 or type 2 endorsement in class A, B, or C.

(e) Double/triple endorsement is a separate endorsement required of all drivers who pull double or triple trailers and may accompany a type 1 or type 2 endorsement in class A.

(9) "Classifications." Each type 1 or type 2 endorsement is classified as to the type of vehicle authorized to be driven, as follows:

(a) "Class A" authorizes driving any combination of two or more vehicles, including articulated buses with a GCVWR exceeding 26,001 lbs. and also all vehicles authorized to be driven under class B and C or with a regular driver's license (class D) ;

(b) "Class B" authorizes driving any single vehicle in excess of 26,001 1bs. GVWR, or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR, or any bus which exceeds 26,001 lbs. GVWR and is capable of carrying more than 15 passengers including the driver, and all vehicles under class C and vehicles authorized to be driven with a regular driver's license (class D) ;

(c) "Class C" authorizes driving any single vehicle less than 26,001 lbs. GVWR or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR when the vehicle(s) are or must be placarded for hazardous materials under the provisions of 49 C.F.R., part 172, or any bus in this weight class capable of carrying more than 15 passengers including the driver and any vehicle authorized to be driven with a regular driver's license (class D) .

(10) "Gross Vehicle Weight Rating" (abbreviated GVWR) means the manufacturer's rated capacity for the vehicle in question, or the current registered gross vehicle weight, whichever is greater.

(11) "Gross Combined Vehicle Weight Rating" (abbreviated GCVWR) means the total of the combined manufacturer's weight ratings, or the total of the combined current registered gross vehicle weights, whichever is greater, of all vehicles operated as a combination unit.

(12) "Hazardous material" means any material listed in the federal Hazardous Materials Tables, 49 C.F.R., part 172.

(13) "Placards, or hazardous materials placards" are defined and required as provided in the federal Hazardous Materials Communications Regulations, 49 C.F.R., part 172.

(14) "Medical certificate" means the medical certificate described in federal regulations, 49 C.F.R., part 391.43.

(15) "Medical statement" means a statement prepared by the driver/applicant regarding his medical condition.

(16) "Nonresident commercial driver's license" means a commercial driver's license issued by the state to an individual who resides in a foreign country.

(17) "Certificate of employment/experience" means a certificate completed by the applicant's employer, or the applicant in the case of an owner/operator, stating the applicant's length of employment, the type(s) of vehicles operated, and the amount of experience in each type of vehicle if more than one.

(18) "One license affidavit" means an affidavit completed by the applicant certifying that the applicant is not licensed in any other jurisdiction.

(19) "Out of service" means an order to preclude further operation of a commercial motor vehicle by its driver for a specified period of time or until a required condition is met.

(20) "Residence for the purpose of obtaining a commercial driver's license" means any licensed commercial motor vehicle operator who has resided in this state for a period exceeding 30 days is considered to be a resident for the purpose of being licensed to operate a commercial motor vehicle and must thereafter be licensed under the laws of the state before operating a commercial motor vehicle.

(21) "Federal waiver or exemption" means the waiver or exemption described in federal regulations, 49 C.F.R., parts 391.49, 391.61.