(1) For purposes of interstate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5.

(2) For purposes of intrastate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5 with the following clarifications:

(a) "Commercial motor vehicle (CMV)" means any self-propelled or towed motor vehicle used on a way of this state open to the public to transport passengers or property when the vehicle:

(i) has a gross vehicle weight rating, or gross combination weight rating, or gross vehicle weight, or gross combination weight of 26,001 pounds or more, whichever is greater;

(ii) is designed or used to transport more than 15 passengers, including the driver, not for compensation;

(iii) is designed or used to transport more than eight passengers, including the driver, for compensation; or

(iv) is of any size and is used in the transportation of materials found by the U.S. Secretary of Transportation to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 USC 5101, et seq.) and which require the motor vehicle to be marked or placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C) under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR subtitle B, chapter I, subchapter C.

(b) "Farm vehicle" means a commercial motor vehicle that is:

(i) controlled by a farmer and operated by the farmer or a person employed by the farmer as a private motor carrier of property;

(ii) being used to transport either:

(A) agricultural products; or

(B) farm machinery, farm supplies, or both, to or from a farm.

(iii) not being used in the operation of a for-hire motor carrier; and

(iv) not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823.

(c) "Farmer" means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which are:

(i) owned by that person; or

(ii) under the direct control of that person.

(d) "Gross combination weight (GCW)" means the loaded weight of a combination of vehicles. In the absence of a readily available means to determine the weight of a vehicle combination, GCW will be deemed to equal the declared weight of the power unit or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(e) "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

(f) "Gross vehicle weight (GVW)" means the weight of a vehicle without load plus the weight of any load on the vehicle. In the absence of a readily available means to determine the weight of a vehicle, GVW will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle, or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(g) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle. In the absence of a stated manufacturer's rated capacity for a particular vehicle, GVWR will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle.

(h) "Intrastate commerce" means any trade, traffic, or transportation within the state of Montana which is not described in the term "interstate commerce," as defined in 49 CFR 390.5.

(i) "Motor carrier" means a person, corporation, or firm transporting goods or passengers by operation of a commercial motor vehicle upon a way of the state open to the public. The term includes duly authorized agents, officers, and representatives, as well as employees of the motor carrier who are responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.

(j) "Way of this state open to the public" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public, including, but not limited to, any roadway available to, and passable by, except during scheduled periods, extreme weather or emergency conditions, four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of vehicle registration.

(3) For purposes of transportation of hazardous materials in commerce, and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 171.8, with the following clarification:

(a) "Hazardous materials shipper" means an individual, corporation, company, association, firm, partnership, society, joint stock company, government, Indian tribe, or authority of a government or tribe, that:

(i) offers a hazardous material for transportation in commerce;

(ii) transports a hazardous material to support a commercial enterprise and is a private motor carrier;

(iii) performs, or is responsible for performing, any pre-transportation function required by state or federal statute or rule for the transportation of hazardous materials in commerce; or

(iv) tenders or makes hazardous materials available to a carrier for transportation in commerce.