Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE
Section 247-8-002 - DEFINITIONS
Current through March 20, 2024
002.01 Approved training course
Approved training course means a training course approved by the Department for the training of Third-Party Examiners.
002.02 Class A combination vehicle
Class A combination vehicle means any combination of motor vehicles and towed vehicles with a gross vehicle weight rating of more than twenty-six thousand (26,000) pounds if the gross vehicle weight rating of the vehicles being towed are in excess of ten thousand (10,000) pounds.
002.03 Class A testing certification
Class A testing certification means certification by the Department authorizing a Third-Party Tester or Third -Party Examiner to administer skills tests for drivers of Class A, Class B, or Class C commercial motor vehicles.
002.04 Class B heavy straight vehicles
Class B heavy straight vehicle means any single commercial motor vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more or any such commercial motor vehicle towing a vehicle with a gross vehicle weight rating not exceeding ten thousand (10,000) pounds.
002.05 Class B testing certification
Class B testing certification means certification by the Department authorizing a Third-Party Tester or Third-Party Examiner to administer skills tests for drivers of Class B or Class C commercial motor vehicles.
002.06 Class C small vehicle
Class C small vehicle means any single commercial motor vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds or any such commercial motor vehicle towing a vehicle with a gross vehicle weight rating not exceeding ten thousand (10,000) pounds comprising (i) motor vehicles designed to transport sixteen (16) or more passengers, including the driver; and (ii) motor vehicles used in the transportation of hazardous materials and required to be placarded pursuant to Neb.Rev.Stat. § 75-364.
002.07 Class C testing certification
Class C testing certification means certification by the Department authorizing the Third-Party Tester or Third -Party Examiner to administer skills tests for drivers of Class C small vehicles.
002.08 CDL
CDL means Commercial Driver's License as defined in § 60-480.
002.09 CLP
CLP means Commercial Learner's Permit as defined in § 60-480.
002.10 Commercial motor vehicle or CMV
Commercial motor vehicle or CMV means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
002.11 Conviction
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
002.12 Department
Department means the Nebraska Department of Motor Vehicles.
002.13 Director
Director means the Director of the Department of Motor Vehicles.
002.14 Disqualification
Disqualification means the withdrawal of a CDL, or CLP as provided in Neb. Rev. Stat. § 60-4,131 and also the withdrawal of a CDL, or CLP by administrative action as provided Neb. Rev. Stat. §§ 60-4, 167.02 or 60-4,168 through 60-4,270..
002.15 Driver training school
Driver training school means a business enterprise conducted by an individual association, partnership, limited liability company, or corporation or a public or private educational facility which educates or trains persons to operate motor vehicles and which charges consideration or tuition for such service or materials.
002.16 Driving a commercial motor vehicle while under the influence of alcohol
Driving a commercial motor vehicle while under the influence of alcohol means committing any one (1) or more of the following acts in a CMV: driving a CMV while the person's alcohol concentration is 0.04 or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of 49 CFR § 383.51(b) or § 392.5(a) (2).
002.17 Employer
Employer means any person, including the United States, a state, or a political subdivision of a state, which owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.
002.18 FMCSA
FMCSA means the Federal Motor Carrier Safety Administration.
002.19 Employee
Employee means any person who works a minimum of 30 hours per week from Monday through Sunday and is on the payroll of a Third-Party Tester, and excludes an independent contractor.
002.20 Skills test
Skills test means a test by a CLP holder applying for a CDL that is required to be successfully completed prior to the issuance of a CDL.
002.21 Third Party Examiner
Third Party Examiner means a person employed by a Third Party Tester who is authorized by the Department to administer CDL skills tests specificed in 49 CFR Part 383 and pursuant to Neb.Rev.Stat. 60-4,158.
002.22 Third-Party Examiner applicant
Third-Party Examiner applicant means the individual who applies to the Department to obtain or renew a Third-Party Examiner certificate.
002.23 Third-Party Tester
Third-Party Tester means a person, including, but not limited to, another State, a motor carrier, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government, authorized by the Department to employ skills test examiners to administer the CDL skills tests specified in 49 CFR Part 383 and pursuant to Neb.Rev.Stat. 60-4,158
002.24 Third-Party Tester applicant
Third-Party Tester applicant means the individual or entity making application for the purpose of acquiring or renewing a Third -Party Tester certificate.
002.25 Training course applicant
Training course applicant means the sponsor of a training course making application for approval of the Training Course.
