Section 10. Definitions

Part I. General Provisions

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Automobile and watercraft transporters" means a tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles or watercraft on their power unit, designed and used exclusively for the transportation of motor vehicles or watercraft.

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"DMV" means the Virginia Department of Motor Vehicles.

"Escort Vehicle Driver Certification" means a document issued by a state that signifies that the holder of the certification has successfully completed the issuing state's requirements to escort overdimensional vehicle configurations.

"Nondivisible load or vehicle" means a vehicle configuration exceeding applicable size or weight limits which, if separated into smaller loads, would:

1. Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

2. Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

3. Require more than eight man work hours to dismantle using appropriate equipment. The applicant for a nondivisible load permit has the burden of proof as to the number of man work hours required to dismantle the load.

"Nondivisible load or vehicle" can also be defined as in 23 CFR 658.5 (http://www.access.gpo.gov/nara/cfr/cfr-table-search.html).

"Off-centered load" means a transport vehicle's cargo is loaded so that there is no overhang on driver's side of the transport vehicle and overhang on the passenger side load that extends beyond, and is not evenly distributed across the bed of the transport vehicle. Off-centered loads must be loaded so the overhang is to the passenger side of the transport vehicle.

"Semitrailer" means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rest on or is carried by another vehicle.

"Solid waste" means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or byproduct material as defined by the Federal Atomic Energy Act of 1954.

"Stinger-steered automobile and watercraft transporter" means an automobile or watercraft transporter configured as a semitrailer combination wherein the fifth wheel is located on a drop frame behind and below the rearmost axle of the power unit.

"Tandem axle" means not less than 40 inches but not more than 96 inches between axle centers of two consecutive axles.

"Tractor truck" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto.

"Trailer" means a vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured housing.

"Truck" means a motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds.

"VDOT" means the Virginia Department of Transportation.

"Vehicle configuration" means the height, weight, width and length of a vehicle to include vehicle axle spacing.

Historical Notes

Derived from Volume 25, Issue 26, eff. September 30, 2009.

Statutory Authority

§ 46.2-203 and Article 18 (§ 46.2-1139 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia.