Definitions

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  • As used in this chapter:
    • (1) “Administrative decision” or “decision” means any decision, order or determination of the Department rendered in a particular case which affects the legal rights, duties or privileges of parties and which terminates the proceedings before the Department. The term “administrative decision” or “decision” does not mean or include rules, regulations, standards, or statements of policy of general application issued by an administrative agency to implement, interpret, or make specific the legislation enforced or administered by it unless such a rule, regulation, standard or statement of policy is involved in a proceeding before the Department and its applicability or validity is in issue in such proceeding, nor does it mean or include regulations concerning the internal management of the Department not affecting private rights or interests.

    • (2) “Bureau, Bureau of Motor Vehicles or BMV” means the Virgin Islands Bureau of Motor Vehicles.

    • (3) “CDL” means Commercial Driver's License.

    • (4) “CDLIS” means Commercial Driver License Information System.

    • (5) “Commercial motor vehicle” means any self-propelled or towed vehicle used on public highways in intrastate commerce to transport passengers or property when:

      • (A) the vehicle has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; or

      • (B) the vehicle is designed to carry eight or more passengers, including the driver but not including any commercial motor vehicle licensed, registered and regulated by the Virgin Islands Taxicab Commission; or

      • (C) the vehicle is used in the transportation of materials found by the Virgin Islands Police Department or the Bureau of Motor Vehicles to be hazardous for the purpose of the Hazardous Materials Act (49 U.S.C. sec. 5101 et seq. and transported in a quantity requiring placarding under regulations prescribed by the Secretary of the United States Department of Transportation.

    • (6) “Department or the Bureau of Motor Vehicles” means the Virgin Islands Police Department or the Bureau of Motor Vehicles, respectively.

    • (7) “Director” means the Director of the Virgin Islands Bureau of Motor Vehicles.

    • (8) “Out-of-service” means prohibited operation of a commercial vehicle for the period of time necessary to correct a condition contained in the current Out-of-Service Criteria.

    • (9) “Out-of-service criteria” means the criteria approved by the Department or the Bureau of Motor Vehicles for placing commercial motor vehicles and drivers engaged in intrastate commerce out-of-service.


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