49-109. DEFINITIONS — H. (1) "Habitual violator" means any person who has a driving record that shows a violation point count of eighteen (18) or more points in any consecutive twenty-four (24) month period; or twenty-four (24) or more points in any consecutive thirty-six (36) month period.

(2) "Hazardous material" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of material listed as a select agent or toxin under 42 CFR part 73.

(3) "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the EPA due to the type and quantity of the material or that would be subject to these requirements absent an interim authorization to the state under title 40, code of federal regulations or that includes in whole or in part polychlorinated biphenyls regulated by title 40, code of federal regulations, part 761.

(4) "Highway" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.

(a) Arterial. Any highway designated by the local authority as part of a major arterial system of highways within its jurisdiction.

(b) Controlled-access. Any highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway except at such points only or in such manner as may be determined by the public authority having jurisdiction over the highway.

(c) Through. Any highway or portion of it on which vehicular traffic is given preferential right-of-way and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to a stop sign, yield sign, or other traffic-control device.

History:

[49-109, added 1988, ch. 265, sec. 2, p. 557; am. 1990, ch. 45, sec. 5, p. 78; am. 1994, ch. 264, sec. 1, p. 814; am. 2006, ch. 164, sec. 1, p. 489; am. 2019, ch. 213, sec. 6, p. 646.]