(1) "Operator" means every person who is in actual physical control of a motor vehicle upon a highway or private property open to public use. (2) "Out of service order" means a temporary prohibition against operating a commercial vehicle as declared by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction and which is applicable to a driver, a commercial motor vehicle or a motor carrier operation pursuant to federal regulations 49 CFR part [section] 386.72, 392.5, 395.13 or 396.9, or compatible laws, or to the North American uniform out-of-service criteria. (3) "Owner" means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. "Owner" for the purposes of chapter 12 means the person legally responsible for the operation of a vehicle upon the highways of the state of Idaho, whether as owner, lessee or otherwise.
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