The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Board.” The State Board of Crane Operators.

“Certification.” Certification from the National Commission for the Certification of Crane Operators or another organization found by the State Board of Crane Operators (NCCCO) to offer an equivalent testing and certification program meeting the applicable requirements of the American Society of Mechanical Engineers ASME B30.5 as relating to mobile cranes, ASME B30.3 or the requirements of ASME B30.4 as relating to tower cranes and the accreditation requirements of the National Commission for Certifying Agencies or the American National Standards Institute.

“Commissioner.” The Commissioner of Professional and Occupational Affairs within the Department of State.

“Conviction.” Includes a judgment, an admission of guilt or a plea of nolo contendere.

“Crane.” A power-operated hoisting machine that has a power-operated winch, load line and boom moving laterally by the rotation of the machine on a carrier or base which has a manufacturer's rated maximum lifting capacity of 15 tons or more as specified in ASME B30.5 and includes a derrick, crawler crane and wheel-mounted crane of both truck and self-propelled wheel type. The term includes a tower crane, which has a manufacturer's rated maximum lifting capacity of ten meter tons or more, as specified in ASME B30.3 and ASME B30.4. The term does not include a crane or drag line used in coal mining operations, forklift, digger derrick truck, aircraft, bucket truck, vehicle or machine not having a power-operated winch, tow truck or wrecking crane when used for towing or vehicle recovery, locomotive crane, load line or crane used in longshore or other intermodal operations or a crane used in manufacturing applications.

“Crane operator.” An individual licensed by the State Board of Crane Operators to operate a crane.

“Department.” The Department of State of the Commonwealth.

“Immediate supervision.” Circumstances in which the crane operator is in the immediate area of the trainee, within visual sighting distance and able to effectively communicate with the trainee.

“Trainee.” An individual who has not been issued a license under this act or obtained certification but who is authorized to operate a crane as set forth in this act when under the immediate supervision of a crane operator.