This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 4901:2-5-01 | Definitions.
Effective:
October 30, 2014
(A) "Authorized personnel" means employees of the commission's transportation department authorized to conduct inspections of motor vehicles and drivers, and employees of the state highway patrol designated by the superintendent to conduct inspections of motor vehicles and drivers. (B) "Commercial motor vehicle" when used in connection with a motor carrier operating in intrastate commerce, has the same meaning as in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, when operated by a for-hire motor carrier, and the same meaning as in 49 C.F.R. 383.5, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, when operated by a private motor carrier. (C) "Commercial vehicle safety plan" has the same meaning as in 49 C.F.R. 350.105, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code. (D) "Commission" means the public utilities commission of Ohio. (E) "Excepted carrier" means a person excepted as a for-hire motor carrier under divisions (B)(1) to (B)(9) of section 4923.01 of the Revised Code or a person excepted as a private motor carrier under divisions (A)(1) to (A)(9) of section 4923.02 of the Revised Code. (F) "For-hire motor carrier" has the same meaning as in section 4923.01 of the Revised Code. (G) "Hazardous material" has the same meaning as in 49 C.F.R. 171.8, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code. (H) "Hazardous materials transporter" means a person engaged in the highway transportation of hazardous materials, in intrastate commerce, by motor vehicles that are not commercial motor vehicles. (I) "Immediate destination" is the next scheduled stop of the vehicle already in motion where the cargo on board can be safely secured. (J) "Imminent hazard" means any condition of a motor vehicle, driver, or operation which is likely to result in serious injury or death if not discontinued immediately. (K) "Inspection report" means the "Driver Vehicle Examination Report" prescribed by the U.S. department of transportation pursuant to 49 C.F.R. 396.9, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, to record the results of inspections conducted by authorized personnel. (L) "Interstate commerce" has the same meaning as in section 4923.01 of the Revised Code. (M) "Intrastate commerce" means any trade, traffic, or transportation within Ohio which does not meet the definition of interstate commerce. (N) "Medical examiner" has the same meaning as in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code. (O) "Motor carrier" includes all for-hire motor carriers and private motor carriers operating commercial motor vehicles in intrastate commerce. "Motor carrier" also includes those defined in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, operating in Ohio in interstate commerce. (P) "Motor Carrier Safety Assistance Program" is the federal grant program described in 49 C.F.R. 350.101, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code. (Q) "Motor vehicle" has the same definition as in section 4921.01 of the Revised Code and includes commercial motor vehicles. (R) "Offeror" means any person that is subject to the regulations contained in 49 C.F.R. 171 to 180, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, by reason of offering hazardous materials for transportation by motor vehicle into, within, or through Ohio. (S) "Private motor carrier" has the same meaning as in section 4923.01 of the Revised Code. (T) "Public highway" has the same meaning as in section 4923.01 of the Revised Code. (U) "Transportation of construction materials and equipment" means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a fifty air mile radius of the normal work reporting location of the driver. This definition shall not apply to the transportation of hazardous materials in a quantity requiring placarding pursuant to 49 C.F.R. 172, subpart f, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code.
Last updated July 13, 2023 at 3:02 PM
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Rule 4901:2-5-02 | Purpose and scope.
Effective:
September 26, 2024
(A) This chapter governs the
establishment and enforcement of safety standards applicable to the operations
of motor carriers, excepted carriers, hazardous materials transporters, and
offerors. (B) The commission may, upon an
application or a motion filed by a party, waive any requirement of this
chapter, other than a requirement mandated by statute, for good cause
shown. (C) Each citation contained within this
chapter that is made to a regulation in the code of federal regulations is
intended, and shall serve, to incorporate by reference the particular version
of the cited matter that was effective on April 26, 2024.
Last updated September 26, 2024 at 8:41 AM
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Rule 4901:2-5-03 | Adoption and applicability of U.S. department of transportation safety standards.
Effective:
September 26, 2024
(A) The commission hereby adopts the
provisions of the regulations of the U.S. department of transportation
contained in 49 C.F.R. 40, 367, 372.107(i), 372.113, 380, 382, 383, 385, 386,
387, and 390 to 397, as effective on the date referenced in paragraph (C) of
rule 4901:2-5-02 of the Administrative Code, unless specifically excluded or
modified by a rule of this commission, and those portions of the regulations
contained in 49 C.F.R. 107, subparts f and g, and 171 to 180, as effective on
the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative
Code, as are applicable to transportation or offering for transportation of
hazardous materials by motor vehicle. A violation of these regulations
constitutes a violation of the commission's rules. (B) All motor carriers operating in intrastate commerce are
subject to the provisions of this chapter and the regulations adopted pursuant
to paragraph (A) of this rule. With respect to such regulations as applicable
to motor carriers operating in intrastate commerce, any notices or requests
permitted or required to be made to the U.S. department of transportation or
officials thereof may instead be made to the director of the commission's
transportation department. (C) All motor carriers engaged in
interstate commerce within Ohio are subject to all regulations of the U.S.
department of transportation, which have been adopted by the commission
pursuant to paragraph (A) of this rule. (D) All offerors are subject to the
regulations contained in 49 C.F.R. 107, subparts f and g, and 171 to 180, as
effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, as applicable, which have been adopted by the commission
pursuant to paragraph (A) of this rule. (E) All hazardous materials transporters
are subject to the regulations contained in 49 C.F.R. 107, subparts f and g,
and 171 to 180, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the Administrative Code, as applicable, which have been adopted
by the commission pursuant to paragraph (A) of this rule. (F) All excepted carriers are subject to
the regulations of the U.S. department of transportation contained in 49 C.F.R.
383, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02
of the Administrative Code. as applicable, and the regulations contained in 49
C.F.R. 107, subparts f and g, and 171 to 180, as effective on the date
referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, as
applicable, which have been adopted by the commission pursuant to paragraph (A)
of this rule. (G) Enforcement of the regulations
adopted pursuant to paragraph (A) of this rule, is subject to any exemptions
granted by the U.S. department of transportation including any interpretations
issued by the U.S. department of transportation. (H) Title 49 C.F.R. 395.3, as effective
on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, does not apply to motor carriers engaged in the intrastate
transportation of construction materials and equipment. As to such carriers,
the following maximum driving time limitations apply: (1) No motor carrier
engaged in the intrastate transportation of construction materials and
equipment shall permit or require any driver used by it to drive nor shall any
such driver drive: (a) More than twelve hours following ten consecutive hours off
duty; or (b) For any period after having been on duty sixteen hours
following ten consecutive hours off duty. (2) No motor carrier
engaged in the intrastate transportation of construction materials and
equipment shall permit or require a driver of a commercial motor vehicle to
drive, nor shall any driver drive, regardless of the number of motor carriers
using the driver's services, for any period after: (a) Having been on duty seventy hours in any seven consecutive
days if the employing motor carrier does not operate commercial motor vehicles
every day of the week; or (b) Having been on duty eighty hours in any eight consecutive
days if the employing motor carrier operates commercial motor vehicles every
day of the week. (3) In the instance of a
driver of a commercial motor vehicle who is used primarily in the
transportation of construction materials and equipment, any period of seven or
eight consecutive days may end with the beginning of any off-duty period of
twenty-four or more successive hours. (4) Paragraphs (H)(1),
(H)(2), and (H)(3) of this rule do not apply when the commission grants
applicable regulatory relief from the hours-of-service requirements pursuant to
rule 4901:2-5-05 of the Administrative Code.
Last updated September 26, 2024 at 8:42 AM
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Rule 4901:2-5-04 | Qualifications of drivers.
(A) No motor carrier, excepted carrier,
or hazardous materials transporter shall operate or permit the operation of a
motor vehicle in intrastate commerce by a person under the age of eighteen
years. No motor carrier, or excepted carrier, shall operate or permit the
operation of a commercial motor vehicle transporting hazardous materials in a
quantity or of a type that requires the motor vehicle to be placarded pursuant
to 49 C.F.R. 172, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the Administrative Code, in intrastate commerce, by a person
under the age of twenty-one years. (B) The provisions in 49 C.F.R. 391.21
(applications for employment), and 391.23 (investigations and inquiries), as
effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, do not apply to a driver operating in intrastate commerce
who has been a single employer driver as defined in 49 C.F.R. 390.5, as
effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, of a motor carrier, for a continuous period which began
before January 1, 1987, so long as the driver continues to be a regularly
employed driver of that motor carrier. (C) Persons who on or before December 7,
1988, were employed or self-employed in occupations which required the
operation of commercial motor vehicles, who cannot be medically certified under
the requirements of 49 C.F.R. 391.41, as effective on the date referenced in
paragraph (C) of rule 4901:2-5-02 of the Administrative Code, may obtain
provisional medical certification for operating commercial motor vehicles in
intrastate commerce under the following conditions: (1) A driver may obtain a
packet of materials prescribed by the commission to be used by the driver and
the medical examiner in conducting a medical examination for provisional
medical certification. The medical examiner must be listed on the
"National Registry of Certified Medical Examiners" administered by
the U.S. department of transportation and current on all requirements to
perform an examination for a provisional medical certification. Included in the
packet will be instructions to assist the medical examiner in making an
evaluation. (2) Prior to visiting the
medical examiner, a driver shall submit to the commission a completed
"Certification of Driver Employment" form on which the driver shall
certify the conditions of the driver's past and current employment,
including employer name and contact information, dates of employment, size and
type of vehicles operated, types of cargo transported, accident history, and
any additional information deemed necessary by the commission. After reviewing
the driver's employment history and experience, the commission shall
return a copy of the "Certification of Driver Employment" form to the
driver and provide the driver with the "Medical Examiner's
Provisional Certificate" form, prescribed by the commission, for the
medical examiner to complete. (3) The medical
examination performed in accordance with 49 C.F.R. 391.43, as effective on the
date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative
Code, should also be recorded on the examination form prescribed by that part.
If the medical examiner finds that the driver cannot be certified in accordance
with 49 C.F.R. 391.41 as effective the date referenced in paragraph (C) of rule
4901:2-5-02 of the Administrative Code, but that the driver can safely operate
commercial motor vehicles under certain conditions, the medical examiner may
provisionally certify the driver. (4) To provisionally
certify a driver, the medical examiner may complete the "Medical
Examiner's Provisional Certificate" in lieu of the "Medical
Examiner's Certificate" prescribed in 49 C.F.R. 391.43, as effective
on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code. The medical examiner's considerations for the
provisional certificate include the limitations under which the medical
examiner finds the driver can safely operate a commercial motor vehicle,
including but not limited to, restrictions on the size and type of vehicle
operated, hours operated per day, and any other work activities performed in
addition to driving. The driver is entitled to receive a copy of the
provisional certificate. (5) Upon receipt of a
copy of the completed provisional certificate, the commission shall confirm
receipt by placing a stamp upon the provisional certificate and then returning
a copy of it to the driver. A provisional certificate is not effective unless
stamped by the commission. The driver shall provide a copy of the provisional
certificate to the driver's employer, which shall be kept in the
employer's driver qualification file in the same manner as the medical
examiner's certificate, as required by 49 C.F.R. 391.51, as effective on
the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative
Code. A driver must possess a copy of the provisional certificate at all times
when operating a commercial motor vehicle. (6) A driver who has
obtained provisional medical certification shall be re-examined one year from
the date of the medical examination, or such shorter time as the medical
examiner may prescribe, and shall obtain a new provisional certificate pursuant
to the requirements of this rule, except that the driver need not submit a new
"Certification of Driver Employment" form prior to obtaining a
"Medical Examiner's Provisional Certificate" form from the
commission. (7) Except as otherwise
provided by this rule, the medical examiner's provisional certificate is
treated as a medical examiner's certificate for all purposes as provided
in 49 C.F.R. 390 to 396, as effective on the date referenced in paragraph (C)
of rule 4901:2-5-02 of the Administrative Code. (8) Provisional medical
certification under this rule is ineffective to qualify a driver to drive in
interstate commerce, to transport hazardous materials in a quantity or of a
type that requires the motor vehicle to be placarded pursuant to 49 C.F.R. 172,
as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, to transport passengers for hire, to operate a motor
vehicle designed to transport sixteen or more passengers, including the driver,
or to operate a commercial motor vehicle beyond the scope of any restrictions
indicated by the medical examiner. (9) After notice and
opportunity for a hearing conducted pursuant to Chapter 4901-1 of the
Administrative Code, the commission may invalidate the provisional medical
certification issued by the medical examiner upon its finding that continued
operations by the driver constitute an unreasonable risk of harm to the
public. (10) Beginning July 1,
2021, no provisional medical certificates for drivers with diabetes mellitus
treated with insulin for control will be issued or renewed.
Last updated July 27, 2023 at 9:20 AM
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Rule 4901:2-5-05 | Relief from regulation.
(A) The commission may grant a motor
carrier operating in intrastate commerce, a temporary exemption from some or
all provisions of this chapter when any of the following apply: (1) When such action is
consistent with regulatory relief issued by the U.S. department of
transportation for carriers in interstate commerce. (2) When the chairperson
of the commission or the chairperson's designee has declared a
transportation-specific emergency due to severe weather conditions, earthquake,
flood, drought, fire, famine, epidemic, pestilence, unusual interruption of any
public utility services, or other calamitous visitation or
disaster. (3) When the governor of
this state has declared an emergency. (B) Because situations necessitating
temporary exemption pursuant to paragraph (A) of this rule are often
unforeseeable, the commission may designate one or more of its employees to
issue a document granting such exemptions. (C) The director of the commission's
transportation department may grant regulatory relief to motor carriers
operating in intrastate commerce from the hours of service regulations when any
of the following apply: (1) When the U.S.
department of transportation has issued a notice granting regulatory relief to
motor carriers in interstate commerce, where the relief is equivalent in scope,
coverage, and duration to that granted by the U.S. department of
transportation. (2) When the U.S.
department of transportation has not acted and an application for regulatory
relief is made by a motor carrier or trade association representing motor
carriers pursuant to the following procedure: (a) The applicant submits to the director a request for
regulatory relief that includes an explanation of the circumstances
necessitating the requested regulatory relief and how the circumstances have
impacted motor carrier operations demonstrating the need for the
relief. (b) Following receipt of a request, the director may grant
temporary regulatory relief in cases where the applicant has stated adequate
grounds for relief. Considerations for the written notice granting temporary
regulatory relief include the scope, coverage, and duration of the
relief. (c) Regulatory relief granted pursuant to paragraph (C)(2) of
this rule is subject to the following limitations and conditions: (i) No motor carrier that
has been declared out-of-service, has had its authority to operate revoked, or
otherwise has been ordered to cease operations, by the U.S. department of
transportation or the commission, is eligible to operate under the regulatory
relief. (ii) A motor carrier
operating under the regulatory relief shall keep a copy of the notice granting
regulatory relief in each motor vehicle operating under such relief and shall
maintain it at the motor carrier's principal place of business for one
hundred eighty days from the expiration of the relief. (iii) Nothing in a grant
of regulatory relief limits or otherwise alters a motor carrier's duty to
monitor its drivers, to maintain record of duty status in conformance with 49
C.F.R. 395, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the Administrative Code, and to ensure its drivers are not
operating while ill, fatigued, impaired, or otherwise unable to safely operate
a commercial motor vehicle. (D) No exemption or other relief from
regulation granted pursuant to paragraph (A) or (C) of this rule relieves a
person from compliance with the regulations of the U.S. department of
transportation contained in 49 C.F.R. 383, as effective on the date referenced
in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, as applicable,
and the regulations contained in 49 C.F.R. 107, subparts f and g, and 171 to
180, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02
of the Administrative Code, as applicable, which have been adopted by the
commission pursuant to rule 4901:2-5-03 of the Administrative
Code. (E) The commission may, upon its own
motion or upon a request by a motor carrier or other interested
party: (1) Submit an application
to the U.S. department of transportation to obtain an exemption for state laws
and regulations for specific industries involved in intrastate commerce,
pursuant to 49 C.F.R. 350.343, as effective on the date referenced in paragraph
(C) of rule 4901:2-5-02 of the Administrative Code. (2) Submit an application
to the U.S. department of transportation for a variance from the federal motor
carrier safety regulations for intrastate commerce pursuant to 49 C.F.R.
350.345, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of the Administrative Code.
Last updated July 27, 2023 at 9:21 AM
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Rule 4901:2-5-07 | Out-of-service vehicles and drivers.
(A) Authorized personnel may declare
"out-of-service": (1) Any commercial motor
vehicle, operated by a motor carrier, which by reason of its mechanical
condition or loading would likely cause an accident or breakdown. (2) Any motor vehicle or
driver that is found to be in violation of rule 4901:2-5-03 of the
Administrative Code, as applicable, and such violation meets the "North
American Standard Out-of-Service Criteria" adopted and disseminated by the
"Commercial Motor Vehicle Safety Alliance." (3) Any motor vehicle or
driver operating in violation of an "imminent hazard" order issued in
accordance with rule 4901:2-5-14 of the Administrative Code. (4) Any motor vehicle
being operated in intrastate commerce by a for-hire motor carrier that does not
have a current and valid certificate of public convenience and necessity
pursuant to the rules in Chapter 4901:2-21 of the Administrative
Code. (B) Motor vehicles declared "out of
service" shall be marked with an appropriate sticker, until the defects
prompting the out-of-service declaration have been satisfactorily remedied so
that the out-of-service condition no longer exists. (C) Drivers declared
"out-of-service" remain out-of-service until such time that all
conditions required by law, rule, or the out-of-service declaration have been
met. (D) A person cannot operate or permit the
operation of a motor vehicle that has been declared "out of service,"
or permit a driver that has been declared "out-of-service", to
operate a commercial motor vehicle except under the following
conditions: (1) The motor vehicle may
be towed in accordance with 49 C.F.R. 396.9, as effective on the date
referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative
Code. (2) If the motor vehicle
is located beside the traveled portion of a highway, or contains hazardous
materials and is located at a place where parking of hazardous materials is not
permitted it may be escorted by authorized personnel to the nearest safe
location, provided that doing so would enhance public safety more so than if
the motor vehicle was not relocated. (E) In addition to vehicles and drivers
declared "out-of-service" pursuant to paragraph (A) of this rule, the
following are also considered to be "out-of-service": (1) A motor vehicle or
driver that has been declared "out-of-service" by another federal,
state, Canadian, or Mexican jurisdiction, until such time that the
out-of-service condition has been satisfactorily remedied. (2) Motor vehicles being
operated in interstate commerce by a motor carrier that has been declared
"out-of-service", has had its authority to operate revoked, or
otherwise has been ordered to cease operations by the U.S. department of
transportation in accordance with 49 C.F.R. 385.13, 385.105, 385.111, 385.308,
385.325, 385.337, 386.72, 386.83, 386.84, and 392.9a, as effective on the date
referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative
Code. (3) Motor vehicles being
operated in intrastate commerce by a motor carrier that is under an
out-of-service order issued pursuant to 49 C.F.R. 385.13 or 386.72, as
effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code. (F) All persons subject to this rule
shall comply with any additional measures or conditions as directed by
authorized personnel for the purpose of enforcing this rule. (G) This rule does not supersede any more
stringent federal requirement adopted by the commission.
Last updated July 27, 2023 at 9:21 AM
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Rule 4901:2-5-08 | Mud flaps.
Effective:
December 25, 1987
No motor carrier shall operate a motor vehicle, the gross weight of which, with load, exceeds three tons, on the public highways in Ohio unless the rearmost wheels of the vehicle or combination of vehicles are equipped with wheel protectors as required by section 5577.11 of the Revised Code.
Last updated July 13, 2023 at 3:03 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
3/19/1987
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Rule 4901:2-5-10 | Marking of vehicles.
(A) Exceptions to compliance with the
marking requirements of 49 C.F.R. 390.21, as effective on the date referenced
in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, apply
where: (1) The identification
number issued by the commission preceded by the letters PUCO may be displayed
in lieu of a U.S. department of transportation (USDOT) number. (2) Private motor
carriers operating in intrastate commerce are not required to display a USDOT
or PUCO number. (B) The director of the commission's
transportation department may grant a written exemption from any or all of the
requirements of paragraph (A) of this rule, based upon a written application
and showing that prior to January 1, 1987, the motor carrier used an
alternative marking system which provided adequate notification of the
ownership and identity of equipment. Based upon a written application and
showing that display of the required information would pose a security hazard
to the vehicle, its contents or occupants, the director of the
commission's transportation department may permit display of the USDOT
number, or the identification number issued by the commission, in lieu of
company name. (C) A motor carrier granted an exemption
pursuant to this rule shall keep a copy of the notice granting the exemption in
each motor vehicle operated by the motor carrier and shall maintain it at the
motor carrier's principal place of business. (D) No motor carriers may display the
identification of another motor carrier or other entity, nor transmit an
electronic signal falsely identifying itself as another motor carrier or other
entity.
Last updated July 27, 2023 at 9:21 AM
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Rule 4901:2-5-11 | Inspection of vehicles; reports.
(A) Inspections conducted by authorized
personnel pursuant to rule 4901:2-5-13 of the Administrative Code, are
mandatory and no motor carrier, excepted carrier, or hazardous materials
transporter may deviate from its route for the purpose of circumventing or
evading an inspection. (B) The driver of any motor vehicle
receiving an inspection report shall deliver it to the motor carrier, excepted
carrier, or hazardous materials transporter operating the motor vehicle within
twenty-four hours. If the driver is not scheduled to arrive at a terminal or
facility of the motor carrier, excepted carrier, or hazardous materials
transporter operating the vehicle within twenty-four hours, the driver may
electronically transmit the report to the motor carrier, excepted carrier, or
hazardous materials transporter. (C) Each motor carrier, excepted carrier,
or hazardous materials transporter must ensure that any violations or defects
noted on the report are corrected prior to the motor vehicle's next
dispatch. The motor carrier, excepted carrier, or hazardous materials
transporter shall, within fifteen days following the inspection, accurately
certify that all violations noted have been corrected by completing the
appropriate portion of the inspection form and returning it to the address
indicated on the inspection report, or by certifying it
electronically.
Last updated July 27, 2023 at 9:22 AM
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Rule 4901:2-5-13 | Inspection program.
(A) For the purpose of enforcing the
provisions of Chapters 4921. and 4923. of the Revised Code, and Chapter
4901:2-5 of the Administrative Code, authorized personnel may enter in or upon
any motor vehicle of any motor carrier, excepted carrier, or hazardous
materials transporter, to inspect the motor vehicle, driver, documents, or
cargo. Such inspections are conducted in accordance with the following
guidelines: (1) Motor vehicles,
drivers, documents, or cargo are subject to inspection when
located: (a) Upon any public roadway, public property, or private property
open to the public. (b) On any other premises if the inspection is conducted with
permission of the owner or person in control of the property. (2) Considerations by
authorized personnel in determining which motor vehicles, drivers, documents,
or cargo to inspect include: (a) Complaints received and processed by the headquarters staff
of the commission's transportation department, or staff of the highway
patrol, and issued to field employees. (b) Observed possible violations of any statutes and rules
identified in paragraph (A) of this rule. (c) Knowledge that a driver or motor vehicle was recently
inspected and had been declared "out-of-service" at the time of
inspection, or that the motor carrier, excepted carrier, or hazardous materials
transporter was found to be operating without required authority, registration,
permits, or insurance, as applicable. (d) Motor vehicles, motor carriers, excepted carriers, and
hazardous materials transporters designated by the headquarters staff of the
commission's transportation department as "special
interest." (e) Any uniform statistical selection procedure, such as every
fifth motor vehicle or every motor vehicle entering an inspection
site. (f) Any inspection selection system developed by the U.S.
department of transportation. (g) By request of a peace officer or state trooper at an accident
scene or traffic stop. (h) In response to an incident involving the release or possible
release of hazardous materials. (i) Any motor vehicle transporting radioactive materials for
which pre-notification is required by, and made pursuant to, section 4163.07 of
the Revised Code. (j) Passenger carrying motor vehicles at a point of origin or
destination. (k) Any bus, as defined in section 4513.50 of the Revised Code,
operating in intrastate commerce, that does not have on display the safety
inspection decal required pursuant to section 4513.51 of the Revised
Code. (l) By request of the U.S. department of
transportation. (3) Results of an
inspection conducted pursuant to paragraph (A) of this rule are recorded on an
inspection report. (4) Authorized personnel
may enter in and upon any area of a motor vehicle as necessary to complete
their duties (except for knowingly entering portions of the motor vehicle used
exclusively for the personal possessions of the driver), and enter any cargo
area or compartment. If a cargo area of a motor vehicle is locked or sealed,
the operator of the motor vehicle shall provide immediate access to the cargo
area. When the operator is unable to provide immediate access to a locked or
sealed cargo area, authorized personnel may use the necessary force to enter
the cargo area. Any breakage of a lock or seal shall be annotated on the
inspection report. A lock or seal that is broken by authorized personnel shall
be replaced with a numbered seal. (5) Motor carriers,
excepted carriers, and hazardous materials transporters shall provide
authorized personnel with reasonably expeditious access to any documents or
property necessary to conduct an inspection pursuant to paragraph (A) of this
rule. (6) To determine whether
a substance being transported on a motor vehicle is a hazardous material,
authorized personnel may obtain a sample. (7) An inspection report
may be amended at any time subsequent to an inspection as further investigation
or the discovery of additional information warrants provided the written
amendments are communicated to the motor carrier, excepted carrier, or
hazardous materials transporter that was subject to the
inspection. (B) Authorized employees of the
commission's transportation department may enter in or upon the premises
of any motor carrier, excepted carrier, hazardous materials transporter, or
offeror to interview employees and examine any motor vehicles, records,
documents, or property, for the purpose of assessing its compliance with the
provisions of Chapters 4921. and 4923. of the Revised Code, and Chapter
4901:2-5 of the Administrative Code. Authorized employees of the
commission's transportation department may also require that any motor
carrier, excepted carrier, hazardous materials transporter, or offeror provide
records, documents, or property to be examined off-site in accordance with the
following guidelines: (1) Considerations of
authorized employees of the commission's transportation department in
determining which motor carriers, excepted carriers, hazardous materials
transporters, and offerors to select for examination include: (a) Pursuant to standards established by the U.S. department of
transportation in connection with this state's participation in the
"Motor Carrier Safety Assistance Program." (b) Pursuant to criteria authorized by this state's
commercial vehicle safety plan submitted to and approved by the U.S. department
of transportation in connection with this state's participation in the
"Motor Carrier Safety Assistance Program." (c) Complaints processed by the commission's transportation
department headquarters staff. (2) Examinations
conducted in a manner consistent with 49 C.F.R. 385, as effective on the date
referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code, and
the standards and protocols of the U.S. department of transportation as
required by virtue of this state's participation in the "Motor
Carrier Safety Assistance Program." (3) Authorized employees
of the commission's transportation department are entitled to reasonably
expeditious access to employees, motor vehicles, records, documents, or
property as necessary to conduct an examination pursuant to paragraph (B) of
this rule. (C) Any driver who fails to cooperate
with reasonable requests during a driver/vehicle inspection, may be placed out
of service until such a time as the inspection can be completed.
Last updated July 27, 2023 at 9:23 AM
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Rule 4901:2-5-14 | Imminent hazard.
(A) Whenever it is determined that a
violation of Chapters 4921. or 4923. of the Revised Code, or Chapter 4901:2-5
of the Administrative Code poses an imminent hazard to safety, the commission
may order a motor carrier, excepted carrier, or hazardous materials transporter
to cease all or part of its intrastate operations in this state, provided that
restrictions may not be imposed on any motor carrier, excepted carrier, or
hazardous materials transporter beyond that required to abate the
hazard. (B) Compliance with an order under this
rule is mandatory, except that an order to a motor carrier, excepted carrier,
or hazardous materials transporter to cease all or part of its operations does
not prevent motor vehicles in transit at the time the order is served from
proceeding to their immediate destination, unless any such motor vehicle or
driver is specifically ordered out-of-service forthwith. However, motor
carriers, excepted carriers, or hazardous materials transporters proceeding to
their immediate destination are subject to compliance with the
commission's order upon arrival. (C) The commission may, prior to issuing
an order under this rule, order a motor carrier, excepted carrier, or hazardous
materials transporter to show cause why the commission should not issue an
order requiring that it cease all or part of its operations; or the commission
may issue an order under this rule without a prior hearing, provided that the
motor carrier, excepted carrier, or hazardous materials transporter may request
a hearing within thirty days after the issuance of such order. Hearings
requested under this rule will occur in accordance with division 4901:1 of the
Administrative Code no less than seven days and no more than fifteen days
following the request for hearing.
Last updated July 27, 2023 at 9:23 AM
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Rule 4901:2-5-15 | Planting and harvesting season.
For the purposes of 49 C.F.R. 395.1(K), as
effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the
Administrative Code, the "planting and harvesting season" in the
state of Ohio is January first through December thirty-first of each
year.
Last updated July 27, 2023 at 9:24 AM
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