Ohio Administrative Code 5537 — Ohio Turnpike and Infrastructure Commission

Chapter 5537-1 Definitions

Ohio Adm.Code 5537-1-01 Definitions.

(A) "Commission" means the Ohio turnpike and infrastructure commission created by section 5537.02 of the Revised Code, and also includes such directors, officers and employees of the commission as may act for or in the place of the commission.

(B) "Turnpike" means all traffic lanes, acceleration lanes, deceleration lanes, shoulders, medial strip, bridges, overpasses, underpasses, interchanges, approaches, entrance and exit ramps, access roads, toll plazas, service plazas, maintenance areas, parking areas and any and all other area or areas adjacent thereto under the control or jurisdiction of the commission and comprising a part of Ohio turnpike project No. 1.

(C) "Traffic lanes" are the continuous traffic lanes (each for a single line of vehicles) extending between the eastern and western termini of the turnpike. The westbound and eastbound traffic lanes are separated by a medial strip. The lanes immediately adjacent to the medial strip are denominated "inner" lanes. The lanes immediately adjacent to and beyond the inner lanes are denominated "outer" lanes, except where three lanes are provided for the same direction of travel, in which case the lanes immediately adjacent to and beyond the inner lanes are denominated "center" lanes and the lanes immediately adjacent to and beyond the center lanes are denominated "outer" lanes.

(D) "Deceleration lanes" and "acceleration lanes" are speed-change lanes provided for vehicles entering and leaving service plazas or interchanges, respectively, and are adjacent to the outer traffic lanes.

(E) "Shoulders" are the paved strips adjoining the traffic lanes, acceleration and deceleration lanes, and interchange ramps.

(F) "Medial strip" means the area, including paved shoulders and grassed strip or median barrier separating traffic lanes for traffic moving in opposite directions.

(G) "Vehicle" means every device in, upon, or by which any person or property may be transported or drawn upon a highway, with exceptions as defined in division (A) of section 4511.01 of the Revised Code.

(H) "Motor vehicle" means every vehicle self-propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, with exceptions as defined in division (B) of section 4511.01 of the Revised Code.

(I) "Passenger vehicle" means every motor vehicle with motive power, designed for carrying ten persons or less, measuring under seven feet six inches in height as measured over the first two axles, and having only two axles.

(J) "Motorcycle" means every motor vehicle other than a tractor, motor-driven cycle, motor scooter, autocycle, cab-enclosed motorcycle, motorized bicycle, or moped, which has a seat or saddle for the use of the operator and is constructed to travel on not more than three wheels in contact with the ground, including, but not limited to vehicles known as "motorized bicycle," "motor scooter" or "moped."

(K) "Emergency vehicle" means ambulance, garage-service vehicle, garage towing and wrecking trucks, fire-department, and police vehicles responding to emergency calls and when identified as such as required by law, and emergency vehicles defined in division (D) of section 4511.01 of the Revised Code.

(L) "Bicycle" means a vehicle solely propelled by human power which has a seat or saddle for the use of the operator and is constructed to travel on two or more wheels in contact with the ground.

(M) "Truck" means every motor vehicle, except trailers and semi-trailers, designed and used to carry property.

(N) "Trailer" means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including vehicles defined in division (M) of section 4511.01 of the Revised Code.

(O) "Semi-trailer" means every vehicle designed or used for carrying persons or property with another and separate motor vehicle so that in operation a part of its own weight or that of its load, or both, rests upon and is carried by such other separate vehicle.

(P) "Commercial tractor" means every motor vehicle having motive power and designed or used for drawing other vehicles and not so constructed as to carry any load thereon except a part of the weight of a semi-trailer, or of its load, or both.

(Q) "Bus" means every motor vehicle designed for carrying more than nine passengers and used for the transportation of persons.

(R) "Pedestrian" means any natural person afoot. "Pedestrian" includes a personal delivery device as defined in section 4511.513 of the Revised Code unless the context clearly suggests otherwise.

(S) "Operator" means every person who drives, operates, or is in actual physical control of a motor vehicle.

(T) "Police officer" means an officer of the Ohio state highway patrol and every person authorized to direct, control, or regulate traffic, or to make arrests for violations of traffic regulations, on the turnpike.

(U) "Person" means every natural person, firm, partnership, association, limited liability company, corporation, trust, estate or legal entity.

(V) "Axle" means the common axis of rotation of one or more wheels, whether power driven or freely rotating, and whether in one or more segments and regardless of the number of wheels carried thereon.

(W) "Axle load" means the gross weight of vehicle and load imposed by any axle upon the road surface.

(X) "Gross weight" means the weight of a vehicle plus the weight of any load thereon.

(Y) "Combined axle load" means the gross weight of vehicle and load imposed by any two tandem axles upon the road surface.

(Z) "Aircraft" means any contrivance, now known or hereafter invented, used or designed for navigation of or flight in the air, excepting a parachute or other contrivance for such navigation used exclusively as safety equipment.

(AA) "Toll collection system" means the hardware and software utilized by the commission to determine and collect the tolls assessed to motor vehicles.

(BB) "Automobile transporter" means any vehicle combination designed and used expressly for the transport of assembled motor vehicles.

(CC) "CFR" means the Code of Federal Regulations.

(DD) "Heavy commercial vehicle" means a motor vehicle in excess of two and one-half tons used for commercial purposes such as transportation of goods and wares.

(EE) "License" means the whole or part of any commission permit, certificate, approval, registration or similar form of permission required by Ohio turnpike commission rules.

(FF) "Long combination vehicles" means semi-trailers with triple trailer or long double trailer combinations in excess of ninety feet in length.

(GG) "Service plazas" means service facilities as defined in section 5537.01 of the Revised Code.

(HH) "Vehicle class" means the designation assigned to vehicles, as may be determined by the commission based upon vehicle characteristics such as the number of vehicle axles, height, weight, shape, or any other characteristic as deemed appropriate by the commission, or any combination thereof.

(II) "Electronic tolling transponder" means the device issued by participating tolling authorities of the E-ZPass group and utilized by turnpike customers to pay their tolls.

(JJ) "Electronic monitoring system" means an imaging system that uses video or still image formats to record license plate images of vehicles in or around a toll assessment point for purposes of facilitating toll collections and enforcement of unpaid tolls.

(KK) "Toll assessment point" means a location on the turnpike equipped with a toll collection system that detects the presence of a vehicle and identifies the vehicle class in order to assess a toll for the use of the turnpike.

(LL) "Electronic toll account" is the account associated with the electronic tolling transponder which shall contain prepaid funds to be used for the payment of tolls.

(MM) "Closed ticket system" is the portion of the turnpike within which all movements are tolled by vehicle class between entry and exit tolling points.

(NN) "Barrier system" is the portion of the turnpike within which all movements are tolled by vehicle class regardless of distance traveled on the turnpike.

(OO) "Unpaid toll" means a toll transaction for travel on the turnpike that is not paid at the time of travel nor associated with any E-ZPass account.

(PP) "Hearing officer" means an Ohio-licensed practitioner of law assigned to adjudicate cases where customers contest their unpaid toll notices, subsequent delinquent notices, or final notices.

(QQ) "E-ZPass lanes" are designated traffic lanes in which motor vehicles equipped with valid electronic tolling transponders may travel on the turnpike at posted speed limits.

(RR) "Video toll" is the toll schedule rate applied to an E-ZPass customer who travels through an E-ZPass only lane and an E-ZPass transponder is not detected, but the customer's license plate is registered to the customer's E-ZPass account.

Last updated September 1, 2023 at 9:02 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-2 Operation of Vehicles

Ohio Adm.Code 5537-2-01 Compliance with police orders.

No person shall fail to comply with any lawful order, signal or direction of any police officer.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-02 Compliance with signs, signals and markings.

No person shall fail to comply with any traffic-control sign, signal, marking or device, unless otherwise directed by a police officer.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-03 Speed regulations.

(A) No person shall operate a motor vehicle upon the turnpike at a speed which is greater than the posted speed limit or greater than is reasonable or proper, having due regard for the weather, traffic, surface, and any other conditions, and no person shall operate any motor vehicle upon the turnpike at a greater speed than will permit the operator to bring it to a stop within the assured clear distance ahead. In no event shall any motor vehicle be driven in excess of the speed limits prescribed by state law or in excess of posted speed limits.

(B) No person shall operate a motor vehicle on the turnpike at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when such reduced speed is necessary for safe operation or when ordered to do so by a police officer.

(C) The commission, in cooperation with police, has the authority to: (1) temporarily reduce speed limits on any part of the turnpike where hazardous conditions warrant the reduction in speed or where the reduction is necessary for construction or maintenance operations; and (2) temporarily stop traffic or reroute traffic off of the turnpike where warranted by hazardous conditions, construction or maintenance operations, vehicle accidents or other obstructions.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: July 1, 2013
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-04 Vehicle operation.

(A) No person shall operate a motor vehicle on the turnpike unless such person is duly licensed to operate such vehicle in accordance with law.

(B) No person shall operate a motor vehicle on the turnpike unless such vehicle is registered in accordance with law.

(C) No person shall operate a motor vehicle on the turnpike carelessly or recklessly, without being in reasonable control of the vehicle, or in a manner so as to endanger any person or property, or while the operator is under the influence of intoxicating liquor or any narcotic or habit-forming drug.

(D) No vehicle shall be operated on the turnpike in violation of any law or standard, including noise standards promulgated by the United States, the state of Ohio, or the commission, as applicable to that class of vehicle.

Last updated September 1, 2023 at 9:06 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-05 One-way traffic.

All traffic lanes, deceleration lanes, acceleration lanes, entrance and exit ramps, shoulders, and other travelways on the turnpike are hereby designated as one-way lanes. No person shall operate any vehicle, or otherwise cause it to move, on any of such lanes and travelways in any direction other than forward and generally parallel to, and to the right of, the medial strip.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-06 Entering traffic lanes.

Upon entering a traffic lane from a service plaza, interchange, shoulder, or entrance ramp, the operator of a motor vehicle shall use the acceleration lane or and the operator shall enter the outer lane with caution so as not to interfere with or endanger traffic. The operator of a vehicle entering a traffic lane shall yield the right of way to vehicles already on the traffic lanes.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-07 Space between moving vehicles.

The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle, the traffic upon and the condition of the surface of the turnpike, visibility, and all other conditions.

Last updated March 23, 2023 at 9:07 AM

History

• Effective: December 1, 1954
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-08 Stopping or suddenly decreasing speed.

No operator of a motor vehicle shall stop or suddenly decrease the speed of the vehicle without first giving a clearly visible and conventional warning signal to the traffic immediately to the rear.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-09 Driving lane - passing.

The operator of a motor vehicle shall drive in the outer and center traffic lanes in the designated direction for traffic, except when lawfully crossing from one lane to another. The operator of a motor vehicle shall use the inner traffic lanes for passing only. Where three traffic lanes are provided for the same direction of travel, heavy commercial vehicles and vehicles operated at a rate of speed below the maximum in effect shall drive in the outer lane and shall use the center lane for passing only.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-10 Overtaking a vehicle.

The operator of a motor vehicle overtaking another vehicle shall signal to the vehicle to be overtaken and shall also signal to any vehicles to the rear in sufficient time in advance of the movement indicated to give ample warning to other users of the turnpike who would or might be affected by such movement. Upon ascertaining that such movement can be made with safety, the operator may gradually pass the overtaken vehicle at a safe distance to the left thereof, whereupon the operator shall return to the outer or center traffic lane, but not until safely clear of the overtaken vehicle.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-11 Crossing medial strip.

No operator of a motor vehicle shall drive their vehicle across or upon the medial strip, including crossovers constructed thereon, except as provided in rule 5537-2-14 of the Administrative Code or unless permission to do so, in writing (which may be subject to all reasonable conditions contained in said writing), shall have been granted by the commission, or its representative thereunto specifically authorized, for purposes incidental to or necessary in connection with the safety, maintenance, or operation of the turnpike, or any construction in connection with the turnpike. Notwithstanding the foregoing, the operator of an emergency vehicle may cross the medial strip at designated crossovers, provided in so doing the operator shall use caution so as not to interfere with or endanger traffic.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: July 1, 2013
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-14

(A) No person shall operate a motor vehicle on the shoulders except in the case of an emergency or when so directed by a police officer.

(B) This section does not preclude the use of the outer shoulder for emergency stopping, parking or standing as provided in rule 5537-2-15 herein.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: December 1, 1954
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-12 U-turns.

No person operating a motor vehicle shall make a U-turn movement at any point on the turnpike unless directed to do so by a police officer or unless permission to do so shall have been granted by the commission, or its representative thereunto specifically authorized, for purposes incidental to or necessary in connection with the safety, maintenance, or operation of the turnpike, or any construction in connection with the turnpike.

Last updated September 1, 2023 at 9:03 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-13 No passing areas.

No operator of a motor vehicle, while on a deceleration lane, an acceleration lane, or interchange ramp, shall overtake and pass another vehicle which is in motion thereon, or attempt to do so.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: December 1, 1954
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-15

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the traffic lanes, acceleration lanes, deceleration lanes, bridges, entrance or exit ramps, shoulders, medial strip, or at any place where a "No Parking" sign is posted; provided that in case of an emergency, a motor vehicle may be stopped and parked on the shoulder adjacent to the outer traffic lane in the designated direction of traffic, but only if all wheels and projecting parts of the vehicle and its load are completely clear of the traffic lanes and all required warning devices are displayed in accordance with applicable law; and provided further that the commission or its representative thereunto specifically authorized may grant permission, in writing, for such stopping and parking on the shoulder, subject to the restrictions contained in the preceding provision with respect to the place of stopping or parking and to any other reasonable conditions contained in said written permission, for purposes incidental to or necessary in connection with the administration of justice or the safety, maintenance, or operation of the turnpike, or any construction in connection with the turnpike. A person may not park or leave a vehicle standing on the turnpike for the purpose of demonstrating, striking or other similar purpose.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-16 Impounding of vehicles.

Any vehicle which is illegally parked or abandoned on any portion of the turnpike, without first obtaining permission from a police officer, shall be towed off the turnpike and impounded at the owner's expense. An impounded vehicle may not be removed from the place where it is impounded until after payment for towing, storage, and other costs and charges has been made.

Last updated March 23, 2023 at 9:08 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-17 Stops at toll booths.

The operator of a motor vehicle who travels within a closed ticket system or the barrier system of the turnpike without a valid electronic tolling transponder shall not enter or exit through the marked E-ZPass only lanes, and shall make a complete stop at toll plazas to retrieve a ticket and to pay the toll. At toll assessment points, the operator of a motor vehicle who possesses a valid electronic tolling transponder properly mounted in or on the vehicle may proceed through E-ZPass lanes at a speed which is not greater than the posted speed limit.

Last updated September 1, 2023 at 9:04 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-19 Traffic-control signals.

All operators of vehicles approaching lane-use control signals exhibiting colored lights shall comply with the lighted signals indicating the following:

(A) Steady downward green arrow - indicates that the traffic lane over which the lighted signal is displayed is open to traffic.

(B) Steady red "X" - indicates that the traffic lane over which the lighted signal is displayed is closed to traffic.

(C) Flashing amber light - indicates that all traffic shall reduce speed and proceed with caution and in compliance with all supplemental and related traffic signs.

Last updated September 1, 2023 at 9:04 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-2-21 Public police officers.

To the extent that the proper discharge of official duties or the meeting of an emergency so requires, the provisions of rules 5537-2-02, 5537-2-03, 5537-2-07, 5537-2-09 to 5537-2-13, and rules 5537-2-15, 5537-2-17 and rule 5537-2-19 hereof shall not apply to any police officer who, while in the performance of official duties, is in hot pursuit of any suspected offender under any criminal statute of the state of Ohio; to any police officer authorized to control and regulate traffic on the turnpike while in the performance of official duties; or to any operator of an emergency vehicle while in the performance of official duties. The foregoing shall apply only when such police officer or operator of an emergency vehicle is sounding an audible signal by bell, siren, or exhaust whistle, and is showing a signal, by means of flashing lights, that is clearly visible within a distance of five hundred feet to the front and to the rear of the vehicle. Nothing herein contained shall relieve any police officer operating a motor vehicle on the turnpike or the operator of any emergency vehicle thereon from the duty to drive with the degree of care for the safety of others which is compatible, under all attending circumstances, with the proper discharge of official duties.

Last updated September 1, 2023 at 9:04 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-3 Prohibited Uses

Ohio Adm.Code 5537-3-01 Prohibited users.

The following shall not be permitted to travel on the turnpike:

(A) Pedestrians.

(B) Bicycles.

(C) Vehicles drawn by animals.

(D) Animals led, ridden, or driven on the hoof.

(E) Vehicles transporting animals or poultry not properly secured or confined.

(F) Self-propelled or towed construction, agricultural, or other similar equipment not designed for or employed in general highway transportation.

(G) Vehicles with improperly secured loads.

(H) Vehicles with metal tires, solid tires, or deflated pneumatic tires and vehicles with caterpillar treads, except by special permit issued by the commission.

(I) Such vehicles as, in the opinion of a commission toll collector or collectors or any police officer, are deemed to be unsafe or to be such as to create a hazard upon the turnpike. The burden of proof of the safe condition of such vehicles shall be upon the operators of such vehicles.

(J) Vehicles, including any loads thereon, which exceed the following maximum dimensions:

provided, however, that the operator or operators of any such over dimensional vehicle or vehicles may submit an application online to the commission for a permit to enter and travel upon the turnpike and the commission may, in its discretion, grant such permit, in writing, upon such terms as it may prescribe; provided further that buses and emergency vehicles shall be exempt from length limitation.

(K) Vehicles exceeding allowable axle load or gross weight as determined by automatic toll equipment or other equipment such as portable scales as follows:

(1) Maximum axle load - 21,000 lbs.,

(2) Maximum combined axle load of any two successive axles, spaced four feet or less apart - 24,000 lbs.,

(3) Maximum combined axle load of any two successive axles, spaced more than four feet apart but less than eight feet apart - 34,000 lbs.,

(4) Maximum gross weight - 90,000 lbs.,

provided, however, that the operator or operators of any such overweight vehicle or vehicles may submit an application online to the commission for a permit to enter and travel upon the turnpike and the commission may, in its discretion, grant such permit, in writing, upon such terms as it may prescribe.

(L) Vehicles transporting hazardous materials, including, but not limited to, explosives, compressed gasses, flammable liquids, flammable solids, oxidizers, poisons, radioactive materials, and corrosive liquids, except, however, if the operator or operators of any such vehicle or vehicles have registered such vehicle or vehicles with the appropriate agencies and display, by such vehicles or the operators thereof, the appropriate warning or identifying flags and signs and permitting documentation as prescribed by federal regulations or the statutes of the state of Ohio.

(M) During high winds or during the prevalence of other adverse weather conditions, long combination vehicles, high-profile tow-behind trailers (excluding fifth wheel trailers), campers, boats, enclosed trailers, all mobile homes, office trailers, and livestock trailers. High-profile is defined as height exceeding seven feet six inches.

(N) Vehicles that are not capable of maintaining a speed of at least forty miles per hour on level grade.

(O) Vehicles in tow by a rope, chain or other non-rigid connection.

(P) Disabled vehicles in tow except under the following conditions:

(1) Passenger vehicles which become disabled and must be removed only by towing or pushing, shall be removed by being towed or pushed to the nearest exit by a service vehicle from an official turnpike contract garage.

(2) Trucking and bus company vehicles, which become disabled and must be removed by towing or pushing, shall be removed only by being towed or pushed to the nearest exit by a service vehicle from an official turnpike contract garage, a company owned and operated service unit, or an agency operating under contract with the subject company whose vehicle is disabled.

(3) Passengers are prohibited from riding in any vehicle being towed or pushed on the turnpike.

Last updated September 1, 2023 at 9:07 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-3-02 Hitchhiking and loitering prohibited.

The solicitation of a ride, commonly known as "hitchhiking," or stopping for the purpose of picking up or discharging a hitchhiker, is hereby prohibited on the turnpike. Loitering in or about the toll plazas, service plazas or any other portion of the turnpike is prohibited.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-3-03 Commercial activity.

No person shall solicit funds, offer or display goods or services for sale or post, distribute, or display signs, advertisements, billboards, circulars, written or printed matter, or operate mobile or stationary public-address equipment on or about the turnpike unless the commission shall have granted permission therefor, provided however, that this regulation shall not apply to the display of customary warning, identifying, advertising, or like signs on a vehicle ordinarily and customarily carrying such signs.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-3-04 Aircraft prohibited.

No person shall land an aircraft on or take off in an aircraft from the turnpike or otherwise operate an aircraft on the turnpike, except as permitted by the commission.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: August 31, 2018
• Promulgated Under: 111.15

Ohio Adm.Code 5537-3-05 Licenses overweight or over dimensional vehicle permits.

(A) All applications for an overweight or over dimensional vehicle movement on the turnpike shall be submitted on a form prescribed by the commission. The permit application shall be available on the commission's website at www.ohioturnpike.org.

(1) To be complete, a permit application for a "single trip" permit shall contain all of the information the commission determines necessary to properly administer the permit process.

(2) The permit application shall provide an accurate and complete description of the vehicle and load to be moved and proposed locations of entrance on to the turnpike and exit off the turnpike. The information provided shall include all physical dimensions. Overweight applications shall also include axle weights and spacing, and the gross weight. Inaccurate or otherwise incomplete applications may result in a delay or denial of the issuance of the permit.

(3) The permit application and fee charged shall be submitted by completing an online application on the commission's website at www.ohioturnpike.org.

(4) All permit applications must be accompanied by the fees prescribed by this rule, except as provided therein for advanced payments. Applications without accompanying fees may result in delay or denial of the issuance of the permit.

(B) The commission may refuse to issue a permit. Reasons for the refusal to issue a permit may include but not necessarily include the following:

(1) The applicant or his/her agent has failed to properly or safely secure the load on the vehicle, including but not limited to, failing to properly divide the load over the required number of axles.

(2) Such vehicle as, in the opinion of commission personnel or any police officer, is deemed to be unsafe or could create a hazard upon the turnpike. The burden of proof of the safe condition of such vehicle shall be upon the applicant.

(C) Conditions on permitted movements.

(1) Unless otherwise provided in the permit, no movements except emergency movements shall be made at night (between the hours of sunset to sunrise) for vehicles exceeding ten feet width, ninety feet length, rear overhang beyond four feet and/or one hundred and thirty thousand pounds gross weight or on days designated by the commission's chief engineer as preceding, on and following all national holidays and national holiday weekends or any other day or weekend as designated by the chief engineer and posted on the commission's website at www.ohioturnpike.org.

(2) All movements shall be made at such speeds and in such manner so as to conform to the posted speed limits unless otherwise provided in the permit.

(3) No movements under permits shall be made during adverse weather and/or road conditions, such as storms, slippery or snow-covered roads, thick fog or other conditions restricting visibility. The chief engineer may waive this condition if at his/her discretion such waiver is in the best interest of the public.

(4) No vehicle or load operating under a permit shall be parked upon the turnpike traffic lanes or shoulders at any time, except as directed by a police officer or an authorized employee of the commission, or in the event of a mechanical failure or traffic accident necessitating such stopping, in which case adequate protection shall immediately be provided for the traveling public.

(5) Every operator of a vehicle operating under a permit shall maintain sufficient space, whenever conditions permit, between such vehicle and another vehicle ahead so that an overtaking motor vehicle may enter and occupy such space without danger.

(6) Every vehicle operating under a permit shall, when traveling on the turnpike, remain in the outer traffic lane of the turnpike except as necessary to maintain continuous through movement, to make left turns or exits, or to pass other vehicles. Vehicles that are over dimensional based on width shall not pass other vehicles traveling in the same direction.

(7) Flags and/or flag persons may be required at the discretion of the commission. If the commission determines that flags and/or flag persons are necessary, these requirements will be specified on the permit. Such flags and/or flag persons shall then conform to the following specifications:

(a) All flags shall be clean, bright solid red or orange in color, and at least eighteen inches square. They shall be displayed on the two top rear corners of all over dimensional vehicles or loads and at the extreme ends of all protrusions, projections, or overhangs.

(b) A flag person shall be equipped with a flag and a bright lime green or orange upper outer garment, such as a safety vest which meets or exceeds the performance Class 3 requirements of the latest revision of ANSI/ISEA 107 publication and labeled as meeting the latest revision of ANSI 107 standard performance for Class 3 risk exposure. Such person shall be familiar with proper flagging procedures and be responsible for directing traffic, through proper use of the flag and hand signals at all locations where traffic may be obstructed, at all danger points such as narrow bridges, or when necessary to encroach upon an opposing traffic lane due to breakdown, pulling on or off the pavement, or other similar reasons.

(8) Flashing amber beacons may be required on over dimensional vehicles or combinations of vehicles and loads at the discretion of and as prescribed by the commission. Special vehicle lighting over and above that required by law may be prescribed by the commission for emergency movements at night or during other periods of restricted visibility. If the commission determines that safety lighting devices are necessary, these requirements will be specified on the permit.

(9) All over dimensional vehicles, when their overall length exceeds one hundred and twelve feet, and/or width exceeds ten feet, operating under permits shall display signs on the rear in accordance with standard sign designs as prescribed by the commission.

(10) Private escorts or police escort vehicles may be required at the discretion of and as prescribed by the commission. If the commission determines that escort service is necessary, this requirement will be specified in the permit. Permittees may elect to utilize escorts but must advise the commission of such election in advance and conform to the escort conditions prescribed by the commission and the financial responsibility provisions of the Revised Code. Every person operating a private escort vehicle must be a licensed driver who is also capable of performing the duties of a flag person.

(11) The operator or driver of any over dimensional or overweight vehicle operating under a permit shall strictly adhere to the routing specified in the permit and shall not deviate therefrom except as authorized by the commission for unforeseen conditions that preclude the use of the specified routing. The operator or driver shall also comply with all traffic laws governing the movement of traffic in general.

(12) The permit may specify additional limitations that the commission determines to be necessary for the protection of pavements or structures or that the commission determines to be necessary for the safety of the motoring public.

(D) Permit fees and payment procedure.

(1) The application processing fee is based on a one-way movement. The application fee for a one-way movement for each of the following categories shall be determined and set by the commission and published on its website at www.ohioturnpike.org:

(a) Permit processing fee for over dimensional vehicles (including those based on height up to a maximum of fourteen feet).

(b) Overweight vehicle axles(s) or overweight gross weight (up to one hundred twenty thousand pounds.

(c) Overweight vehicles exceeding one hundred twenty thousand pounds including fees per ton, for each ton over one hundred twenty thousand pounds, per mile traveled.

(d) Over dimensional vehicle fees shall be waived if the vehicle is charged overweight vehicle charges.

(e) Permit revision fee applicable to over dimensional vehicles that exceed eleven feet in width, or one hundred twelve feet in length, or overweight vehicles that exceed one hundred twenty thousand pounds.

(f) Ohio state highway patrol escort and/or inspection fee: sixty dollars per hour.

(2) Permit fees may be made by pre-paid accounts or any other method approved by the commission for payment. If payment is made by pre-paid account, the processing fee will be deducted from the account on the date the permit is approved. At the discretion of the commission, a third-party processor service may be utilized for credit card transactions.

Last updated September 1, 2023 at 9:07 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-3-06 Engine brake.

(A) Every motor vehicle and motorcycle with an internal combustion engine shall at all times be equipped with a muffler which is in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on the turnpike. Every motor vehicle and motorcycle muffler shall be equipped with baffle plates.

(B) Except in cases of emergency or extreme weather conditions, no person may operate an unmuffled engine brake on the turnpike.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: May 26, 2008
• Promulgated Under: 111.15

Chapter 5537-4 Tolls

Ohio Adm.Code 5537-4-01 Payment of toll.

(A) Every owner, lessee or operator of a motor vehicle shall obtain either a toll ticket upon entering the turnpike or shall have in their possession at the time of entry a valid and properly mounted electronic tolling transponder recognized by the E-ZPass group of tolling authorities. Upon exiting the turnpike, every operator using traveling on the turnpike shall pay the toll prescribed, as determined and set by the commission, through by either cash, remittance credit card, an electronic tolling transponder, or electronic means, any additional method of payment approved by the commission except when such use of the turnpike shall have been exempted from such payment by the commission. The toll prescribed shall be based upon the vehicle class assigned by the toll collection system and the distance traveled on the turnpike such other factors as determined by the commission for the operation and maintenance of the turnpike. The commission may issue one or more invoices to collect unpaid tolls from the registered owner, lessee or operator of a vehicle with unpaid tolls including late fees as identified in the published toll schedule.

(B) Contesting liability for tolls, fees, fines, or other administrative charges.

(1) The registered owner may submit a notice to contest liability for tolls, fees, fines, or other administrative charges upon receipt of the first or second invoice. If the commission issues a second invoice to the registered owner as provided in division (A)(16)(b) of section 5537.04 of the Revised Code, the registered owner must submit the notice to contest liability within sixty days after the invoice date of the second invoice.

(2) On receipt of a timely notice to contest liability, the commission shall schedule a hearing at which the registered owner may contest liability. The commission shall send reasonable notice in advance to the registered owner of the time, date, and location of the hearing.

(3) A hearing officer of the commission shall preside over the hearing. The hearing officer shall conduct the hearing at the location of the commission's principal office. The registered owner may present evidence at the hearing as to the reasons why the registered owner is not liable for payment of the toll, fee, fine or other administrative charge. At the hearing, the hearing officer shall determine if the registered owner is liable for the payment of any toll, fee, fine or other administrative charge.

(4) Upon a finding by the hearing officer that the registered owner is not liable, the hearing officer shall enter that finding into the records of the commission and direct the cancellation of the contested toll, fee, fine or other administrative charge.

(5) If the vehicle is registered in Ohio and the hearing officer finds that the registered owner is liable, the hearing officer shall enter that finding into the records of the commission. If payment in full of all unpaid tolls, fees, fines and other administrative charges is not made within thirty days after the date of the hearing officer's decision, the commission may notify the Ohio registrar of motor vehicles of the hearing officer's decision that the registered owner is liable for payment of the tolls, fees, fines and other administrative charges. The commission also may include with the notification to the registrar a motor vehicle certificate of registration issuance prevention order. The commission shall give the registered owner a copy of the order. The order shall remain in effect until the commission notifies the registrar that all unpaid tolls, fees, fines and other administrative charges have been paid in full or that any remaining balance for tolls, fees, fines and other administrative charges has been dismissed.

(6) If the vehicle is registered in a state other than Ohio and the hearing officer finds that the registered owner is liable for payment of the toll, fee, fine or other administrative charge, the commission may send notice of the hearing officer's decision to the department, division, bureau, office, or other unit of government that is functionally equivalent to the state of Ohio bureau of motor vehicles. The commission may include with the notice the registration issuance prevention order, which shall have the same effect in another state or jurisdiction as in the state of Ohio. The commission shall give the registered owner a copy of the order. Upon full payment of all unpaid tolls, fees, fines and other administrative charges, the commission shall notify unit of government that is functionally equivalent to the state of Ohio bureau of motor vehicles.

(7) If, upon being held liable, the registered owner does not pay all unpaid tolls, fees, fines and other administrative charges within thirty days after the date of the hearing officer's decision, and the registered owner does not file an appeal as described in paragraph (C) of this rule within that same thirty-day time period, the commission may file a civil suit against the registered owner in a court of competent jurisdiction as provided in section 5537.04 of the Revised Code.

(C) Appealing hearing findings.

(1) The registered owner may appeal a finding of liability by the hearing officer to the Cuyahoga county court of common pleas as provided in division (A)(5) of section 5537.041 and Chapter 2506. of the Revised Code within thirty days after the date of the hearing officer's decision that the registered owner is liable for payment of such tolls, fees, fines or other administrative charges. If the registered owner fails to timely file an appeal, the registered owner is considered to have waived the registered owner's right to appeal the decision of the hearing officer.

(2) If the court affirms the decision of the commission and payment in full is not made to the commission within thirty days of the final order on appeal, the commission shall inform the registrar of the ruling and the failure by the registered owner to make payment in full to initiate a motor vehicle certificate of registration issuance prevention order. The commission shall give the registered owner a copy of the order. The order shall remain in effect until the commission notifies the registrar that all unpaid tolls, fees, fines and other administrative charges have been paid in full or that any remaining balance for tolls, fees, fines and other administrative charges has been dismissed. The commission also may file a civil suit against the registered owner in a court of competent jurisdiction as provided in section 5537.04 of the Revised Code.

Last updated September 1, 2023 at 9:08 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-02 Evasion of toll.

(A) No owner, lessee or operator of a motor vehicle that travels on the turnpike, knowing the person has no privilege to do so, and with purpose to defraud the commission or avoid the payment of tolls, shall evade a toll assessment point, tamper with or misuse an electronic tolling transponder, obscure a license plate, falsify, destroy, remove, conceal, alter, deface or mutilate any item used by or within the toll collection system, or commit any other act or omission.

(B) Any person who violates this rule may be cited by either the commission or a police officer. If the commission cites a person for violating this rule, in addition to taking any collection action permitted by these rules the commission may impose a charge of one hundred dollars against the person and may collect it with rule 5537-4-07 of the Administrative Code.

Last updated September 1, 2023 at 9:09 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-07

(A) The commission may collect an unpaid toll and related administrative charges from the registered owner, lessee or operator of a motor vehicle that traveled on the turnpike without paying the toll at the time of travel. The commission may issue a manual unpaid toll report to the operator of the motor vehicle in person to assess an unpaid toll or may utilize an electronic monitoring system to issue an invoice to the registered owner of the vehicle to collect the unpaid toll.

(B) Use of an electronic monitoring system by the commission.

(1) If a motor vehicle travels on the turnpike and the toll is not paid at the time of travel, the commission may use an electronic monitoring system to determine if the registered owner of the motor vehicle has established an account for the payment of the toll. If such an account has been established and has sufficient funds, the commission shall charge the account holder the appropriate toll. If the commission cannot locate an established account, or if the established account cannot be charged the appropriate toll, the commission may send an invoice for the unpaid toll and any fees determined by the commission. The commission shall send the invoice to the registered owner of the motor vehicle as documented in the records of any of the following:

(a) The bureau of motor vehicles;

(b) The department, division, bureau, office, or other unit of government of any state or jurisdiction other than the state of Ohio that is functionally equivalent to the bureau of motor vehicles;

(c) An established toll account associated with the motor vehicle that cannot be charged the appropriate toll; or

(d) An updated address as provided by the United States postal service or other third-party source.

(2) With respect to any toll, fee, fine and other administrative charge, the commission, in the commission's sole discretion, may determine not to pursue collection of that toll, fee, fine or other administrative charge or to terminate collection measures in relation to that toll, fee, fine or other administrative charge.

(C) If the commission sends an invoice for the unpaid toll and any fees, fines or other administrative charges in accordance with paragraph (B)(1) of this rule, then the invoice shall not be sent before fifteen days after the date of travel of the trip for which the unpaid toll was assessed, or longer than two years after the date of travel of the trip for which the unpaid toll was assessed.

(D) If a registered owner of a motor vehicle fails to pay or contest an invoice by the payment due in the invoice, the commission may send to the registered owner by regular first class mail a second invoice and additional notices in an attempt to collect the unpaid amounts. The commission may assess an administrative fee for each subsequent invoice and notice, the purpose of which is to enable the commission to recover the expenses of collecting the unpaid toll.

(E) The commission shall establish the amounts of the fees or other administrative charges for unpaid tolls, invoices, second invoices and subsequent notices and shall publish such amounts on its website at www.ohioturnpike.org.

Last updated September 1, 2023 at 9:11 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-03 Loss of toll ticket.

The operator of a motor vehicle who, for any reason, does not have a toll ticket or electronic tolling transponder detected upon entering the turnpike shall be charged, upon reaching the exit toll plaza within the closed ticket system at which the vehicle operator seeks to leave the turnpike, a toll for the applicable vehicle classification which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system.

Last updated September 1, 2023 at 9:10 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-04 Exit of vehicle at point of entry.

The operator of a motor vehicle on the turnpike who exits at the same toll plaza within the closed ticket system at which the operator entered, if not so authorized, shall be charged a toll for the appropriate vehicle classification which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system.

Last updated September 1, 2023 at 9:10 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-05 Tolls for public police officers, emergency vehicles and military vehicles.

Police officers, emergency vehicles, or clearly marked federal or state of Ohio and United States military vehicles, while in the discharge of their official duties on the turnpike or when responding to an emergency off the turnpike, shall be afforded ready access to the turnpike without the payment of tolls.

Last updated September 1, 2023 at 9:11 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Ohio Adm.Code 5537-4-06 Excess time movements.

A motor vehicle traveling within the closed ticket system that remains within the closed ticket system for a time period that exceeds the time deemed necessary and reasonable to travel the turnpike given the posted speed limits and vehicle entry point shall, upon exiting the turnpike, be assessed a toll for the appropriate vehicle classification and which is calculated as if the vehicle traveled from the most distant toll plaza within the closed ticket system. This applies to vehicle that were issued a toll ticket and vehicles with electronic tolling transponders detected upon entering the closed ticket system.

Last updated September 1, 2023 at 9:11 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-5 Damage to Property

Ohio Adm.Code 5537-5-01 Damage to property.

(A) No person shall cut, mutilate, or remove any trees, shrubs, or plants, or deface, damage, mutilate, remove, destroy, or otherwise damage any sign, delineator, building, structure, tower, communications facility or equipment, fence, vehicle, or any other property or equipment owned by or under the jurisdiction or control of the commission or its concessionaires.

(B) No person shall install or attempt to install, construct or place upon or under any portion of the turnpike, any item, sign, device, structure or equipment of any kind for any purpose whatsoever, without prior written approval of the commission.

(C) No material shall be discharged on turnpike property, whether intentionally or unintentionally, that may cause damage to the turnpike, the general public, the commission, its agents and employees, or any real or personal property owned, leased or under the supervision of the commission. For purposes of this subsection only, "damage" includes any effect which may be injurious to health, safety or welfare, or which may cause financial loss or delay the movement of traffic or otherwise effect the safe and efficient operation of the turnpike.

(D) The operator, owner or lessee of any vehicle from which a discharge in violation of any provision of this rule occurs, regardless of the cause of the discharge, shall cooperate fully with the commission, its employees, agents, and third parties authorized by the commission, the police and the Ohio environmental protection agency to respond to an emergency, discharge or blockage of traffic, and shall take any action deemed necessary by them to restore normal traffic conditions and to remove spilled or otherwise discharged material from the turnpike immediately. The vehicle operated, owned or leased by any person failing to cooperate or take such action as deemed necessary by the official in charge of the scene where the discharge occurred is subject to impoundment by the commission or the police until such time as all penalties, towing and storage fees and costs have been satisfied.

(E) In addition to any penalties prescribed by these rules or by applicable state and federal laws and regulations, any person violating any provision of this rule shall be liable to the commission for any and all costs arising out of said violation, including the costs of:

(1) Collecting, testing and disposing of the material and restoring the turnpike to its condition immediately prior to the violation;

(2) Replacing or repairing, in the commission's sole discretion, any property damaged by reason of said violation;

(3) Toll and concession revenue lost because of the closing of the turnpike, any part thereof, or any interchange by reason of said violation;

(4) Medical care, supervision or other costs relating to personal injury suffered by the general public, the commission, its agents or employees; and

(5) Any other costs arising out of said violation and incurred by the commission or third parties.

(F) The commission may recover the costs under paragraph (E) of this rule by way of civil complaint filed in a court of competent jurisdiction, by a consent order executed by an authorized representative of the Ohio environmental protection agency or by any other lawful means.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Ohio Adm.Code 5537-5-02 Injurious material, waste, and rubbish.

(A) No person shall place or knowingly drop upon the turnpike any article which may damage or injure any person or property in or upon the turnpike, or dispose of bottles, cans, paper, garbage, rubbish, or other waste material of any kind or description at any place upon the turnpike except at places designated therefor within service plazas.

(B) The transport or shipment on the turnpike of hazardous or radioactive materials or devices, as those terms are defined in parts 172 and 173, respectively, of the regulations of the United States department of transportation (49 CFR 172, 173, Hazardous Materials Transportation Uniform Safety Act of 1990), shall be in compliance with applicable federal statutes and regulations of the United States department of transportation and the statutes of the state of Ohio.

Last updated September 1, 2023 at 9:12 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-6 Vehicle and Traffic Law

Ohio Adm.Code 5537-6-01 Vehicle and traffic law.

Except for those sections which are inconsistent with or modified by the rules and regulations herein, the current vehicle and traffic laws of the state of Ohio shall apply to vehicle operation on the turnpike.

Last updated March 23, 2023 at 9:09 AM

History

• Effective: March 3, 2001
• Promulgated Under: 111.15

Chapter 5537-7 Penalties

Ohio Adm.Code 5537-7-01 Penalties.

Whoever violates commission rules is guilty under section 5537.99 of the Revised Code of a minor misdemeanor on a first offense. On each subsequent offense such person is guilty of a misdemeanor of the fourth degree.

Whoever violates division (C) of section 5537.16 of the Revised Code, when the violation is a civil violation for failure to comply with toll collection rules, is subject to a fee or charge established and published publicly by the commission.

Whoever violates division (C) of section 5537.16 of the Revised Code in regard to allowable axle or vehicle loads shall be fined in accordance with division (A) of section 5577.99 of the Revised Code.

Last updated September 1, 2023 at 9:13 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-8 Electronic Tolling

Ohio Adm.Code 5537-8-01 Electronic tolling rules.

(A) Electronic toll account applications.

(1) Applications to establish an electronic toll account for the payment of tolls electronically on a prepaid basis on the commission's E-ZPass website at www.ezpassoh.com and at other places considered necessary by the commission.

(2) To be complete, an application shall contain all of the information the commission determines necessary to properly administer the application process.

(3) The commission may refuse to open an electronic toll account if:

(a) All of the information required in the application has not been provided by the applicant:

(b) The applicant has failed to furnish a valid credit card in good standing for the pre-payment of tolls, and the charge made to the credit card by the commission to open the electronic toll account has been declined;

(c) The applicant has not executed, signed and submitted an electronic toll account agreement to the commission; or

(d) For any other reason deemed appropriate or necessary by the commission.

(B) The commission may suspend or close any electronic toll account for any of the following reasons:

(1) The electronic toll account owner has failed to comply with any of the terms and conditions of the electronic toll account agreement.

(2) The account owner's credit card has been declined.

(3) The account owner has failed to maintain a positive account balance.

(4) Any other reason deemed appropriate and necessary by the commission.

(C) The commission may charge and collect the following fees in conjunction with the administration of electronic toll accounts, which fees shall be determined and set by the commission and published on the commission's E-ZPass website at www.ezpassoh.com:

(1) Monthly transponder service fee.

(2) Transponder shipping and handling fee.

(3) Transponder replacement fee.

(4) Returned check fee or declined credit card fee.

(5) Printed statement and/or invoice detail fees:

(6) Video E-ZPass toll fees.

Last updated September 1, 2023 at 9:13 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-9 Accessing Confidential Personal Information

Ohio Adm.Code 5537-9-01 Definitions.

For the purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an instance of copying, viewing, or otherwise perceiving whereas "access" as a verb means copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system" as defined in this rule, that is not a computer systems currently in place nor one for which the acquisition process has been initiated as of the effective date of the agency rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the meaning as defined by division (A)(1) of section 1347.15 of the Revised Code and identified by rules promulgated by the agency in accordance with division (B)(3) of section 1347.15 of the Revised Code the reference the federal or state statutes or administrative rules that make personal information maintained by the agency confidential.

(E) "Employee of the state agency" means each employee of a state agency regardless of whether he/she holds an elected or appointed office or position within the state agency. "Employee of the state agency" is limited to the specific employing state agency.

(F) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(G) "Individual" means a natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(H) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(I) "Person" means a natural person.

(J) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(K) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(L) "Research" means a methodical investigation into a subject.

(M) "Routine" means commonplace, regular, habitual, or ordinary.

(N) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the agency for internal administrative and human resource purposes.

(O) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(P) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited additional of functionality due to changes in business or legal requirements.

Last updated March 23, 2023 at 9:10 AM

History

• Effective: September 13, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5537-9-02 Turnpike Commission procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems, that certain confidential personal information, the agency shall do the following:

(A) Criteria for accessing confidential personal information. Personal information systems of the agency are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the agency to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within the personal information system. The agency shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the agency, the agency shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the agency has no confidential personal information about the individual that is responsive to the individual's request.

(C) Notice of invalid access.

(1) Upon discovery or notification that confidential personal information of a person has been accessed by an employee for an invalid reason, the agency shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the agency shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the agency may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the agency determines that notification would not delay or impede an investigation, the agency shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the agency shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The agency director shall designate an employee of the agency to serve as the data privacy point of contact. The data privacy point of contact shall work with the chief privacy officer within the office of information technology to assist the agency with both the implementation of privacy protections for the confidential personal information that the agency maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The agency director shall designate an employee of the agency to serve at the data privacy point of contact who shall timely complete the privacy impact assessment form developed by the office of information technology.

Last updated March 23, 2023 at 9:10 AM

History

• Effective: September 13, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5537-9-03 Valid reasons for accessing confidential personal information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the [agency's] exercise of its powers or duties, for which only employees of the agency may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system:

(A) Performing the following functions constitute valid reasons for authorized employees of the agency to access confidential personal information:

(1) Responding to a public records request;

(2) Responding to a request from an individual for the list of CPI the agency maintains on that individual;

(3) Administering a constitutional provision or duty;

(4) Administering a statutory provision or duty;

(5) Administering an administrative rule provision or duty;

(6) Complying with any state or federal program requirements;

(7) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(8) Auditing purposes;

(9) Licensure [or permit, eligibility, filing, etc.] processes;

(10) Investigation or law enforcement purposes;

(11) Administrative hearings;

(12) Litigation, complying with an order of the court, or subpoena;

(13) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues;

(14) Complying with an executive order or policy;

(15) Complying with an agency policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state agency; or

(16) Complying with a collective bargaining agreement provision.

(B) To the extent that the general processes described in paragraph (A) of this rule do not cover the following circumstances, for the purpose of carrying out specific duties of the turnpike commission, authorized employees would also have valid reasons for accessing CPI in these following circumstances:

Employees of the customer service center or the department of toll audit and internal control may review CPI of account holders for the purpose of managing and administrating the electronic tolling program.

Last updated March 23, 2023 at 9:10 AM

History

• Effective: September 13, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5537-9-04 Confidentiality statutes.

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the agency confidential and identify the confidential personal information within the scope of rules promulgated by this agency in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a., unless the person was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(C) Electronic tolling account: section 1306.23 of the Revised Code.

Last updated March 23, 2023 at 9:10 AM

History

• Effective: September 13, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5537-9-05 Restricting and logging access to confidential personal information in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the agency shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the agency acquires a new computer system that stores, manages, or contains confidential personal information, the agency shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system.

(C) Upgrading existing computer systems. When the agency modifies an existing computer system that stores, managers, or contains confidential personal information, the agency shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the agency to confidential personal information in the system

(D) Logging requirements regarding confidential personal information in existing computer systems.

(1) The agency shall require employees of the agency who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the agency is accessing confidential personal information for official agency purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the agency is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the agency comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the agency accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the agency takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) For purposes of this paragraph, the agency may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The agency shall issue a policy that specifies the following:

(1) Who shall maintain the log.

(2) What information shall be captured in the log.

(3) How the log is to be stored.

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the agency from requiring logging in any circumstance that it deems necessary.

Last updated March 23, 2023 at 9:10 AM

History

• Effective: September 13, 2010
• Promulgated Under: 119.03

Ohio Adm.Code 5537-9-06 Electronic accounts confidential.

All information contained in electronic toll accounts maintained by the commission or its authorized representative shall be confidential personal information.

Last updated September 1, 2023 at 9:13 AM

History

• Effective: September 1, 2023
• Promulgated Under: 111.15

Chapter 5537-10 Infrastructure Projects

Ohio Adm.Code 5537-10-01 Infrastructure project funding.

The procedures and criteria under which the commission may approve an application received from the director of transportation for funding infrastructure projects with infrastructure funds are set forth in this rule.

(A) For purposes of this rule, the following definitions shall apply:

(1) "Infrastructure project" means any public express or limited access highway, super highway, or motorway, including all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and those portions of connecting public roads that serve interchanges, that is constructed or improved, in whole or in part, with infrastructure funding approved pursuant to criteria established under section 5537.18 of the Revised Code.

(2) "Infrastructure fund" means the applicable fund or funds created by the bond proceedings, which shall be used to pay or defray the cost of infrastructure projects recommended by the director of transportation and evaluated and approved by the commission.

(3) "Ohio turnpike system" means all existing and future turnpike projects constructed, operated, and maintained under the jurisdiction of the commission.

(4) "Ohio turnpike and infrastructure system" means turnpike projects and infrastructure projects funded by the commission existing on and after July 1, 2013, that facilitate access to, use of, and egress from the Ohio turnpike system, and also facilitate access to and from areas of population, commerce, and industry that are connected to the Ohio turnpike system.

(B) The director of transportation may submit applications to the commission for infrastructure project funding. Any application to the commission for infrastructure project funding, as submitted by the director, shall include only infrastructure projects that previously have been reviewed and recommended by the transportation review advisory council pursuant to the selection process followed by the council under Chapter 5512. of the Revised Code. An application submitted by the director of transportation may request infrastructure funding for all or a portion of any single infrastructure project, or an application may request funding that combines separate infrastructure projects, provided each individual project within such an application meets the requirements of paragraph (C) of this rule. The commission may proscribe a form for the director of transportation to utilize in submitting applications to the commission for infrastructure project funding. The application form shall include a request for the following information:

(1) Identification of the infrastructure project or projects that are the subject of the infrastructure funding request;

(2) A description of the type of construction or improvement work to be performed;

(3) The amount of infrastructure funds being requested; and

(4) The anticipated benefit to the system of public highways in the state of Ohio and transportation-related nexus with, and relationship to, the Ohio turnpike system and the Ohio turnpike and infrastructure system based on the criteria set forth under paragraph (C) of this rule.

(C) The commission shall not approve an application received from the director of transportation for infrastructure project funding unless the commission has first determined that the infrastructure project or projects for which funding is being requested shall have an anticipated benefit to the system of public highways in the state of Ohio and transportation-related nexus with, and relationship to, the Ohio turnpike system and the Ohio turnpike and infrastructure system. In making this determination, each infrastructure project that is the subject of an application from the director of transportation shall be evaluated by the commission in accordance with the following criteria:

(1) The physical proximity of the infrastructure project to, and a direct or indirect physical connection between, the infrastructure project and the Ohio turnpike system;

(2) The impact of the infrastructure project on traffic density, flow through, or capacity on the Ohio turnpike system;

(3) The impact of the infrastructure project on the Ohio turnpike system, toll revenue or other revenues;

(4) The impact of the infrastructure project on the movement of goods and services on, or in the area of, the Ohio turnpike system; and

(5) The enhancement or improvement by and through the infrastructure project of access to, use of, and egress from the Ohio turnpike system, and access to and from connected areas of population, commerce, and industry.

(D) Each application for infrastructure project funding submitted by the director of transportation pursuant the procedures enumerated under paragraph (B) of this rule shall be evaluated by the commission in accordance with the criteria set forth under paragraph (C) of this rule. Upon the commission's formal approval of an application from the director of transportation to fund all or a portion of an infrastructure project or projects with infrastructure funds, the commission shall enter into an agreement with the Ohio department of transportation to provide the infrastructure project funds in accordance with the terms and conditions of that agreement. A determination or approval made by the commission under this rule is conclusive and incontestable.

(E) Nothing in this rule shall interfere with the authority of the director of transportation under Chapter 5512. of the Revised Code.

Last updated October 25, 2023 at 12:20 PM

History

• Effective: August 30, 2013
• Promulgated Under: 111.15