Ohio Adm.Code 4901:2 | Ohio Administrative Code 4901:2 — Public Utilities Commission of Ohio | Motor Carriers

Chapter 4901:2-5 Safety Standards

Ohio Adm.Code 4901:2-5-01 Definitions.

(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

History

Effective: October 30, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-02

(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 August 1, 2025.

Last updated January 5, 2026 at 8:45 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-03 Adoption and applicability of U.S. department of transportation safety standards.

(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

History

Effective: September 26, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-05

(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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 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, except with the proper hazardous materials endorsement issued under division (A)(2) of section 4506.131 of the Revised Code.

(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 January 5, 2026 at 8:45 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-14

(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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-08 Mud flaps.

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

History

Effective: December 25, 1987
Promulgated Under: 111.15

Ohio Adm.Code 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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-13

(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."

(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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-7 Forfeitures and Compliance Orders

Ohio Adm.Code 4901:2-7-01 Definitions.

As used in this chapter:

(A) "Commission" means the public utilities commission of Ohio.

(B) "Days," when used to compute any period of time prescribed or allowed by these rules, do not include the date of the act or event from which the designated period of time begins to run. The last day of the period so computed is included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(D) "Filing" means delivery to the commission's docketing division in accordance with rule 4901-1-02 of the Administrative Code.

(E) "Hearing" means all proceedings before the commission involving a violation, commencing with the filing of a request for administrative hearing and concluding with the issuance of a final order of the commission.

(F) "Parties" means the staff, the respondent, and any persons permitted to intervene in accordance with rule 4901-1-11 of the Administrative Code, after commencement of a hearing.

(G) "Person" has the same meaning as in section 1.59 of the Revised Code.

(H) "Report of violation" means the information provided to staff in accordance with rule 4901:2-7-04 of the Administrative Code, or as a result of an inspection conducted pursuant to rule 4901-2-5-13 of the Administrative Code, including any documentary, photographic, or other evidence collected regarding the violation.

(I) "Respondent" means a person that the staff has determined may be responsible for a violation.

(J) "Staff" means employees of the transportation department of the commission to whom responsibility has been delegated for administering the provisions of section 4923.99 of the Revised Code, as applicable.

(K) "Violation" means any conduct, act, or failure to act, prohibited by Chapters 4921. and 4923. of the Revised Code, and rules adopted thereunder, or commission order.

Last updated July 27, 2023 at 9:24 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-04

(A) The commission, any commissioner, the legal director, the deputy legal director, or an attorney examiner may issue subpoenas, upon the request of the staff, when the staff has cause to believe that a violation for which a forfeiture may be assessed has been committed. A subpoena commands the person to whom it is directed to attend and give testimony at the time and place specified therein. A subpoena may also command such person to produce the papers, documents, or other tangible things described therein. A subpoena issued under this rule shall be served by personal service or by certified United States mail and is effective upon receipt.

(B) The commission, any commissioner, the legal director, the deputy legal director, or an attorney examiner may, upon his or her own motion or upon motion of the person to whom the subpoena is directed, quash a subpoena if it is unlawful, unreasonable, or oppressive.

(C) Any person having statutory authority to take enforcement action regarding a violation may transmit a report of violation to staff on forms prescribed by the director, or otherwise in writing.

Last updated July 27, 2023 at 9:25 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-02 Purpose and scope.

(A) This chapter governs all proceedings of the commission to assess forfeitures and make compliance orders as authorized by section 4923.99 of the Revised Code.

(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.

Last updated July 13, 2023 at 3:03 PM

History

Effective: July 22, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-03 Service.

(A) General provisions

(1) The official address of the staff is "Public Utilities Commission of Ohio, Transportation Compliance Division, 180 East Broad Street, Columbus, OH 43215-3793."

(2) All documents served upon the staff via facsimile transmission must be sent to the facsimile machine in the commission's transportation compliance division at (614) 466-2753.

(B) Unless provided otherwise by this chapter, service upon the staff may be made by ordinary or certified United States mail, by courier service, by facsimile transmission, by personal service, or via any electronic means that the staff makes available to a respondent to achieve service upon the staff. Service is effective upon receipt except that service by United States mail is complete upon mailing and service by facsimile transmission or electronic means is complete upon transmission.

(C) Service upon a respondent occurs by ordinary or certified United States mail, by courier service, by facsimile transmission, by personal service, or via any electronic means that a respondent has consented to for the purpose of receiving service. Service is effective upon receipt by any person, except that service by ordinary or certified United States mail is effective upon mailing and service by facsimile transmission or electronic mail is complete upon transmission. Service upon a respondent by ordinary or certified United States mail occurs at any of the following:

(1) If the respondent is a natural person:

(a) The address listed on a report of violation.

(b) The address listed on the respondent's driver's license or in the records of drivers' licenses maintained by a state.

(c) If the respondent has filed a request for conference or otherwise appeared, itself or through an authorized representative, at the address indicated in the appearance or other communication.

(d) The respondent's place of employment.

(e) The last known address of the respondent.

(2) If the respondent is other than a natural person:

(a) If the respondent has filed a request for conference or otherwise appeared, itself or through an authorized representative, at the address indicated in the appearance or other communication.

(b) The address listed on an application form submitted pursuant to Chapter 4901:2-6, 4901:2-15, or 4901:2-21 of the Administrative Code, or otherwise designated by the respondent, in writing, with the staff.

(d) Any business address of the respondent.

(e) The address of any agent designated by the respondent to receive service on its behalf.

(D) Once a respondent has served a request for administrative hearing in pursuant to rule 4901:2-7-13 of the Administrative Code, any further service occurs in accordance with Chapter 4901-1 of the Administrative Code.

Last updated July 27, 2023 at 9:24 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-13

Within thirty days following service by the staff of a notice of preliminary determination in accordance with rule 4901:2-7-12 of the Administrative Code, the respondent may file a "request for administrative hearing" with the commission's docketing division. Acceptable written requests for administrative hearing contain the name, address, and telephone number of the respondent and the case number assigned to the matter by the staff, are signed by the respondent or its authorized representative, and attach a copy of the notice of preliminary determination served by the staff upon the respondent.

Last updated July 27, 2023 at 9:32 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-05 Notice of apparent violation.

When the staff receives a report of violation, or otherwise discovers a violation, it may serve a "notice of apparent violation" upon one or more respondents. The notice of apparent violation contains:

(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.

(B) Reference to the statute, rule or regulation, or order of the commission that was violated.

(D) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the violation.

(E) A notice that failure to contest the violation conclusively establishes the occurrence of the violation.

Last updated July 27, 2023 at 9:25 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-07 Notice of intent to assess forfeiture.

(A) Within ninety days of the receipt of a report of violation, or the discovery of a violation, but no later than one year following the date the violation occurred, the staff may serve a "notice of intent to assess forfeiture" for that violation upon one or more respondents. The notice of intent to assess forfeiture contains:

(1) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.

(2) Reference to the statute, rule or regulation, or order of the commission that was violated.

(3) A brief description of the manner in which the violation is alleged to have occurred.

(4) The amount of the forfeiture intended to be assessed.

(5) A statement that respondent's failure to serve a timely request for conference constitutes a waiver of respondent's right to further contest liability to the state for the forfeiture described in the notice.

(6) A description of the manner in which the respondent may make payment of the forfeiture.

(7) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the occurrence of the violation or the amount of the forfeiture.

(B) Staff's consideration in determining the amount of any forfeiture to be assessed, includes:

(1) The nature and circumstances of the violation.

(2) The extent and gravity of the violation.

(3) The degree of the respondent's culpability.

(4) The respondent's history of violations, and any other available information concerning the respondent's operations.

Last updated July 27, 2023 at 9:30 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-08 Notice of intent to make compliance order.

When staff has reason to believe that a person or entity has committed one or more violations, staff may serve a "notice of intent to make compliance order" upon one or more respondents that is reasonably calculated to prevent future violations. The notice of intent to make compliance order contains:

(A) An identification of the date of each violation and person, vehicle, or facility concerning which the violation occurred.

(B) Reference to the statute, rule or regulation, or order of the commission that was violated.

(D) The language of the compliance order intended to be made.

(E) A statement that respondent's failure to serve timely a request for conference constitutes a waiver of respondent's right to further contest the making of the order described in the notice.

(F) Instructions regarding the manner in which the respondent may serve a timely request for conference to contest the making of the compliance order.

Last updated July 27, 2023 at 9:30 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-09 Combined notices.

One or more timely notices directed to a single respondent may be combined or merged in any combination.

Last updated July 13, 2023 at 3:03 PM

History

Effective: December 23, 1988
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-10 Request for conference.

(A) A respondent upon whom a notice of apparent violation, a notice of intent to assess forfeiture, a notice of intent to make compliance order, or a combined notice has been served may, within thirty days, serve upon staff a "request for conference." The written request for conference may be in any legible form which identifies the matter to be discussed, communicates respondent's desire to have a conference concerning the matter, and contains the name, address, and telephone number of the respondent or the respondent's authorized representative.

(B) The conference may occur via video conference, by telephone, or through written communications, and may be held with the respondent or the respondent's authorized representative. The respondent may present reasons why the violation did not occur as alleged, mitigating circumstances regarding the amount of the forfeiture, reasons why the compliance order may be unjustified, or any other information relevant to the action proposed to be taken.

(C) The staff may notify the respondent of the date and time of the settlement conference by service of a scheduling notice, at least fourteen days prior to the date and time established for the conference, unless otherwise agreed by the staff and the respondent.

(D) Unless contained in or otherwise provided in a settlement agreement, no statement or conduct occurring in a settlement conference is admissible in any hearing regarding the violation.

Last updated July 27, 2023 at 9:30 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-11 Settlement agreements.

(A) Should the staff and the respondent reach agreement regarding the occurrence of a violation, the amount of a forfeiture to be assessed, or the nature of a compliance order to be made, the agreement may be reduced to writing in a "settlement agreement." Where an agreement is signed by the director and by the respondent, it is fully binding upon the commission and the respondent upon execution, except as otherwise provided in this rule.

(B) A settlement agreement may contain an agreed forfeiture, an agreed compliance order, another agreed remedy, or withdrawal of the violation, regardless of the remedy specified in the notice of apparent violation, notice of intent to assess forfeiture, notice of intent to make compliance order, or a combined notice.

(C) Settlement agreements providing for the payment of forfeitures of ten thousand dollars or more for any violation are not effective until approved by and made the order of the commission.

(D) In negotiating a settlement agreement, staff may consider any matters as justice may require, including, but not limited to:

(1) Mitigating circumstances relevant to the occurrence of the violation.

(2) The respondent's ability to pay.

(3) The effect on the respondent's ability to continue in business.

(4) Imposition of remedies to assure future compliance other than those specified in the notice.

(E) Notwithstanding paragraph (A) of rule 4901:2-7-11 of the Administrative Code, a respondent is deemed to have accepted the terms of a settlement agreement, if the settlement agreement only requires the respondent to pay an agreed forfeiture and the respondent pays that forfeiture.

Last updated July 27, 2023 at 9:31 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-12 Notice of preliminary determination.

Following service of a notice of apparent violation, a notice of intent to assess forfeiture, a notice of intent to make compliance order, or a combined notice, the staff may serve a "notice of preliminary determination" upon the respondent. The signed notice of preliminary determination contains:

(A) An identification of the date of the violation and person, vehicle, or facility concerning which the violation occurred.

(B) Reference to the statute, rule or regulation, or order of the commission which was violated.

(C) A brief description of the violation, the amount of the forfeiture intended to be assessed, or the language of the compliance order intended to be made.

(D) Instructions regarding the manner in which the respondent may serve a timely request for administrative hearing to contest the alleged violation, the proposed forfeiture, or the making of the compliance order.

(E) A notice that failure to file a request for administrative hearing conclusively establishes the occurrence of the violation described in the notice of preliminary determination and constitutes a waiver of the right of the respondent to contest liability to the state for the forfeiture proposed in the notice of preliminary determination or the right of the respondent to contest the making of the compliance order proposed in the notice of preliminary determination.

Last updated July 27, 2023 at 9:31 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-14 Default.

(A) A respondent upon whom a notice of intent to assess forfeiture has been served who fails within thirty days to pay the amount of the forfeiture stated in the notice or to serve upon staff a request for conference is in default. A respondent in default is deemed to have admitted the occurrence of the violation and waived all further right to contest liability to the state for the forfeiture described in the notice of intent to assess forfeiture.

(B) A respondent upon whom a notice of intent to make compliance order has been served who fails to serve upon staff within thirty days a request for conference is in default. A respondent in default is deemed to have admitted the occurrence of the violation and waived all further right to contest the making of the compliance order described in the notice of intent to make compliance order.

(C) A respondent upon whom a notice of preliminary determination has been served who fails within thirty days to pay the amount of the forfeiture proposed in the notice of preliminary determination or to file with the commission's docketing division a request for administrative hearing is in default. A respondent in default is deemed to have admitted the occurrence of the violation and waived all further right to contest liability for the forfeiture proposed in the notice of preliminary determination or to contest the making of the compliance order described in the notice of preliminary determination.

(D) A respondent who has failed to comply with the provisions of a settlement agreement for a period exceeding thirty days is in default. A respondent in default is deemed to have admitted the occurrence of the violation and waived all further right to contest liability for the forfeiture proposed in the notice of intent to assess forfeiture or to contest the making of the compliance order described in the notice of intent to assess forfeiture.

(E) A respondent who has requested an administrative hearing and fails to appear for the evidentiary hearing is in default. A respondent in default is deemed to have admitted the occurrence of the violation and waived all further right to contest liability for the forfeiture proposed in the notice of preliminary determination or to contest the making of the compliance order described in the notice of preliminary determination.

(F) If a respondent is in default, the commission may, on its own motion and without prior notification to respondent, make an order adopting the remedy set out in the notice with respect to which a default has occurred pursuant to this rule. A copy of the order is to be served upon any affected respondent. A respondent that is in default, and has been subjected to an order of the commission, may file an application for rehearing in accordance with rule 4901-1-35 of the Administrative Code.

Last updated July 27, 2023 at 9:32 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-15 Extensions of time.

(A) Prior to a respondent filing a request for an administrative hearing pursuant to rule 4901:2-7-13 of the Administrative Code, any time within which a respondent is required to act under this chapter may be extended by the director, in writing, for good cause shown.

(B) Prior to a respondent filing a request for an administrative hearing pursuant to rule 4901:2-7-13 of the Administrative Code, any time within which the staff is required to act under this chapter may be extended by the written agreement of the staff and the respondent.

Last updated July 13, 2023 at 3:04 PM

History

Effective: July 22, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-16 Conduct of hearing.

(A) Unless otherwise provided in this chapter, all hearings occur in accordance with Chapter 4901-1 of the Administrative Code.

(B) Subsequent to a respondent filing a request for administrative hearing pursuant to rule 4901:2-7-13 of the Administrative Code, a prehearing conference may be scheduled in accordance with rule 4901-1-26 of the Administrative Code, unless otherwise ordered by the commission or agreed by the parties.

(C) Discovery can occur in accordance with rules 4901-1-16 to 4901-1-24 of the Administrative Code except that depositions are permitted only upon agreement of all parties or motion granted by the commission, the legal director, the deputy legal director, or the attorney examiner assigned to the case, which leave can not be unreasonably withheld.

(D) The commission, the legal director, the deputy legal director, or an attorney examiner assigns the time and place for an evidentiary hearing. The evidentiary hearing may consist of written stipulations, oral testimony, or such other evidence that is admitted.

Last updated July 27, 2023 at 9:33 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-20 Burden of proof.

(A) During the evidentiary hearing, the staff must prove the occurrence of a violation by a preponderance of the evidence.

(B) If staff is required to establish a respondent's history of violations, prior reports of violation relied upon by staff to meet its burden constitute prima facie evidence of the occurrence of those violations. Additionally, the staff's reliance on any of the following conclusively establishes the occurrence of a prior violation:

(1) Any final order concerning a prior violation rendered by the commission as the result of a hearing.

(2) Any final order concerning a prior violation rendered by the commission in accordance with paragraph (F) of rule 4901:2-7-14 of the Administrative Code.

(3) Any instance for which staff has served a notice of apparent violation concerning a prior violation, and no request for conference has been served by respondent within the time provided in this chapter, or, for which staff has served a notice of preliminary determination concerning a prior violation, and no request for administrative hearing has been filed by respondent within the time provided in this rule.

Last updated July 27, 2023 at 9:33 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-21 Remedy ordered.

If justified by the evidence in any hearing, the commission may order payment of a forfeiture greater than, less than, or equal to the forfeiture requested in the notice of intent to assess forfeiture or the notice of preliminary determination. The commission is not restricted in the making of any compliance order by the order proposed in the notice of intent to make compliance order or the notice of preliminary determination, if another order is justified by the evidence.

Last updated July 13, 2023 at 3:04 PM

History

Effective: July 22, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-7-22 Payment of forfeitures.

(A) Forfeitures are to be paid by check, money order, or by any other means the staff makes available to a respondent. A check or money order made payable to "Treasurer, State of Ohio," and may be mailed or delivered to:

"Public Utilities Commission of Ohio

Transportation Compliance Division

Attn: CF Processing

180 East Broad Street

Columbus, Ohio 43215-3793"

Any instrument of payment should contain the identifying case number of the violation for which payment is tendered.

(B) If the only remedy requested with respect to a violation is the payment of a forfeiture, and full payment of the forfeiture demanded in the notice is made prior to the execution of a settlement agreement or any final commission order, full payment constitutes an admission of the occurrence of the violation and terminates all further proceedings under this chapter, and Chapter 4901-1 of the Administrative Code, regarding that violation. Full payment under these circumstances conclusively establishes the occurrence of the violation for purposes of consideration of a respondent's history of violations and for determining the appropriate remedy for any future violation.

Last updated July 27, 2023 at 9:33 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-8 Highway Routing of Non-Radioactive Hazardous Materials

Ohio Adm.Code 4901:2-8-01 Definitions.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:2-5-02 of the Administrative Code.]

As used in this chapter:

(A) "Carrier" means any person, engaged in the highway transportation of hazardous materials, in commerce, into, within, or through this state.

(B) "Designated routes" means those highway routes on which hazardous materials must be transported.

(C) "Hazardous materials" means nonradioactive hazardous materials of a type or in a quantity that requires the transport 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.

(D) "Restricted routes" means those highway routes on which hazardous materials may not be transported.

(E) "Routing designation" means any regulation, limitation, or restriction applicable to the highway transportation of hazardous materials over a specific highway route or portion of a route.

Last updated July 13, 2023 at 3:04 PM

History

Effective: June 9, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-02

(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.

Last updated January 5, 2026 at 8:45 AM

History

Effective: January 1, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-8-02 Purpose and scope.

(A) This chapter governs all proceedings of the commission to establish routing designations applicable to the highways transportation of nonradioactive hazardous materials, in commerce, into, within, or through, this state as authorized by section 4923.11 of the Revised Code.

(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 serves, to incorporate by reference the particular version of the cited matter 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 9:34 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-8-03 Establishment of routing designations.

[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:2-5-02 of the Administrative Code.]

(A) Other than routing designations recognized by the United States department of transportation, routing designations are established in accordance with 49 C.F.R. 397, as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the Administrative Code.

(B) No carrier transporting hazardous materials into, within, or through, this state shall fail to comply with routing designations recognized by the United States department of transportation or established in accordance with this rule.

Last updated July 27, 2023 at 9:34 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-8-04 Routing designations for northeast Ohio.

(A) As used in this rule, "northeast Ohio" means the following counties in the state of Ohio: Cuyahoga, Geauga, Lake, Lorain, Medina.

(B) As used in this rule, "through transportation" means the transportation of hazardous materials which has neither a place of origin nor a destination in northeast Ohio.

(1) Interstate 90 from the Lake/Ashtabula county line to interstate 271 in Lake county.

(2) Interstate 80 and interstate 80/90 (Ohio Turnpike) from gate 13 in Portage county to the Lorain/Erie county line.

(3) Interstate 271 from interstate 90 in Lake county to interstate 71 in Medina county.

(4) Interstate 77 from interstate 80 in Cuyahoga county to interstate 271 in Summit county.

(5) Interstate 71 from interstate 80 in Cuyahoga county to Medina/Wayne county line.

(6) Interstate 480 from interstate 80, gate 13 in Portage county to interstate 271 in Summit county.

(7) Interstate 480 from interstate 480N in Cuyahoga county to interstate 80 in Lorain county.

(8) Interstate 480N from interstate 271 to interstate 480 in Cuyahoga county.

(D) The following routes are restricted routes for the through transportation of hazardous materials in northeast Ohio:

(1) Interstate 90 from interstate 271 in Lake county to interstate 80/90 in Lorain county.

(2) Interstate 71 from interstate 80 to interstate 90 in Cuyahoga county.

(3) Interstate 77 from interstate 80 to interstate 90 in Cuyahoga county.

(4) Interstate 490 from interstate 90 to interstate 77 in Cuyahoga county.

(5) State route 2 from state route 44 to interstate 90 in Lake county.

(6) State route 44 from state route 2 to interstate 90 in Lake county.

(7) Interstate 480 from interstate 271 to interstate 480N in Cuyahoga county.

(8) Any other highway or state or local road not otherwise designated for the transportation of hazardous materials by this rule.

Last updated July 27, 2023 at 9:35 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-13 Insurance

Ohio Adm.Code 4901:2-13-01 Definitions.

(A) "Cargo liability" means liability for loss or damage to household goods belonging to individual shippers and coming into possession of a for-hire motor carrier in connection with its transportation service.

(B) "Commission" means the public utilities commission of Ohio.

(C) "Evidence of security" means a surety bond, policy of insurance, or certificate of insurance issued to a motor carrier to satisfy the financial responsibility requirements set forth in this chapter.

(D) "Financial responsibility" means the financial reserves (e.g. insurance policies or surety bonds) sufficient to satisfy liability amounts set forth in this chapter covering public liability and cargo liability.

(E) "For-hire motor carrier" has the same meaning as in section 4921.01 of the Revised Code.

(F) "Gross combination weight rating" has the same meaning as in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(G) "Gross vehicle weight rating" has the same meaning as in 49 C.F.R. 390.5, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(H) "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 4901:2-13-02 of the Administrative Code.

(I) "Household goods" has the same meaning as in section 4921.01 of the Revised Code.

(J) "Interstate commerce" has the same meaning as in section 4921.01 of the Revised Code.

(K) Intrastate commerce" means any trade, traffic, or transportation within Ohio which does not meet the definition of interstate commerce.

(L) "Motor carrier" includes all for-hire motor carriers and private motor carriers operating in intrastate commerce.

(M) "Motor vehicle" has the same meaning as in section 4921.01 of the Revised Code.

(N) "Private motor carrier" has the same meaning as in section 4923.01 of the Revised Code.

(O) "Public Liability" means liability for bodily injury or property damage and includes liability for environmental restoration.

Last updated July 13, 2023 at 3:05 PM

History

Effective: December 11, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-13-02

(A) This chapter governs the establishment of insurance requirements applicable to motor carriers operating in intrastate commerce.

(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.

Last updated December 21, 2023 at 7:39 AM

History

Effective: December 21, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-13-03 Minimum levels of financial responsibility.

No motor carrier shall operate a motor vehicle in intrastate commerce unless the motor carrier has obtained and has in effect the minimum levels of financial responsibility as set forth in this rule.

(A) For-hire motor carriers engaged in the transportation of property in intrastate commerce, and not subject to paragraph (D) or (E) of this rule, shall maintain minimum levels of financial responsibility covering public liability in an amount of seven hundred fifty thousand dollars, unless the for-hire motor carrier exclusively operates motor vehicles with a gross vehicle weight rating or a gross combination weight rating of less than ten thousand one pounds, in which event the for-hire motor carrier shall maintain minimum levels of financial responsibility covering public liability in an amount of three hundred thousand dollars.

(B) For-hire motor carriers, engaged in the transportation of household goods in intrastate commerce, shall maintain minimum levels of financial responsibility covering cargo liability in an amount of:

(1) Five thousand dollars for loss of or damage to household goods carried on any one motor vehicle; and

(2) Ten thousand dollars for loss of or damage to, or aggregate of losses or damages of or to, household goods occurring at any one time or place.

(C) For-hire motor carriers, engaged in the transportation of passengers in intrastate commerce, shall maintain minimum levels of financial responsibility covering public liability in an amount of:

(1) Five million dollars if operating vehicles with a seating capacity of sixteen passengers or more including the driver; or

(2) One million five hundred thousand dollars if operating vehicles with a seating capacity of fifteen passengers or less including the driver.

(D) For-hire motor carriers and private motor carriers engaged in the transportation of the following hazardous materials in intrastate commerce shall maintain minimum levels of financial responsibility covering public liability in an amount of five million dollars:

(1) Hazardous substances as defined in 49 C.F.R. 171.8, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of thirty-five hundred water gallons.

(2) Class 1.1, 1.2, and 1.3 materials as defined in 49 C.F.R. 173.50, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(3) Class 2.3, Hazard Zone A materials as defined in 49 C.F.R. 173.115 and 173.116, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(4) Class 6.1, Packing Group I, Hazard Zone A materials as defined in 49 C.F.R. 173.132 and 173.133, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(5) Class 2.1 or 2.2 materials as defined in 49 C.F.R. 173.115, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in containment systems with capacities in excess of 3,500 water gallons.

(6) Highway route controlled quantities of a Class 7 material, as defined in 49 C.F.R. 173.403, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code.

(E) For-hire motor carriers and private motor carriers engaged in the transportation of the following hazardous materials in intrastate commerce shall maintain minimum levels of financial responsibility covering public liability in an amount of one million dollars:

(1) Oil listed in 49 C.F.R. 172.101, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, in any quantity.

(2) Hazardous waste, hazardous materials, and hazardous substances defined in 49 C.F.R. 171.8, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, and listed in 49 C.F.R. 172.101, as effective on the date referenced in paragraph (C) of rule 4901:2-13-02 of the Administrative Code, but not mentioned in paragraph (D) of this rule, in any quantity.

Last updated July 13, 2023 at 3:05 PM

History

Effective: December 11, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-13-04 Financial responsibility filing requirements.

(A) No for-hire motor carrier that is subject to section 4921.09 of the Revised Code, shall engage in intrastate commerce, and no certificate of public convenience and necessity shall be issued to a for-hire motor carrier, or remain in effect, unless it has filed with and has had approved by the commission evidence of financial responsibility covering public liability in the amounts set forth in rule 4901:2-13-03 of the Administrative Code.

(B) Evidence of financial responsibility covering cargo liability in the amounts set forth in rule 4901:2-13-03 of the Administrative Code must be filed by all for-hire motor carriers engaged in the transportation of household goods in intrastate commerce. However, bus companies operating in intrastate commerce are not required to do so.

(C) Separate evidence of financial responsibility shall be filed with the commission for each for-hire motor carrier holding a certificate of public convenience and necessity. A for-hire motor carrier shall cause such evidence of financial responsibility to be filed with the commission by the insurer.

Last updated July 13, 2023 at 3:05 PM

History

Effective: December 11, 2014
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-13-05 General requirements.

(A) Evidence of security required under the rules of this chapter must be issued by an insurance or bonding company authorized to do business in Ohio by the Ohio department of insurance.

(B) Each type of coverage (e.g. public liability, cargo liability) may be written with multiple companies or with a single company.

(C) Evidence of security written for filing with the commission pursuant to rule 4901:2-13-04 of the Administrative Code may be for a specified period or continuous until canceled. Continuous coverage is preferred by the commission.

(D) Acceptable evidence of security written for filing with the commission pursuant to rule 4901:2-13-04 of the Administrative Code includes the full and correct name of the applicant for or the holder of a certificate of public convenience and necessity and, whenever necessary, such amended policy, certificate, or bond as is necessary to show the name or names of the legal or personal representatives, trustees and receivers, engaging or proposing to engage as a for-hire motor carrier. Acceptable evidence of security also shows the address and principal place of business of the insured for-hire motor carrier or legal representative.

Last updated July 27, 2023 at 9:35 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-13-08 Expiration and cancellation of insurance; rescission of cancellation.

(A) When evidence of security required to be on file with the commission pursuant to rule 4901:2-13-04 of the Administrative Code is to be canceled short of the specified term or expiration date specified therein, the commission requires not less than ten days' written notice of cancellation. Notice of cancellation may be given to the commission by the insurer in the form set forth by the commission.

(B) Notice to rescind cancellation and reinstate an insurance policy or surety bond may be given to the commission in the form set forth by the commission.

Last updated July 27, 2023 at 9:36 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-15 Registration of Motor Carriers Operating Under Authority Issued by the Interstate Commerce Commission

Ohio Adm.Code 4901:2-15-01 Definitions.

(A) "Base state" means a participating state in which a motor carrier, motor private carrier, broker, leasing company, or freight forwarder subject to the unified carrier registration plan shall designate.

(B) "Broker" means a person who, for compensation, sells, arranges for, or offers to arrange the transportation of persons or property by motor carrier.

(D) "Freight forwarder" means a person who, for compensation, arranges for or offers to arrange for the transportation of property belonging to others, utilizing motor carriers to provide the actual transportation, and in the ordinary course of its business:

(1) Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; and

(2) Assumes responsibility for the transportation from the place of receipt to the place of destination.

(E) "Interstate commerce" has the same meaning as in section 4921.01 of the Revised Code.

(F) "Leasing company" means a person engaged in the business of leasing or renting, for compensation, motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder.

(G) "Motor carrier" means a person engaged in the business of transporting persons or property by motor vehicle for compensation, in interstate commerce.

(H) "Motor private carrier" means a person who is not a motor carrier but is engaged in the transportation of property by motor vehicle in interstate commerce in order to support its primary line of business.

(I) "Motor vehicle" means a vehicle that is self-propelled by mechanical power and used upon the highways in the transportation of persons or property, or any combination thereof, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

(J) "Participating state" means a state that participates in the unified carrier registration plan.

(K) "Principal place of business" means a single location that serves as a registrant's headquarters, and where the registrant maintains or can make available its operational records.

(L) "Registrant" means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder that has selected Ohio has its base state and has registered with the commission pursuant to the unified carrier registration agreement.

(M) "Registration year" means a calendar year.

(N) "Staff" means employees of the transportation department of the commission.

(O) "Unified carrier registration plan" means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement.

Last updated July 13, 2023 at 3:28 PM

History

Effective: August 21, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-15-02 Purpose and scope.

(A) This chapter governs the establishment of requirements applicable to motor carriers, motor private carriers, freight forwarders, brokers, and leasing companies, pursuant to the unified carrier registration plan.

(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) The rules in this chapter are subject to sections of the United States code or the code of federal regulations applicable on the effective date of this chapter.

Last updated July 13, 2023 at 3:29 PM

History

Effective: August 21, 2021
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-15-03 Registration requirements.

(A) A registrant that operates in interstate commerce within the borders of Ohio shall comply with the requirements of its unified carrier registration plan.

(B) A registrant shall select its base state in accordance with the provisions of the unified carrier registration plan then in effect.

(C) A registrant is required to preserve the records upon which their annual unified carrier registration applications are based for three years from the due date or filing date, whichever is later, plus any time period included as a result of commission decisions or inquiries. Such records shall be made available for inspection by the staff upon demand.

(D) A registrant that is required to select a participating state, other than Ohio, as their base state, must comply with that state's unified carrier registration requirements before operating within the borders of Ohio.

Last updated July 27, 2023 at 9:36 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-19 Common Carriers Engaged in the Transportation of Household Goods

Ohio Adm.Code 4901:2-19-01 Definitions.

(A) "Associated service" means any service provided by the carrier which is incidental to the transportation service being provided, but does not include weighing.

(B) A bill of lading includes:

(1) The name, address, telephone number and certificate number of the carrier which will transport the shipment;

(2) The actual pickup date and the agreed delivery date or the agreed period of time within which delivery of the shipment is expected at the destination;

(3) If the carrier's rates for the shipment are based upon the weight of the shipment, the tare, gross and net weights, weighed as required by paragraph (B) of rule 4901:2-19-07 of the Administrative Code;

(a) The carrier's tare weight, as provided on the copy of the receipt or bill of lading, and attachment of the tare weight ticket before vehicle(s) has been loaded.

(b) True copies of the gross weight tickets required by paragraph (B) of rule 4901:2-19-07 of the Administrative Code as attached to the receipt or bill of lading as soon as such weight tickets are obtained.

(c) The consumer copy of the gross weight ticket either at the weighing, if the consumer is present, or otherwise at the destination.

(4) The number of the vehicle(s) onto which the shipment is loaded; and

(5) If requested by the consumer, a complete inventory of the household goods loaded on the vehicle. The carrier may charge a fee for performing such an inventory.

(D) "Certified scale" means a scale which has been tested and approved by the local official charged with the duty of regulating weights and measures.

(E) "Collect on demand" means payment of household goods transportation service is due upon delivery.

(F) "Commission" means the public utilities commission.

(G) "Consumer" means any person who is the consignor or consignee of a household goods shipment and who is identified as such in the bill of lading.

(H) "Gross weight" means the weight of a vehicle or container after a shipment has been completely loaded.

(I) "Household goods" means personal effects and property used or to be used in a dwelling. This rule shall not be construed to include shipments exclusively moving from a factory or store.

(J) "Interstate commerce" means transportation from a point within one state, country, or reservation to a point in another state, country, or reservation, and transportation into, or from this state where such transportation is subject to federal jurisdiction.

(K) "Interstate household goods carrier" means any person who is authorized to and engaged in the transportation of household goods in interstate commerce.

(L) "Intrastate commerce" means transportation from one point in this state to another point in this state, and transportation within this state where such transportation is not subject to federal jurisdiction.

(M) "Net weight" means the weight of a shipment as determined by subtracting the tare weight from the gross weight.

(N) "Reasonable dispatch" means the performance of transportation on the dates or during the period of time agreed upon by the carrier and the consumer and shown on the estimate or the bill of lading in the event no written estimate was prepared and recorded on the estimate or bill of lading, provided however, that the defense of force majeure as construed by the courts shall not be denied the carrier.

(O) "Shipping documents" means all forms, estimates, bills of lading and receipts whether signed or not that are related to the terms and conditions of a particular transaction for the transportation of household goods within in the state of Ohio.

(P) "Tare weight" means the weight of an empty vehicle or container.

Last updated July 27, 2023 at 9:37 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-07

(A) Nothing in this rule requires the weighing of shipments, unless the carrier bases its rates and charges on the weight of the shipment.

(B) Each carrier that establishes household goods rates by weight shall determine the tare weight, inclusive of full fuel tanks and pads, chains, dollies, hand trucks and other equipment needed in the transportation of shipment to be loaded thereon, of each vehicle used in the transportation of household goods by having the vehicle weighed on a certified scale prior to the transportation of each shipment, without the crew thereon.

(C) The net weight of the shipment is obtained by deducting the tare weight from the gross weight, in accordance with 49 C.F.R. 375.509(a).

(D) Where no certified scale is available at the point of origin, the gross weight is obtained at the nearest certified scale either in the direction of the move or in the direction of the next pickup or delivery, in the case of part loads.

(E) Where no certified scale is available at origin, nor at any point in route or upon destination, a constructive weight, based on seven pounds per cubic foot of properly loaded van space, may be used to substitute for gross weight.

(F) In the transportation of part loads, this rule applies in all respects, except that the gross weight of a vehicle containing one or more part loads may be used as the tare weight of such vehicle as to part loads subsequently loaded thereon.

(G) A consumer or representative of the consumer, upon request, without charge, and using separate transportation, may accompany the carrier to a certified scale to observe the weighing of shipment after loading.

(H) A true copy of any weight ticket obtained for tare and gross weight, pertaining to a shipment, shall be given to the consumer and attached to the bill of lading.

(I) A part load for any one consumer not exceeding one thousand pounds may be weighed on a certified scale prior to being loaded on the vehicle.

(J) An automobile or other article weighing in excess of five hundred pounds which is mounted on wheels may be weighed separately by obtaining the weight of such article on a certified scale prior to loading on the vehicle to be used for its transportation.

(K) No carrier shall accept a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier's tariff without first having advised the consumer of such minimum weight provisions.

(L) The determination of weight for shipments of household goods by interstate carriers is governed by 49 C.F.R. 371, 375, and 507 to 521 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:50 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-02 General provisions.

(A) This chapter sets forth the requirements for the transportation of household goods which apply to all carriers of household goods regulated by the commission.

(B) Pursuant to its jurisdiction under Title 49 of the Revised Code, the commission may:

(1) The commission may, upon 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, from which no waiver is permitted.

(2) As it deems necessary in any proceeding, prescribe different standards for the transportation of household goods.

(3) Monitor carrier's compliance with the provisions of this chapter.

(4) Pursue formal action, at any time, to alter or amend this chapter.

(5) Upon its own motion, a customer complaint, or upon application of any carrier, take appropriate steps to require the furnishing of any service(s), equipment, or facilities affecting service.

(C) Any tariff or contract provision inconsistent with this chapter is inoperative and superseded by this chapter, unless and until the commission specifically orders otherwise.

(D) Nothing in this chapter relieves any carrier from providing adequate service or facilities as prescribed by the commission, or meeting any of its duties or responsibilities as prescribed by state or federal law.

(E) Each citation contained within this chapter that is made to the United States code of federal regulations is intended, and serves, to incorporate by reference the particular version of the cited matter that was effective on April 26, 2022.

Last updated December 21, 2023 at 7:39 AM

History

Effective: December 21, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-03 Tariffs and rates.

(A) Each carrier shall, in a tariff filed with the commission, establish and maintain rates, charges and provisions for the transportation of household goods and associated services.

(B) Rates, charges and provisions of a carrier's tariff shall be clearly stated. Rates may be stated in any measurable unit verifiable by the consumer.

(C) Carriers may provide for the use of discounts and individual contracts in their tariffs. All contracts must be maintained by the carrier for twelve months.

(D) Paragraph (B) of this rule does not apply to binding estimates. Carriers which offer binding estimates may, as to those binding estimates, provide for a simplified tariff which states: "_______________(carrier) hereby certifies that it shall provide binding estimates for the transportation of household goods in this state."

(E) All carriers are liable for the replacement value of goods transported, pursuant to rule 4901:2-19-06 of the Administrative Code. Carriers may provide for limitations on liability by filing such limitations in their tariffs.

(F) All tariffs should include a title page indicating the name and address of the carrier and any certificate number issued to the carrier by the commission. If a tariff is filed for more than one carrier, the individual names, firm names or corporate names of the carriers, and the city and state in which their principal offices are located, should be listed in alphabetical order.

(G) All pages should be numbered consecutively and if a tariff contains more than fifteen pages, the tariff should include a table of contents.

(H) Tariffs may be submitted to the commission in hard copy format or electronically.

(I) Interstate household goods carriers are not required to file tariffs with the commission, but are subject to federal rules regarding rates and tariffs as promulgated in 49 C.F.R. 375.215 to 221, 703, 705, 801 and 807.

Last updated July 27, 2023 at 9:38 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-06

(A) Except as otherwise provided in this rule, a carrier shall be liable for the replacement value of household goods in the event of loss of, or damage to, such goods during transportation.

(B) All liability limitations options offered by a carrier must be printed in distinctive color or boldface type on estimates or bills of lading, in the event no written estimate is prepared.

(C) A carrier shall not be liable for the transportation of perishable articles that are included in a shipment without the knowledge of the carrier. If a carrier knowingly accepts perishable articles, the carrier may impose reasonable conditions necessary to safely transport perishable articles.

(D) Except as otherwise provided in this rule, no agreement between the consumer and the carrier may be employed to reduce the liability of the carrier for loss of, or damage to, household goods.

(E) If a carrier wants to offer limited liability, the carrier must offer consumers the following liability limitation provisions within this paragraph. No carrier may provide for minimal liability reimbursement of sixty cents per pound without providing the option for the full declared value reimbursement. Limitations offered shall be printed verbatim in distinctive color or boldface type on estimates and bills of lading.

Consumer must personally initial choice

(1) Minimal liability option.

"(___) I agree to minimal reimbursement for lost or damaged goods. I understand and accept that I will be reimbursed for lost or damaged goods at a minimal amount not exceeding sixty cents per pound per article."

(2) Full replacement value option

"(___) I accept reimbursement equal to the replacement cost of lost or damaged goods. I declare a total replacement value of the shipment to be $___or a minimum of six dollars per pound times the weight of the shipment, whichever is greater. I understand that total reimbursement for lost or damaged goods shall not exceed this declared value of the shipment. I understand that failure to disclose any article valued at greater than one hundred dollars per pound may limit the carrier's reimbursement liability to this maximum per article."

(F) No limitation is effective unless the consumer initials, and where appropriate, inserts the declared value on, the statement on the estimate or bill of lading.

(G) Should the consumer not elect any limitation, the consumer shall be reimbursed for the replacement value of any lost or damaged goods, with no limitation as to the total declared value of the shipment. Any additional charges or credits related to the change in liability option shall be disclosed as a line item on the bill of lading and the estimate. If the cost was not disclosed prior to shipment, then no additional charge shall be charged to the shipper.

(H) No carrier may accept any shipment for transportation unless the carrier has cargo insurance in an amount equal to the declared value of such shipment.

(I) Nothing in this rule prohibits the carrier and the consumer from agreeing upon a deductible against any reimbursement for lost or damaged goods in the estimate or the bill of lading, in the event that no written estimate was prepared.

(J) No such deductible is effective unless the consumer signifies that it elects such limitation by personally initialing the following statement on the estimate or the addendum to the estimate:

"Consumer must personally initial

() I choose a deductible of $ against any reimbursement for lost or damaged goods."

(K) The carrier may reserve the right to repair any damaged goods in lieu of reimbursement to the consumer, provided that this right to repair is expressly included in the estimate or the bill of lading, in the event that no written estimate was prepared.

(L) An interstate household goods carrier's liability for loss of, or damage to, household goods is determined by 49 C.F.R. 375.201, 203, 303, 701, 707, and 709 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:39 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-04 Changes to tariffs.

(A) All changes in rates and charges, terms, conditions, or other provisions that affect rates, shall be filed with the commission. Tariff changes will be effective the day they are filed.

(B) When the names or legal entity of a carrier changes, the carrier should file an amended title page, including the following sentence above the name of the issuing party: "the above-named carrier hereby adopts the tariff of _____ (previous name) _____."

(C) Changes in the rates, terms, conditions, or other provisions of a tariff may be accomplished by issuing a supplement or revised page to the tariff where the front of the supplement or revised page indicates that the changes are being made.

(D) Carriers who are both interstate and intrastate carriers, who utilize the same rates and terms in both the provision of inter- and intrastate services, may reference their federal tariff, provided that such references are clearly indicated in their tariffs.

Last updated July 27, 2023 at 9:38 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-05 Rejection and suspension of tariffs.

(A) Any tariff which does not meet the requirements of this chapter is subject to rejection by the commission. When a tariff or schedule is rejected, the commission, or its authorized employees, will notify the carrier or the agent who tendered it for filing of the reasons for the rejection, and return the rejected tariff to the carrier or agent.

(B) Pursuant to its investigative power, the commission, or its authorized employees, may suspend a tariff during an inquiry. If a tariff is suspended, the carrier's previously filed tariff is presumed to be in effect.

(C) Any carrier whose tariff has been rejected or suspended under this rule may file an application for review by the commission with the docketing division within thirty days after receiving notice of such action.

Last updated July 27, 2023 at 9:38 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-08 Estimates by the carrier.

(A) Except as otherwise provided for in paragraphs (E), (F), and (G) of this rule, all estimates shall be in writing, either on a hard copy or an electronic version, in plain and understandable English.

(B) Estimates may be offered on a nonbinding, binding, or guaranteed-not-to-exceed basis.

(C) No provision contained in any tariff filed by the carrier or on the bill of lading accompanying a shipment of household goods is considered binding upon the consumer unless it is also disclosed to the consumer in the estimate for such shipment.

(D) Estimates include the following:

(1) The name, address and certificate number of the carrier that is to perform the transportation service.

(2) The name and signature of the person preparing the estimate and the date on which the estimate is made.

(3) The type of estimate being provided: nonbinding, binding, or guaranteed-not-to-exceed.

(4) The name and address of the consumer.

(5) A description of the shipment and any charges to be assessed for the shipment.

(6) A description of all services to be provided and all charges to be assessed for those services.

(7) The origin and the destination of the proposed shipment; if the estimate is made based upon the miles between the origin and the destination, the mileage must be listed.

(8) The estimated total weight of the shipment if the carrier's rate is based on the weight of the shipment.

(9) All costs related to storage time, if applicable.

(10) The planned pickup and delivery dates for the shipment; in the event that the pickup and delivery dates have not been determined by the consumer, the estimate must indicate "telephone notification" in the space provided for the pickup and delivery dates.

(11) The carrier's choice of reimbursement option(s) for the consumer as required in rule 4901:2-19-06 of the Administrative Code.

(12) If the carrier chooses the right to repair any damaged goods in lieu of reimbursement, a statement explaining this right.

(13) If the consumer and the carrier agree to a deductible amount against any reimbursement for lost or damaged goods, a statement identifying the amount of the deductible and a place for the consumer to initial the agreement to signify that the consumer elects such limitation.

(14) The total estimated cost for the shipment.

(15) A statement of the specific methods of payment that the carrier will accept on delivery.

(16) The following statement regarding consumers' rights and responsibilities in Ohio:

"You have a minimum of sixty days from the date of the move to file a claim for any damaged or missing goods. The carrier must acknowledge receipt of your claim within fifteen days after receiving it and must respond to you within thirty days. If your complaint is not resolved after you have called the carrier, you may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service)."

(17) A signature line for the consumer to sign to accept the estimate. The signature line must include the date on which the estimate was accepted. The following statement must be entered in boldface type or contrasting color above the signature line:

"I accept the above estimate by (carrier). I understand that by accepting this estimate, I am entering into a contract with (carrier) to perform the work described in the estimate."

(E) Nonbinding estimates

(1) A carrier may provide a nonbinding estimate of the approximate costs of transporting such goods.

(2) Nonbinding estimates are provided only after a visual inspection of the goods by the estimator.

(a) The carrier may charge a reasonable fee for performing the visual inspection, provided that this fee is disclosed to the consumer prior to the visual inspection and the amount of the fee is credited to the shipment's rates and charges if the consumer accepts the carrier's estimate.

(b) A consumer may waive its right to a visual inspection by personally signing a waiver on the written estimate.

(3) All nonbinding estimates shall be reasonably accurate and in accord with the carrier's tariff.

(4) The final charges on shipments moved are determined by the carrier's tariff.

(5) In addition to the requirements of paragraph (D) of rule 4901:2-19-08 of the Administrative Code, all nonbinding estimate forms shall include the following:

(a) On its face, in boldface type or a contrasting color, the following statement: "This estimate is a nonbinding estimate. If this estimate is accepted, the cost may exceed, or be less than, the amount contained in this estimate."

(b) The rates, charges, and provisions of the carrier's tariff applicable to the shipment. All rates and charges shall be clearly and explicitly stated per unit in U.S. dollars and cents. Rates may be stated in any measurable unit verifiable by the consumer.

(d) The following statement above the signature of the person preparing the estimate: "This is an estimate only. Actual charges will be based upon services provided."

(6) A carrier may provide a nonbinding oral estimate in lieu of a written estimate in the following situations:

(a) When the consumer requests an estimate five days or less prior to the scheduled move.

(b) When the total charges for the oral estimate equal five hundred dollars or less.

(F) Binding estimate

(1) A carrier may provide a binding estimate of the costs to the consumer for the services included in the estimate.

(2) A consumer accepts the binding estimate by signing on the signature line provided for in paragraph (D)(17) of this rule. The carrier retains at least one copy of the estimate and provides one copy of the estimate, signed by both parties, to the consumer.

(3) Following acceptance of the binding estimate by the consumer, both the carrier and consumer are contractually bound by the estimate.

(4) The carrier may require the consumer to provide a deposit upon acceptance of the estimate by the consumer.

(5) In addition to the requirements of paragraph (D) of rule 4901:2-19-08 of the Administrative Code, a binding estimate shall clearly indicate on its face, in boldface type or a contrasting color, that the estimate is binding on the carrier for the household goods and services identified on the estimate and that the charges shown are the charges that will be assessed for the services identified in the estimate.

(6) A carrier may provide a binding oral estimate in lieu of a written estimate when the total charges for the oral estimate equal five hundred dollars or less.

(G) Guaranteed-not-to-exceed estimates

(1) A carrier may provide for an estimate on a guaranteed-not-to-exceed basis, that specifies the maximum charge which the consumer will be charged for the shipment. The consumer is liable for the maximum charge specified in the estimate or the charges determined by applying the carrier's tariff, whichever is less.

(2) A consumer accepts the guaranteed-not-to-exceed estimate by signing on the signature line provided for in paragraph (D)(17) of this rule. The carrier retains at least one copy of the estimate and provides one copy of the estimate, signed by both parties, to the consumer.

(3) Following acceptance of the guaranteed-not-to-exceed estimate by the consumer, both the carrier and consumer are contractually bound by the estimate.

(4) The carrier may require the consumer to provide a deposit upon acceptance of the estimate by the consumer.

(5) In addition to the requirements of paragraph (D) of rule 4901:2-19-08 of the Administrative Code, a guaranteed-not-to-exceed estimate:

(a) Shall clearly indicate on its face, in boldface type or a contrasting color, that the consumer shall be liable for the lesser of the maximum charge specified in the guaranteed-not-to-exceed estimate for the household goods and services identified on the estimate or the charges determined by applying the carrier's tariff.

(b) Must contain the rates, charges and provisions of the carrier's tariff which are applicable to the shipment. All rates and charges shall be clearly and explicitly stated per unit in U.S. dollars and cents. Rates may be stated in any measurable unit verifiable by the consumer.

(6) A carrier may provide a guaranteed-not-to-exceed oral estimate in lieu of a written estimate when the total charges for the oral estimate equal five hundred dollars or less.

(H) Addendum to original estimate

(1) If, at the time the shipment is picked up or delivered, a consumer adds household goods or requests services which were not identified in the original estimate, then prior to loading or unloading the additional household goods or providing the additional services, the carrier may either reaffirm the original estimate or provide to the consumer an addendum estimating the charges for the additional household goods or services.

(2) Any such addendum to the estimate must conform to all of the provisions of this rule.

(3) Once a shipment is loaded, failure to execute a new binding estimate or a nonbinding estimate signifies that the carrier and consumer have reaffirmed the original estimate.

(4) In the event that the consumer or its representative is not available to sign the addendum, the carrier must advise the consumer or its representative by telephone of the terms of the addendum and enter "telephone authorization received" in the space for the consumer's signature.

(I) Estimates for shipment of household goods provided by interstate household goods carriers are determined by 49 C.F.R. 375, 401 to 409 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:50 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-09 Receipt or bill of lading.

(A) A carrier shall immediately issue a receipt or bill of lading upon receiving household goods for an intrastate move.

(B) If a carrier has given the consumer an oral estimate, the receipt or bill of lading must also include the following:

(1) A description of the rates and specific charges assessed for the shipment and any services provided by the carrier;

(2) Any terms and conditions specific to the consumer's shipment;

(3) The specific reimbursement language for lost or damaged goods offered by the carrier on its estimate form as required by paragraph (D)(11) of rule 4901:2-19-08 of the Administrative Code; and

(4) The following statement regarding customers' rights and responsibilities in Ohio:

"If your complaint is not resolved after you have called the carrier, you may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).

(C) The carrier shall attach a copy of the estimate, any addenda, and any applicable inventory and/or weight tickets to the bill of lading at the time the carrier picks up the shipment. The bill of lading and any attached documents must remain with the shipment until delivery.

(D) The driver of any vehicle being utilized for the transportation of household goods should have in his possession, when driving, a copy of the receipt or bill of lading for each shipment being transported.

(E) If the carrier provided an oral estimate to the consumer, no terms or conditions for the shipment may be included on the bill of lading and/or be considered binding upon the consumer unless such terms and conditions were disclosed to the consumer at the time the carrier gave the oral estimate.

(F) For orders for service, inventories, and bills of lading, interstate household goods carriers are subject to 49 C.F.R. 375, 501, 503, and 505 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:51 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-10 Timetable.

(A) Each carrier will transport each shipment with reasonable dispatch as defined in rule 4901:2-19-01 of the Administrative Code.

(B) All estimates shall clearly identify the planned pickup and delivery dates for the shipment. Unless otherwise instructed by the consumer no carrier shall fail to timely pick-up or deliver a shipment of household goods according to the dates entered on the estimate. In the event that the pickup and/or delivery dates have not been determined at the time of the acceptance of the estimate, the consumer may enter telephone notification in the space provided on the estimate for pickup and delivery dates.

(C) The carrier shall give notice to the consumer if the shipment will not be delivered in accordance with the terms of the estimate, receipt or bill of lading. In the event the carrier is unable to obtain from the consumer an address or telephone number for such notification, this rule shall not apply.

(1) As soon as it becomes apparent to the carrier that it is unable to deliver the shipment as required, the carrier shall notify the consumer, or person designated by the consumer by telephone, or in person, at the carrier's expense.

(2) The carrier shall disclose the location and general condition of the shipment, the reason for such delay and the date or period of time during which delivery of the shipment will be made and shall repeat such notification if any subsequent date or period of time so assigned is not met.

(3) Notification as required herein shall not affect the determination of compliance by the carrier with reasonable dispatch as required in paragraph (A) of this rule.

(D) Any notification required by paragraph (B) or (C) of this rule shall be kept as a part of the carrier's record of the shipment. Carrier's record of the notification shall be signed by the person who gave such notification and must contain the following information:

(1) The time and date of notification;

(2) Method of notification;

(3) The name of the person notified;

(4) The reason for delay;

(5) The location and condition of the shipment in cases of delay in delivery; and

(6) The new date or period assigned for pickup or delivery.

Last updated July 27, 2023 at 9:51 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-11 Tendering for delivery.

(A) Except upon the request or concurrence of the consumer, or his representative, a shipment shall not be tendered for delivery prior to the agreed delivery date or period of time specified on the receipt or bill of lading.

(B) In the event a carrier is able to tender a shipment for final delivery more than twenty-four hours prior to the agreed delivery date or period of time specified on the receipt or bill of lading, and the consumer or his representative has not requested or concurred in such early delivery, the carrier may, at its option, place the shipment in storage at the carrier's expense in a warehouse located in close proximity to the destination point of the shipment.

A carrier exercising its option under paragraph (B) of this rule shall immediately notify the consumer of the name and address of the warehouse in which the shipment has been placed. The carrier shall make and keep a record of the notification as a part of its record of shipment.

Notwithstanding all carrier responsibilities pursuant to the bill of lading, which shall continue until final delivery, carrier responsibility for storage and any attendant storage charges shall not extend beyond the agreed delivery date or the first day of the period within which delivery was to have been accomplished as specified in the bill of lading.

(C) At the time of delivery of a collect-on-demand shipment, for which a nonbinding estimate has been furnished, the carrier shall relinquish possession of the shipment upon payment of not more than one hundred ten per cent of the estimated charges. Payment of the balance of any remaining charges shall be deferred for thirty days following the date of delivery. Payment shall be made in the form as specified in the estimate.

(D) At the time of delivery of a collect-on-demand shipment, on which a binding estimate has been furnished, the carrier shall relinquish possession of the shipment upon payment of the total charge specified in the binding estimate. Payment shall be made in the form as specified in the estimate.

(E) At the time of delivery of a collect-on-demand shipment, on which a guaranteed-not-to-exceed estimate has been furnished, the carrier shall relinquish possession of the shipment upon payment of an amount equal to the maximum charge specified in the estimate. Payment shall be made in the form as specified in the estimate.

(F) At the time of delivery of a collect-on-demand shipment on which a guaranteed-not-to-exceed oral estimate has been furnished pursuant to paragraph (G) of rule 4901:2-19-08 of the Administrative Code, the carrier shall relinquish possession of the shipment upon payment of an amount equal to the maximum charge specified on the bill of lading. Payment shall be made in the form as specified in the estimate.

(G) At the time of delivery of a collect-on-demand shipment, on which a binding oral estimate has been furnished under the provisions of paragraph (F) of rule 4901:2-19-08 of the Administrative Code, the carrier shall relinquish possession of the shipment upon payment, in cash, certified check or money order, of the amount agreed upon, but not exceeding, five hundred dollars.

(H) Except for as provided for in paragraphs (F) and (G) of this rule, at the delivery of a collect-on-demand shipment, on which the carrier did not furnish a written estimate as required by rule 4901:2-19-08 of the Administrative Code, the carrier must relinquish possession of the shipment upon demand of the consumer.

(I) The responsibility of interstate household goods carriers for tendering shipments of household goods is determined by 49 C.F.R. 375, 601 to 609 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:52 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-12 Signed receipt for shipment and records retention.

(A) A carrier's delivery receipts and shipping documents, which includes all documents to be signed by the consumer at the time of delivery, may not include any language purporting to release or discharge the carrier or it agents from liability due to loss or damage to the shipment.

(B) A carrier's delivery receipts and shipping documents, which includes all documents to be signed by the customer at the time of delivery, may include a statement that the property has been received by the customer in apparent good condition, except as noted on the shipping documents.

(C) Carrier's shall retain all delivery receipts and shipping documents related to a mover for hire of household goods for a period of not less than twelve months from the date of completion of the move.

Last updated July 13, 2023 at 3:29 PM

History

Effective: November 10, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-14 Advertisements.

(A) Every carrier shall include in every advertisement the name or trade name, address, and telephone number of the carrier and the certificate number assigned to that carrier by the commission. The certificate number shall be in the following format in every advertisement: "PUCO No. ________."

(B) For purposes of this rule, an "advertisement" means any communication to the public in connection with an offer or sale of any intrastate transportation service. This includes a yellow pages listing, on-line website, social media or domains, email solicitations, or written or electronic database listings of the carrier name, address and telephone number in an on-line database but excludes advertisement over airwaves, including radio and telephone, and listings of a carrier name, address and telephone number in a white pages listing.

(C) All motor vehicles used to transport household goods in this state shall be marked with the company name, city and state, and PUCO certificate number in letters not less than two inches in height and three-eighths inch in width.

(D) All advertisements and information provided by interstate household goods carriers shall comply with 49 C.F.R. 375, 207, 213, and 301 as effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code.

Last updated July 27, 2023 at 9:52 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-15 Claims for loss or damage.

(A) Every carrier which receives a written claim for loss of or damage to property transported by it, shall acknowledge receipt of such claim in writing to the claimant within fifteen calendar days after its receipt by the carrier or the carrier's agent. The carrier shall at the time such claim is received, cause the date of receipt to be recorded on the claim.

(B) Every such carrier which receives a written claim for loss or damage to household goods transported by it shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within thirty days after receipt of the claim by the carrier or its agent.

(C) No carrier may include in any estimate, bill of lading or tariff any provision which limits the time, the consumer's right or ability to file a claim with the carrier within the time limits established by the carrier, provided that no carrier shall establish a time limit of less than sixty days or to file a claim.

Last updated July 13, 2023 at 3:29 PM

History

Effective: November 10, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-16 Prohibitions.

(A) No carrier shall commit a deceptive or unconscionable act or practice in connection with a transaction related to the transportation of household goods within this state. Such a deceptive or unconscionable act or practice is prohibited by this paragraph irrespective of whether it occurs before, during or after such a transaction.

(B) Carriers shall establish customer complaint resolution procedures that comply with all of the following requirements:

(1) Provide commission staff with a company contact, including a toll free number and an e-mail address, for complaint resolution.

(2) Report the status of a complaint to the affected customer and/or commission staff within fifteen business days of the receipt of a customer complaint, or at any time upon staff request.

(3) After the initial fifteen business day time frame, the carrier shall report the interim status of the complaint at five business day intervals to the customer and/or the commission staff, unless otherwise agreed to by the customer and/or staff. If the resolution of the complaint is conveyed orally, the carrier shall inform the customer of his/her right to receive from the carrier the final resolution of the complaint in writing.

(C) No unreasonable discounts shall be authorized by tariff provisions or otherwise allowed by any carrier, and no rates or charges shall be established by prepayment of charges. This rule shall not preclude a carrier from accepting payment by credit card pursuant to an agreement between the carrier and a financial institution.

Last updated July 13, 2023 at 3:29 PM

History

Effective: November 10, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-19-17 Adoption of the consumer protection regulations of the United States department of transportation.

(A) The commission hereby adopts the provisions of the consumer protection regulations of the U.S. department of transportation for the transportation of household goods in interstate commerce contained in 49 C.F.R. 366, 370, 371, 373, 375, 378, 386, and 387, unless specifically excluded or modified by a rule of this commission, that was effective on the date referenced in paragraph (E) of rule 4901:2-19-02 of the Administrative Code. All household goods carriers operating in interstate commerce within Ohio shall conduct their operations in accordance with those regulations and the provisions of this chapter.

(B) All interstate household goods carriers shall operate in conformity with all applicable regulations of the U.S. department of transportation, which have been adopted by this commission, subject to any exemptions granted by the U.S. department of transportation. Violation of any such federal regulation by any interstate household goods carriers shall constitute a violation of this commission's rules.

Last updated July 13, 2023 at 3:30 PM

History

Effective: November 10, 2016
Promulgated Under: 111.15

Chapter 4901:2-21 Registration of Intrastate Motor Carriers

Ohio Adm.Code 4901:2-21-01 Definitions.

(A) "Applicant" means any for-hire carrier who submits to the commission the required application forms necessary to receive a certificate.

(B) "Certificate" means certificate of public convenience and necessity.

(C) "Certificate Application" means the online platform developed by the commission to allow motor carriers to apply for and renew a certificate of public convenience and necessity.

(D) "Commission" means the public utilities commission of Ohio.

(E) "For-hire motor carrier" has the same meaning as in section 4921.01 of the Revised Code.

(F) "Household goods" has the same meaning as in section 4921.01 of the Revised Code.

(G) "Intrastate commerce" has the same meaning as in section 4921.01 of the Revised Code.

(H) "Register" or "Registration" means the process by which a for-hire motor carrier submits to the commission, the required application forms necessary to receive a certificate.

(I) "Staff" means employees of the transportation department of the commission.

Last updated July 13, 2023 at 3:30 PM

History

Effective: June 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-02 Purpose and scope.

(A) This chapter governs the registration of for-hire motor carriers operating in intrastate commerce, within this state.

(B) The commission may, upon application or upon a motion filed by a party, waive any requirement of this chapter, for good cause shown, other than a requirement mandated by statute from which no waiver is permitted.

Last updated June 20, 2023 at 2:22 PM

History

Effective: July 18, 2013
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-03 Registration of for-hire motor carriers.

(A) No for-hire motor carrier may operate in intrastate commerce within this state unless such for-hire motor carrier has registered with the commission and has a current and valid certificate issued by the commission pursuant to this chapter.

(B) To register with the commission, an applicant submits a complete and accurate online application containing the certifications required by Chapter 4921. of the Revised Code and any other information or certifications deemed necessary by the commission. The online application may change from time-to-time without further commission entry. Staff maintains the most recent version of the online application in the certificate application or a successor system and will provide a link to applicants upon request.

(C) An applicant should obtain an identification number issued by the United States department of transportation before submitting an online application to the commission.

Last updated July 27, 2023 at 9:52 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-04 Supplementation of information.

(A) Upon a request from the staff, each applicant should provide, within fifteen days, any additional information necessary for the processing of an application for a certificate, or for the processing of an annual update form submitted pursuant to rule 4901:2-21-06 of the Administrative Code. Failure to respond to a request for additional information within this time frame will result in the application being rejected and will necessitate the filing of a new complete application or annual update form.

(B) A for-hire motor carrier that has obtained a certificate of public convenience and necessity shall notify the staff within fifteen days of any changes to the information contained in the application.

Last updated July 27, 2023 at 9:54 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-06

(A) This rule applies to:

(1) Every for-hire motor carrier operating solely in intrastate commerce; and

(2) Every for-hire motor carrier engaged in the transportation of household goods holding a certificate granted pursuant to this chapter.

(B) Every for-hire motor carrier identified in paragraph (A) of this rule shall, annually between the first day of May and the thirtieth day of June, update its information relative to its certificate by submitting a complete and accurate annual update form that is substantially the same as the application prescribed under rule 4901:2-21-03 of the Administrative Code. The annual update form may change from time-to-time without further commission entry. Staff will maintain the most recent version of the annual update form in the certificate application or a successor system and will provide a link to applicants upon request.

(C) Following submission of a completed annual update form, the staff shall approve the annual update form, provided that the applicant also meets the following requirements:

(1) Has properly filed proof of insurance with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code;

(2) Has paid all applicable taxes and fees calculated in accordance with section 4921.19 of the Revised Code

(3) Is not in default on any civil forfeiture imposed pursuant to section 4923.99 of the Revised Code; and

(4) The annual update form lacks any missing or incorrect information.

(D) Upon approval of an annual update form, staff shall notify the applicant via electronic mail and publish the updated certificate and tax receipt online in the certificate application.

(E) If the staff rejects an annual update form for failure of the applicant to meet the requirements of paragraph (C) of this rule, staff shall notify the applicant via electronic mail, and the applicant may file a petition and request for hearing with the commission "Docketing Division, 180 East Broad Street, Columbus, Ohio 43215-3793".

Last updated July 17, 2023 at 12:09 PM

History

Effective: June 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-05 Certificate of public convenience and necessity.

(A) Following submission of a completed online application by an applicant pursuant to rule 4901:2-21-03 of the Administrative Code, the staff shall approve the application, provided that the applicant also meets the following requirements:

(1) Has properly filed proof of insurance with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code;

(2) Has paid all applicable taxes and fees calculated in accordance with section 4921.19 of the Revised Code;

(3) Is not in default on any civil forfeiture imposed pursuant to section 4923.99 of the Revised Code; and

(4) The application lacks any missing or incorrect information.

(B) Upon approval of an application, staff shall notify the applicant via electronic mail and publish the certificate and tax receipt online in the certificate application.

(C) If the staff rejects an application for a certificate for failure of the applicant to meet the requirements of paragraph (A) of this rule, staff should notify the applicant via electronic mail, and the applicant may file a petition and request for hearing with the commission "Docketing Division, 180 East Broad Street, Columbus, Ohio 43215-3793" for the issuance of the certificate.

Last updated July 27, 2023 at 9:54 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-21-07 Suspension and revocation of a certificate of public convenience and necessity.

(A) For purposes of this rule, service upon staff includes ordinary or certified United States mail, facsimile transmission, or electronic mail. Service upon a for-hire motor carrier includes ordinary or certified United States mail, facsimile transmission, or electronic mail if the for-hire motor carrier to be served has consented to receive service by electronic mail in the certificate application.

(B) A certificate shall be suspended if a for-hire motor carrier does any of the following:

(1) Fails to meet the annual update requirements of rule 4901:2-21-06 of the Administrative Code.

(2) Fails to maintain accurate and current business information with the commission

(3) Fails to maintain proper proof of insurance or proper levels of insurance pursuant to Chapter 4901:2-13 of the Administrative Code.

(4) Fails to pay all applicable taxes and fees.

(5) Is in default on any civil forfeitures imposed pursuant to section 4923.99 of the Revised Code.

(C) If a for-hire motor carrier's certificate is subject to suspension pursuant to paragraph (B) of this rule, the staff shall serve upon the for-hire motor carrier a notice that its certificate has been suspended and that all intrastate operations must cease immediately. The notice includes the nature of the deficiency prompting the suspension, the means by which the deficiency may be remedied, and instructions regarding the manner in which the respondent may serve a response upon the staff. The notice also informs the for-hire motor carrier that its certificate may be subject to revocation if it fails to correct the deficiency within sixty days from the date of the notice.

(D) A for-hire motor carrier upon whom a notice described in paragraph (C) of this rule has been served may serve a response upon the staff within sixty days of service of the notice. The response should contain a detailed statement indicating why the issuance of the notice may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the notice, and any other information relevant to the issues raised in the notice.

(E) If the response served pursuant to paragraph (D) of this rule demonstrates to the satisfaction of the staff that the deficiency has been remedied, the for-hire motor carrier's certificate may be reinstated and the staff should serve upon the for-hire motor carrier a notice indicating that its operations may be resumed. If the staff denies reinstatement of the for-hire motor carrier's certificate, the for-hire motor carrier may file a petition and request for hearing with the commission for reinstatement of its certificate.

(F) A for-hire motor carrier may request that its certificate be temporarily suspended by serving such request including the effective date of the suspension, upon the staff. Upon receipt of the request, the staff should serve upon the for-hire motor carrier a notice that its certificate has been suspended per its request and that all intrastate operations must cease as of the effective date of the suspension. The notice should inform the for-hire motor carrier that the suspension is limited to one hundred eighty days from the effective date of the suspension and that its certificate shall be subject to revocation if the for-hire motor carrier does not serve upon staff, prior to the expiration of the one hundred eighty day period, a request to have its certificate reinstated.

(G) Upon receipt of a request from a for-hire motor carrier to reinstate its certificate suspended pursuant to paragraph (F) of this rule, the staff should serve upon the for-hire motor carrier a notice indicating that its operations may be resumed.

(H) If a for-hire motor carrier that has had its certificate suspended pursuant to this rule fails to take the required action to have its certificate reinstated, the commission may revoke its certificate pursuant to the provisions of rule 4901-5-03 of the Administrative Code.

Last updated July 27, 2023 at 9:55 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Chapter 4901:2-22 Towing Safety Standards

Ohio Adm.Code 4901:2-22-01 Definitions.

(A) "Advertisement" means any written communication to the public in connection with an offer or sale of any towing service but does not include a listing of a carrier name, address, and telephone number in a yellow or white pages listing, if that is the only information provided in the listing.

(B) "Boom" means a structural member of a tow truck that extends from a mast to support the load and to hold, extend, or lift a load free of the ground and clear of the tow truck body, and may be operated mechanically or hydraulically.

(C) "Breaking strength rating" means the maximum weight or load, as established by the manufacturer of the equipment, that equipment can bear under ideal laboratory conditions, without breaking or being damaged.

(D) "Certificate number" means the identification number issued to a for-hire motor carrier by the commission pursuant to the rules in Chapter 4901:2-21 of the Administrative Code.

(E) "Commission" means the public utilities commission of Ohio.

(F) "For-hire motor carrier" has the same meaning as in section 4923.01 of the Revised Code.

(G) "Front axle weight" means that gross axle weight of the front axle.

(H) "Gross axle weight means the weight, in pounds, that an individual axle actually weighs. The curb weight of an individual axle.

(I) "Gross axle weight rating" means the value specified by the manufacturer as the maximum load carrying capacity of a single axle.

(J) "Mast" means a structure that houses the boom and winches.

(K) "Motor vehicle" has the same meaning as in section 4921.01 of the Revised Code.

(L) "Overhang" means the distance, in inches, from the center of the lift point to the center of the rear axle of the tow truck.

(M) "Safe towing capacity" means the maximum load that does not cause more than a fifty percent loss of a tow truck's original unloaded front axle weight. Safe towing capacity is determined by multiplying one-half of a tow truck's front axle weight by its wheelbase divided by the overhang (one-half times front axle weight, times wheelbase/overhang).

(N) "Safety device" means a device used as a secondary coupling system to connect the tow truck and towed motor vehicle and to help prevent separation of a towed motor vehicle from the tow truck.

(O) "Storage facility" means any place to which such a for-hire motor carrier delivers a motor vehicle towed pursuant to sections 4513.60, 4513.601, 4513.602, 4513.61, and 4513.66 of the Revised Code.

(P) "Thimble" means a shield to protect a cable at a hook assembly.

(Q) "Tow bar" means a device used to tow a motor vehicle that allows all four wheels to remain on the ground.

(R) "Tow dolly" means a carriage used to support the wheels of the trailing end of a towed motor vehicle whenever it is necessary to keep the wheels of the towed motor vehicle from touching the road.

(S) "Tow sling" means a device used to lift and tow a motor vehicle with part of the load supported on rubber belts.

(T) "Tow truck" means a motor vehicle that is equipped with towing equipment and used in the business of recovering or transporting a disabled, illegally parked, or abandoned motor vehicle, or a motor vehicle involved in an accident.

(U) "Towing device" means any item including but not limited to a wire rope, chain, cable, hook, or strap used in support of a piece of towing equipment to pull, lift, support, suspend, secure or tow a motor vehicle.

(V) "Towing equipment" means any mechanism including but not limited to a boom, winch, wheel lift, under lift, tow sling, or tow bar affixed to a tow truck to pull, lift, support, suspend, secure, or tow a motor vehicle.

(W) "Towing service" has the same meaning as in sections 4513.60, 4513.602, 4513.61, 4513.66, and 4513.67 of the Revised Code.

(X) "Under lift" means a device used for towing a motor vehicle by lifting with forks one end of the towed motor vehicle from under the axle or other structural member.

(Y) "Wheelbase" means the distance, in inches, from the centerline of the front axle to the centerline of the rear axle.

(Z) "Wheel lift" means a device extending from a tow truck and fitted under one set of wheels of a towed motor vehicle to cradle and lift one end of the towed motor vehicle by the wheels.

(AA) "Winch" means a device used to wind or unwind cable that is used to pull, hoist, raise or lower a load.

(BB) "Working load limit" means the maximum weight or load, as established by the manufacturer of the equipment, that equipment can bear under normal operating conditions.

Last updated July 10, 2023 at 9:30 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-22-02 Purpose and scope.

(A) This chapter governs the establishment of safety standards and other requirements applicable to the operations of for-hire motor carriers engaged in the towing of motor vehicles.

(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.

Last updated July 17, 2023 at 12:09 PM

History

Effective: December 18, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-22-03 Safety standards.

(A) Operation of a tow truck

(1) A tow truck may not be used to tow a motor vehicle that weighs in excess of that tow truck's safe towing capacity.

(2) Any towing equipment utilized to lift a portion of a motor vehicle off the ground so it may be towed shall be installed on the appropriate chassis as recommended by the towing equipment manufacturer and shall not be used in a manner in which the gross axle weight rating of the tow truck's rear axle is exceeded.

(B) Use of towing equipment and towing devices

(1) All towing equipment and towing devices used in conjunction with such towing equipment, shall not be used in a manner that causes the working load limit of such equipment and devices to be exceeded.

(2) All towing equipment and towing devices must have permanently affixed, durable, factory identification stating the equipment's working load limit, or must otherwise be readily ascertainable by the operator of a tow truck and enforcement personnel. Equipment may be re-inspected by a recognized re-certification company and if acceptable may be re-certified with a working load limit and a re-certification company identifier. In such instances, the recertified equipment will be deemed acceptable if the operator maintains a copy of the certification of equipment provided the serial number on the equipment corresponds with the certification provided by the manufacturer.

(3) All towing equipment and towing devices shall be in proper working order and shall:

(a) Be designed for, and capable of, performing the task for which it is being used.

(b) Not be damaged, weakened, or used in a manner that compromises its ability to perform properly.

(4) All wire rope eye loops used on a tow truck shall be protected by a thimble. Thimbles may not be cracked, deformed, worn, loose, or have a strand of wire that slips.

(5) Cable clamps are prohibited for use on a wire rope.

(6) Use of a come-a-long, chain, or other similar device may not be used as a substitute for a winch and cable.

(7) Any towing equipment or towing devices shall be used in a manner that will not damage the towed motor vehicle.

(1) The securement regulations of the U.S. department of transportation adopted under rule 4901:2-5-03 of the Administrative Code apply to any tow truck when securing a towed motor vehicle in a manner consistent with those regulations.

(2) Motor vehicles being towed by a wheel-lift, under-lift, tow bar, tow sling, tow dolly, or similar apparatus shall be secured to such apparatus by appropriate load securement devices of adequate strength and design to safely couple the motor vehicle to the apparatus.

(3) Every motor vehicle towed by a tow truck that is not subject to the securement requirements of paragraph (C)(1) of rule 4901:2-22-03 of the Administrative Code, shall be joined by at least two safety devices spaced as far apart as practical to the forward portion of the towed vehicle, with a combined breaking strength rating equal to or greater than the gross weight of the towed vehicle. Acceptable securement devices are chains, cables, or synthetic webbing customarily used for securing a vehicle or load. Safety devices shall be attached in such a way as to prevent vehicle separation upon failure of the primary towing attachment and shall be anchored to both the tow truck and the towed motor vehicle with only enough slack to permit free turning of the towed motor vehicle.

(D) The provisions of this rule and rule 4901:2-22-04 of the Administrative Code, do not apply to a tow truck engaged in the recovery of a motor vehicle if compliance with such provisions would be impossible, impractical, inefficient, or unduly burdensome under the circumstances. For purposes of this rule, recovery means:

(1) The initial towing or removal of a motor vehicle involved in an accident from the site of the collision; or

(2) The extraction of a motor vehicle from a hazard that has rendered the motor vehicle unable to be moved under its own power; or

(3) The removal of a disabled, illegally parked, or abandoned motor vehicle which is an obstruction to the normal movement of traffic on any roadway or poses a significant threat to public safety.

Conformance with the requirements of this rule resumes as soon as the condition necessitating non-compliance has been abated. Tow truck safe operating requirements apply at all times, including those situations when compliance with the rules would be impossible, impractical, inefficient, or unduly burdensome under the circumstances.

Last updated July 17, 2023 at 12:10 PM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-5-03

(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.

(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.

Last updated September 26, 2024 at 8:42 AM

History

Effective: September 26, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-22-04

In addition to the provisions contained in rule 4901:2-5-07 of the Administrative Code, a tow truck may be declared "out-of-service" for the following reasons:

(A) Towing a motor vehicle or vehicles that weighs in excess of the tow truck's safe towing capacity.

(B) Use of towing equipment or towing devices in a manner that causes the working load limit of such equipment and devices to be exceeded.

(C) Use of towing equipment or towing devices that are not in compliance with the requirements of paragraph (B)(2) of rule 4901:2-22-03 of the Administrative Code.

(D) Use of a come-a-long, chain, or other similar device as a substitute for a winch and cable.

(E) Failure to secure a towed vehicle as required by paragraph (C) of rule 4901:2-22-03 of the Administrative Code.

(F) Installation or use of any towing equipment or towing devices in a manner not prescribed by the manufacturer.

(G) Use of a damaged or defective towing device where such damage or defect meets the "North American Standard Out-of-Service Criteria", as adopted and disseminated by the "Commercial Motor Vehicle Safety Alliance", for tiedowns, regardless of whether the towing device is being used to pull, lift, support, suspend, secure or tow a motor vehicle.

Last updated July 17, 2023 at 12:10 PM

History

Effective: December 18, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-5-07

(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.

(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.

(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.

(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.

(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":

(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

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-22-05 Adoption of regulations by counties and townships.

(A) A county or township may adopt, pursuant to a resolution, public safety regulations applicable to a for-hire motor carrier engaged in the towing of motor vehicles under sections 4513.60, 4513.601, and 4513.61 of the Revised Code that:

(1) Do not address any subject matter for which the commission has jurisdiction pursuant to Title 49 of the Revised Code as it relates to the regulation of motor carriers operating in the state of Ohio, including but not limited to:

(a) Registration of a for-hire motor carrier engaged in the towing of motor vehicles;

(b) Safety standards or requirements related to a tow truck, towing equipment, and towing devices;

(d) The qualifications of a driver of a tow truck.

(2) Prescribe standards for the storage of motor vehicles at a storage facility, and retrieval of motor vehicles from a storage facility, that are not in conflict with standards and requirements established in Title 45 or 49 of the Revised Code.

(3) Are in accordance with any applicable police powers of that county or township, and not otherwise barred by paragraph (A)(1) of rule 4901:2-22-05 of the Administrative Code, that facilitate the safe and orderly removal of a vehicle towed pursuant to sections 4513.60, 4513.601, and 4513.61 of the Revised Code.

(B) Upon the adoption of a resolution seeking to implement public safety regulations applicable to a for-hire motor carrier engaged in the towing of motor vehicles under sections 4513.60, 4513.601, and 4513.61 of the Revised Code, a county or township shall provide a copy of the final resolution to the director of the commission's transportation department.

Last updated July 17, 2023 at 12:10 PM

History

Effective: December 18, 2016
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-22-06 After-hours retrieval fee.

Any after-hours fee charged by a storage facility pursuant to section 4513.69 of the Revised Code is limited to the storage facility's reasonable costs of complying with the requirements of that section, but in no instance can the after-hours retrieval fee exceed one hundred fifty dollars.

Last updated July 10, 2023 at 9:30 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-22-07 Advertising.

A towing service must include its certificate number on all written advertisements that could reasonably be used by a consumer to determine whether to hire the towing service. It is not required to be displayed on any promotional items, or when the towing service's name is being used in connection with the sponsorship of an activity or event.

Last updated July 17, 2023 at 12:11 PM

History

Effective: December 18, 2016
Promulgated Under: 111.15

Chapter 4901:2-23 Transportation Network Companies

Ohio Adm.Code 4901:2-23-01 Definitions.

(A) "Applicant" means an entity who submits to the commission the required application forms necessary to receive a transportation network company permit.

(B) "Commission" means the public utilities commission of Ohio.

(D) "Respondent" means a transportation network company upon whom an order to show cause or a notice of deficiency has been served.

(E) "Staff" means employees of the transportation department of the commission.

(F) "Transportation network company" has the same meaning as in section 3942.01 of the Revised Code.

Last updated July 17, 2023 at 12:11 PM

History

Effective: May 23, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-23-02 Purpose and scope.

(A) This chapter governs the permitting of transportation network companies operating with this state, and implements the requirement of Chapter 4925. of the Revised Code.

Last updated July 17, 2023 at 12:12 PM

History

Effective: May 23, 2019
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-23-03 Permitting of transportation network companies.

(A) No transportation network company may operate within this state unless such transportation network company possesses a current and valid permit issued by the commission pursuant to this chapter.

(B) To obtain a permit from the commission, an applicant makes payment of the application fee, submits a complete and accurate application form containing the affirmations required by section 4925.02 of the Revised Code, and provides the following: the name, address, telephone number and e-mail address of the applicant's Ohio point of contact and authorized statutory agent; an explanation of how the transportation network company complies with the insurance requirements outlined in sections 3942.02 to 3942.04 of the Revised Code, including non-expired certificate of insurance if the insurance policy is maintained by the transportation network company rather than the transportation network company driver; and any other information deemed necessary by the commission. Application forms should be posted on the commission's website.

Last updated July 13, 2023 at 9:55 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-23-04 Supplementation of information.

(A) Upon a request from the staff, an applicant should provide, within fifteen days, or within a longer time period if agreed to by the staff, any additional information necessary for the processing of an application for a permit or renewal of a permit. Failure to respond to a request for additional information within this time frame may result in the application being rejected and may necessitate the filing of a new complete application.

(B) A transportation network company that has obtained a permit shall notify the staff within fifteen days of any changes to the information contained in its most recent application.

Last updated July 10, 2023 at 9:31 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-23-05 Transportation network company permit.

(A) Following receipt of a completed application form submitted by an applicant pursuant to rule 4901:2-23-03 of the Administrative Code, the staff should issue a permit, provided that the applicant:

(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and

(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.

(B) A permit issued pursuant to this chapter is effective for one year commencing on the date of issuance.

(C) No less than thirty days, and no more than sixty days prior to the expiration date of its permit, a transportation network company shall submit a permit renewal application form that is substantially the same as the application form prescribed under rule 4901:2-23-03 of the Administrative Code. Renewal application forms should be posted on the commission's website. Following receipt of a completed renewal application form, the staff should issue a renewed permit provided that the applicant:

(1) Has affirmed that it will maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter; and

(2) Has paid the permit fee in the amount specified under section 4925.02 of the Revised Code.

(D) If the staff does not act upon an application submitted pursuant to paragraph (A) or (C) of this rule, within thirty days of submission, the application shall be deemed automatically approved on the thirty-first day after the official filing date.

(E) If the staff denies issuance of a permit, or renewal of a permit, for failure of the applicant to meet the requirements of paragraph (A) or (C) of this rule, staff may serve a "letter of staff determination" upon the applicant. The letter should contain a brief explanation for the denial and instructions regarding the manner in which the applicant may serve a timely request for an administrative hearing to contest the denial.

(F) Within thirty days following service by staff of a letter of staff determination, the applicant may file a "request for administrative hearing" with the commission's docketing division in order to contest the denial. The written request for administrative hearing contains the name, address, and telephone number of the applicant and is signed by an authorized representative of the applicant. A copy of the letter of staff determination should be attached to the request for administrative hearing. All hearings should be conducted consistent with rule 4901:2-7-16 of the Administrative Code.

(G) If a permit renewal application submitted pursuant to paragraph (C) of this rule is submitted fewer than thirty days prior to the expiration date of the permit, or after the expiration date of the permit, the applicant may file a motion with the commission to extend its previous permit during the pendency of staff's review of the permit renewal application.

(H) No transportation network company may transfer its permit to another entity without prior approval from the staff.

Last updated July 13, 2023 at 9:57 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-7-16

(A) Unless otherwise provided in this chapter, all hearings occur in accordance with Chapter 4901-1 of the Administrative Code.

Last updated July 27, 2023 at 9:33 AM

History

Effective: July 1, 2023
Promulgated Under: 111.15

Ohio Adm.Code 4901:2-23-06 Examinations.

(A) Authorized employees of the commission's transportation department may examine any records, documents, or property of transportation network companies for the purpose of assessing its compliance with the provisions of sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter.

(B) Transportation network companies should provide authorized employees of the commission's transportation department with reasonably expeditious access to employees, records, documents, or property as necessary to conduct an examination pursuant to paragraph (A) of this rule. Any information sought to be reviewed by the commission is to be accessible and available for review in Ohio, unless otherwise ordered by the commission.

(C) Each transportation network company shall maintain all records and data for two years after the date the services are provided that are sufficient to demonstrate compliance with the requirements of sections 4925.03 to 4925.08 of the Revised Code, rules adopted under this chapter, and support any investigation of customer complaints.

Last updated July 10, 2023 at 9:31 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-23-07 Standards and proceedings for the suspension or revocation of a transportation network permit.

(A) No transportation network company may operate in this state if the commission has suspended or revoked the permit of such transportation network company.

(B) The commission may, suspend or revoke the permit issued to a transportation network company if the commission determines that the transportation network company:

(1) Knowingly omitted from, or knowingly provided false information on, and application for a permit.

(2) Failed to maintain accurate and current business information with the commission.

(3) Failed to maintain compliance with the applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with the rules adopted under this chapter.

(C) A proceeding to suspend or revoke the permit of a transportation network company is initiated by the filing of a staff report recommending the actions to be taken by the commission. The staff report should be served upon the transportation network company by ordinary or certified United States mail.

(D) Upon the filing of a staff report as described in paragraph (C) of this rule, the commission should order the respondent to show cause why the commission should not adopt the staff's recommendations as its order. The order should require the respondent to file a written answer within fifteen days of the effective date of the order. The order should be served upon the respondent by ordinary or certified United States mail.

(E) A respondent upon whom an order described in paragraph (D) of this rule has been served must answer the order to show cause within fifteen days of its effective date. This response should contain a detailed statement indicating why the actions recommended by staff may be unjustified, mitigating circumstances or subsequent remedial measure undertaken in regards to the issues raised in the staff report, and any other information relevant to the proposed actions.

(F) If a respondent fails to answer the order to show cause as described in paragraph (D) of this rule, the commission may issue an order adopting the staff's recommendations and/or issue any other orders the commission deems necessary. If an answer is filed by the respondent, the matter should be assigned for hearing unless the answer of the respondent is deemed to be satisfactory, in which event the order to show cause may be dismissed. Such hearing should be conducted in accordance with Chapter 4901-1 of the Administrative Code.

Last updated July 10, 2023 at 9:31 AM

History

Effective: July 10, 2023
Promulgated Under: 119.03

Chapter 4901:2-24 Rates for Towing, Storage, and Retrieval of Motor Vehicles

Ohio Adm.Code 4901:2-24-01 Definitions.

(A) "Commission" means the public utilities commission of Ohio.

(B) "For-hire motor carrier" has the same meaning as in section 4923.01 of the Revised Code.

(D) "Motor vehicle" has the same meaning as in section 4921.01 of the Revised Code.

(E) "Storage facility" means any place to which such a for-hire motor carrier delivers a motor vehicle towed pursuant to section 4513.60 or 4513.601 of the Revised Code.

(F) "Towing service" has the same meaning as in section 4513.67 of the Revised Code.

Last updated July 17, 2023 at 12:12 PM

History

Effective: June 8, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-24-02 Purpose and scope.

(A) This chapter governs the establishment of maximum fees for towing and storage of motor vehicles and other requirements applicable to for-hire motor carriers charging such fees.

(B) The commission may, upon an application or motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

Last updated July 17, 2023 at 12:12 PM

History

Effective: June 8, 2018
Promulgated Under: 119.03

Ohio Adm.Code 4901:2-24-03 Fees for towing and storage.

(A) The maximum fees that may be charged relative to the towing of motor vehicles are as follows:

(1) If a motor vehicle has a manufacturer's gross vehicle weight rating less than ten thousand one pounds, any fee for the removal of the motor vehicle charged by a towing service pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed one hundredforty-four dollars.

(2) If a motor vehicle has a manufacturer's gross vehicle weight rating greater thanten thousand one pounds and less than twenty-six thousand pounds, any fee for the removal of the vehicle charged by a towing service pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed two hundred forty-seven dollars.

(3) If a motor vehicle has a manufacturer's gross vehicle weight rating greater than twenty-six thousand pounds, any fee for the removal of the vehicle charged by a towing service pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed four hundred ten dollars.

(B) The maximum fees that may be charged relative to the storage of motor vehicles are as follows:

(1) If a motor vehicle has a manufacturer's gross vehicle weight rating less than ten thousand one pounds, any fee for the storage of the vehicle charged by a storage facility pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed twenty-two dollars per day.

(2) If a motor vehicle has a manufacturer's gross vehicle weight rating greater than ten thousand one pounds or less than twenty-six thousand pounds, any fee for the storage of the vehicle charged by a storage facility pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed thirty-eight dollars per day.

(3) If a motor vehicle has a manufacturer's gross vehicle weight rating greater than twenty-six thousand pounds, any fee for the storage of the vehicle charged by a storage facility pursuant to sections 4513.60 and 4513.601 of the Revised Code shall not exceed the reasonable cost of complying with the requirements of those sections, but in no instance exceed eighty-two dollars per day.

(C) No other fees shall be permitted to be charged or collected by a towing service or storage facility pursuant to sections 4513.60 and 4513.601 of the Revised Code that are not provided for in this rule or otherwise allowed by law.

(D) Any towing service or storage facility found to be in violation of this rule, may be liable to the state for a forfeiture assessed under section 4923.99 of the Revised Code.

Last updated January 5, 2026 at 8:03 AM

History

Effective: January 1, 2026
Promulgated Under: 119.03