4901:2-5-01 Definitions

(A) Authorized Personnel: Means employees of the Public Utilities Commission’s Transportation Department authorized to conduct inspections of motor vehicles and driver’s and employees of the State Highway Patrol designated by the Superintendent to conduct inspections of motor vehicle and drivers.

(B) Commercial Motor Vehicle: For a motor carrier operating in intrastate commerce has the same meaning as 390.5 (10,001 GVWR – GCWR) when operated by a for-hire carrier; and the same meaning as 383.5 (CDL Required) when operated by a private carrier.

4901:2-5-01 Definitions

(E) Excepted Carrier: Means a person excepted as a for-hire motor carrier under section 4923.01(B)(1) through (B)(9) of the ORC or a person excepted as a private motor carrier under section 4923.02(A)(1) through (A)(9) of the ORC.

(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.

(O) Motor Carrier: Means all for-hire motor carriers and private motor carriers operating CMVs in intrastate commerce. Motor Carrier also includes those defined in 390.5 operating in Ohio in interstate commerce.

ORC 4923.01• “Motor Carrier" means a person engaged in the

business of transporting persons or property by motor vehicle, except when engaged in any of the following in intrastate commerce:

• (1) The transportation of persons in taxicabs in the usual taxicab service;

• (2) The transportation of pupils in school busses operating to or from school sessions or school events;

• (3) The transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;

• (4) The distribution of newspapers; • (5) The transportation of crude petroleum incidental

to gathering from wells and delivery to destination by pipe line;

• (6) The transportation of injured, ill, or deceased persons by hearse or ambulance;

• (7) The transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;

• (8) The transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose;

• (9) The operation of motor vehicles for contractors on public road work.

4901:2-5-02 Purpose and scope

(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 May 14, 2014.

4901:2-5-03 Adoption and applicability of USDOT safety standards

(A) The Commission hereby adopts the provisions of the regulations of the US DOT contained in 49 CFR 40, 367, 380, 382, 383, 385, 386, 387, and 390 to 397, as effective on the date reference in paragraph (C) of rule 4901:2-5-02 of the OAC (5/14/14), unless specifically excluded or modified by a rule of the Commission, and those portions of the regulations contained in 49 CFR 107, subparts f and g, and 171 to 180 as effective on the date reference in paragraph (C) of rule 4901:2-5-02 of the OAC (5/14/14) as applicable to the transportation or offering for transportation of hazardous materials by motor vehicle. A violation by any person subject to these regulations shall constitute a violation of the Commission’s rules.

4901:2-5-03 Adoption and applicability of USDOT safety standards

(B) All motor carriers operating in intrastate commerce shall conduct their operations in accordance with the provision of this chapter and the regulations adopted pursuant to paragraph (A) of this rule.

(C) All motor carriers engaged in interstate commerce in Ohio shall operate in conformity with all regulations of the USDOT which have been adopted by the Commission pursuant to paragraph (A) of this rule.

4901:2-5-03 Adoption and applicability of USDOT safety standards

(E) All hazardous materials transporters shall operate in conformity with the regulations contained 49 CFR 107 subparts f and g and 171 to 180 as effective on the date referenced in paragraph (C) of rule 4901:2-5 of the OAC, as applicable, which have been adopted by the commission pursuant to paragraph (A) of this rule.

(C) All excepted carriers shall operate in conformity with the regulations the USDOT contained in 49 CFR 383 as effective on the date referenced in paragraph (C) of rule 4901:2-5 of the OAC , as applicable, and the regulations contained 49 CFR 107 subparts f and g and 171 to 180 as effective on the date referenced in paragraph (C) of rule 4901:2-5 of the OAC, as applicable, which have been adopted by the commission pursuant to paragraph (A) of this rule.

4901:2-5-03 Adoption and applicability of USDOT safety standards

(G) Enforcement of the regulations adopted pursuant to paragraph (A) of this rule, shall be subject to any exemptions granted by the US DOT and shall be consistent with interpretations issued by US DOT.

(H) Title 49 CFR 395.3 as effective on the date referenced in paragraph (C) of rule 4901:2-5-02 of the OAC, 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 limits apply:

(1) No motor carrier engaged in intrastate construction material or equipment transportation shall permit or require any driver to drive:

FMCSRs

• The following rules are enforceable in Ohio with the adoption of the new safety rules:

Hand-held Mobile Phones

49 CFR 392.82 prohibits:

(a) (1) No driver shall hold(a) (2) No motor carrier shall require or

allow

Mobile Phones allowed if:• Ear piece or speaker phone• Single-button control• Push-to-talk without holding phone• Must be able to do above while seated at

controls with seat belt on

Driving Defined

• Operating a CMV with the motor running, including temporarily stationary because of traffic, traffic control device, or other momentary delays.

Daily Vehicle Inspection Report DVIR

• A written report is not required if defects are not discovered or reported to the driver.

Hours of Service• On-duty definition• 30-minute break• 34-hour restart provision – Back to old no

longer 2 from 1-5 AM or 1 in 168 hours• Oilfield exemption

30-Minute Break• May not drive if it has been more than 8 hours since

the last off-duty or sleeper berth period of at least 30 minutes.

• Recorded on RODs as off-duty or sleeper berth time.

• 30-minute break is calculated in the 14-hour rule.

34-Hour Restart• Restart Driver 60/70 hour clock to zero• Not required to be used if you have time

available on your 60/70 hour clock• Time zones must be the motor carrier’s

home terminal time.

National Registry of Medical Examiners• Medical Examiners who perform examination for

CMV driver must be registered on the Nation Registry of Medical Examiners as of 5/21/14

• 391.51(b)(9) DQ file must contain A note relating to verification of medical examiner listing on the National Registry of Certified Medical Examiners required by §391.23(m).

Unified Registration System (URS)• Implements new registration requirements,

including new registration fee and registration of brokers and freight forwarders

• One stop shop for USDOT Number and MC Authority

• USDOT will purge inactive USDOT Number from their system

URS Violations Added• If a Motor Carrier fails to update, the carrier’s

USDOT number will be deactivated one month after the filing deadline

• Motor Carriers will cited for 392.9b(a) if inspected at roadside and operating with a deactivated USDOT Number

Marking of Vehicles• If operating in intrastate commerce:• Shall mark vehicle as required by 390.21• The CPCN number may replace the US DOT

Number• Private carrier are not required to display a CPCN

or US DOT Number

Marking of Vehicles• If operating in intrastate commerce:• The Director may grant a written exemption to

company markings• The exemption shall be maintain in each vehicle

operated under the exemption and at the carrier’s PPoB

• No motor carrier shall display the identification number of another motor carrier

Inspection Program• Authorized employees of the Commission's

Transportation Department may enter any Motor Carrier, Excepted Carriers, hazardous material transporters or Offer’s property to interview employee’s and examine motor vehicle, records, documents or property for purposes of accessing compliance. They may also require the above to provide records or property to be examined off-site.

Additional Rule changes• When a driver get a new medical

certificate the motor carrier has 15 days to run and file an update MVR in drivers qualification file.

MEC & MVR• Can not use BMV un-official driving record.  

If the record does not include the elements in 383.73(o)(1)(iii)(A-J), it is not equivalent to CDLIS record generated by the State.

For-Hire Intrastate Carriers• Must initially get a CPCN # (PUCO Authority)• Must have a USDOT # can be intrastate or

interstate #• Either renew CPCN annual or maintain UCR

registration (No lapse of UCR)

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