2006 Ohio Revised Code - 4919.79. Rules for transportation of hazardous materials in interstate commerce; cooperation with federal agencies.

§ 4919.79. Rules for transportation of hazardous materials in interstate commerce; cooperation with federal agencies.
 

(A)  The public utilities commission may adopt safety rules applicable to the highway transportation and offering for transportation of hazardous materials in interstate commerce, which highway transportation takes place into or through this state. 

(B)  The commission may adopt safety rules applicable to the highway transportation of persons or property in interstate commerce, which transportation takes place into or through this state. 

(C)  Rules adopted under divisions (A) and (B) of this section shall be consistent with, and equivalent in scope, coverage, and content to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted under it, and the "Motor Carrier Safety Act of 1984," 98 Stat. 2832, 49 U.S.C.A. 2501, and regulations adopted under it, respectively. No person shall violate a rule adopted under division (A) or (B) of this section or any order of the commission issued to secure compliance with any such rule. 

(D)  The commission shall cooperate with, and permit the use of, the services, records, and facilities of the commission as fully as practicable by appropriate officers of the interstate commerce commission, the United States department of transportation, and other federal agencies or commissions and appropriate commissions of other states in the enforcement and administration of state and federal laws relating to highway transportation by motor vehicles. The commission may enter into cooperative agreements with the interstate commerce commission, the United States department of transportation, and any other federal agency or commission to enforce the economic and safety laws and rules of this state and of the United States concerning highway transportation by motor vehicles. All grants-in-aid, cash, and reimbursements received by the commission pursuant to those cooperative agreements shall be deposited to the credit of the motor carrier safety fund, which is hereby created in the state treasury, to be used by the commission for the purpose of carrying out this section. 

(E)  To achieve the purposes of this section, the commission, through its inspectors or other authorized employees, may inspect any vehicles of carriers of persons or property in interstate commerce subject to the safety rules prescribed by this section and may enter upon the premises and vehicles of such carriers to examine any of the carriers' records or documents that relate to the safety of operation of such carriers. In order to assist the commission in the performance of its duties under this section, authorized employees of the motor carrier enforcement unit, created under section 5503.34 of the Revised Code in the division of state highway patrol, of the department of public safety may enter in or upon, for purposes of inspection, any vehicle of any such carrier. 
 

In order to inspect motor vehicles owned or operated by private motor carriers of persons, authorized employees of the motor carrier enforcement unit, division of state highway patrol, of the department of public safety may enter in or upon the premises of any private carrier of persons in interstate commerce, subject to the safety rules prescribed by this section. 
 

HISTORY: RC § 4919.85, 135 v H 822 (Eff 2-1-75); 142 v H 428 (Eff 9-26-88); RC § 4919.79, 145 v H 152 (Eff 7-1-93); 146 v S 162 (Eff 10-29-95); 148 v H 600. Eff 9-1-2000; 150 v H 95, § 1, eff. 6-26-03; 150 v H 230, § 1, eff. 9-16-04.
 

Not analogous to former RC § 4919.79 (135 v H 822; 139 v H 694), repealed 145 v H 152, § 2, eff 7-1-93.

 

Effect of Amendments

150 v H 230, effective September 16, 2004, in (E), substituted "motor carrier" for "commercial motor vehicle safety" twice, and inserted "created under section 5503.34 of the Revised Code in the" in the first paragraph. 

H.B. 95, Acts 2003, effective June 26, 2003, added the last sentence to (D).