2006 Ohio Revised Code - 4921.02. Definitions.

§ 4921.02. Definitions.
 

As used in sections 4921.01 to 4921.32 of the Revised Code: 

(A) "Motor transportation company," or "common carrier by motor vehicle," includes every corporation, company, association, joint-stock association, person, firm, or copartnership, and their lessees, legal or personal representatives, trustees, and receivers or trustees appointed by any court, when engaged or proposing to engage in the business of transporting persons or property, or the business of providing or furnishing such transportation service, for hire, whether directly or by lease or other arrangement, for the public in general, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state. All laws regulating the business of motor transportation, their context notwithstanding, apply to such motor transportation company or common carrier by motor vehicle. "Motor transportation company," as so used, does not include any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated: 

(1) Engaged or proposing to engage as a private motor carrier as defined by section 4923.02 of the Revised Code; 

(2) Insofar as they own, control, operate, or manage motor vehicles used for the transportation of property, operated exclusively within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporation; 

(3) Insofar as they are engaged in the transportation of persons in taxicabs in the usual taxicab service; 

(4) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events; 

(5) Engaged in the transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants; 

(6) Engaged in the distribution of newspapers; 

(7) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line; 

(8) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance; 

(9) Engaged in the transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch; 

(10) Engaged in 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. 

(B) "Trailer" means any vehicle without motive power designed or used for carrying property or persons and for being drawn by a separate motor-propelled vehicle, including any vehicle of the trailer type, whether designed or used for carrying property or persons wholly on its own structure, or so designed or used that a part of its own weight or the weight of its load rests upon and is carried by such motor-propelled vehicle. 

(C) "Public highway" means any public street, road, or highway in this state, whether within or without the corporate limits of a municipal corporation. 

(D) "Fixed termini" refers to the points between which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service. 

(E) "Regular route" refers to that portion of the public highway over which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service. 

(F) "Irregular route" refers to that portion of the public highway over which is conducted or provided any other operation of any motor vehicle by a motor transportation company transporting property. 

(G) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools. 

Whether or not any motor-propelled vehicle is operated or such transportation service is provided or furnished by such motor transportation company, between fixed termini or over a regular route, or over an irregular route, or whether or not a corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, trustees, or receivers or trustees appointed by any court, is engaged as a motor transportation company, are questions of fact. The finding of the public utilities commission on such questions is a final order which may be reviewed as provided in section 4921.17 of the Revised Code. The commission has jurisdiction to receive, hear, and determine such questions upon complaint of any party, or upon its own motion, upon not less than fifteen days' notice of the time and place of such hearing and of the matter to be heard. 
 

HISTORY: GC § 614-84; 110 v 211; 111 v 19, 515; 113 v 482; 117 v 349; 118 v 277; 118 v 407; Bureau of Code Revision, 10-1-53; 129 v 1706 (Eff 9-5-61); 135 v H 941 (Eff 11-22-73); 139 v H 53 (Eff 7-1-82); 148 v H 600. Eff 9-1-2000; 150 v H 87, § 1, eff. 6-30-03.
 

The effective date is set by section 26 of H.B. 87. 

 

Effect of Amendments

H.B. 87, Acts 2003, effective June 30, 2003, deleted former (A)(8) and redesignated the remaining subdivisions accordingly.