2006 Ohio Revised Code - 4923.20. Rules for transportation of hazardous materials by not-for-hire carriers.

§ 4923.20. Rules for transportation of hazardous materials by not-for-hire carriers.
 

(A)  As used in this section: 

(1) "Private motor carrier" has the same meaning as in section 4923.02 of the Revised Code, except that it includes only private motor carriers operating on a not-for-hire basis and excludes all private motor carriers operating on a for-hire basis. 

(2) "Commercial motor vehicle" has the same meaning as in the "Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701, as amended, except that "commerce" means trade, traffic, and transportation solely within this state. 

(B)  The public utilities commission may adopt and enforce rules concerning the safety of operation of commercial motor vehicles by private motor carriers, except that the rules shall not affect any rights or duties granted to or imposed upon the operator of such a motor vehicle by Chapter 4511. of the Revised Code. 

(C)  The commission may adopt safety rules applicable to the transportation of hazardous materials by private motor carriers by means of commercial motor vehicles and applicable to the offering of hazardous materials for such transportation. The rules 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. 

(D)  To achieve the purposes of this section, the commission may, through inspectors or other authorized employees, inspect any motor vehicles of such carriers and may enter upon the premises and vehicles of the carriers to examine any of the carriers' records or documents that relate to the safety of operation of private motor carriers. In order to assist the commission in performing 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 motor vehicle of any such carrier. 
 

In order to inspect motor vehicles owned or operated by private motor carriers engaged in the transportation 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 motor carrier engaged in the intrastate transportation of persons. 

(E)  No private motor carrier or person offering hazardous materials for transportation by private motor carrier shall fail to comply with any order, decision, or rule adopted under this section or any order of the commission issued to secure compliance with any such rule. 
 

HISTORY: 141 v H 43 (Eff 9-4-85); 142 v S 154 (Eff 10-1-87); 142 v H 428 (Eff 9-26-88); 146 v S 162 (Eff 10-29-95); 148 v H 600. Eff 9-1-2000; 150 v H 230, § 1, eff. 9-16-04.

 

Effect of Amendments

150 v H 230, effective September 16, 2004, in (D), 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.