4501-52-02 Annual bus safety inspection program.

[Comment: Information regarding availability, as well as the date or applicable version of the materials incorporated by reference in this rule, can be found in paragraphs (C) and (D) of rule 4501-52-01 of the Administrative Code.]

(A) To determine if a bus, as defined in section 4513.50 of the Revised Code, is safe, equipped and permitted as required by law and whether the equipment is properly adjusted and in proper working order, all buses shall be inspected annually. In addition to the annual inspection, a bus shall be inspected as required by section 4513.52 of the Revised Code if ownership of the bus is transferred or if the bus fails a roadside inspection.

(B) Such inspection shall be made with respect to all equipment and vehicle components designated as requirements of this chapter. All annual bus safety inspections (annual inspections) shall be conducted by the state highway patrol office of licensing and commercial standards motor carrier enforcement unit in accordance with the requirements of this chapter.

(C) The fee for each annual inspection is one hundred dollars.

(D) Every bus owner or operator shall pay the annual bus safety inspection fee (annual inspection fee) as follows:

(1) For new license plate registrations:

(a) A newly purchased bus legally displaying a thirty-day temporary placard or windshield sticker may be operated without the official state highway patrol annual bus safety inspection decal (annual bus safety inspection decal),

(b) If the owner or operator of a bus is applying for an annual inspection and new license plate registration during the period of July first through September fifteenth, inclusive, the established annual inspection fee shall be discounted twenty-five per cent.

(c) If the owner or operator of a bus is applying for an annual inspection and new license plate registration during the period of September sixteenth through November twentieth, inclusive, the established annual inspection fee shall be discounted fifty per cent.

(d) New bus annual inspection fees referenced in paragraphs (D)(1)(b) and (D)(1)(c) of this rule shall be determined by the date the application and payment are received.

(e) If the owner or operator of a bus is applying for a new license plate registration during months other than those prescribed in paragraphs (D)(1)(b) and (D)(1)(c) of this rule, the established annual inspection fee shall be paid.

(2) For renewal registrations:

(a) The established annual inspection fee shall be paid for all renewal registrations; and

(b) The application for renewal registration and payment of the established annual inspection fee shall be submitted in accordance with paragraph (D) of this rule, on or after November twenty-first each year.

(E) Every bus owner or operator shall apply and submit the established annual inspection fee for each bus to be inspected to any deputy registrar who shall collect the fee on behalf of the state highway patrol.

(F) Upon receipt of proof of payment the owner or operator of a bus shall contact the appropriate district headquarters of the state highway patrol and arrange for the annual inspection.

(G) Upon determining a bus is in compliance with this chapter, the inspecting officer shall:

(1) Complete an official state highway patrol annual bus safety inspection report

(driver vehicle inspection report);

(2) Complete the safety inspection report as prescribed in division (C) of section 4513.51 of the Revised Code;

(3) Affix an official state highway patrol annual bus safety inspection decal. Small buses, defined as having a gross vehicle weight rating greater than ten thousand pounds and designed to transport less than sixteen passengers, may, at the option of the bus owner or operator, opt to have the small annual bus safety inspection decal applied instead of the normal inspection decal to the outside surface of each side of the bus as follows:

(a) Driver (left) side:

(i) Below, and as close as possible to the front edge of the driver side window, but not in a location that would interfere with or obscure lighting devices, company markings, permits or other required items; or

(ii) At the option of the bus owner or operator, on side window glass as close as possible to the location described in paragraph (G)(3)(a)(i) of this rule. If such alternate location is used, the placement of the decal shall not interfere with the driver's view or obscure lighting devices, company markings, permits or other required items.

(b) Passenger (right) side:

(i) To the rear of, and as close as possible to the passenger door, or if the door is located more than three feet from the right edge of the windshield, near the right edge of the vehicle windshield, approximately six feet above the road surface; or

(ii) At the option of the bus owner or operator, on side window glass as close as possible to the location described in paragraph (G)(3)(b)(i) of this rule. If such alternate location is used, the placement of the decal shall not interfere with the driver's view or obscure lighting devices, company markings, permits or other required items.

(4) Affix a commercial vehicle safety alliance (CVSA) decal issued by the department of public safety to the glass portion of the passenger door approximately six feet above the road surface, but not in a location that would interfere with the driver's vision to the right outside mirrors; and

(5) Issue the owner or operator of the bus the official state highway patrol driver vehicle inspection report and a valid safety inspection report as prescribed in division (C) of section 4513.51 of the Revised Code.

(H) When applying for the annual registration of the bus the owner or operator of the bus shall present the safety inspection report to the registrar or a deputy registrar.

(I) If, during the annual inspection of a bus, the bus does not meet the requirements of this chapter:

(1) The inspecting official shall complete an official state highway patrol driver vehicle inspection report detailing the items requiring repair and correction; and

(2) The inspecting official shall provide the owner or operator of the bus the official state highway patrol driver vehicle inspection report and explain the defects noted.

(a) The owner or operator shall make the necessary repairs and corrections as noted on the official state highway patrol driver vehicle inspection report.

(b) The owner or operator shall arrange for another safety inspection.

Upon failure of the annual inspection requirements prescribed in this chapter, without payment of any additional fee, a bus may be re-inspected one additional time

If the bus fails two annual inspections, before a third inspection is conducted the owner or operator of the bus again shall pay the established annual inspection fee.

(3) If any vehicle defect meets the current North American "Standard Out-of-Service Criteria" published by the "Commercial Vehicle Safety Alliance":

(a) The inspecting official shall:

(i) Complete an official state highway patrol driver vehicle inspection report detailing the items requiring repair and correction and declare the bus out-of-service;

(ii) Place an official out-of-service decal on the bus as required by state highway patrol procedures; and

(iii) Provide the owner or operator of the bus the official state highway patrol driver vehicle inspection report and explain the defects noted.

(b) Prior to operating the bus on public roadways the owner or operator shall make the necessary repairs and corrections to the out-of-service defects that were noted on the official state highway patrol driver vehicle inspection report and shall arrange for another safety inspection.

Upon failure of the annual inspection requirements prescribed in this chapter, without payment of any additional fee, a bus may be re-inspected one additional time.

If the bus fails two annual inspections, before a third inspection is conducted, the owner or operator of the bus again shall pay the established annual inspection fee.

(4) Prior to being operated on public roadways, buses declared out-of-service at an inspection location shall have the out-of-service items repaired and corrected.

If the bus was declared out-of-service at a location other than the bus owner's or operator's property, the bus may be moved only:

(a) After repair and correction of the out-of-service defects at the inspection location; or

(b) Via towing from the inspection location by an emergency towing vehicle equipped with a crane or hoist (combination shall meet the applicable braking requirements); or

(c) By being placed entirely upon another motor vehicle.

(J) Official state highway patrol annual bus safety inspection decal (annual bus safety inspection decal)

(1) Annual bus safety inspection decal shall expire at eleven fifty-nine p.m. on May thirty-first of the year designated on the annual bus safety inspection decal.

As proof of compliance with 49 C.F.R. 396.17 , periodic inspection, the annual bus safety inspection decal, though it expires as prescribed in this paragraph, shall expire twelve months from the date of the inspection and application of the annual bus safety inspection decal.

(2) Unless the bus is sold or traded, the owner or operator of any bus required to be inspected under this chapter shall not remove or attempt to remove the annual bus safety inspection decal originally affixed on the bus during the annual inspection process required by this chapter.

(3) An annual bus safety inspection decal that has become damaged beyond recognition shall be replaced by the state highway patrol at no charge to the owner or operator, provided the second decal affixed to the bus is in proper condition.

(K) Prior to the annual inspection, the owner or operator of the bus shall remove all luggage, freight or other items not used in the normal operation of the bus.

Effective: 04/28/2011
R.C. 119.032 review dates: 02/04/2011 and 01/03/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 4513.52
Rule Amplifies: R.C. 4513.51 , R.C. 4513.52 , R.C. 4513.53
Prior Effective Dates: 2/16/01, 6/18/04, 6/22/06