Chapter 4901:2-15 Registration of Motor Carriers Operating Under Authority Issued by the Interstate Commerce Commission

4901:2-15-01 Definitions.

(A) "Applicant" means any entity that submits to the commission the forms necessary to register pursuant to the unified carrier registration agreement.

(B) "Base state" means a participating state in which a motor carrier, motor private carrier, broker, leasing company, or freight forwarder subject to the unified carrier registration agreement shall register and to which it shall pay its unified carrier registration fees.

(C) "Broker" means a person who, for compensation, sells, arranges for, or offers to arrange the transportation of persons or property by motor carrier.

(D) "Commission" means the public utilities commission of Ohio.

(E) "Freight forwarder" means a person who, for compensation, arranges for or offers to arrange for the transportation of property belonging to others, utilizing motor carriers to provide the actual transportation, and in the ordinary course of its business:

(1) Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; and

(2) Assumes responsibility for the transportation from the place of receipt to the place of destination.

(F) "Interstate commerce" has the same meaning as in Section 4921.01 of the Revised Code.

(G) "Leasing company" means a person engaged in the business of leasing or renting, for compensation, motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder.

(H) "Motor carrier" means a person engaged in the business of transporting persons or property by motor vehicle for compensation, in interstate commerce.

(I) "Motor private carrier" means a person who is not a motor carrier but is engaged in the transportation of property by motor vehicle in interstate commerce in order to support its primary line of business.

(J) "Motor vehicle" means a vehicle that is self-propelled by mechanical power and used upon the highways in the transportation of persons or property, or any combination thereof, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

(K) "Participating state" means a state that participates in the unified carrier registration plan.

(L) "Principal place of business" means a single location that serves as a registrant's headquarters, and where the registrant maintains or can make available its operational records.

(M) "Registrant" means a motor carrier, motor private carrier, broker, leasing company, or freight forwarder that has selected Ohio has its base state and has registered with the commission pursuant to the unified carrier registration agreement.

(N) "Registration year" means a calendar year.

(O) "Renewal period" means, with respect to a registration year, the period of October 1 through December 31 of the immediately preceding year, or as determined by the Unified Carrier Registration Board.

(P) "Staff" means employees of the transportation department of the commission.

(Q) "Submit" means to file electronically or via a paper application form.

(R) "Unified carrier registration agreement" means the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration information and unified carrier registration fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to 49 U.S.C.14504a, as effective on the date referenced in paragraph (C) of rule 4901:2-15-02 of the Administrative Code.

(S) "Unified carrier registration board" means the board of directors appointed by the United States secretary of transportation pursuant to 49 U.S.C. 14504a, as effective on the date referenced in paragraph (C) of rule 4901:2-15-02 of the Administrative Code.

(T) "Unified carrier registration fees" means the fees determined by the United States secretary of transportation based upon recommendation by the unified carrier registration board.

(U) "Unified carrier registration plan" means the organization of state, federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement.

Replaces: 4901:2-15-01

Effective: 7/20/2015
Five Year Review (FYR) Dates: 07/20/2020
Promulgated Under: 111.15
Statutory Authority: 4905.06
Rule Amplifies: 4921.11
Prior Effective Dates: 8/1/92, 8/28/94, 9/18/00, 9/12/07 (Emer.), 12/11/07 (Emer.), 1/5/08, 9/27/10

4901:2-15-02 Purpose and scope.

(A) This chapter governs the establishment of requirements applicable to registration of motor carriers, motor private carriers, freight forwarders, brokers, and leasing companies, pursuant to the unified carrier registration plan.

(B) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statute, for good cause shown.

(C) Each citation contained within this chapter that is made to a section of the United States code or 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 February 13, 2015.

Replaces: 4901:2-15-02

Effective: 7/20/2015
Five Year Review (FYR) Dates: 07/20/2020
Promulgated Under: 111.15
Statutory Authority: 4905.06
Rule Amplifies: 4921.11
Prior Effective Dates: 2/1/75, 5/16/83, 8/1/92, 8/28/94, 9/18/00, 9/12/07 (Emer.), 12/11/07 (Emer.), 1/5/08

4901:2-15-03 Registration requirements.

(A) All motor carriers, motor private carriers, brokers, freight forwarders and leasing companies that operate in interstate commerce within the borders of Ohio shall register as required by the unified carrier registration agreement.

(B) All motor carriers, motor private carriers, brokers, freight forwarders and leasing companies shall select their base state in accordance with the provisions of the unified carrier registration agreement then in effect.

(C) Motor carriers, motor private carriers, brokers, freight forwarders and leasing companies selecting Ohio as their base state shall annually submit to the commission a complete and accurate unified carrier registration application form. The staff will maintain, and post on the commission's website, the most recent version of the application to provide to applicants. Such application shall be submitted within the renewal period of the year preceding the registration year. An applicant that intends to commence operating during a registration year may register at any time, but it must do so before it commences operating. At the time that an applicant submits its unified carrier registration application form, it shall also pay to the commission the applicable unified carrier registration fees. Upon request of an applicant, the staff will issue a receipt reflecting that the applicant has filed the required unified carrier registration application form and paid the applicable unified carrier registration fees.

(D) An applicant that completes its unified carrier registration requirements though a national or regional electronic system shall be deemed to be in compliance with the provisions of this rule.

(E) Registrants are required to preserve the records upon which their annual unified carrier registration applications are based for three years from the due date or filing date, whichever is later, plus any time period included as a result of commission decisions or inquiries. Such records shall be made available for inspection by the staff upon demand.

(F) Motor carriers, motor private carriers, brokers, freight forwarders and leasing companies that are required to select a participating state, other than Ohio, as their base state, must comply with that state's unified carrier registration requirements before operating within the borders of Ohio.

Replaces: 4901:2-15-03

Effective: 7/20/2015
Five Year Review (FYR) Dates: 07/20/2020
Promulgated Under: 111.15
Statutory Authority: 4905.06
Rule Amplifies: 4921.11
Prior Effective Dates: 2/1/75, 5/16/83, 8/1/92, 8/28/94, 9/18/00, 6/22/07, 9/12/07 (Emer.), 12/11/07 (Emer.), 1/5/08

4901:2-15-04 Change of name, address, or ownership.

(A) If a registrant changes its name, business address, or principal place of business, the registrant shall notify the staff, in writing, within ninety days after the date of such change.

(B) Upon a registrant's change of ownership that requires a new United States department of transportation number to be issued, the registrant shall notify the staff of such change. The new entity will be considered to be a new operation and it shall comply with the requirements of this chapter.

Replaces: 4901:2-15-04

Effective: 7/20/2015
Five Year Review (FYR) Dates: 07/20/2020
Promulgated Under: 111.15
Statutory Authority: 4905.06
Rule Amplifies: 4921.11
Prior Effective Dates: 9/27/10

4901:2-15-05 Registration receipts. [Rescinded].

Rescinded eff 1-5-08

4901:2-15-06 Change of name, address, or ownership of motor carrier. [Rescinded].

Rescinded eff 1-5-08