Chapter 4901:2-21 Registration of Intrastate Motor Carriers

4901:2-21-01 Definitions.

(A) "Applicant" means any carrier who submits a registration application to the commission.

(B) "Carrier" means any carrier engaged in the transportation of property, for hire, subject to rules adopted under section 4919.79 of the Revised Code, motor transportation company as defined in section 4921.02 of the Revised Code, or contract carrier by motor vehicle as defined in section 4923.02 of the Revised Code.

(D) "Intrastate commerce" means transportation from one point in this state to another point in this state, and transportation within, into, or from this state where such transportation is not subject to the jurisdiction of the United States secretary of transportation or the surface transportation board pursuant to 49 U.S.C. 13506(6).

Replaces: 4901:2-21-01

Effective: 10/07/2011
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4921.08, 4921.09, 4921.10, 4921.38
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4921.38
Prior Effective Dates: 12/16/94 (Emer), 4/13/95

4901:2-21-02 Purpose and scope.

(A) This chapter governs the registration of motor carriers operating for hire, in intrastate commerce, within this state.

(B) The commission may, upon application or upon a motion filed by a party, waive any requirement of this chapter, for good cause shown, other than a requirement mandated by statute from which no waiver is permitted.

Replaces: 4921:2-21-01

Effective: 10/07/2011
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4923.03
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4923.04, 4923.05
Prior Effective Dates: 12/16/94 (Emer), 4/13/95

4901:2-21-03 Registration application.

(A) Before commencing operations in the state of Ohio a carrier must register with the public utilities commission of Ohio.

(B) To register with the commission, a carrier must complete and submit a registration application form promulgated by the commission containing the following information:

(1) Applicant's legal name and doing business as (D.B.A.), if applicable;

(2) Applicant's mailing address;

(3) Applicant's street address, if the location where records are kept is different from mailing address;

(4) Street address of principal place of business of applicant;

(5) Name of person to whom communications regarding the application should be directed;

(6) Title of person to whom communications regarding the application should be directed;

(7) Telephone number of person to whom communications regarding the application should be directed;

(8) Facsimile transmission number of person to whom communications regarding the application should be directed;

(9) Applicant's email address;

(10) Whether the applicant is a sole proprietorship, partnership, corporation, or otherwise;

(11) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement: "I certify that, to the best of my knowledge, applicant is aware of and in compliance with all applicable state and federal laws, rules and regulations pertaining to motor carrier operations including but not limited to the federal motor carrier safety regulations; the federal hazardous materials regulations; and the state motor carrier regulations.";

(12) A certification by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement: "I certify that, to the best of my knowledge and after due investigation, information contained in this application is true, accurate, and complete." The application shall be signed and dated by the responsible official certifying the application including the title and telephone number of the official;

(13) The type of motor carrier operation of the applicant, as defined by whether the applicant is:

(a) A transporter of property, using freight vehicles with a gross vehicle weight rating of ten thousand and one pounds or more, excluding carriers exclusively engaged in the transportation of household goods; or

(b) A transporter of property, using only freight vehicles with a gross vehicle weight rating of ten thousand pounds or less, excluding carriers exclusively engaged in the transportation of household goods or;

(d) A transporter of passengers; or

(e) A transporter engaged in the towing of motor vehicles; or

(f) A transporter of hazardous materials:

(i) In any quantity; or

(ii) In less than placardable quantities in vehicles with a gross vehicle weight rating of ten thousand pounds or less; or

(iii) In placardable quantities of hazardous materials in vehicles with a gross vehicle weight rating of ten thousand pounds or less; or

(iv) Requiring one million dollars in public liability and property damage insurance in accordance with 49 C.F.R. 387.9, as effective on July 6, 2011; or

(v) Requiring five million dollars in public liability and property damage insurance in accordance with 49 C.F.R. 387.9, as effective on July 6, 2011.

Replaces: 4901:2-21-03

4901:2-21-04 Supplementation of information.

(A) Upon a written request from the staff, each applicant shall provide, within fifteen days, any additional information necessary for the processing of a registration application. Failure to respond to a request for additional information within this time frame will result in the application being rejected and will necessitate the filing of a new complete application.

(B) A carrier which is required to obtain a certificate of public convenience and necessity shall notify the staff within fifteen days of any changes to the information contained in the registration application.

Replaces: 4901:2-21-04

**4901:2-21-05 [Rescinded] Term of registration.**

Effective: 10/07/2011
R.C. 119.032 review dates: 07/08/2011
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4923.03
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4923.04, 4923.05
Prior Effective Dates: 12/16/94, 4/13/95, 7/15/99, 7/3/03

4901:2-21-06 Prohibitions.

(A) No carrier may transport property, in intrastate commerce, within this state unless such carrier has registered with the commission pursuant to this chapter.

(B) No person shall falsify or fail to submit to the commission any data, reports, records, or other information required to be submitted under this chapter.

R.C. 119.032 review dates: 07/08/2011 and 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4923.03
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4923.04, 4923.05
Prior Effective Dates: 12/16/94, 4/13/95

4901:2-21-07 Certificate of public convenience and necessity.

(A) Following receipt of a completed registration application from a carrier under rule 4901:2-21-03 of the Administrative Code, the staff shall issue a certificate of public convenience and necessity, provided that:

(1) The carrier has properly filed proof of public liability security with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code;

(2) All current and past applicable fees and taxes have been paid; and

(3) The carrier is not in default on any civil forfeiture owed to the commission.

(B) If the staff denies issuance of a certificate for failure of the carrier to meet the requirements of paragraph (A) of this rule, the applicant may file a petition with the commission for the issuance of the certificate. The commission shall grant such petition for good cause shown.

Replaces: 4901:2-21-07

4901:2-21-08 Registration application requirements for household goods carriers.

A carrier transporting household goods shall complete and submit a registration application containing the information required under rule 4901:2-21-03 of the Administrative Code in addition to the following information:

(A) The name and title of a person, authorized to negotiate on behalf of the applicant, to whom communications regarding consumer complaints should be directed.

(B) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement: "I certify that the applicant maintains worker's compensation coverage pursuant to Chapter 4123. of the Revised Code."

(C) A certification, initialed by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant, containing the following statement: "I certify the applicant maintains unemployment compensation coverage pursuant to Chapter 4141. of the Revised Code."

Replaces: 4901:2-21-08

Effective: 10/07/2011
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4921.08, 4921.09, 4921.10, 4921.38, 4921.04
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4921.38
Prior Effective Dates: 7/15/99

4901:2-21-09 Annual certificate of public convenience and necessity renewal.

(A) On or between the first and the fifteenth days of July of each year, every carrier engaged solely in the business of transporting property in intrastate commerce shall update its registration information relative to its certificate of public convenience and necessity by completing and submitting an application form promulgated by the commission, containing the same information as required under rule 4901:2-21-03 of the Administrative Code.

(B) Following receipt of a completed application from a carrier under paragraph (A) of this rule the staff shall verify that:

(1) The carrier has properly filed proof of public liability security with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code;

(2) All current and past applicable fees and taxes have been paid; and

(3) The carrier is not in default on any civil forfeiture owed to the commission.

(C) If a carrier complies with all requirements under paragraph (B) of this rule, staff shall issue the applicable receipt.

(D) If the carrier believes that staff has improperly denied issuance of the applicable receipt under this rule, the carrier may file a petition with the commission for the issuance of the applicable receipt. The commission shall grant such petition for good cause shown.

Effective: 10/07/2011
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4923.03
Rule Amplifies: 4921.08, 4921.09, 4921.10, 4923.04, 4923.05