Chapter 4901:2-21 Registration of Intrastate Motor Carriers

4901:2-21-01 Definitions.

(A) "Applicant" means any for-hire carrier who submits to the commission the required application forms necessary to receive a certificate.

(B) "Certificate" means certificate of public convenience and necessity.

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

(D) "For-hire motor carrier" has the same meaning as in section 4921.01 of the Revised Code.

(E) "Household goods" has the same meaning as in section 4921.01 of the Revised Code.

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

(G) "Register" or "Registration" means the process by which a for-hire motor carrier submits to the commission, the required application forms necessary to receive a certificate.

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

Replaces: 4901:2-21-01

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81
Rule Amplifies: 4921.01
Prior Effective Dates: 12/16/94 (Emer), 4/13/95, 10/7/11

4901:2-21-02 Purpose and scope.

(A) This chapter governs the registration of for-hire motor carriers operating 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.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013 and 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4921.04, 4923.03
Rule Amplifies: 4921.01 through 4921.38
Prior Effective Dates: 12/16/94 (Emer), 4/13/95, 10/7/11

4901:2-21-03 Registration of for-hire motor carriers.

(A) No for-hire motor carrier may operate in intrastate commerce within this state unless such for-hire motor carrier has registered with the commission and has a current and valid certificate issued by the commission pursuant to this chapter.

(B) To register with the commission, an applicant must submit a complete and accurate application form containing the certifications required by Chapter 4921. of the Revised Code and any other information or certifications deemed necessary by the commission. The application form may change from time-to-time without further commission entry. Staff will maintain, and post on the commission's website, the most recent version of the application to provide to applicants.

(C) An applicant must obtain an identification number issued by the United States department of transportation before submitting an application form to the commission.

Replaces: 4901:2-21-03

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.05
Rule Amplifies: 4921.03 , 4921.05 , 4921.30 , 4921.34
Prior Effective Dates: 12/16/94 (Emer), 4/13/95, 7/15/99, 7/3/03, 10/7/11

4901:2-21-04 Supplementation of information.

(A) Upon a request from the staff, each applicant shall provide, within fifteen days, any additional information necessary for the processing of an application for a certificate, or for the processing of an annual update form submitted pursuant to rule 4901:2-21-06 of the Administrative Code. 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 or annual update form.

(B) A for-hire motor carrier that has obtained a certificate of public convenience and necessity shall notify the staff within fifteen days of any changes to the information contained in the application.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013 and 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81
Rule Amplifies: 4921.03 , 4921.05
Prior Effective Dates: 12/16/94 (Emer), 4/13/95, 10/7/11

4901:2-21-05 Certificate of public convenience and necessity.

(A) Following receipt of a completed application form submitted by an applicant pursuant to rule 4901:2-21-03 of the Administrative Code, the staff shall issue a certificate and tax receipts, provided that the applicant:

(1) Has properly filed proof of insurance with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code; and

(2) Has paid all applicable taxes and fees calculated in accordance with section 4921.19 of the Revised Code; and

(3) Is not in default on any civil forfeiture imposed pursuant to section 4923.99 of the Revised Code.

(B) If the staff denies issuance of a certificate for failure of the applicant to meet the requirements of paragraph (A) of this rule, the applicant may file a petition and request for hearing with the commission for the issuance of the certificate.

Replaces: 4901:2-21-07

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81
Rule Amplifies: 4921.03 , 4921.09 , 4921.19
Prior Effective Dates: 4/13/95, 7/3/03, 10/7/11

4901:2-21-06 Annual update of a certificate of public convenience and necessity.

(A) This rule applies to:

(1) Every for-hire motor carrier operating solely in intrastate commerce; and

(2) Every for-hire motor carrier engaged in the transportation of household goods holding a certificate granted pursuant to this chapter.

(B) Every for-hire motor carrier identified in paragraph (A) of this rule shall, annually between the first day of May and the thirtieth day of June, update its information relative to its certificate by submitting a complete and accurate annual update form that is substantially the same as the application form prescribed under rule 4901:2-21-03 of the Administrative Code. The annual update form may change from time-to-time without further commission entry. Staff will maintain, and post on the commission's website, the most recent version of the annual update form to provide to applicants.

(C) Following receipt of a completed annual update form, the staff shall issue tax receipts, provided that the for-hire motor carrier:

(1) Has properly filed proof of insurance with the staff, pursuant to Chapter 4901:2-13 of the Administrative Code; and

(2) Has paid all applicable taxes and fees calculated in accordance with section 4921.19 of the Revised Code; and

(3) Is not in default on any civil forfeiture imposed pursuant to section 4923.99 of the Revised Code.

(D) If the staff denies issuance of tax receipts for failure of the for-hire motor carrier to meet the requirements of paragraph (C) of this rule, the for-hire motor carrier may file a petition and request for hearing with the commission for the issuance of tax receipts.

Replaces: 4901:2-21-06

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.13
Rule Amplifies: 4921.03 , 4921.09 , 4921.19 , 4921.13
Prior Effective Dates: 12/16/94, 4/13/95

4901:2-21-07 Suspension and revocation of a certificate of public convenience and necessity.

(A) For purposes of this rule, service upon staff shall be by ordinary or certified United States mail, facsimile transmission, or electronic mail. Service upon a for-hire motor carrier shall be by ordinary or certified United States mail, facsimile transmission, or electronic mail if the for-hire motor carrier to be served has consented to receive service by electronic mail.

(B) A certificate shall be suspended if a for-hire motor carrier does any of the following:

(1) Fails to meet the annual update requirements of rule 4901:2-21-06 of the Administrative Code.

(2) Fails to maintain accurate and current business information with the commission

(3) Fails to maintain proper proof of insurance or proper levels of insurance pursuant to Chapter 4901:2-13 of the Administrative Code.

(4) Fails to pay all applicable taxes and fees.

(5) Is in default on any civil forfeitures imposed pursuant to section 4923.99 of the Revised Code.

(C) If a for-hire motor carrier's certificate is subject to suspension pursuant to paragraph (B) of this rule, the staff shall serve upon the for-hire motor carrier a notice that its certificate has been suspended and that all intrastate operations must cease immediately. The notice shall indicate the nature of the deficiency prompting the suspension, the means by which the deficiency may be remedied, and instructions regarding the manner in which the respondent may serve a response upon the staff. The notice shall inform the for-hire motor carrier that its certificate shall be subject to revocation if it fails to correct the deficiency within sixty days from the date of the notice.

(D) A for-hire motor carrier upon whom a notice described in paragraph (C) of this rule has been served may serve a response upon the staff within sixty days of service of the notice. The response shall contain a detailed statement indicating why the issuance of the notice may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the notice, and any other information relevant to the issues raised in the notice.

(E) If the response served pursuant to paragraph (D) of this rule demonstrates to the satisfaction of the staff that the deficiency has been remedied, the for-hire motor carrier's certificate shall be reinstated and the staff shall serve upon the for-hire motor carrier a notice indicating that its operations may be resumed. If the staff denies reinstatement of the for-hire motor carrier's certificate, the for-hire motor carrier may file a petition and request for hearing with the commission for reinstatement of its certificate.

(F) A for-hire motor carrier may request that its certificate be temporarily suspended by serving such request upon the staff. The request must indicate the effective date of the suspension. Upon receipt of the request, the staff shall serve upon the for-hire motor carrier a notice that its certificate has been suspended per its request and that all intrastate operations must cease as of the effective date of the suspension. The notice shall inform the for-hire motor carrier that the suspension shall be for no longer than one hundred eighty days from the effective date of the suspension and that its certificate shall be subject to revocation if the for-hire motor carrier does not serve upon staff, prior to the expiration of the one hundred eighty day period, a request to have its certificate reinstated.

(G) Upon receipt of a request from a for-hire motor carrier to reinstate its certificate suspended pursuant to paragraph (F) of this rule, the staff shall serve upon the for-hire motor carrier a notice indicating that its operations may be resumed.

(H) If a for-hire motor carrier that has had its certificate suspended pursuant to this rule fails to take the required action to have its certificate reinstated, the commission may revoke its certificate pursuant to the provisions of rule 4901-5-03 of the Administrative Code.

Replaces: 4901:2-21-07

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.07
Rule Amplifies: 4921.07
Prior Effective Dates: 4/13/95, 7/3/03, 10/7/11

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

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
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: 7/15/99, 10/7/11

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

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
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: 10/7/11