Chapter 4901:2-21 Registration of Intrastate Motor Carriers

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

R.C. 119.032 review dates: 03/24/2003 and 11/30/2007

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: 4/13/95

(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,

(C) “Staff” means employees of the transportation department of the commission.

(D) “Terminal” means a facility owned, leased or operated by the registrant where:

(1) Applicant’s motor vehicles are loaded, unloaded or dispatched incidental to transportation;

(2) Applicant’s motor vehicles are cleaned, maintained or inspected;

(3) Applicant’s motor vehicles are fueled or repowered;

(4) Applicant’s stores hazardous materials incidental to transportation; or

(5) Applicant maintains records related to transportation including vehicle maintenance files and hours-of-service records.

(E) “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).

R.C. 119.032 review dates: 03/24/2003 and 11/30/2007

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, 4/13/95, 7/15/99

A carrier shall register with the commission by completing and submitting a registration application form promulgated by the commission, containing the following information:

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

(B) Applicant mailing address;

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

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

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

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

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

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

(I) Interstate commerce commission motor carrier number, if assigned;

(J) Federal taxpayer identification number or social security number, whichever is applicable;

(K) Federal motor carrier census number or the date applied for, if applicable;

(L) The number of years the applicant has been operating as a motor carrier;

(M) The current safety rating issued to the applicant by the United States department of transportation and the date such safety rating was issued;

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

(O) The address and telephone number of all terminals in the state of Ohio owned, leased or operated by the applicant;

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

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

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

(3) A transporter of household goods; or

(4) A transporter of passengers in motor vehicles designed to transport fifteen or more passengers.

(Q) Proof of public liability security, as defined by whether:

(1) The applicant or its insurance company will file a copy of its proof of public liability security with the commission;

(2) The applicant or its insurance company has filed a copy of its proof of public liability security with the commission and the insurance coverage as stated on that form remains in effect; or

(3) The applicant has an approved self-insurance plan with the interstate commerce commission and wishes to self-insure for Ohio, including copies of the “Interstate Commerce Decision Order” approving the plan and the letter establishing the applicant’s activation date.

(R) Verification of compliance with financial responsibility requirements in the transportation of hazardous materials, pursuant to whether:

(1) The applicant will not transport hazardous material in any quantity; or

(2) The applicant will transport hazardous materials in less than placardable quantities in vehicles with a gross vehicle weight rating of less than ten thousand pounds and maintains at least three hundred and fifty thousand dollars liability insurance as required by rule 4901:13-02 of the Administrative Code; or

(3) The applicant will transport placardable quantities of hazardous materials in vehicles with a gross weight rating of less than ten thousand pounds and maintains at least three hundred and fifty thousand dollars liability insurance as required by rule 4901:13-02 of the Administrative Code; or

(4) The applicant will transport hazardous materials requiring one million dollars in public liability and property damage insurance in accordance with 49 C.F.R. 387.9, as effective on March 31, 2003; or

(5) The applicant will transport hazardous material requiring five million dollars in public liability and property damage insurance in accordance with 49 C.F.R. 387.9, as effective on March 31, 2003.

(S) 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, all of the applicant’s drivers subject to 49 C.F.R. 383, as effective on March 31, 2003, have a current, valid commercial driver’s license, including all applicable endorsements for hazardous materials cargo tankers.”

(T) 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, all of the applicant’s drivers subject to 49 C.F.R. 391, as effective on March 31, 2003, have completed medical examinations and meet the medical requirements contained in 49 C.F.R. 391.41, as effective on March 31, 2003, or have a provisional medical certificate issued in accordance with rule 4901:2-5-04 of the Administrative Code.”

(U) 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, the applicant is in compliance with the drug and alcohol testing and employee assistance program requirements as required by 49 C.F.R. 382 and 391, as effective on March 31, 2003.”

(V) 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, all applicant owned and operated vehicles have passed a periodic inspection within the past year in accordance with 49 C.F.R. 397.17, as effective on March 31, 2003.”

(W) 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, all hours of service records required by 49 C.F.R. 395.8 are maintained by the applicant, and are in compliance with the hours of service regulations in 49 C.F.R. 395, as effective on March 31, 2003.”

(X) 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, the applicant properly maintains driver qualification files in accordance with 49 C.F.R. 391.51, as effective on March 31, 2003, for all drivers to which this section applies.”

(Y) 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, the applicant maintains required vehicle maintenance and inspection records in accordance with 49 C.F.R. 396.3, 396.11 and 396.17, as effective on March 31, 2003.”

(Z) 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, the applicant is knowledgeable of, and complies with, all other applicable requirements of the “Federal Motor Carrier Safety Rules” 49 C.F.R. Parts 390 through 399, as effective on March 31, 2003, and the “Hazardous Materials Regulations” Title 49, C.F.R. Parts 171 through 180, as effective on March 31, 2003.”

(AA) 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.

HISTORY: Eff 12-16-94 (Emer.); 4-13-95; 7-15-99; 7-3-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 4921.08, 4921.09, 4921.10, 4921.04, 4921.38

Rule amplifies: RC 4921.08, 4921.09, 4921.10, 4921.38

R.C. 119.032 review dates: 04/08/2003 and 11/30/2007

(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.

(B) Each carrier which holds a certificate of public convenience and necessity shall notify the staff within fifteen days of any change in its safety rating by the U.S. department to transportation.

R.C. 119.032 review dates: 03/24/2003 and 11/30/2007

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

Each carrier shall file a registration application between July first and July fifteenth of each year.

HISTORY: Eff 12-16-94; 4-13-95; 7-3-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 4921.04, 4923.03

Rule amplifies: RC 4921.08, 4921.09, 4921.10, 4923.04, 4923.05

R.C. 119.032 review dates: 04/08/2003 and 11/30/2007

(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: 03/24/2003 and 11/30/2007

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

(A) Following receipt of a completed registration application from a carrier, the staff shall issue a certificate of public convenience and necessity, provided that:

(1) The carrier does not have an unsatisfactory safety rating rate from the U.S. Department of Transportation; and

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

(B) If the applicant has an unsatisfactory safety rating or has not filed proof of public liability security, 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.

HISTORY: Eff 4-13-95; 7-3-03

Rule promulgated under: RC 111.15

Rule authorized by: RC 4921.04, 4923.03

Rule amplifies: RC 4921.08, 4921.09, 4921.10, 4923.04, 4923.05

R.C. 119.032 review dates: 04/15/2003 and 11/30/2007

A carrier transporting household goods shall complete and submit a registration application containing the following information:

(A) Proof of cargo liability insurance coverage, as defined by whether:

(1) The applicant or its insurance company will file a copy of its proof of cargo liability insurance with the commission;

(2) The applicant or its insurance company has filed a copy of its proof of cargo liability insurance with the commission and the insurance coverage as stated on the form remains in effect; or

(3) The applicant has an approved self-insurance plan with the interstate commerce commission and wishes to self-insure for Ohio, including copies of the “interstate commerce decision order” approving the plan and the letter establishing the applicant’s activation date.

(B) Whether the applicant has filed a tariff with the commission, pursuant to rule 4901:2-9-03 of the Administrative Code.

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

(D) 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.”

(E) 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.”

R.C. 119.032 review dates: 03/24/2003 and 11/30/2007

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