4901:2-5-07 Out-of-service vehicles and drivers.

(A) Authorized employees of the commission's transportation department, and employees of the state highway patrol designated by the superintendent to conduct commercial vehicle inspections, may declare "out-of-service":

(1) Any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or breakdown.

(2) Any motor vehicle which is being operated in violation of 49 C.F.R. 171 to 49 C.F.R. 180, 49 C.F.R. 383 or 49 C.F.R. 387, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, to such an extent that information regarding the presence of hazardous materials is inadequate for use of emergency responders in providing protection to the public.

(3) Any driver who meets the "out-of-service" criteria set forth in 49 C.F.R. 392.5 or 49 C.F.R. 395.13 , as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, or is not properly licensed to operate a motor vehicle as required by section 4507.02 of the Revised Code.

(B) In determining whether a vehicle or driver shall be placed "out of service," authorized employees of the commission's transportation department and employees of the state highway patrol designated by the superintendent to conduct commercial vehicle inspections shall utilize the North American standard "out-of-service" criteria adopted and disseminated by the U.S. department of transportation.

(C) The following drivers and vehicles shall be considered to be out of service and under an out-of-service order:

(1) Those declared out of service in accordance with paragraph (A) of this rule, or under comparable laws or regulations of another federal, state, Canadian, or Mexican jurisdiction.

(2) Those declared "out of service" by the U.S. department of transportation in accordance with 49 C.F.R. 386.72 , 386.83, 386.84,392.5, 392.9 a,395.13, and 396.9, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, or compatible laws, or the North American standard out-of-service criteria.

(3) Those declared out of service by an "imminent hazard" order issued in accordance with rule 4901:2-5-14 of the Administrative Code.

(D) Vehicles declared "out of service" may be marked with an appropriate sticker, which shall not be removed until the vehicle is no longer out of service. Drivers declared "out of service" shall remain out of service until such time as they are qualified to drive a commercial motor vehicle and meet all conditions established in the law, rule, or out-of-service order upon which their out-of-service status was based.

(E) No motor carrier shall operate or permit the operation of a motor vehicle by a driver who is "out of service" nor shall any driver operate such a vehicle until the period specified in paragraph (C) of this rule has elapsed. No motor carrier shall operate or permit the operation of a motor vehicle nor shall any driver operate a vehicle which is "out of service" except under the following conditions:

(1) The motor vehicle may be towed by an emergency towing vehicle equipped with a crane or hoist.

(2) The motor vehicle may be removed for storage or repair directly to a location approved by authorized employees of the commission's transportation department or employees of the state highway patrol designated by the superintendent to conduct commercial vehicle inspections.

(3) If the vehicle is located beside the traveled portion of highway, or contains hazardous materials and is located in an area where parking of hazardous materials is not permitted, it shall be escorted by authorized employees of the commission's transportation department or employees of the state highway patrol designated by the superintendent to conduct commercial vehicle inspections to the nearest safe location unless that employee determines that it would be less safe to move the vehicle.

(F) Motor carriers shall comply with any additional measures or conditions as directed by the commission's transportation department for the purpose of enforcing this rule.

(G) This rule shall not be interpreted to supersede any more stringent federal requirement adopted by the commission.

Effective: 06/06/2011
R.C. 119.032 review dates: 03/17/2011 and 11/30/2014
Promulgated Under: 111.15
Statutory Authority: 4919.79 , 4921.04, 4923.03
Rule Amplifies: 4923.03, 4923.20
Prior Effective Dates: 3/19/87, 10/28/90, 4/25/92, 11/18/93, 6/25/98, 9/26/03, 9/17/06