4901:2-6-03 Determination of base state.

(A) Each applicant shall determine its base state pursuant to the following priority:

(1) If a motor carrier operates only in a state or states that require the uniform program registration (part I) and uniform program permit (part II) the motor carrier's base state shall be:

(a) The state that is the motor carrier's principal place of business, i.e., where the applicant maintains its central records related to the transportation of hazardous materials, or

(b) If the state that is the motor carrier's principal place of business is not participating in the uniform program, the state that is a participating jurisdiction in which the motor carrier records the most miles traveled based on the percentages reported in the uniform program registration application.

(2) If a motor carrier operates in one or more states that require the uniform program permit, the motor carrier's base state shall be:

(a) The state that is the motor carrier's principal place of business, if such a state is a participating jurisdiction and requires the national permit; or

(b) If the state that is the motor carrier's principal place of business is not a participating jurisdiction or does not require the national permit, the state that is a signatory and requires the national permit in which the motor carrier records the most miles traveled.

(c) If the applicant transports hazardous waste in a state that requires additional information (part III), the applicant should still submit its application to the state identified above regardless of whether it requires part III. That state, if not a part III state, will subcontract with the part III state in which the applicant reports the most miles in the uniform program registration application.

(3) A motor carrier may request that the governing board approve a participating jurisdiction as the base state other than that identified by the method above, if, and only if, the following criteria are satisfied:

(a) Such request is not based on an attempt by the motor carrier to circumvent any requirement of the uniform program or avoid enforcement of the program requirements by its current base state or any other participating jurisdiction;

(b) Approval of the request will improve administration of the uniform program; and

(c) The governing board consults with the jurisdiction that would otherwise be the base state and such jurisdiction concurs with the motor carrier's request.

(B) Each applicant shall register with and apply for a permit from its base state as determined by this rule. If the base state of the applicant is the state of Ohio, the applicant shall register with and apply for a permit from the commission.

Replaces: 4901:2-6-03

Effective: 09/27/2010
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 10/13/1994