4901:2-5-01 Definitions, knowledge of rules and regulations required.

(A) "Motor carrier," as used in this chapter, includes all motor transportation companies transporting persons or property as defined in section 4921.02 of the Revised Code, and all private motor carriers or contract carriers by motor vehicle transporting persons or property as defined in section 4923.02 of the Revised Code, and all private motor carriers as defined in section 4923.20 of the Revised Code. "Motor carrier" also includes any and all carriers by motor vehicle operating in Ohio in interstate commerce which are subject to the regulations contained in 49 C.F.R. 171 to 49 C.F.R. 180, 49 C.F.R. 383, or 49 C.F.R. 390 to 49 C.F.R. 397. as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code. Owners and drivers of motor vehicles leased to motor carriers are subject to these rules and regulations during the periods covered by such lease agreements."Motor carrier" includes all officers, agents, representatives, and employees of carriers by motor vehicle responsible for the management, maintenance, operation, or driving of motor vehicles, or the hiring, supervision, training, assigning, or dispatching of drivers of motor vehicles.

(B) "Motor vehicle," as used in this chapter, means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in this state in the transportation of passengers or property, or any combination thereof, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derives from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. Motor vehicle does not include any vehicle operated within Ohio in intrastate commerce by a private motor carrier as defined in section 4923.20 of the Revised Code, which is not a commercial motor vehicle as defined in 49 C.F.R. 383.5 , as effective on March 16, 2011, as amended.

(C) "Offeror" as used in this chapter, means any individual, firm, co-partnership, corporation, company, association or joint-stock association, or trustee, receiver, assignee, or personal representative thereof, who is subject to the regulations contained in 49 C.F.R. 171 to 49 C.F.R. 180, as effective on the date referenced in paragraph (G) of rule 4901:2-5-02 of the Administrative Code, by reason of offering hazardous materials for transportation by motor carrier in, into or through Ohio, or by performing any of the functions assigned to an offeror of hazardous materials by those regulations.

(D) These rules are applicable to transportation in motor vehicles by motor carriers and to offerors of hazardous materials.

(E) Every motor carrier and offeror shall be instructed in, familiar with, and comply with the applicable rules in this chapter.

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

Effective: 06/06/2011
R.C. 119.032 review dates: 03/17/2011 and 11/30/2014
Promulgated Under: 111.15
Statutory Authority: 4905.04 , 4921.04, 4923.03
Rule Amplifies: 4919.79 , 4921.04, 4921.03 , 4923.20
Prior Effective Dates: 1/20/63, 12/25/87, 3/19/87, 12/9/88, 4/25/92, 1/19/95 (Emer.), 3/30/99, 5/5/90, 9/17/06, 10/1/09