4901:2-5-13 Inspection program.

(A) For the purpose of enforcing the provisions of Chapters 4901:2-1, 4901:2-3, 4901:2-15, and 4901:2-17 of the Administrative Code, and Chapters 4919., 4921., and 4923. of the Revised Code, authorized employees of the commission's transportation department may:

(1) Enter the premises and motor vehicles of any offeror or motor carrier to inspect documents required by the rules and statutes listed in paragraph (A) of this rule, and inspect motor vehicles, including cargo, operating under the rules and statutes in paragraph (A) of this rule.

(2) Enter the premises and motor vehicles of any offeror or motor carrier to interview employees of the offeror or motor carrier.

(B) Documents, motor vehicles, cargo, and employees are subject to inspection or interview when required by or operated under the rules and statutes listed in paragraph (A) of this rule, and when located:

(1) On premises owned or controlled by an offeror or motor carrier.

(2) Upon any public roadway, public property, or private property open to the public.

(3) On any other premises if the inspection is conducted with permission of the owner or person in control of the property.

(C) Authorized employees of the commission's transportation department shall utilize the following criteria in determining which documents, motor vehicles, and cargo to inspect and which employees of an offeror or motor carrier to interview:

(1) Complaints received and processed by the commission's transportation department headquarters staff and issued to field employees.

(2) Observed possible violations of any rules and statutes listed in paragraph (A) of this rule.

(3) Knowledge that the motor vehicle was recently inspected and had serious safety defects at the time of inspection.

(4) Motor vehicles, motor carriers, and offerors designated by the headquarters staff of the commission's transportation department as "special interest".

(5) Any uniform statistical selection procedure, such as every fifth motor vehicle or every motor vehicle entering an inspection site.

(6) Any inspection selection system developed by the federal highway administration and utilizing a carrier or driver's safety performance record as a factor.

(D) The content and extent of inspections may include but not be limited to examination of the employee's age (if employee is a driver), license to operate the motor vehicle, physical condition (drug or alcohol influence, illness, fatigue), medical examiner's certificate or medical examiner's provisional certificate, record of duty status and hours of service, and possession of controlled substances or alcohol, passenger authorization, vehicle inspection reports, seat belt, brake system, steering mechanism, wheels, tires, coupling devices, suspension, frame, fuel system, exhaust system, windshield and windshield wipers, lighting devices, safety devices, electrical system; cargo securement and authorization; hazardous materials requirements; and any other component, equipment, or device covered by the rules and statutes listed in paragraph (A) of this rule.

(E) When inspecting documents, motor vehicles, and cargo as provided by this rule, and when interviewing employees of an offeror or motor carrier, employees of the commission's transportation department may enter in and upon any area of a motor vehicle as necessary to complete their duties (except for knowingly entering portions of the cab used exclusively for the personal possessions of the driver), and enter any cargo area or compartment, whether locked, unlocked, sealed, or unsealed.

(F) Offerors and motor carriers shall provide employees of the commission's transportation department with reasonably expeditious access to documents, employees, motor vehicles, and cargo. If cargo areas of motor vehicles are locked or sealed, the offeror or motor carrier shall provide immediate access to the cargo area. When the offeror or motor carrier is unable to provide immediate access to a locked or sealed cargo area, the commission employee may use the necessary force to enter the cargo area. Any breakage of a lock or seal shall be annotated on the inspection report. A lock or seal that is broken by a commission employee shall be replaced with a numbered seal.

(G) Employees of the state highway patrol designated by the superintendent to conduct inspections under the federal motor carrier safety assistance program shall follow applicable provisions of this rule while conducting motor vehicle inspections under that program.

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, 4923.20
Rule Amplifies: 4919.79 , 4921.04, 4923.03, 4923.20
Prior Effective Dates: 1/20/63, 3/19/87, 10/28/90, 4/25/92, 11/18/93, 5/5/00