(A) Whenever it is determined that a violation of this chapter poses an imminent hazard to safety, the commission may order a carrier to cease all or part of the carrier's commercial motor vehicle operations in this state. In making any such order, no restrictions shall be imposed on any driver or carrier beyond that required to abate the hazard. In this rule, "imminent hazard" means any condition of vehicle, driver, or commercial motor vehicle operations which is likely to result in serious injury or death if not discontinued immediately.
(B) Upon the issuance of an order under this rule, the carrier or driver shall comply immediately with such order. An order to a carrier to cease all or part of its operations shall not prevent vehicles in transit at the time the order is served from proceeding to their immediate destination, unless any such vehicle or driver is specifically ordered out of service forthwith. However, vehicles and drivers proceeding to their immediate destination shall be subject to compliance upon arrival.
(C) For purposes of this rule, the term "immediate destination" is the next scheduled stop of the vehicle already in motion where the cargo on board can be safely secured.
(D) The commission may, prior to issuing an order under this rule, order a carrier to show cause why the commission should not issue an order requiring that a carrier cease all or part of the carrier's commercial motor vehicle operations; or the commission may issue an order under this rule without a prior hearing, provided that the carrier may request a hearing within thirty days after the issuance of such order. The commission shall schedule a hearing requested under this rule no less than seven days and no more than fifteen days following the request for hearing. A hearing under this rule may consist of written stipulations, oral testimony, or such other evidence which is admitted. All hearings shall be conducted in accordance with Chapter 4901:1-11 of the Administrative Code.
119.032 review dates:
Promulgated Under: 111.15
Statutory Authority: 4921.03 , 4923.04 , 4923.03, 4923.20
Rule Amplifies: 4921.03 , 4921.04, 4923.03, 4923.20
Prior Effective Dates: 6/25/98