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Ohio Laws and Rules
(A) A written or on-line application must be submitted for all permits. The permit application shall be in the form prescribed by the director.
(B) For the purpose of understanding the normal and expected damage caused by continuing permits on the maintenance of the state highway system, the director shall request a permit applicant to disclose the information set forth in paragraph (C) of this rule. The director shall strive to require the minimum amount of information necessary to administer this rule so that it would impose the least burden and cost to the permit applicant.
(C) The applicant shall provide an accurate and complete description of the vehicle and load to be moved and proposed routing thereof. The information shall include all physical dimensions, axle weights and the gross vehicle weight. Inaccurate or otherwise incomplete applications may result in a delay or denial of the issuance of a permit. Failure to propose a specific route on the application or failure of the proposed routing to accommodate the load shall result in the assignment of the best available route as determined by the director. If applying for a continuing permit, the applicant shall provide the estimated number of movements to be made on the continuing permit. The applicant shall provide an interim report, to the director, within forty-five days of the effective date of the permit, certifying the actual number of trips traveled under authority of such permit. Upon the expiration of the permit, the applicant shall submit a final report to the director certifying the total numbers of trips made on the continuing permit. Should a permit be voided, the permittee shall submit a report to the director, certifying the actual number of trips for the time period in which the permit was effective. The certification report shall include the actual gross vehicle weight and number of coils transported for each trip. The certification shall be submitted to the director within seven business days of the permit expiration or void date. Certification reports shall be submitted to the special hauling permits section of the department of transportation.
(D) In accordance with the department's policy regarding common sense business regulation paperwork violations, if an applicant submits an incomplete or untimely certification report, the department shall send a letter to the applicant requesting correction of any errors, inaccuracies or omissions, or shall request submission of a timely report in the future. This letter shall provide the applicant with an opportunity to cure any such error, inaccuracy, or omission within a reasonable amount of time and shall waive any penalty for first time violations. Repeated errors, inaccuracies, or omissions, or failure to submit timely certification reports occurring after receipt of the first correction letter, may be cause for denial of a permit as set forth in paragraphs (H) and (I) of this rule.
In the event that the applicant provides information that it considers to be a trade secret, the department shall not share with, or convey to, any person (including any state employee) or governmental agency any information provided by the applicant, unless disclosure is required by law or the applicant gives prior written approval for such disclosure. The department agrees to keep all the trade secret information it may acquire concerning the applicant's commercial activity in confidence and use that information only in connection with the business purposes of the department. To determine what qualifies as trade secret information, refer to the definition of trade secret in division (D) of section 1333.61 of the Revised Code. Notwithstanding any provision of this rule to the contrary, in the event the department is required to disclose any information the applicant considers a trade secret pursuant to applicable law, prior to disclosing such information, the department shall notify applicant in writing. The department shall use reasonable efforts to give notice of disclosure at least three days in advance of release. At the applicant's request, the department shall return trade secret information to the applicant subject, however, to the record retention requirements imposed on the department by state law. The department shall not be obligated to maintain in confidence any information that is not a trade secret including information that (1) is already known by the state, or (2) is or comes into the public domain through no fault of the state, or (3) is independently developed by the state, or (4) comes to the state from a third party in a manner not in violation of any obligation of confidentiality by such third party to the applicant. State law generally requires that documents which contain both confidential/trade secret and non-confidential information be disclosed with confidential information redacted.
(E) Where filed.
(1) Permit applications may be submitted by completing an on-line application, by mail or in person by the applicant or his agent to the following address:
"Special Hauling Permits Section
Ohio Department of Transportation
1610 West Broad Street
Columbus, Ohio 43223"
(614) 351-2300
(2) Permit applications may be submitted in person to any of the department's twelve field offices for processing by the special hauling permits section in Columbus. The address of each field office is listed in appendix A to this rule.
(3) Alternatively, permit applications may be submitted on-line by accessing the application linked to the "Permits/Special Hauling" link under alphabetical office listings of the Ohio department of transportation's home page on the world wide web at www.dot.state.oh.us.
All permit applications must be signed by the applicant or their duly authorized representative or signed on-line by electronic signature. Permit applicants, or their agent, submitting on-line shall first complete form OS-7 available on-line at www.dot.state.oh.us/permits or in person by contacting the special hauling permit section. Thereafter, the permit applicant, or their agent, is assigned a user name and generic password for that entity. The permit applicant, or their agent, will adapt the generic password by creating a unique password which will serve as the permit applicant's electronic signature.
(4) The number of permits submitted by mail or in person may be limited at the discretion of the director or the director's designee.
(F) Applications for permits must be accompanied by the fees designated in rule 5501:2-1-10 of the Administrative Code, except as provided therein for advanced payments. Applications without accompanying fees may result in delay or denial of the issuance of the permit. Fees are waived for federal, state, local governments, and political subdivisions.
(G) Applications shall be preceded by an insurance policy endorsement in the amounts specified in rule 5501:2-1-10 of the Administrative Code unless a current endorsement is already on file with the special hauling permits section. This requirement is waived for federal, state, local governments and political subdivisions. In no case will a permit be issued for a duration which extends beyond the expiration date of any policy of insurance provided as evidence of financial responsibility. A surety bond in the same amounts may be submitted in lieu of the insurance policy endorsement. The manner and form of submission are as follows:
(1) Such endorsement must be on the form prescribed and furnished by the special hauling permits section to the applicant upon his request. This endorsement may be cancelled without cancelling the policy to which it is attached. Such cancellation may be effected by the insuring agency or the insured giving thirty days' notice in writing to the department, such thirty days' notice to commence to run from the date the notice is actually received in the special hauling permits section. Cancellation of the insurance policy to which the endorsement is attached will be effective as a cancellation of the endorsement and the thirty-day notice requirement must be met.
(2) Such bond must be on the form prescribed and furnished by the special hauling permits section to the applicant upon request. Written confirmation of a bond being executed will be accepted from the surety, pending the receipt of the properly-executed bond form, if the written confirmation is signed by a duly authorized representative of the surety signing in his official capacity. Such bonds are continuous and remain in force until written notice of cancellation is received by the special hauling permits section from the surety. Such cancellation shall take effect thirty days after the notice of cancellation is received.
(H) Prior to the issuance or denial of any permit, the director may schedule a meeting to which the applicant will be invited to present evidence showing cause why the requested permit should be issued. If such a meeting is scheduled, the applicant may be represented by counsel.
(I) The director may issue a permit or may deny the issuance of a permit. If a permit is denied, notice of such denial will be sent by electronic means of transmission to the applicant unless requested otherwise. All rights of appeal for the applicant denied a permit to move overweight and/or over dimension vehicles are described in rule 5501:2-1-12 of the Administrative Code. If a permit is issued, it shall be sent to the applicant or their legal agent by electronic transmission, in person, by first class mail, or as otherwise requested by the applicant.
Effective: 10/16/2008
R.C.
119.032 review dates: 07/09/2008
and 09/01/2013
Promulgated Under:
119.03
Statutory
Authority:
5501.02
Rule
Amplifies:
4513.34
Prior
Effective Dates: 9/1/82, 5/15/83, 9/8/03