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Ohio Laws and Rules
As used in sections 4921.01 to 4921.32, inclusive, of the Revised Code:
(A) “Public utility” has the meaning set forth in section 4905.02 of the Revised Code.
(B) “Telegraph company,” “telephone company,” “electric light company,” “gas company,” “natural gas company,” “pipe-line company,” “water-works company,” “sewage disposal system company,” “heating or cooling company,” “messenger company,” “street railway company,” “suburban railroad company,” “interurban railroad company,” and “motor-propelled vehicle” have the meaning set forth in section 4905.03 of the Revised Code.
(C) “Railroad” has the meaning set forth in section 4907.02 of the Revised Code.
(D) “Motor transportation company” has the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) “Private motor carrier,” “contract carrier by motor vehicle,” “motor vehicle,” and “charter party trip” have the meaning set forth in section 4923.02 of the Revised Code.
Effective Date: 09-19-1961
As used in sections 4921.01 to 4921.32 of the Revised Code:
(A) “Motor transportation company,” or “common carrier by motor vehicle,” includes every corporation, company, association, joint-stock association, person, firm, or copartnership, and their lessees, legal or personal representatives, trustees, and receivers or trustees appointed by any court, when engaged or proposing to engage in the business of transporting persons or property, or the business of providing or furnishing such transportation service, for hire, whether directly or by lease or other arrangement, for the public in general, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state. All laws regulating the business of motor transportation, their context notwithstanding, apply to such motor transportation company or common carrier by motor vehicle. “Motor transportation company,” as so used, does not include any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated:
(1) Engaged or proposing to engage as a private motor carrier as defined by section 4923.02 of the Revised Code;
(2) Insofar as they own, control, operate, or manage motor vehicles used for the transportation of property, operated exclusively within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporation;
(3) Insofar as they are engaged in the transportation of persons in taxicabs in the usual taxicab service;
(4) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events;
(5) Engaged in the transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;
(6) Engaged in the distribution of newspapers;
(7) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;
(8) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance;
(9) Engaged in the transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;
(10) Engaged in the transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person’s share of the costs of operating the motor vehicle for such purpose.
(B) “Trailer” means any vehicle without motive power designed or used for carrying property or persons and for being drawn by a separate motor-propelled vehicle, including any vehicle of the trailer type, whether designed or used for carrying property or persons wholly on its own structure, or so designed or used that a part of its own weight or the weight of its load rests upon and is carried by such motor-propelled vehicle.
(C) “Public highway” means any public street, road, or highway in this state, whether within or without the corporate limits of a municipal corporation.
(D) “Fixed termini” refers to the points between which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.
(E) “Regular route” refers to that portion of the public highway over which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.
(F) “Irregular route” refers to that portion of the public highway over which is conducted or provided any other operation of any motor vehicle by a motor transportation company transporting property.
(G) “Ridesharing arrangement” means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools.
Whether or not any motor-propelled vehicle is operated or such transportation service is provided or furnished by such motor transportation company, between fixed termini or over a regular route, or over an irregular route, or whether or not a corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, trustees, or receivers or trustees appointed by any court, is engaged as a motor transportation company, are questions of fact. The finding of the public utilities commission on such questions is a final order which may be reviewed as provided in section 4921.17 of the Revised Code. The commission has jurisdiction to receive, hear, and determine such questions upon complaint of any party, or upon its own motion, upon not less than fifteen days’ notice of the time and place of such hearing and of the matter to be heard.
Effective Date: 09-01-2000
The policy of this state is to:
(A) Regulate transportation by common and contract carriers by motor vehicle in such manner as to recognize and preserve the inherent advantages of, and foster sound economic conditions in, such transportation and among such carriers in the public interest;
(B) Promote adequate, economical, and efficient service by such motor carriers, and reasonable charges therefor, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices;
(C) Improve the relations between, and co-ordinate transportation by and regulation of, such motor carriers and other carriers;
(D) Develop and preserve a highway transportation system properly adapted to the needs of commerce and the state;
(E) Co-operate with the federal government and the several states, and the authorized officials thereof, and with any organization of motor carriers in the administration and enforcement of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4905. of the Revised Code.
Effective Date: 10-01-1953
The public utilities commission shall:
(A) Supervise and regulate each motor transportation company;
(B) Fix, alter, and regulate rates;
(C) Regulate the service and safety of operation of each motor transportation company;
(D) Prescribe safety rules and designate stops for service and safety on established routes;
(E) Prescribe safety rules applicable to the transportation and offering for transportation of hazardous materials in intrastate commerce within this state by motor transportation companies. The rules shall be consistent with, and equivalent in scope, coverage, and content to, the “Hazardous Materials Transportation Act,” 88 Stat. 2156 (1975), 49 U.S.C. 1801, as amended, and regulations adopted under it. No person shall violate a rule adopted under this division or any order of the commission issued to secure compliance with any such rule.
(F) Require the filing of annual and other reports and of other data by motor transportation companies;
(G) Provide uniform accounting systems;
(H) Supervise and regulate motor transportation companies in all other matters affecting the relationship between such companies and the public to the exclusion of all local authorities, except as provided in this section and section 4921.05 of the Revised Code.
The commission, in the exercise of the jurisdiction conferred upon it by this chapter and Chapters 4901., 4903., 4905., 4907., 4909., and 4923. of the Revised Code, may prescribe rules affecting motor transportation companies, notwithstanding the provisions of any ordinance, resolution, license, or permit enacted, adopted, or granted by any township, municipal corporation, municipal corporation and county, or county. In case of conflict between any such ordinance, resolution, license, or permit, the order or rule of the commission shall prevail.
Local subdivisions may make reasonable local police rules within their respective boundaries not inconsistent with those chapters and rules adopted under them.
Effective Date: 09-17-1991
No motor transportation company operating under a certificate of convenience and necessity shall carry persons whose complete ride is wholly within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to it, except with the consent of such municipal corporations.
Effective Date: 10-01-1953
Any motor transportation company owning two or more certificates may file, under section 4921.04 of the Revised Code, a combined report in lieu of separate reports under each such certificate.
Effective Date: 10-01-1953
Except as provided in section 4921.02 of the Revised Code, no corporation or person, their lessees, trustees, or receivers or trustees appointed by any court, shall operate any automobile, jitney, bus, truck, stage, auto stage, or rent-for-hire car for the transportation of persons or property, for compensation, over any public street, road, or highway in this state between fixed termini or over a regular or irregular route, over which any motor transportation company is operating under a certificate of convenience and necessity issued by the public utilities commission, until such corporation or person, their lessees, trustees, or receivers or trustees appointed by any court have secured a certificate of public convenience and necessity or permission from the commission to so operate, and then only in strict accordance with such rules as the commission prescribes for such operation.
Effective Date: 10-01-1953
The public utilities commission shall adopt rules prescribing the manner and form in which motor transportation companies shall apply for a certificate of public convenience and necessity, among which shall be a rule that applications shall be made in writing on the blanks furnished by the commission and shall:
(A) Show the principal office or place of business of such motor transportation company;
(B) Contain full information concerning the physical property used or to be used by the applicant;
(C) Show the complete route over which the applicant operates or desires to operate, including the number of miles of said route in each municipal corporation and county, if such operation is between fixed termini or over a regular route;
(D) Show the proposed time or service schedule of the applicant if operating or proposing to operate between fixed termini or over a regular route;
(E) Contain the schedule or tariff showing the rates to be charged between the several points if operating or proposing to operate between fixed termini or over a regular route;
(F) Contain the proposed tariff schedule showing the rates to be charged if operating or proposing to operate motor vehicles over an irregular route.
Effective Date: 10-01-1953
An application for an original certificate of public convenience and necessity, or for an amendment of the route authorized under such a certificate in case of a regular route, shall contain a map showing the highways and public places upon and over which the motor transportation company is to operate.
The applicant for a certificate, or for an amendment of the route authorized by such a certificate, when intrastate operations are proposed, shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the day set for hearing such application, in a newspaper of general circulation published at the county seat of the county in this state in which the principal place of business of the applicant is located, or if no place of business of the applicant is located in this state, then in a newspaper of general circulation published at the county seat of Franklin county. Such published notice for a regular route shall state the fact that such application has been made, the route proposed to be operated, the number of motor vehicles to be used, the number of trips to be made daily for the transportation of persons, whether daily or other service for the transportation of property is to be furnished, and the name and address of the applicant. Such published notice for an irregular route shall state the fact that such application has been made, the location of the places of business from and to which the applicant proposes to operate, the number of motor vehicles to be used, the nature of the service to be rendered, and the name and address of the applicant.
Upon application for a certificate when intrastate operations are proposed, the public utilities commission shall give written notice of the filing of such application to all like motor transportation companies operating between fixed termini or over a regular route, street railways, interurban railroads, and railroads operating in this state, and upon application for a certificate to operate over an irregular route when intrastate operations are proposed, the commission shall give additional written notice of the filing of such application to all motor transportation companies holding irregular route certificates at the same location proposed by the applicant.
The commission shall, after the filing of any such application, fix a date for hearing upon it. When a date for the hearing of an application for a certificate to operate between fixed termini or over a regular route is fixed, the commission shall give the applicant, all other like motor transportation companies operating between fixed termini or over a regular route, street railways, interurban railroads, and railroads operating in this state at least ten days’ notice of such hearing. When a date for the hearing of an application for a certificate to operate over an irregular route is fixed, the commission shall give the applicant, all motor transportation companies holding irregular route certificates from and to the same location proposed by the applicant, and all motor transportation companies operating over regular routes, street railways, interurban railroads, and railroads operating in this state, at least ten days’ notice of such hearing. Such notices by the commission of applications or of hearings on applications may be given collectively or individually, and biweekly, weekly, or daily as it deems proper. The commission may permit the correction, amendment, modification, or alteration of any such application at or before the hearing on it when, in its opinion, the application and notice are in substantial compliance with the law. Otherwise, it shall direct the filing of a new application or the giving of a new notice, or both.
An applicant for authority to abandon all motor vehicle operation on a regular route or any portion of a regular route shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the day set for the hearing of such application in a newspaper of general circulation published at the county seat of each county in or through which the regular route or portion proposed to be abandoned runs or extends, which notice shall describe such regular route or portion by the highways and termini or waypoints upon and between which all motor vehicle operation is to be discontinued by such applicant.
Effective Date: 10-01-1953
No motor transportation company shall commence its operation as such in this state without obtaining from the public utilities commission a certificate declaring that public convenience and necessity require such operation.
The commission may, after notice and hearing, when the applicant requests a certificate to serve in a territory already served by a motor transportation company holding a certificate of public convenience and necessity from the commission, grant a certificate only when the existing motor transportation company or companies serving such territory do not provide the service required or the particular kind of equipment necessary to furnish such service to the satisfaction of the commission. In all other cases, with or without hearing, the commission may issue or refuse to issue such certificates as prayed for, issue them for the partial exercise only of the privileges sought, or issue them for the use of certain kinds of equipment and for the handling of certain kinds of material or merchandise over such routes. The commission may attach such conditions to the exercise of the rights granted by such certificates as, in its judgment, the public convenience and necessity require.
Before granting any certificate the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. If it appears from the evidence that the service furnished by existing transportation facilities is reasonably adequate, the commission shall not grant such certificate.
The commission may, for good cause, and upon at least fifteen days’ notice to the grantee of any certificate and after granting an opportunity to be heard, revoke, alter, or amend any certificate issued under sections 4921.02 to 4921.32 of the Revised Code.
On a finding of the commission that any motor transportation company does not give convenient and necessary service in accordance with the order of such commission, such motor transportation company shall be given a reasonable time, not less than sixty days, to provide such service before any existing certificate is cancelled.
Effective Date: 09-01-1976
(A) Notwithstanding any other provision contained in Title XLIX [49] of the Revised Code with respect to the issuance of a certificate of public convenience and necessity, the public utilities commission shall grant a certificate of public convenience and necessity to any person who, pursuant to rules adopted by the commission, files a registration application to transport passengers, for hire, within this state if such person meets the applicable insurance, service, and safety rules of the public utilities commission.
A person who is granted a certificate to transport passengers, for hire, within this state under this section is subject to, and shall operate in compliance with, all other provisions of law applicable to motor transportation companies that hold certificates of public convenience and necessity.
(B) Notwithstanding any other provision contained in Title XLIX [49] of the Revised Code, the commission shall have no power to fix, alter, or establish rates for the transportation of passengers, for hire, within this state, nor shall the commission have the power to require or accept the filing of tariffs establishing such rates.
(C) Notwithstanding any other provision contained in Title XLIX [49] of the Revised Code, a person holding a certificate of convenience and necessity for the transportation of passengers who has established regular route bus service may discontinue all or a portion of its regular routes, by filing a written notice with the commission thirty days prior to discontinuing such regular bus service, and within ten days after filing the notice with the commission, by publishing the notice once a day for three different days in a newspaper of general circulation published in the county seat of each county to which the service extends.
(D) The commission, by rule, may establish standards for the consumer protection of passengers transported by persons holding a certificate of public convenience and necessity issued under this section.
(E) For purposes of this section, “person” means persons engaged in charter bus transportation, including charter party trips as defined in section 4923.02 of the Revised Code. “Person” also includes a “motor transportation company” as defined in section 4921.02 of the Revised Code and a “private motor carrier” as defined in section 4923.02 of the Revised Code.
Effective Date: 09-01-2000
(A) As used in this section, “motor transportation company” has the same meaning as in section 4921.35 of the Revised Code.
(B) No certificate of public convenience and necessity shall be issued by the public utilities commission to any motor transportation company until it has filed with the commission a liability insurance certificate, policy, or bond satisfactory to the commission, in such sum and with such provisions as the commission deems necessary adequately to protect the interests of the public, having due regard for the number of persons and amount of property affected. Such liability insurance certificate, policy, or bond shall insure such company against loss sustained by reason of the death of or injuries to persons and for loss of or damage to property resulting from the negligence of such company.
(C) No such certificate of public convenience and necessity shall be issued to a company until it has filed with the commission a freight cargo insurance certificate, policy, or bond that the commission has determined to be adequate to protect the interests of the shipping public. Such freight cargo insurance certificate, policy, or bond shall insure such company against all loss, in excess of one thousand dollars and within the limits fixed in such certificate, policy, or bond, sustained by reason of any loss or damage to the property being transported.
(D) A certificate, policy, or bond required by this section shall provide that ten days’ notice in writing shall be given to the commission of intention to cancel such insurance certificate, policy, or bond.
If a certificate, policy, or bond is canceled during its term or lapses for any reason, the commission shall require the company to replace it with another certificate, policy, or bond fully complying with the requirements of this section. In default of such replacement, all operations under the certificate of public convenience and necessity shall cease immediately, and further operations shall not be conducted without the specific approval of the commission, which may be given after the motor transportation company has complied with this section. The commission shall not reinstate a certificate of public convenience and necessity until a satisfactory insurance certificate, policy, or bond has been filed.
(E) To ensure minimum standards of protection of the consumer’s household goods, the commission may adopt rules governing requirements for cargo insurance for motor transportation companies engaged, for hire, in the business of transporting household goods over a public highway in this state. As used in this division, “household goods” has the same meaning as in section 4921.35 of the Revised Code.
Effective Date: 09-30-1998
On a finding of the public utilities commission that any motor transportation company over an irregular route does not give adequate service, such company shall in like manner as provided in section 4921.10 of the Revised Code, be given a reasonable time, not less than sixty days, in which to provide such service before any existing certificate is canceled.
Effective Date: 09-01-1976
Upon the death of a person operating as a motor transportation company under a certificate of public convenience and necessity, his personal representative may operate under such certificate while such certificate remains in force and, with the consent of the public utilities commission, may transfer such certificate.
Upon the dissolution of a partnership operating as a motor transportation company under a certificate of public convenience and necessity, caused by death or otherwise, if the surviving or remaining partners acquire the assets of the partnership, the partners so acquiring such assets may continue to operate under such certificate while it remains in force, and, with the consent of the commission, may transfer such certificate. Where such dissolution is caused by death, if the surviving partners do not acquire the assets of the partnership, then such surviving partners and the personal representative of the deceased partner may transfer such certificate with the consent of the commission. A receiver or trustee of a motor transportation company appointed by any court of competent jurisdiction may operate under any certificate held by such motor transportation company while such certificate remains in force, and, with the consent of the commission, may transfer such certificate.
In all other cases, a certificate of public convenience and necessity may be transferred with the consent of the commission after a public hearing.
Applications for the transfer of certificates under this section shall be made in writing and shall be in such form as the commission requires. The applicants shall give notice of the filing of such application by publication made once a week for three consecutive weeks prior to the date set for the hearing of such application in a newspaper of general circulation published at the county seat of the county in which is located the principal place of business of the applicant, or in a newspaper of general circulation published at the county seat of Franklin county when no principal place of business of the applicant is located in this state. The commission shall fix a date for the hearing of such application and shall give the applicant at least ten days’ written notice of such hearing.
Effective Date: 10-25-1961
No motor transportation company shall operate in this state on any route other than the route provided for in the certificate granted by the public utilities commission. No motor transportation company shall fail to operate on the whole of the route in the manner and at the time specified in the certificate, except in case of emergency due to the act of God, to unavoidable accident or casualty, or to the route becoming impassable, or in case it becomes necessary to make temporary detours. No motor transportation company shall neglect or refuse to comply with and obey any and all regulations and orders of the commission and other statutory laws and regulations of this state governing and applying to such motor vehicles. Sections 4921.02 to 4921.32, inclusive, of the Revised Code do not prohibit a motor transportation company, not operating between fixed termini, from making casual trips over routes established under such sections.
Effective Date: 10-01-1953
The public utilities commission may keep and publish, in such form and showing such rights as it deems necessary and convenient in the administration of Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, a special record of certificates and permits issued by it. Copies of such publication, record, supplements to it, and revisions of it shall be furnished to its investigators, and to other state employees and officers, for official purposes, and may also be furnished to such other persons and at such price as the commission determines. Any revenue so collected shall be paid to the treasurer of state, to the credit of the motor transportation administration fund for use as provided under section 4921.21 of the Revised Code.
Effective Date: 10-01-1953
Any motor transportation company may, at any time after a certificate of public convenience and necessity is granted or refused, file a new application or supplement any former application for the purpose of changing, extending, or shortening the route, or doing any other thing not otherwise specifically provided for which the applicant might be permitted to do under the general statutory laws and regulations of this state.
Effective Date: 10-01-1953
Proceedings of the public utilities commission for the assessment of forfeitures for violations of division (F) of section 4905.80 or division (B) of section 4905.81 of the Revised Code or for violations of rules adopted under division (D) or (E) of section 4921.04 of the Revised Code applicable to the transportation or offering for transportation of hazardous materials and appeals from orders of the commission assessing such forfeitures, and from orders of the commission to secure compliance with rules adopted under section 4905.80, section 4905.81, and division (D) or (E) of section 4921.04 of the Revised Code applicable to the transportation or offering for transportation of hazardous materials, are subject to and governed by section 4905.83 of the Revised Code. In all other respects in which the commission has power or authority under sections 4905.02, 4905.03, and 4921.02 to 4921.32 of the Revised Code, applications and complaints may be made and filed with the commission, processes issued, hearings held, opinions, orders, and decisions made and filed, petitions for rehearings filed and acted upon, and all proceedings before the supreme court of this state considered and disposed of by that court in the manner, under the conditions, subject to the limitations, and with the effect specified in the sections of the Revised Code governing the supervision of other public utilities by the commission.
Effective Date: 07-22-1994
(A) Every motor transportation company or common carrier by motor vehicle operating in this state shall, at the time of the issuance of a certificate of public convenience and necessity to it and annually thereafter on or between the first and the fifteenth days of July of each year, pay to the public utilities commission, for and on behalf of the treasurer of state, the following taxes:
(1) For each motor-propelled or motor-drawn vehicle used for transporting persons, thirty dollars;
(2) For each commercial tractor, as defined in section 4501.01 of the Revised Code, used for transporting property, thirty dollars;
(3) For each motor truck transporting property, twenty dollars.
(B) A trailer used by a motor transportation company or common carrier by motor vehicle shall not be taxed under this section.
(C) The annual tax levied by this section does not apply in those cases where the commission finds that the movement of agricultural commodities or foodstuffs produced therefrom requires a temporary and seasonal use of vehicular equipment for a period of not more than ninety days. In such event the tax on such vehicular equipment shall be twenty-five per cent of the annual tax levied by this section. If any vehicular equipment is used in excess of such ninety-day period the annual tax levied by this section shall be paid.
(D) Any motor-propelled or motor-drawn vehicle used for transporting persons, commercial tractor as defined in section 4501.01 of the Revised Code, or motor truck used for the transportation of property, with respect to which the tax imposed by this section has been paid, may be used by another motor transportation company or common carrier, or by a private motor carrier or contract carrier, without further payment of the tax imposed by this section or by section 4923.11 of the Revised Code.
(E) The commission shall account for the taxes collected pursuant to this section, and shall pay such taxes to the treasurer of state pursuant to section 4923.12 of the Revised Code on or before the fifteenth day of each month for the taxes collected in each preceding month.
(F) All taxes levied upon the issuance of a certificate to any motor transportation company or common carrier by motor vehicle shall be reckoned as from the beginning of the quarter in which such certificate is issued or the use of equipment under any existing certificate began.
Effective Date: 09-05-2001
When any motor transportation company holds a certificate for operation between fixed termini or over a regular route and also holds a certificate for operation over an irregular route, such company may operate over such irregular route and in such irregular service any motor-propelled vehicle upon which the tax for operation has been paid as required by sections 4921.02 to 4921.32, inclusive, of the Revised Code.
Effective Date: 10-01-1953
A city transit company engaged principally in the transportation of persons within the territorial limits of a municipal corporation, or within municipal corporations contiguous to each other, which becomes a motor transportation company under sections 4921.02 to 4921.32, inclusive, of the Revised Code, by reason of extensions of its operations outside such municipal corporations, which transportation is incidental to and operated in connection with such municipal transportation service, may, as to any motor-propelled vehicle used in such incidental service upon which the tax imposed by section 4921.18 of the Revised Code has been paid, substitute therefor, or replace the same with, a motor-propelled vehicle seating the same or a less number of passengers without payment of an additional tax upon such vehicle during the current tax year. As used in this section, “city transit company” does not include a taxicab company or private motor carrier as defined in section 4923.02 of the Revised Code.
Effective Date: 10-01-1953
Effective Date: 11-15-1981
Effective Date: 07-01-1962
After a certificate of public convenience and necessity has been granted to a motor transportation company, and time, service, and rate schedules have been filed with the public utilities commission in accordance with law and the rules and regulations of the commission, such rate schedules, including schedules of joint rates, and any changes in such rate schedules, shall be governed by the laws of this state applicable to such schedules by railroads. Changes in such time or service schedules and in classification shall be made by filing new time or service schedules or classifications in the manner provided for the filing of rate schedules by railroads.
Effective Date: 10-01-1953
A city transit company engaged principally in the transportation of persons within the territorial limits of a municipal corporation, or within municipal corporations contiguous to each other, which becomes a motor transportation company under sections 4921.02 to 4921.32, inclusive, of the Revised Code, by reason of extensions of its operations outside such municipal corporations, which transportation is incidental to and operated in connection with such municipal transportation service, shall not be required to file changes in time or service schedules as provided in section 4921.23 of the Revised Code. As used in this section, “city transit company” does not include a taxicab company or private motor carrier as defined in section 4923.02 of the Revised Code.
Effective Date: 10-01-1953
The fees and charges provided under section 4921.18 of the Revised Code shall be in addition to taxes, fees, and charges fixed and exacted by other sections of the Revised Code, except the assessments required by section 4905.10 of the Revised Code, but all fees, license fees, annual payments, license taxes, or taxes or other money exactions, except the general property tax, assessed, charged, fixed, or exacted by local authorities such as municipal corporations, townships, counties, or other local boards, or the officers of such subdivisions are illegal and, are superseded by sections 4503.04, 4905.03, and 4921.02 to 4921.32, inclusive, of the Revised Code. On compliance by such motor transportation company with sections 4503.04, 4905.03, and 4921.02 to 4921.32, inclusive, of the Revised Code, all local ordinances, resolutions, by laws, and rules in force shall cease to be operative as to such company, except that such local subdivisions may make reasonable local police regulations within their respective boundaries not inconsistent with such sections.
Effective Date: 10-01-1953
Where industrial plants or other enterprises are located in a district which is outside but commercially a part of any municipal corporation, the public utilities commission, on its own motion or on petition of any interested common carrier by motor vehicle or shipper, may, after investigation, notice, and hearing, determine and fix the limits of a zone surrounding such municipal corporation, and may include in such zone any adjacent territory, incorporated or unincorporated, which it finds commercially a part of such municipal corporation. Upon and after the effective date of an order establishing any such commercial zone, all common carriers by motor vehicle transporting property over regular or irregular routes and authorized to serve such municipal corporation as a point of origin and destination of shipments shall, by virtue of and in accordance with such order, serve such commercial zone in the same manner and to the same extent as they are authorized by their respective certificates to serve such municipal corporation. The commission may attach such conditions to any such order as, in its judgment, the public convenience and necessity requires. The commission shall give to all such common carriers so authorized to serve such municipal corporation at least ten days’ written notice of the time and place of any hearing had under this section. The commission may prescribe appropriate forms and rules for the administration of this section.
Effective Date: 10-01-1953
Where joint rates have been established by motor transportation companies, and also where routes of any motor transportation company connect with each other, any such company may use and operate, on its own routes, the authorized and tax-paid trailers for the transportation of property or motor vehicles for the transportation of persons, belonging to it or to any other such company for the movement of traffic, without transfer, between any points on the routes of such companies, in accordance with the restrictions of the respective certificates of each such company.
The privileges granted by this section may not be exercised by a motor transportation company operating under the authority of an irregular route certificate until it has filed an application with the public utilities commission and said commission has granted such application. The commission shall grant the privileges applied for except in those cases where there is evidence showing that such granting would be contrary to the public interest. The commission may prescribe reasonable rules and regulations governing such through operation, interchange, and use of trailers for the transportation of property or motor vehicles for the transportation of persons.
Effective Date: 10-01-1953
After a certificate of public convenience and necessity has been granted to a motor transportation company and such company has paid the taxes on the equipment operated or proposed to be operated, any changes made by such motor transportation company in the number of or seating or carrying capacity of motor vehicles operated by such company shall be made in the manner prescribed by the public utilities commission and upon the payment of any additional taxes which may be due on such equipment. Sections 4921.08, 4921.09, 4921.10, and 4921.16 of the Revised Code do not apply to such change.
Effective Date: 10-01-1953
Effective Date: 07-01-1989
Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, that is engaged in the towing of motor vehicles is subject to regulation by the public utilities commission as a for-hire motor carrier under this chapter. Such an entity is not subject to any ordinance, rule, or resolution of a municipal corporation, county, or township that provides for the licensing, registering, or regulation of entities that tow motor vehicles.
Effective Date: 03-31-2003
No motor transportation company, or its lessees, trustees, or receivers or trustees appointed by any court shall operate any motor-propelled vehicle for the transportation of persons or property or both for hire on any public highway in this state except in accordance with Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code.
Effective Date: 10-01-1953
No motor transportation company, officer, agent, or employee of a motor transportation company, or other corporation, company, association, joint-stock association, person, firm, or copartnership, shall violate, or procure, aid, or abet the violation of sections 4921.02 to 4921.32, inclusive, of the Revised Code, or fail to comply with any order, decision, rule, or regulation of the public utilities commission, or procure, aid, or abet any motor transportation company in its failure to comply with such order, decision, rule, or regulation. Information of a conviction of a violation of this section shall be reported to the commission by the clerk of the court in which such conviction was obtained or, if there is no clerk, by the presiding officer of the court. Such report shall be made a part of the records of the commission relating to such motor transportation company.
Effective Date: 10-25-1961
As used in sections 4921.35 to 4921.40 of the Revised Code:
(A) “Household goods” means personal effects and property used or to be used in a dwelling, excluding property moving from a factory or store.
(B) “Motor transportation company” has the same meaning as in section 4921.02 of the Revised Code, except that it includes any person otherwise exempted under division (A)(2) of that section that is engaged, for hire, in the business of transporting household goods over a public highway in this state.
(C) “Person” has the same meaning as in section 1.59 of the Revised Code.
Effective Date: 09-30-1998
Except as otherwise provided in sections 4921.35 to 4921.40 of the Revised Code, a motor transportation company engaged, for hire, in the business of transporting household goods over a public highway in this state:
(A) Is subject to sections 4921.01 to 4921.32 of the Revised Code and to all other provisions of the Revised Code applicable to a motor transportation company that is subject to sections 4921.01 to 4921.32 of the Revised Code, including sections 4506.22, 4511.78, 5502.01, 5503.02, and 5503.34 of the Revised Code;
(B) Is not a public utility as defined in section 4911.02 of the Revised Code.
Effective Date: 09-30-1998
Notwithstanding any provision of this chapter or Chapters 4901. to 4909. and 4923. of the Revised Code to the contrary:
(A) Not later than six months after the effective date of this section, the public utilities commission, in accordance with sections 4921.35 to 4921.40 of the Revised Code, shall establish by order a certification system for motor transportation companies engaged, for hire, in the business of transporting household goods over a public highway in this state.
(B) Beginning on the effective date of the order of the commission as initially issued under division (A) of this section, no motor transportation company shall engage, for hire, in the business of transporting household goods over a public highway in this state without first holding a valid certificate issued by the public utilities commission pursuant to sections 4921.35 to 4921.40 of the Revised Code.
(C) No motor transportation company engaged, for hire, in the business of transporting household goods over a public highway in this state shall fail to comply with this section or the order of the commission issued under this section.
Effective Date: 09-30-1998
(A) The public utilities commission shall approve an application for a certificate under sections 4921.35 to 4921.40 of the Revised Code and shall issue a certificate, provided the applicant submits to the commission a completed application, on a form prescribed by the commission, that is substantially the same as the application prescribed by the commission pursuant to sections 4921.08 and 4921.09 of the Revised Code, and includes a certification of all of the following by responsible officials of the applicant:
(1) The applicant’s workers’ compensation coverage is current pursuant to Chapter 4123. of the Revised Code.
(2) The applicant’s unemployment compensation coverage is current pursuant to Chapter 4141. of the Revised Code.
(3) The applicant’s financial responsibility relating to cargo insurance requirements is in accordance with rules adopted by the commission under section 4921.11 of the Revised Code.
(B) The commission shall not approve any application that does not contain the proper certifications required by this section. The commission may revoke a certificate issued under division (A) of this section if, after at least fifteen days’ advance notice to the certificate holder of the basis for such action and providing the holder with an opportunity for a hearing, the commission finds that the holder is not in compliance with this chapter, or rules adopted or orders issued thereunder.
A certificate issued under division (A) of this section is valid for one year and is renewable annually.
(C) The application fee for a certificate issued under this section shall be based on the certificate holder’s gross revenue, in the prior year, for the intrastate transportation of household goods. The commission shall establish, by order, ranges of gross revenue and the fee for each range. The fees established by the commission under this division shall be credited to the public utilities fund and shall be used for the purposes of administering and enforcing sections 4921.35 to 4921.40 of the Revised Code.
The application fee shall be established so that the total fees collected in fiscal year 1999 are no greater than one hundred twenty-five thousand dollars. The application fee shall be established so that the total fees collected for any other fiscal year are approximately the same as the appropriations made for that fiscal year for the administration of sections 4921.35 to 4921.40 of the Revised Code. In the event that the total fees collected for a fiscal year exceed such appropriations, the excess shall be used to reduce the amount of the fees that would otherwise be established pursuant to this section for the next fiscal year.
Effective Date: 09-30-1998
(A) Each holder of a certificate issued under sections 4921.35 to 4921.40 of the Revised Code shall do all of the following:
(1) Make its current certificate available for public inspection during normal business hours;
(2) Present each of its customers with information, written in plain and clear language and pursuant to a form prescribed by the commission, outlining a consumer’s rights;
(3) Include its certificate number on all advertising, written estimates, and contracts, pursuant to rules adopted by the commission.
(B) No motor transportation company engaged, for hire, in the business of transporting household goods over a public highway in this state shall violate or fail to perform a duty imposed by this chapter or rules adopted thereunder, or an order of the commission issued to secure compliance with this chapter or any rules adopted thereunder.
Effective Date: 09-30-1998
In accordance with section 4921.04 of the Revised Code, the public utilities commission may adopt rules:
(A) Providing for binding estimates by motor transportation companies engaged, for hire, in the business of transporting household goods over a public highway in this state;
(B) Providing for guaranteed-not-to-exceed estimates by such motor transportation companies;
(C) Requiring such motor transportation companies to include their certificate number in all advertising, written estimates, and contracts related to the transportation of household goods in this state;
(D) As are necessary and proper to carry out this chapter with respect to such motor transportation companies;
(E) Providing for the enforcement of the consumer protection provisions of Title 49 of the United States Code related to the delivery and transportation of household goods in interstate commerce, as permitted by 49 U.S.C. 14710. Any fine or penalty imposed as a result of such enforcement shall be deposited into the state treasury to the credit of the general revenue fund.
Effective Date: 09-30-1998; 2007 HB119 09-29-2007
(A)(1) Except for those violations for which a forfeiture is provided in section 4905.83 of the Revised Code, whoever violates a provision of this chapter is liable to the state for a forfeiture of not more than ten thousand dollars for each day of each violation. The public utilities commission, after providing reasonable notice and the opportunity for a hearing in accordance with the procedural rules adopted under section 4901.13 of the Revised Code, shall assess, by order, a forfeiture upon a person who the commission determines, by a preponderance of the evidence, committed the violation. In determining the amount of the forfeiture for a violation discovered during a roadside inspection, the commission shall be consistent with the recommended fine or penalty schedule and recommended civil penalty procedure adopted by the commercial vehicle safety alliance, but shall not exceed one thousand dollars. In determining the amount of the forfeiture for a violation discovered during a compliance review of fixed facilities, the commission shall be consistent with the civil penalty guidelines adopted by the United States department of transportation’s federal highway administration, but shall not exceed ten thousand dollars.
The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a forfeiture assessed under this section. The commission shall account for the forfeitures collected under this section and pay them to the treasurer of state pursuant to section 4923.12 of the Revised Code.
(2) The attorney general, upon the written request of the commission, shall bring an action for injunctive relief in the court of common pleas of Franklin county against any person who has violated or is violating any order issued by the commission to secure compliance with a provision of this chapter. The court of common pleas of Franklin county has jurisdiction to and may grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any order issued by the commission to secure compliance with this chapter. The court shall give precedence to such an action over all other cases.
(B) The amount of any forfeiture may be compromised at any time prior to collection of the forfeiture. The commission shall adopt rules governing the manner in which the amount of a forfeiture may be established by agreement prior to the hearing on the forfeiture before the commission.
(C) The proceedings of the commission specified in division (A) of this section are subject to and governed by Chapter 4903. of the Revised Code, except as otherwise specifically provided in this section. The court of appeals of Franklin county has exclusive, original jurisdiction to review, modify, or vacate an order of the commission issued to secure compliance with a provision of this chapter and an order issued under division (A)(1) of this section assessing a forfeiture. The court of appeals shall hear and determine those appeals in the same manner, and under the same standards, as the supreme court hears and determines appeals under Chapter 4903. of the Revised Code.
The judgment of the court of appeals is final and conclusive unless reversed, vacated, or modified on appeal. Such appeals may be taken either by the commission or the person to whom the compliance order or forfeiture assessment was issued and shall proceed as in the case of appeals in civil actions as provided in the Rules of Appellate Procedure and Chapter 2505. of the Revised Code.
(D) Section 4903.11 of the Revised Code does not apply to an appeal of an order issued to secure compliance with this chapter or an order issued under division (A)(1) of this section assessing a forfeiture. Any person to whom any such order is issued who wishes to contest the compliance order, the fact of the violation, or the amount of the forfeiture shall file a notice of appeal, setting forth the order appealed from and the errors complained of, within sixty days after the entry of the order upon the journal of the commission. The notice of appeal shall be served, unless waived, upon the chairman of the commission or, in the event of his absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. An order issued by the commission to secure compliance with a provision of this chapter or an order issued under division (A)(1) of this section assessing a forfeiture shall be reversed, vacated, or modified on appeal if, upon consideration of the record, the court is of the opinion that the order was unlawful or unreasonable.
Effective Date: 09-29-1995