Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								 "Authorized personnel" means employees of the
			 commission's transportation department authorized to conduct inspections of
			 motor vehicles and drivers, and employees of the state highway patrol
			 designated by the superintendent to conduct inspections of motor vehicles and
			 drivers.
(B)
								 "Commercial motor vehicle" when used in connection
			 with a motor carrier operating in intrastate commerce, has the same meaning as
			 in 49 C.F.R. 390.5, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code, when operated by a for-hire motor carrier, and the
			 same meaning as in
			 49
			 C.F.R. 383.5, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code, when operated by a private motor
			 carrier.
(C)
								 "Commercial vehicle safety plan" has the same meaning
			 as in
			 49 C.F.R.
			 350.105, as effective on the date referenced
			 in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code.
(D)
								 "Commission" means the public utilities commission of
			 Ohio.
(E)
								 "Excepted carrier" means a person excepted as a
			 for-hire motor carrier under division (B)(1) to (B)(9) of section
			 4923.01 of the Revised Code or a
			 person excepted as a private motor carrier under division (A)(1) to (A)(9) of
			 section 4923.02 of the Revised
			 Code.
(F)
								 "For-hire motor carrier" has the same meaning as in
			 section 4923.01 of the Revised
			 Code.
(G)
								 "Hazardous material" has the same meaning as in
			 49 C.F.R.
			 171.8, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code.
(H)
								 "Hazardous materials transporter" means a person
			 engaged in the highway transportation of hazardous materials, in intrastate
			 commerce, by motor vehicles that are not commercial motor
			 vehicles.
(I)
								 "Immediate destination" is the next scheduled stop of
			 the vehicle already in motion where the cargo on board can be safely
			 secured.
(J)
								 "Imminent hazard" means any condition of a motor
			 vehicle, driver, or operation which is likely to result in serious injury or
			 death if not discontinued immediately.
(K)
								 "Inspection
			 report" means the "Driver Vehicle Examination Report" prescribed by the U.S.
			 department of transportation pursuant to
			 49
			 C.F.R. 396.9, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code, to record the results of inspections conducted by
			 authorized personnel.
(L)
								 "Interstate commerce" has the same meaning as in
			 section 4923.01 of the Revised
			 Code.
(M)
								 "Intrastate commerce" means any trade, traffic, or
			 transportation within Ohio which does not meet the definition of interstate
			 commerce.
(N)
								 "Medical examiner" has the same meaning as in
			 49
			 C.F.R. 390.5, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code.
(O)
								 "Motor carrier" includes all for-hire motor carriers
			 and private motor carriers operating commercial motor vehicles in intrastate
			 commerce. "Motor carrier" also includes those defined in
			 49
			 C.F.R. 390.5, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code, operating in Ohio in interstate
			 commerce.
(P)
								 "Motor Carrier Safety Assistance Program" is the
			 federal grant program described in
			 49
			 C.F.R. 350.101, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code.
(Q)
								 "Motor vehicle" has the same definition as in section
			 4921.01 of the Revised Code and
			 includes commercial motor vehicles.
(R)
								 "Offeror" means
			 any person that is subject to the regulations contained in 49 C.F.R. 171 to
			 180, as effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code, by reason of offering hazardous materials for
			 transportation by motor vehicle into, within, or through Ohio.
(S)
								 "Private motor
			 carrier" has the same meaning as in section
			 4923.01 of the Revised
			 Code.
(T)
								 "Public highway" has the same meaning as in section
			 4923.01 of the Revised
			 Code.
(U)
								 "Transportation of construction materials and
			 equipment" means the transportation of construction and pavement materials,
			 construction equipment, and construction maintenance vehicles, by a driver to
			 or from an active construction site (a construction site between mobilization
			 of equipment and materials to the site to the final completion of the
			 construction project) within a fifty air mile radius of the normal work
			 reporting location of the driver. This definition shall not apply to the
			 transportation of hazardous materials in a quantity requiring placarding
			 pursuant to 49 C.F.R. 172, subpart f, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of
			 the Administrative Code.
Replaces: 4901:2-5-01
Five Year Review (FYR) Dates:
				6/8/2021 and
				06/08/2026
Promulgated
				Under:
				111.15
Statutory Authority: R.C.
				4923.04
Rule Amplifies: R.C.
				4923.01,
				4923.02,
				4923.04,
				4923.06,
				4923.04
Prior Effective Dates: 01/20/1963, 03/19/1987, 12/25/1987,
				12/09/1988, 05/05/1990, 04/25/1992, 01/19/1995 (Emer.), 03/30/1999, 09/17/2006,
				10/01/2009, 06/06/2011, 10/30/2014