Ohio Administrative Code › Title 4901:2 - Motor Carriers › Chapter 4901:2-5 - Safety Standards › Section 4901:2-5-03 - Adoption and applicability of U.S. department of transportation safety standards

Current through all regulations passed and filed through July 1, 2024
(A) The commission hereby adopts the
			 provisions of the regulations of the U.S. department of transportation
			 contained in 49 C.F.R.
			 40,
			 367,
			 380,
			 382,
			 383,
			 385,
			 386,
			 387, and
			 390 to
			 397, as effective on the date
			 referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, unless specifically excluded or modified by a rule of this
			 commission, and those portions of the regulations contained in
			 49 C.F.R.
			 107, subparts f and g, and 171 to 180, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, as are applicable to transportation or offering for
			 transportation of hazardous materials by motor vehicle. A violation
			 
								of these regulations constitutes a violation of
			 the commission's rules.
(B) All
			 motor carriers operating in intrastate commerce 
								are subject to the provisions of this chapter and
			 the regulations adopted pursuant to paragraph (A) of this rule. With respect to
			 such regulations as applicable to motor carriers operating in intrastate
			 commerce, any notices or requests permitted or required to be made to the U.S.
			 department of transportation or officials thereof 
								may instead be
			 made to the director of the commission's transportation department.
(C) All motor carriers engaged in interstate
			 commerce within Ohio 
								are subject to all regulations of
			 the U.S. department of transportation, which have been adopted by the
			 commission pursuant to paragraph (A) of this rule.
(D) All offerors 
								are subject to the regulations contained in
			 49 C.F.R.
			 107, subparts f and g, and 171 to 180, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, as applicable, which have been adopted by the commission
			 pursuant to paragraph (A) of this rule.
(E) All hazardous materials transporters
			 
								are subject to the regulations contained in
			 49 C.F.R.
			 107, subparts f and g, and 171 to 180, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, as applicable, which have been adopted by the commission
			 pursuant to paragraph (A) of this rule.
(F) All excepted carriers
			 
								are subject to the regulations of the U.S.
			 department of transportation contained in
			 49 C.F.R.
			 383, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code. as applicable, and the regulations contained in
			 49 C.F.R.
			 107, subparts f and g, and 171 to 180, as
			 effective on the date referenced in paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, as applicable, which have been adopted by the commission
			 pursuant to paragraph (A) of this rule.
(G) Enforcement of the regulations adopted
			 pursuant to paragraph (A) of this rule, 
								is subject to any exemptions granted
			 by the U.S. department of transportation 
								including any
			 interpretations issued by the U.S. department of transportation.
(H) Title
			 49 C.F.R.
			 395.3, as effective on the date referenced in
			 paragraph (C) of rule
			 4901:2-5-02 of the
			 Administrative Code, does not apply to motor carriers engaged in the intrastate
			 transportation of construction materials and equipment. As to such carriers,
			 the following maximum driving time limitations apply:
(1) No motor carrier engaged in the
			 intrastate transportation of construction materials and equipment shall permit
			 or require any driver used by it to drive nor shall any such driver drive:
(a) More than twelve hours following ten
			 consecutive hours off duty; or
(b)
			 For any period after having been on duty sixteen hours following ten
			 consecutive hours off duty.