As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 82


Representatives Grossman, Boose 

Cosponsors: Representatives Adams, J., Murray, Wachtmann, Burke, Gardner, Blessing, Carey, Hayes, Huffman, Beck, Amstutz, Stinziano, Slaby, Ruhl, Kozlowski, Henne, Uecker, Rosenberger, Stebelton, Hackett, Buchy, Young, Balderson, Martin, Brenner, Gonzales 

A BILL
To enact sections 4923.50, 4923.51, and 4923.52 of 1
the Revised Code to prescribe the applicability of 2
federal regulations adopted by the Public 3
Utilities Commission of Ohio to certain motor 4
vehicles.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4923.50, 4923.51, and 4923.52 of the 6
Revised Code be enacted to read as follows:7

       Sec. 4923.50.  As used in sections 4923.51 and 4923.52 of the 8
Revised Code:9

       (A) "Gross weight" means gross vehicle weight, gross vehicle 10
weight rating, gross combination weight, or gross combination 11
weight rating.12

       (B) "Hazardous materials regulations" means 49 C.F.R. 107, 13
subparts F and G only, 171 to 173, 177, 178, and 180.14

       (C) "Motor vehicle" has the same meaning as in section 15
4923.02 of the Revised Code.16

       (D) "Private motor carrier" has the same meaning as in 17
section 4923.02 of the Revised Code, except that it includes both 18
those operating on a for-hire basis, and those operating on a 19
not-for-hire basis.20

       Sec. 4923.51.  (A) A motor vehicle to which all of the 21
following apply is exempt from any provision of the Code of 22
Federal Regulations adopted or enforced by the public utilities 23
commission under this chapter:24

       (1) The vehicle is operated within this state in intrastate 25
commerce.26

       (2) The vehicle is operated by a private motor carrier.27

       (3) The gross weight of the vehicle does not exceed 28
twenty-six thousand and one pounds.29

       (4) The vehicle is not designed or used to transport sixteen 30
or more people, including the driver. 31

       (5) The vehicle does not transport any type or amount of 32
hazardous material, as described in 49 C.F.R. 172, as amended.33

       (B) A motor vehicle to which divisions (A)(1) to (4) of this 34
section apply and that transports hazardous material not requiring 35
a placard under 49 C.F.R. 172, subpart F, as amended, is exempt 36
from compliance with any provision of the Code of Federal 37
Regulations adopted or enforced by the commission under this 38
chapter, except for the hazardous materials regulations.39

       Sec. 4923.52.  The exemptions in section 4923.51 of the 40
Revised Code, including the exception under division (B) of that 41
section, apply to any person or entity that owns, operates, or 42
takes any other action in connection with a motor vehicle 43
described in section 4923.51 of the Revised Code.44