As Passed by the House

129th General Assembly
Regular Session
2011-2012
Sub. S. B. No. 187


Senator Grendell 

Cosponsors: Senators Patton, LaRose, Coley, Jordan, Lehner, Wilson, Turner, Schiavoni, Beagle, Brown, Cafaro, Daniels, Faber, Hite, Hughes, Jones, Manning, Obhof, Oelslager, Sawyer, Schaffer, Seitz, Skindell, Stewart, Tavares, Wagoner, Widener 

Representatives Amstutz, Anielski, Beck, Blair, Bubp, Buchy, Budish, Butler, Combs, Derickson, Dovilla, Fende, Gardner, Gerberry, Grossman, Hackett, Henne, Hottinger, Letson, Luckie, Maag, Mallory, McClain, Rosenberger, Ruhl, Schuring, Slaby, Uecker, Wachtmann, Young Speaker Batchelder 

A BILL
To amend sections 5533.374, 5577.042, and 5577.043 1
and to enact sections 5533.622 and 5533.623 of the 2
Revised Code to designate a portion of United 3
States Route 322 within Geauga County only the 4
"Chief Warrant Officer Christopher R. Thibodeau 5
Memorial Highway," to designate a portion of 6
Interstate Route 71 within Franklin County only 7
the "Deputy Marty Martin Memorial Highway," to 8
rename the "Heath Warner Memorial Highway" the 9
"U.S.M.C. Pvt. Heath Warner Memorial Highway," to 10
establish maximum wheel and axle load limits for 11
vehicles subject to vehicle weight allowances, and 12
to declare an emergency in regard to those 13
sections establishing the maximum wheel and axle 14
load limits.15


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

       Section 1. That sections 5533.374, 5577.042, and 5577.043 be 16
amended and sections 5533.622 and 5533.623 of the Revised Code be 17
enacted to read as follows:18

       Sec. 5533.374. In addition to the designation in section 19
5533.37 of the Revised Code, that portion of the road known as 20
interstate route number seventy-seven, commencing at the 21
intersection of that interstate route and state route number eight 22
hundred and proceeding in a northerly direction to the 23
intersection of that interstate route and Dressler road within 24
Stark county only, shall be known as the "U.S.M.C. Pvt. Heath 25
Warner Memorial Highway."26

        The director of transportation may erect suitable markers 27
along the highway indicating its name.28

       Sec. 5533.622. That portion of the road known as United 29
States route number three hundred twenty-two, commencing at the 30
boundary of Cuyahoga and Geauga counties and proceeding in an 31
easterly direction to caves road within the community of 32
Chesterland in Geauga county, shall be known as the "Chief Warrant 33
Officer Christopher R. Thibodeau Memorial Highway."34

        The director of transportation may erect suitable markers 35
along the highway indicating its name.36

       Sec. 5533.623. In addition to any other name prescribed in 37
the Revised Code or otherwise, that portion of the highway known 38
as interstate route number seventy-one, running in a northerly and 39
southerly direction within southern Franklin county, between the 40
intersection of that highway and interstate route number two 41
hundred seventy and the intersection of that highway and 42
Stringtown road, shall be known as the "Deputy Marty Martin 43
Memorial Highway."44

        The director of transportation may erect suitable markers 45
along the highway indicating its name.46

       Sec. 5577.042.  (A) As used in this section:47

       (1) "Farm machinery" has the same meaning as in section 48
4501.01 of the Revised Code.49

       (2) "Farm commodities" includes livestock, bulk milk, corn, 50
soybeans, tobacco, and wheat.51

       (3) "Farm truck" means a truck used in the transportation 52
from a farm of farm commodities when the truck is operated in 53
accordance with this section.54

       (4) "Log truck" means a truck used in the transportation of 55
timber from the site of its cutting when the truck is operated in 56
accordance with this section.57

       (5) "Coal truck" means a truck transporting coal from the 58
site where it is mined when the truck is operated in accordance 59
with this section.60

       (6) "Solid waste" has the same meaning as in section 3734.01 61
of the Revised Code.62

       (7) "Solid waste haul vehicle" means a vehicle hauling solid 63
waste for which a bill of lading has not been issued.64

       (B)(1) Notwithstanding sections 5577.02 and 5577.04 of the 65
Revised Code, the following vehicles under the described 66
conditions may exceed by no more than seven and one-half per cent 67
the weight provisions of sections 5577.01 to 5577.09 of the 68
Revised Code and no penalty prescribed in section 5577.99 of the 69
Revised Code shall be imposed:70

       (a) A coal truck transporting coal, from the place of 71
production to the first point of delivery where title to the coal 72
is transferred;73

       (b) A farm truck or farm machinery transporting farm 74
commodities, from the place of production to the first point of 75
delivery where the commodities are weighed and title to the 76
commodities is transferred;77

       (c) A log truck transporting timber, from the site of its 78
cutting to the first point of delivery where the timber is 79
transferred;80

       (d) A solid waste haul vehicle hauling solid waste, from the 81
place of production to the first point of delivery where the solid 82
waste is disposed of or title to the solid waste is transferred.83

        (2) In addition, if any of the vehicles listed in division 84
(B)(1) of this section and operated under the conditions described 85
in that division does not exceed by more than seven and one-half 86
per cent the gross vehicle weight provisions of sections 5577.01 87
to 5577.09 of the Revised Code, noand does not exceed the wheel 88
or axle-load limits shall apply andof those sections by more than 89
seven and one-half per cent, no penalty prescribed in section 90
5577.99 of the Revised Code for a wheel or axle overload shall be 91
imposed.92

       (C) If any of the vehicles listed in division (B)(1) of this 93
section and operated under the conditions described in that 94
division exceeds by more than seven and one-half per cent the 95
weight provisions of sections 5577.01 to 5577.09 of the Revised 96
Code by more than the percentage allowance of either division 97
(B)(1) or (2) of this section, both of the following apply without 98
regard to the seven and one-half per cent allowance provided by 99
division (B)(1) or (2) of this section:100

       (1) The applicable penalty prescribed in section 5577.99 of 101
the Revised Code;102

       (2) The civil liability imposed by section 5577.12 of the 103
Revised Code.104

       (D)(1) Division (B) of this section does not apply to the 105
operation of a farm truck, log truck, or farm machinery 106
transporting farm commodities during the months of February and 107
March.108

       (2) Regardless of when the operation occurs, division (B) of 109
this section does not apply to the operation of a vehicle on 110
either of the following:111

       (a) A highway that is part of the interstate system;112

       (b) A highway, road, or bridge that is subject to reduced 113
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08, 114
5577.09, or 5591.42 of the Revised Code.115

       Sec. 5577.043.  (A) Notwithstanding sections 5577.02 and 116
5577.04 of the Revised Code, the following vehicles under the 117
described conditions may exceed by no more than fiveseven and 118
one-half per cent the weight provisions of sections 5577.01 to 119
5577.09 of the Revised Code and no penalty prescribed in section 120
5577.99 of the Revised Code shall be imposed: 121

       (1) A surface mining truck transporting minerals from the 122
place where the minerals are loaded to any of the following:123

       (a) The construction site where the minerals are discharged;124

       (b) The place where title to the minerals is transferred;125

       (c) The place of processing. 126

       (2) A vehicle transporting hot mix asphalt material from the 127
place where the material is first mixed to the paving site where 128
the material is discharged; 129

       (3) A vehicle transporting concrete from the place where the 130
material is first mixed to the site where the material is 131
discharged;132

       (4) A vehicle transporting manure, turf, sod, or silage from 133
the site where the material is first produced to the first place 134
of delivery;135

       (5) A vehicle transporting chips, sawdust, mulch, bark, 136
pulpwood, biomass, or firewood from the site where the product is 137
first produced or harvested to the first point where the product 138
is transferred.139

       (B) In addition, if any of the vehicles listed in division 140
(A) of this section and operated under the conditions described in 141
that division doesdo not exceed by more than fiveseven and 142
one-half per cent the gross vehicle weight provisions of sections 143
5577.01 to 5577.09 of the Revised Code, noand do not exceed the144
wheel or axle load limits shall apply andof those sections by 145
more than seven and one-half per cent, no penalty prescribed in 146
section 5577.99 of the Revised Code for a wheel or axle overload 147
shall be imposed.148

       (C) If any of the vehicles listed in division (A) of this 149
section and operated under the conditions described in that 150
division exceeds by more than five per centexceed the weight 151
provisions of sections 5577.01 to 5577.09 of the Revised Code by 152
more than the percentage allowance of either division (A) or (B) 153
of this section, both of the following apply without regard to the 154
allowance provided by division (A) or (B) of this section:155

       (1) The applicable penalty prescribed in section 5577.99 of 156
the Revised Code;157

       (2) The civil liability imposed by section 5577.12 of the 158
Revised Code.159

       (D) Divisions (A) and (B) of this section do not apply to the 160
operation of a vehicle listed in division (A) of this section on 161
either of the following:162

       (1) A highway that is part of the interstate system;163

       (2) A highway, road, or bridge that is subject to reduced 164
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08, 165
5577.09, or 5591.42 of the Revised Code.166

       Section 2.  That existing sections 5533.374, 5577.042, and 167
5577.043 of the Revised Code are hereby repealed.168

       Section 3.  Sections 5577.042 and 5577.043 of the Revised 169
Code as amended by this act are hereby declared to be emergency 170
measures necessary for the immediate preservation of the public 171
peace, health, and safety. The reason for such necessity is that 172
unrestricted wheel and axle load limits imperil the structural 173
integrity of bridges throughout the state, posing imminent danger 174
to all users. Therefore, sections 5577.042 and 5577.043 of the 175
Revised Code as amended by this act shall go into immediate 176
effect.177