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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 |
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 | 88 |
or axle-load limits | 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 | 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 | 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 | 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 | 142 |
one-half per cent the gross vehicle weight provisions of sections | 143 |
5577.01 to 5577.09 of the Revised Code | 144 |
wheel or axle load limits | 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 | 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 |