130th Ohio General Assembly
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H. B. No. 425  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 425


Representative Heard 

Cosponsors: Representatives Winburn, Stewart, Yuko, Okey, Domenick, Slesnick, Weddington, Ujvagi, Williams, B., Murray, Hagan, Brown 



A BILL
To amend sections 4513.60, 4901.01, 4903.01, 4905.01, 4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 4921.36, 4921.99, 4923.01, 4923.02, 4923.03, 4923.04, and 4923.05; to enact sections 4921.45, 4921.46, 4921.47, 4921.48, 4921.49, 4921.50, 4921.51, 4921.52, 4921.53, 4921.54, and 4921.55; and to repeal sections 4921.30, 4923.06, and 4923.07 of the Revised Code to grant the Public Utilities Commission exclusive regulatory jurisdiction over all common and contract carrier towing companies and preempt local regulation, authorize the commission to establish a new certification program for common and contract carrier towing companies and a registration system for towed vehicle storage companies, authorize certain commission regulation of vehicle storage companies, revise law governing private tow-away zones, and make conforming changes in motor transportation company public utility law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 4513.60, 4901.01, 4903.01, 4905.01, 4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 4921.36, 4921.99, 4923.01, 4923.02, 4923.03, 4923.04, and 4923.05 be amended and sections 4921.45, 4921.46, 4921.47, 4921.48, 4921.49, 4921.50, 4921.51, 4921.52, 4921.53, 4921.54, and 4921.55 of the Revised Code be enacted to read as follows:
Sec. 4513.60.  (A)(1) The sheriff of a county or chief of police of a municipal corporation, township, or township police district, within the sheriff's or chief's respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in section 4513.63 of the Revised Code, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The sheriff or chief of police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the sheriff or chief of police. When ordering a motor vehicle into storage pursuant to this division, a sheriff or chief of police, whenever possible, shall may arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject to division (C) of this section, the owner of a motor vehicle that has been removed pursuant to this division may recover the vehicle only in accordance with division (E) of this section.
(2) Divisions (A)(1) to (3) of this section do not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with division (B) of this section.
(3) As used in divisions (A)(1) and (2) of this section, "private residential property" means private property on which is located one or more structures that are used as a home, residence, or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence, or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(B)(1) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
(a) The owner posts on the owner's property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:
(i) A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
(ii) The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;
(iii) A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a the towing charge, in an amount not to exceed ninety dollars, and a storage charge, in an amount not to exceed twelve dollars per twenty-four-hour period; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer charges under division (E) of the section, which shall be disclosed in the statement.
(b) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the municipal corporation or township in which the private tow-away zone is located.
(2) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with division (B)(1) of this section, without the consent of the owner of the property or in violation of any posted parking condition or regulation, the property owner or the owner's agent may remove, or cause the removal of, the vehicle, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in division (B)(1)(a)(iii)(E) of this section, and the vehicle owner, subject to division (C) of this section, may recover a vehicle that has been so removed only in accordance with division (E) of this section.
(3) If a municipal corporation requires tow trucks and tow truck operators to be licensed, no owner of private property located within the municipal corporation shall remove, or shall cause the removal and storage of, any vehicle pursuant to division (B)(2) of this section by an unlicensed tow truck or unlicensed tow truck operator.
(4) Divisions (B)(1) to (3) and (2) of this section do not affect or limit the operation of division (A) of this section or sections 4513.61 to 4513.65 of the Revised Code as they relate to property other than private property that is established as a private tow-away zone under division (B)(1) of this section.
(C) If the owner or operator of a motor vehicle that has been ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is being removed under authority of division (B)(2) of this section arrives after the motor vehicle or vehicle has been prepared for removal, but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under division (A)(1) of this section or of vehicles under division (B)(2) of this section, whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant to division (A)(1) of this section, it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable.
(2) If the vehicle was being removed under authority of division (B)(2) of this section, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
(D)(1) If an owner of private property that is established as a private tow-away zone in accordance with division (B)(1) of this section or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of division (B)(2) of this section, the owner or agent promptly shall notify the police department of the municipal corporation, township, or township police district in which the property is located, of the removal, the vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
(2) Each county sheriff and each chief of police of a municipal corporation, township, or township police district shall maintain a record of motor vehicles that the sheriff or chief orders into storage pursuant to division (A)(1) of this section and of vehicles removed from private property in the sheriff's or chief's jurisdiction that is established as a private tow-away zone of which the sheriff or chief has received notice under division (D)(1) of this section. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or vehicle's license number, make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.
(3) Any person who registers a complaint that is the basis of a sheriff's or police chief's order for the removal and storage of a motor vehicle under division (A)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies self as the owner or operator of the motor vehicle and requests information pertaining to its location.
(E) The owner of a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section or of a vehicle that is removed towed and stored under authority of division (B)(2) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, a towing charge in an amount not to exceed ninety dollars, and payment of a storage, charge in an amount not to exceed twelve dollars per twenty-four-hour period irrespective of whether the vehicle is stored at a storage facility of the tow truck operator or towing company, or at a vehicle storage company as defined in section 4921.45 of the Revised Code; except that the charge for towing shall not exceed one hundred fifty dollars, and the storage charge shall not exceed twenty dollars per twenty-four-hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of ten thousand pounds and is a truck, bus, or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. Proof of ownership may be evidenced by presentation of the certificate of title or memorandum certificate of title to the motor vehicle on a form of identification bearing a photograph of the vehicle owner and the certificate of registration of the motor vehicle. In the case of a motor vehicle that is leased or rented, right to possession of the vehicle shall be evidenced by presentation of a form of identification bearing a photograph of the person who leased or rented the vehicle and a copy of the lease or rental agreement. If a motor vehicle that is ordered into storage pursuant to division (A)(1) of this section remains unclaimed by the owner for thirty days, the procedures established by sections 4513.61 and 4513.62 of the Revised Code shall apply.
(F)(1) No person shall remove, or cause the removal of, any vehicle from private property that is established as a private tow-away zone under division (B)(1) of this section other than in accordance with division (B)(2) of this section, and no person shall remove, or cause the removal of, any motor vehicle from any other private property other than in accordance with division (A)(1) of this section or sections 4513.61 to 4513.65 of the Revised Code.
(2) No tow truck operator or towing company shall remove any vehicle from private property that is established as a private tow-away zone under division (B)(1) of this section other than pursuant to the request of the property owner or the owner's agent under division (B)(2) of this section.
(G)(1) Whoever violates division (B)(3) or (F)(1) of this section is guilty of a minor misdemeanor.
(2) Whoever violates division (F)(2) of this section is guilty of a misdemeanor of the first degree.
Sec. 4901.01.  As used in sections 4901.01 to 4901.24, inclusive, of the Revised Code:
(A) "Public utility" has the meaning set forth in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipe-line company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meaning set forth in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has and "contract carrier by motor vehicle" have the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) "Trailer," "public highway," "fixed termini," "regular route," and "irregular route" have the meaning set forth in section 4921.02 of the Revised Code.
(F) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meaning set forth in section 4923.02 of the Revised Code.
Sec. 4903.01.  As used in sections 4903.01 to 4903.25, inclusive, of the Revised Code:
(A) "Public utility" has the meaning set forth in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipe-line company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meaning set forth in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has and "contract carrier by motor vehicle" have the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) "Trailer," "public highway," "fixed termini," "regular route," and "irregular route" have the meaning set forth in section 4921.02 of the Revised Code.
(F) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meaning set forth in section 4923.02 of the Revised Code.
Sec. 4905.01.  As used in this chapter:
(A) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(B) "Motor transportation company" has and "contract carrier by motor vehicle" have the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(C) "Trailer," "public highway," "fixed termini," "regular route," and "irregular route" have the meanings set forth in section 4921.02 of the Revised Code.
(D) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meanings set forth in section 4923.02 of the Revised Code.
(E) "Ohio coal research and development costs" means all reasonable costs associated with a facility or project undertaken by a public utility for which a recommendation to allow the recovery of costs associated therewith has been made under division (B)(7) of section 1551.33 of the Revised Code, including, but not limited to, capital costs, such as costs of debt and equity; construction and operation costs; termination and retirement costs; costs of feasibility and marketing studies associated with the project; and the acquisition and delivery costs of Ohio coal used in the project, less any expenditures of grant moneys.
Sec. 4905.03.  As used in this chapter:
(A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, is:
(1) A telegraph company, when engaged in the business of transmitting telegraphic messages to, from, through, or in this state;
(2) A telephone company, when engaged in the business of transmitting telephonic messages to, from, through, or in this state and as such is a common carrier;
(3) A motor transportation company, when engaged in the business of carrying and transporting persons or property or the business of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, for the public in general, over any public street, road, or highway in this state, except as provided in excluding a motor transportation company exempted under divisions (A)(1) to (9) of section 4921.02 of the Revised Code, but including a towing company regulated under sections 4921.45 to 4921.55 of the Revised Code;
(4) An electric light company, when engaged in the business of supplying electricity for light, heat, or power purposes to consumers within this state, including supplying electric transmission service for electricity delivered to consumers in this state, but excluding a regional transmission organization approved by the federal energy regulatory commission;
(5) A gas company, when engaged in the business of supplying artificial gas for lighting, power, or heating purposes to consumers within this state or when engaged in the business of supplying artificial gas to gas companies or to natural gas companies within this state, but a producer engaged in supplying to one or more gas or natural gas companies, only such artificial gas as is manufactured by that producer as a by-product of some other process in which the producer is primarily engaged within this state is not thereby a gas company. All rates, rentals, tolls, schedules, charges of any kind, or agreements between any gas company and any other gas company or any natural gas company providing for the supplying of artificial gas and for compensation for the same are subject to the jurisdiction of the public utilities commission.
(6) A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within this state. Notwithstanding the above, neither the delivery nor sale of Ohio-produced natural gas by a producer or gatherer under a public utilities commission-ordered exemption, adopted before, as to producers, or after, as to producers or gatherers, January 1, 1996, or the delivery or sale of Ohio-produced natural gas by a producer or gatherer of Ohio-produced natural gas, either to a lessor under an oil and gas lease of the land on which the producer's drilling unit is located, or the grantor incident to a right-of-way or easement to the producer or gatherer, shall cause the producer or gatherer to be a natural gas company for the purposes of this section.
All rates, rentals, tolls, schedules, charges of any kind, or agreements between a natural gas company and other natural gas companies or gas companies providing for the supply of natural gas and for compensation for the same are subject to the jurisdiction of the public utilities commission. The commission, upon application made to it, may relieve any producer or gatherer of natural gas, defined in this section as a gas company or a natural gas company, of compliance with the obligations imposed by this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, so long as the producer or gatherer is not affiliated with or under the control of a gas company or a natural gas company engaged in the transportation or distribution of natural gas, or so long as the producer or gatherer does not engage in the distribution of natural gas to consumers.
Nothing in division (A)(6) of this section limits the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.
(7) A pipe-line company, when engaged in the business of transporting natural gas, oil, or coal or its derivatives through pipes or tubing, either wholly or partly within this state;
(8) A water-works company, when engaged in the business of supplying water through pipes or tubing, or in a similar manner, to consumers within this state;
(9) A heating or cooling company, when engaged in the business of supplying water, steam, or air through pipes or tubing to consumers within this state for heating or cooling purposes;
(10) A messenger company, when engaged in the business of supplying messengers for any purpose;
(11) A street railway company, when engaged in the business of operating as a common carrier, a railway, wholly or partly within this state, with one or more tracks upon, along, above, or below any public road, street, alleyway, or ground, within any municipal corporation, operated by any motive power other than steam and not a part of an interurban railroad, whether the railway is termed street, inclined-plane, elevated, or underground railway;
(12) A suburban railroad company, when engaged in the business of operating as a common carrier, whether wholly or partially within this state, a part of a street railway constructed or extended beyond the limits of a municipal corporation, and not a part of an interurban railroad;
(13) An interurban railroad company, when engaged in the business of operating a railroad, wholly or partially within this state, with one or more tracks from one municipal corporation or point in this state to another municipal corporation or point in this state, whether constructed upon the public highways or upon private rights-of-way, outside of municipal corporations, using electricity or other motive power than steam power for the transportation of passengers, packages, express matter, United States mail, baggage, and freight. Such an interurban railroad company is included in the term "railroad" as used in section 4907.02 of the Revised Code.
(14) A sewage disposal system company, when engaged in the business of sewage disposal services through pipes or tubing, and treatment works, or in a similar manner, within this state.
(B) "Motor-propelled vehicle" means any automobile, automobile truck, motor bus, or any other self-propelled vehicle not operated or driven upon fixed rails or tracks.
Sec. 4907.01.  As used in sections 4907.01 to 4907.63, inclusive, of the Revised Code:
(A) "Public utility" has the meaning set forth in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipe-line company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meaning set forth in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company," "contract carrier by motor vehicle," "trailer," "public highway," "fixed termini," "regular route," and "irregular route" have the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meaning set forth in section 4923.02 of the Revised Code.
Sec. 4909.01.  As used in this chapter:
(A) "Public utility" has the meaning set forth in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipeline company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meanings set forth in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has and "contract carrier by motor vehicle" have the meaning set forth in sections 4905.03 and 4921.02 of the Revised Code.
(E) "Trailers," "public highway," "fixed termini," "regular route," and "irregular route" have the meanings set forth in section 4921.02 of the Revised Code.
(F) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meanings set forth in section 4923.02 of the Revised Code.
Sec. 4921.01.  As used in sections 4921.01 to 4921.32, inclusive, of the Revised Code this chapter:
(A) "Public utility" has the same meaning set forth as in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipe-line company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street Street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled vehicle" have the meaning set forth same meanings as in section 4905.03 of the Revised Code.
(C) "Railroad" has the same meaning set forth as in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has the same meaning set forth as in sections section 4905.03 and 4921.02 of the Revised Code.
(E) "Private motor carrier," "contract carrier by motor vehicle," "motor vehicle," and "charter party trip" have the meaning set forth same meanings as in section 4923.02 of the Revised Code.
Sec. 4921.02.  As used in sections 4921.01 to 4921.32 of the Revised Code:
(A) "Motor transportation company," or "common carrier by motor vehicle," or "contract carrier by motor vehicle," includes every corporation, company, association, joint-stock association, person, firm, or copartnership, and their lessees, legal or personal representatives, trustees, and receivers or trustees appointed by any court, when engaged or proposing to engage in the business of transporting persons or property, or the business of providing or furnishing such transportation service, for hire, whether directly or by lease or other arrangement, for the public in general, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state. All laws regulating the business of motor transportation, their context notwithstanding, apply to such motor transportation company or, common carrier by motor vehicle, or contract carrier by motor vehicle. "Motor transportation company," as so used, does not include any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated:
(1) Engaged or proposing to engage as a private motor carrier as defined by section 4923.02 of the Revised Code;
(2) Insofar as they own, control, operate, or manage motor vehicles used for the transportation of property, operated exclusively within the territorial limits of a municipal corporation, or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporation;
(3) Insofar as they are engaged in the transportation of persons in taxicabs in the usual taxicab service;
(4)(3) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events;
(5)(4) Engaged in the transportation of farm supplies to the farm or farm products from farm to market or to food fabricating plants;
(6)(5) Engaged in the distribution of newspapers;
(7)(6) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;
(8)(7) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance;
(9)(8) Engaged in the transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;
(10)(9) Engaged in the transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose.
(B) "Trailer" means any vehicle without motive power designed or used for carrying property or persons and for being drawn by a separate motor-propelled vehicle, including any vehicle of the trailer type, whether designed or used for carrying property or persons wholly on its own structure, or so designed or used that a part of its own weight or the weight of its load rests upon and is carried by such motor-propelled vehicle.
(C) "Public highway" means any public street, road, or highway in this state, whether within or without the corporate limits of a municipal corporation.
(D) "Fixed termini" refers to the points between which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.
(E) "Regular route" refers to that portion of the public highway over which any motor transportation company usually or ordinarily operates, provides, or proposes to operate or provide motor transportation service.
(F) "Irregular route" refers to that portion of the public highway over which is conducted or provided any other operation of any motor vehicle by a motor transportation company transporting property.
(G) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools.
Whether or not any motor-propelled vehicle is operated or such transportation service is provided or furnished by such motor transportation company, between fixed termini or over a regular route, or over an irregular route, or whether or not a corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, trustees, or receivers or trustees appointed by any court, is engaged as a motor transportation company, are questions of fact. The finding of the public utilities commission on such questions is a final order which may be reviewed as provided in section 4921.17 of the Revised Code. The commission has jurisdiction to receive, hear, and determine such questions upon complaint of any party, or upon its own motion, upon not less than fifteen days' notice of the time and place of such hearing and of the matter to be heard.
Sec. 4921.36.  Except as otherwise provided in sections 4921.35 to 4921.40 of the Revised Code, a motor transportation company engaged, for hire, in the business of transporting household goods over a public highway in this state:
(A) Is subject to sections 4921.01 and 4921.03 to 4921.32 of the Revised Code and to all other provisions of the Revised Code applicable to a motor transportation company that is subject to those sections 4921.01 to 4921.32 of the Revised Code, including, and to sections 4506.22, 4511.78, 5502.01, 5503.02, and 5503.34 of the Revised Code;
(B) Is not a public utility as defined in section 4911.02 4911.01 of the Revised Code.
Sec. 4921.45. As used in sections 4921.45 to 4921.55 of the Revised Code:
(A) "Automobile club" means a legal entity that, in consideration of dues, assessments, or periodic payments of money, promises to assist its members or subscribers in matters relating to motor travel or the operation, use, or maintenance of a motor vehicle by supplying services including towing services, emergency road service, indemnification service, guaranteed arrest bond certificate service, discount service, financial service, theft service, map service, or touring service.
(B) "Motor transportation company" has the same meaning as in sections 4905.03 and 4921.02 of the Revised Code.
(C) "Peace officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint township police district, marshal, deputy marshal, municipal police officer, or state highway patrol trooper.
(D) "Person" has the same meaning as in section 1.59 of the Revised Code.
(E) "Private motor carrier" has the same meaning as in section 4923.02 of the Revised Code.
(F) "Towing company" means any motor transportation company or private motor carrier that is engaged on an intrastate basis anywhere in this state, for hire, in the business of towing, or in the businesses of towing and incidentally storing, a motor vehicle over any public highway in this state.
(G) "Vehicle storage company" means any person engaged in this state, in whole or in part, in the business of storing, on any portion of premises located in this state and in which the person has a real property interest, any motor vehicle that has been towed by a towing company to those premises for storage, but excludes a towing company.
Sec. 4921.46.  Sections 4921.45 to 4921.55 of the Revised Code confer exclusive regulatory jurisdiction on the public utilities commission over the towing and storage services of towing companies and vehicle storage companies, and no political subdivision of this state has authority to so regulate, or to license, register, or permit towing companies and vehicle storage companies.
Sec. 4921.47. (A) Except as otherwise provided in sections 4921.45 to 4921.55 of the Revised Code:
(1) A towing company that is a motor transportation company is subject to sections 4921.01 to 4921.32 of the Revised Code, to all other provisions of the Revised Code that are applicable to a motor transportation company that is subject to those sections, and to sections 4506.22, 5502.01, 5503.02, and 5503.34 of the Revised Code.
(2) A towing company that is a private motor carrier is subject to sections 4923.01 to 4923.17 of the Revised Code, to all other provisions of the Revised Code that are applicable to private motor carriers, and to sections 4506.22, 5502.01, 5503.02, and 5503.34 of the Revised Code.
(3) An automobile club that is a towing company and that provides towing and storage services exclusively to its members or subscribers is not subject to divisions (A), (B), (D), (E), and (F) of section 4921.50 of the Revised Code so long as all fees and charges for towing and storage services are disclosed to members or subscribers in the membership or subscriber agreement.
(B) A towing company is not a public utility as defined in section 4911.01 of the Revised Code.
Sec. 4921.48. Notwithstanding any provision of Chapters 4901. to 4909., 4921., and 4923. of the Revised Code to the contrary:
(A) Not later than six months after the effective date of this section, the public utilities commission shall establish by order a certification system for towing companies and a registration system for vehicle storage companies.
(B) Beginning on the effective date of the order or orders of the commission as initially issued under division (A) of this section, no person shall hold itself out or operate as a towing company in this state without holding a valid certificate issued by the commission pursuant to section 4921.49 of the Revised Code, and no person shall hold itself out or operate as a vehicle storage company without being registered with the commission pursuant to section 4921.52 of the Revised Code.
Sec. 4921.49. (A) The public utilities commission shall approve an application for a towing company certificate or certificate renewal under sections 4921.45 to 4921.55 of the Revised Code and shall issue or renew a certificate, provided the applicant submits to the commission a completed application on a form prescribed by the commission and also pays the application fee set by the commission pursuant to division (C) of this section. For applicant motor transportation companies, the application form shall be substantially the same as the application prescribed by the commission pursuant to sections 4921.08 and 4921.09 of the Revised Code; for applicant private motor carriers, the application form shall be substantially the same as the application prescribed by the commission pursuant to section 4923.05 of the Revised Code. An application also shall include a certification of all of the following by responsible officials of the applicant:
(1) The applicant's workers' compensation coverage is current pursuant to Chapter 4123. of the Revised Code.
(2) The applicant's unemployment compensation coverage is current pursuant to Chapter 4141. of the Revised Code.
(3) The financial responsibility of an applicant motor transportation company relating to liability insurance or bond complies with rules adopted by the commission under section 4921.11 of the Revised Code, and the financial responsibility of an applicant private motor carrier relating to liability insurance or bond complies with rules adopted by the commission under section 4923.08 of the Revised Code.
(4) The applicant is not insolvent.
(5) The applicant has not been convicted of fraud or had a civil judgment rendered against it for fraud nor has any officer, director, or partner of an applicant that is a corporation or partnership during the officer's, director's, or partner's tenure.
The commission shall not approve any application that does not contain the certifications required by divisions (A)(1) to (5) of this section.
(B) A certificate issued under division (A) of this section is valid for one year and is renewable annually.
(C) The commission shall set the application fee for a certificate or certificate renewal in such amount as provides sufficient revenue to cover the commission's costs in carrying out its duties solely regarding towing companies under sections 4921.45 to 4921.55 of the Revised Code. The fee revenue shall be deposited to the credit of the public utilities fund created under section 4905.10 of the Revised Code.
Sec. 4921.50.  No towing company shall do any of the following:
(A) Fail to make available for public inspection during normal business hours its current certificate under section 4921.49 of the Revised Code;
(B) Fail to include its certificate number on all advertising, written estimates, contracts, and invoices, in such manner as the public utilities commission shall prescribe by rule;
(C) Fail to notify the commission, within fifteen days after the change occurs and on such form as the commission shall prescribe by rule, of any change in the location of the company's offices or principal place of business;
(D) Fail to file at least annually with the commission a schedule of its fees and charges for towing a motor vehicle and its fees and charges for motor vehicle storage incidental to a tow by the company, including those under division (E) of section 4513.60 of the Revised Code. Storage charges under the schedule shall not be charged until after notification is made under division (H) of this section or charged for any time the storage facility is closed for business. Except for a tow under section 4513.60 of the Revised Code, storage fees and charges under the schedule shall be per twenty-four-hour period or any fraction thereof and shall distinguish between inside and outside storage.
(E) Except when a tow is requested by a peace officer, including under division (A) of section 4513.60 of the Revised Code, or in the case of a tow under division (B) of that section, fail to obtain the advance, written consent of the owner or operator of the motor vehicle;
(F) Except when a tow is requested by a peace officer, including under division (A) of section 4513.60 of the Revised Code, or in the case of a tow under division (B) of that section, fail to present the operator of the motor vehicle to be towed a customer bill of rights for the towing service and any storage service it provides at a storage facility of the towing company, and, in every case, if the operator is not the owner, fail to present or cause to be presented that bill of rights to the owner at the time of the vehicle's recovery from storage at its storage facility or at the facility of a vehicle storage company. The commission shall prescribe the form of the customer bill of rights for towing service.
(G) Except when a tow is requested by a peace officer, including under division (A) of section 4513.60 of the Revised Code, fail to provide the owner of the towed motor vehicle an itemized invoice detailing the towing and, if applicable, storage fees and charges and fail to maintain at least one copy of the invoice at its principal place of business for at least two years after the date of service;
(H) Except when a tow is requested by a peace officer, including under division (A) of section 4513.60 of the Revised Code, or when the owner or operator of the motor vehicle gives advance consent to the tow, fail to notify the local law enforcement agency with jurisdiction over the location from which the vehicle is towed, within four hours after the towing, including any tow from a private tow-away zone under division (B) of section 4513.60 of the Revised Code. The notification shall include the date and time of towing, the locations from which and to which the vehicle was towed, the make, model, approximate model year, color, and license plate number of the towed vehicle, and telephone numbers for the towing company and the storage facility.
(I) Charge an amount for any tow that exceeds the amount that would apply to use of a towing vehicle of the company having adequate, but not greater, capacity to perform the tow safely in terms of public safety and in accordance with the towing vehicle manufacturer's specifications;
(J) Fail to provide towing service using a towing vehicle having adequate capacity to perform the tow safely in terms of public safety and in accordance with the towing vehicle manufacturer's specifications;
(K) Provide wheel-lift or roll-back towing service unless a peace officer or the motor vehicle owner or operator requests the service or a recognized industry publication or manufacturer has specified that the service is necessary for the proper towing of the vehicle;
(L) Charge an amount for towing or any storage at a storage facility of the towing company other than the amount applicable under its schedule filed pursuant to division (D) of this section or, if a tow is done at the request of a peace officer other than a state highway patrol trooper or at the request of the owner of private property that has established a private tow-away zone under division (B) of section 4513.60 of the Revised Code, charge an amount other than that applicable under any towing service contract between the towing company and the political subdivision by which the peace officer is employed or, as applicable, the owner of the private property.
Sec. 4921.51.  The public utilities commission shall adopt rules governing towing companies. The rules shall not be inconsistent with applicable federal law and at minimum shall prescribe all of the following:
(A) Requisite disclosure of a towing company's rates and charges for towing service and any storage service at its storage facility;
(B) The form of the customer bill of rights regarding towing service and any such storage service;
(C) Requisite permissible forms of payment for towing service and any storage service at the company's storage facility;
(D) Requisite minimum hours of operation during which a towed or stored vehicle may be reclaimed at the company's storage facility;
(E) Requisite access for an owner or operator of a motor vehicle the company tows to retrieve personal effects from the towed or stored vehicle;
(F) Acceptable forms that shall be sufficient to evidence that a towing company is performing a properly authorized tow;
(G) Uniform standards by which a person shall evidence proof of ownership or right to possession of a towed or stored vehicle, which standards shall be consistent with the standards specified in division (E) of section 4513.60 of the Revised Code;
(H) Standards for requisite display of a towing company's certificate number that shall be sufficient to evidence its certification;
(I) In accordance with the manufacturer's specifications for the towing vehicle or for any equipment the company uses in towing, requisite minimum safety equipment for towing motor vehicles, including minimum specifications for a wheel-lift and a roll-back tow vehicle, a light slide-back carrier, heavy slide-back carrier, one-ton towing vehicle, two-ton towing vehicle, and three-ton towing vehicle. Items covered by the specifications for a towing vehicle that uses a slide-back carrier shall include, but are not limited to, vehicle chassis, winch, steel cable, and the slide-back carrier. Items covered by the specifications for a towing vehicle that does not use a slide-back carrier shall include, but are not limited to, vehicle chassis, crane, winch, steel cable, and tow sling.
(J) Any other rules the commission determines necessary for consumer protection or public safety relating to a towing company's towing and storage of motor vehicles that do not affect the contractual agreements between an automobile club and its members or subscribers.
Sec. 4921.52.  The public utilities commission shall prescribe the form of vehicle storage company registration required by section 4921.48 of the Revised Code. The registration is valid for one year and is renewable annually. The commission shall set registration and registration renewal fees in such amounts as provide sufficient revenue to the commission in carrying out its duties solely with respect to vehicle storage companies under sections 4921.45 to 4921.55 of the Revised Code. The fee revenue shall be deposited to the credit of the public utilities fund.
Sec. 4921.53.  No vehicle storage company shall fail to do any of the following:
(A) At the time of recovery of a motor vehicle brought to the company's storage facility by a towing company, fail to present to the person recovering the vehicle a customer bill of rights for the storage service, the form of which the public utilities commission shall prescribe by rule;
(B) Fail to file at least annually with the commission a schedule of its fees and charges for storing any such motor vehicle, including storage fees and charges under division (E) of section 4513.60 of the Revised Code. Storage fees and charges under the schedule shall not be charged for any time the vehicle storage company's storage facility is closed for business. Except for storage of a towed vehicle by a towing company under section 4513.60 of the Revised Code, storage fees and charges under the schedule shall be per twenty-four-hour period or any fraction thereof and shall distinguish between inside and outside storage.
(C) At the time of the vehicle's recovery, fail to provide the owner of a motor vehicle towed to its storage facility by a towing company an itemized invoice detailing the pertinent storage fees and charges, and fail to maintain at least one copy of the invoice at its principal place of business for at least two years after the termination date of the storage service;
(D) Charge an amount, for storage of a motor vehicle towed to the vehicle storage company's storage facility by a towing company, other than the amount applicable under the vehicle storage company's schedule filed pursuant to division (B) of this section or, if a tow is done at the request of a peace officer other than a state highway patrol trooper or at the request of the owner of private property that has established a private tow-away zone under division (B) of section 4513.60 of the Revised Code, charge an amount other than that applicable under any motor vehicle storage contract between the vehicle storage company and the political subdivision by which the peace officer is employed or, as applicable, the owner of the private property.
Sec. 4921.54.  The public utilities commission shall adopt rules governing vehicle storage companies. The rules shall be limited to the following:
(A) Requisite disclosure of a vehicle storage company's rates and charges for storing a motor vehicle brought to the company's storage facility by a towing company;
(B) The form of the customer bill of rights regarding that storage service;
(C) Requisite permissible forms of payment for the company's storage service for motor vehicles brought to its storage facility by a towing company, which forms shall be the same as those prescribed for storage service under division (C) of section 4921.51 of the Revised Code;
(D) Requisite minimum hours of operation during which a stored vehicle brought to the company's storage facility by a towing company may be recovered from the facility;
(E) Requisite access for the vehicle owner or operator to retrieve personal effects from a stored motor vehicle towed to the storage facility by a towing company;
(F) Uniform standards by which a person shall evidence proof of ownership or right to possession of such a stored vehicle, which standards shall be the same as the standards specified in division (G) of section 4921.51 of the Revised Code.
Sec. 4921.55.  The public utilities commission may investigate any alleged violation or noncompliance by a towing company or vehicle storage company of any applicable provision of sections 4921.45 to 4921.55 of the Revised Code or a rule or order issued under those sections and take any action necessary to ensure compliance or remedy the violation or noncompliance, which may include, but is not limited to, an action under section 4921.99 of the Revised Code or, as applicable, a suspension or revocation of the company's certificate issued under section 4921.49 of the Revised Code or a rescission of the company's registration authorized under section 4921.52 of the Revised Code. The commission may suspend or revoke a certificate, or rescind a registration, if, after at least fifteen days' advance, written notice to the certificate holder or registrant of the basis for such action and providing an opportunity for hearing, the commission finds that the holder or registrant is violating or failing, or has violated or failed, to comply with an applicable provision of sections 4921.45 to 4921.55 of the Revised Code or of a rule adopted or order issued under those sections.
Sec. 4921.99.  (A)(1) Except for those violations for which a forfeiture is provided in section 4905.83 of the Revised Code, whoever violates a provision of this chapter is liable to the state for a forfeiture of not more than ten thousand dollars for each day of each violation. The public utilities commission, after providing reasonable notice and the opportunity for a hearing in accordance with the procedural rules adopted under section 4901.13 of the Revised Code, shall assess, by order, a forfeiture upon a person who that the commission determines, by a preponderance of the evidence, committed the violation. In determining the amount of the forfeiture for a violation discovered during a roadside inspection and to the extent applicable, the commission shall be consistent with the recommended fine or penalty schedule and recommended civil penalty procedure adopted by the commercial vehicle safety alliance, but shall not exceed one thousand dollars. In determining the amount of the forfeiture for a violation discovered during a compliance review of fixed facilities and to the extent applicable, the commission shall be consistent with the civil penalty guidelines adopted by the United States department of transportation's federal highway administration, but shall not exceed ten thousand dollars. In the case of a violation of, or noncompliance with, a provision of sections 4921.45 to 4921.55 of the Revised Code or a rule adopted or order issued under those sections, the amount of the forfeiture shall be at least one thousand dollars.
The attorney general, upon the written request of the commission, shall bring a civil action in the court of common pleas of Franklin county to collect a forfeiture assessed under this section. The commission shall account for the forfeitures collected under this section and pay them to the treasurer of state pursuant to section 4923.12 of the Revised Code.
(2) The attorney general, upon the written request of the commission, shall bring an action for injunctive relief in the court of common pleas of Franklin county against any person who that has violated or is violating any order issued by the commission to secure compliance with a provision of this chapter. The court of common pleas of Franklin county has jurisdiction to and may grant preliminary and permanent injunctive relief upon a showing that the person against whom the action is brought has violated or is violating any order issued by the commission to secure compliance with this chapter. The court shall give precedence to such an action over all other cases.
(B) The amount of any forfeiture may be compromised at any time prior to collection of the forfeiture. The commission shall adopt rules governing the manner in which the amount of a forfeiture may be established by agreement prior to the hearing on the forfeiture before the commission.
(C) The proceedings of the commission specified in division (A) of this section are subject to and governed by Chapter 4903. of the Revised Code, except as otherwise specifically provided in this section. The court of appeals of Franklin county has exclusive, original jurisdiction to review, modify, or vacate an order of the commission issued to secure compliance with a provision of this chapter and an order issued under division (A)(1) of this section assessing a forfeiture. The court of appeals shall hear and determine those appeals in the same manner, and under the same standards, as the supreme court hears and determines appeals under Chapter 4903. of the Revised Code.
The judgment of the court of appeals is final and conclusive unless reversed, vacated, or modified on appeal. Such appeals may be taken either by the commission or the person to whom the compliance order or forfeiture assessment was issued and shall proceed as in the case of appeals in civil actions as provided in the Rules of Appellate Procedure and Chapter 2505. of the Revised Code.
(D) Section 4903.11 of the Revised Code does not apply to an appeal of an order issued to secure compliance with this chapter or an order issued under division (A)(1) of this section assessing a forfeiture. Any person to whom any such order is issued who wishes to contest the compliance order, the fact of the violation, or the amount of the forfeiture shall file a notice of appeal, setting forth the order appealed from and the errors complained of, within sixty days after the entry of the order upon the journal of the commission. The notice of appeal shall be served, unless waived, upon the chairman chairperson of the commission or, in the event of his the chairperson's absence, upon any public utilities commissioner, or by leaving a copy at the office of the commission at Columbus. An order issued by the commission to secure compliance with a provision of this chapter or an order issued under division (A)(1) of this section assessing a forfeiture shall be reversed, vacated, or modified on appeal if, upon consideration of the record, the court is of the opinion that the order was unlawful or unreasonable.
Sec. 4923.01.  As used in sections 4923.01 to 4923.17, inclusive, of the Revised Code this chapter:
(A) "Public utility" has the same meaning set forth as in section 4905.02 of the Revised Code.
(B) "Telegraph company," "telephone company," "electric light company," "gas company," "natural gas company," "pipe-line company," "water-works company," "sewage disposal system company," "heating or cooling company," "messenger company," "street railway company," "suburban railroad company," "interurban railroad company," and "motor-propelled Motor-propelled vehicle" have has the same meaning set forth as in section 4905.03 of the Revised Code.
(C) "Railroad" has the meaning set forth in section 4907.02 of the Revised Code.
(D) "Motor transportation company" has the same meaning set forth as in sections section 4905.03 and 4921.02 of the Revised Code.
(E)(D) "Trailer," "public highway," "fixed termini," and "regular route," and "irregular route" have the meaning set forth same meanings as in section 4921.02 of the Revised Code.
(E) "Towing company" has the same meaning as in section 4921.45 of the Revised Code.
Sec. 4923.02.  As used in sections 4923.01 to 4923.17 of the Revised Code:
(A) "Private motor carrier" or "contract carrier by motor vehicle" includes every corporation, company, association, joint-stock association, person, firm, or copartnership, their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court, not included in the definition under section 4921.02 of the Revised Code, when engaged in the business of private carriage of persons or property, or both, or of providing or furnishing such transportation service, for hire, in or by motor-propelled vehicles of any kind, including trailers, over any public highway in this state, but does not include any corporation, company, association, joint-stock association, person, firm, or copartnership, their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court:
(1) Engaged or proposing to engage, directly or indirectly, as a private owner or operator of motor vehicles employed or used by a private motor carrier, or by a motor transportation company as defined in section 4921.02 of the Revised Code;
(2) Insofar as they are engaged in the not-for-hire transportation of persons in church buses as defined in section 4503.07 of the Revised Code or the transportation of property, or both, when either transportation is performed exclusively within the territorial limits of a municipal corporation or within such limits and the territorial limits of municipal corporations immediately contiguous to such municipal corporations;
(3) Engaged in the transportation of persons in taxicabs in the usual taxicab business;
(4)(2) Engaged in the transportation of pupils in school busses operating to or from school sessions or school events;
(5)(3) Engaged, as a motor transportation company holding a certificate of public convenience and necessity for the transportation of persons, in the carriage of persons in emergency or additional motor vehicles on charter party trips to or from any point within the county or counties in or through which such motor transportation company provides regular route scheduled service, provided that such use of such emergency or additional motor vehicle is reported and the tax paid as prescribed by the public utilities commission by general rule or temporary order;
(6)(4) Engaged in the transportation of farm supplies to the farm or farm products from farm to market;
(7)(5) Engaged in the operation of motor vehicles for contractors on public road work;
(8)(6) Engaged in the transportation of newspapers;
(9)(7) Engaged in the transportation of crude petroleum incidental to gathering from wells and delivery to destination by pipe line;
(10)(8) Engaged in the or proposing to engage as a towing of disabled or wrecked motor vehicles company;
(11)(9) Engaged in the transportation of injured, ill, or deceased persons by hearse or ambulance;
(12)(10) Engaged in transportation of compost (a combination of manure and sand or shredded bark mulch) or shredded bark mulch;
(13)(11) Engaged in the transportation of persons in a ridesharing arrangement when any fee charged each person so transported is in such amount as to recover only the person's share of the costs of operating the motor vehicle for such purpose.
(B) "Motor vehicle" includes any automobile, automobile truck, tractor, trailer, semitrailer, motor bus, or any other self-propelled vehicle not operated or driven upon fixed rails or tracks.
(C) "Charter party trip" means the carriage of persons in one or more motor vehicles under a special contract for the exclusive use of each such vehicle for each trip, which contract shall not provide for continuing operations between the same termini, and which operation shall in no event become regular. The limitations of section 4921.18 and any other sections of the Revised Code as to the seating capacity of such emergency or additional motor vehicles operated by a motor transportation company do not apply to charter party trips.
(D) "Ridesharing arrangement" has the same meaning as in section 4921.02 of the Revised Code.
Sec. 4923.03.  The public utilities commission may:
(A) Supervise and regulate each private motor carrier in this state;
(B) Prescribe reasonable safety rules;
(C) Prescribe safety rules applicable to the transportation and offering for transportation of hazardous materials in intrastate commerce within this state by a private motor carrier or a contract carrier by motor vehicle. The rules shall be consistent with, and equivalent in scope, coverage, and content to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted under it. No person shall violate a rule adopted under this division or an order of the commission issued to secure compliance with any such rule.
(D) Prescribe reasonable rules for the administration and enforcement of this chapter and Chapters 4901., 4903., 4905., 4907., 4909., and 4921. of the Revised Code applying to each such contract carrier by motor vehicle in this state;
(E) Require the filing of such annual and other reports as the commission prescribes;
(F) Supervise and regulate the operation of private motor carriers to the exclusion of all local authorities in this state except as provided in this section.
In the exercise of the jurisdiction conferred upon it by those chapters, the commission may prescribe rules affecting private motor carriers that are not towing companies as defined in section 4921.45 of the Revised Code, notwithstanding any ordinance, resolution, license, or permit enacted, adopted, or granted by any township, municipal corporation, municipal corporation and county, or county. In case of conflict between any such ordinance, resolution, license, or permit, the order or rule of the commission shall prevail. Local Except as to towing companies as defined in section 4921.45 of the Revised Code, local subdivisions may make reasonable local police rules applicable within their respective boundaries to private motor carriers and not inconsistent with sections 4921.18, 4921.30, 4921.32, and 4923.02 to 4923.17 of the Revised Code.
The commission has jurisdiction to receive, hear, and determine as a question of fact, upon complaint of any party or upon its own motion, and upon not less than fifteen days' notice of the time and place of the hearing and the matter to be heard, whether any corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court, is engaged as a private motor carrier. The finding of the commission on such a question is a final order that may be reviewed as provided in section 4923.10 of the Revised Code.
Sec. 4923.04.  No private motor carrier shall operate any motor vehicle for the transportation of persons or property, or both, for hire, on any public highway in this state except in accordance with Chapters 4901., 4903., 4905., 4907., 4909., 4921., and 4923., and 4925. of the Revised Code. No such private motor carrier shall continue or commence its operation as such in this state without obtaining a permit from the public utilities commission as provided in sections section 4923.05 to 4923.07, inclusive, of the Revised Code.
Sec. 4923.05.  The public utilities commission shall adopt rules prescribing the manner and form in which private motor carriers shall apply for permits. Among other things, such rules shall provide that such applications shall:
(A) Be made in writing on blanks furnished by the commission;
(B) Show the principal office or place of business of such private motor carrier;
(C) Contain full information concerning the number, kind, and capacity of motor vehicles used or to be used by the applicant;
(D) Contain the names of the persons, firms or corporations, and their addresses, with whom the applicant has contracted or proposes to contract as a private motor carrier;
(E) Have attached to and made a part of such application an affidavit signed by each such person, firm, or corporation so named by and proposing to employ the applicant as its private contract carrier by motor vehicle, which affidavit shall be in the form prescribed by the commission and shall evidence that a bona fide special contract of carriage in writing has been entered into and signed by the applicant and each such employer, which contract is effective only upon the granting by the commission of the permit sought or required;
(F) Be accompanied by such contract, or any change or modification of such contract, duly executed by the applicant and each such person, firm, or corporation employing or proposing to employ the applicant, which contract, among other things, shall be bilateral, shall specify the transportation service to be rendered for the contracting party employing such carrier provided such transportation service shall not include transportation from possession or control for the purposes of storage or transportation by the contracting party, the full compensation to be paid to the applicant for its services, and the basis upon which such rates and charges are computed, shall provide for a series of shipments during a stated period of time, and shall provide that the full compensation for the services rendered or proposed to be rendered under such contract shall be paid to such contract carrier by motor vehicle by the other contracting party.
Section 2. That existing sections 4513.60, 4901.01, 4903.01, 4905.01, 4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 4921.36, 4921.99, 4923.01, 4923.02, 4923.03, 4923.04, and 4923.05 and sections 4921.30, 4923.06, and 4923.07 of the Revised Code are hereby repealed.
Section 3. A towing company as defined in section 4921.45 of the Revised Code as enacted by this act and operating in this state pursuant to a certificate or permit issued prior to the effective date of this section by the Public Utilities Commission under sections 4921.01 to 4921.32 or 4923.01 to 4923.17 of the Revised Code may continue to engage in such business under the terms and conditions of the certificate or permit, provided that the company files an application with the Commission for a certificate in accordance with sections 4921.45 to 4921.55 of the Revised Code not later than one month after the effective date of the order issued by the Commission under section 4921.48 of the Revised Code. The company may continue to engage in such business under its existing certificate or permit until the later of the last day of that month or the effective date of the Commission's approval or disapproval of the company's application. On the applicable date, the company's existing certificate or permit expires by operation of law. Nothing in this section or in the terms or conditions of an existing certificate or permit affects the right of another person to apply for, or the authority of the Commission to grant to such person, as of the effective date of the order, a certificate under sections 4921.45 to 4921.55 of the Revised Code.
Section 4. A towing company as defined in section 4921.45 of the Revised Code as enacted by this act and operating in this state prior to the effective date of the Commission's order issued under section 4921.48 of the Revised Code, and that was exempt from regulation by the Commission pursuant to division (A)(2) of section 4921.02 or division (A)(2) or (10) of section 4923.02 of the Revised Code, as those sections existed prior to the effective date of this section, may continue to so engage in that business, provided the company files an application with the Commission for a certificate in accordance with sections 4921.45 to 4921.55 of the Revised Code not later than 90 days after the effective date of the order issued by the Commission under section 4921.48 of the Revised Code. The company may continue to engage in such business under its existing exemption until the effective date of the Commission's approval or disapproval of the company's application.
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