The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 425 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
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.
|
|