130th Ohio General Assembly
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H. B. No. 82  As Introduced
As Introduced

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


Representatives Grossman, Boose 

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



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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4923.50, 4923.51, and 4923.52 of the Revised Code be enacted to read as follows:
Sec. 4923.50.  As used in sections 4923.51 and 4923.52 of the Revised Code:
(A) "Gross weight" means gross vehicle weight, gross vehicle weight rating, gross combination weight, or gross combination weight rating.
(B) "Hazardous materials regulations" means 49 C.F.R. 107, subparts F and G only, 171 to 173, 177, 178, and 180.
(C) "Motor vehicle" has the same meaning as in section 4923.02 of the Revised Code.
(D) "Private motor carrier" has the same meaning as in section 4923.02 of the Revised Code, except that it includes both those operating on a for-hire basis, and those operating on a not-for-hire basis.
Sec. 4923.51.  (A) A motor vehicle to which all of the following apply is exempt from any provision of the Code of Federal Regulations adopted or enforced by the public utilities commission under this chapter:
(1) The vehicle is operated within this state in intrastate commerce.
(2) The vehicle is operated by a private motor carrier.
(3) The gross weight of the vehicle does not exceed twenty-six thousand and one pounds.
(4) The vehicle is not designed or used to transport sixteen or more people, including the driver.
(5) The vehicle does not transport any type or amount of hazardous material, as described in 49 C.F.R. 172, as amended.
(B) A motor vehicle to which divisions (A)(1) to (4) of this section apply and that transports hazardous material not requiring a placard under 49 C.F.R. 172, subpart F, as amended, is exempt from compliance with any provision of the Code of Federal Regulations adopted or enforced by the commission under this chapter, except for the hazardous materials regulations.
Sec. 4923.52.  The exemptions in section 4923.51 of the Revised Code, including the exception under division (B) of that section, apply to any person or entity that owns, operates, or takes any other action in connection with a motor vehicle described in section 4923.51 of the Revised Code.
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