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Sub. S. B. No. 187 As Enrolled
(129th General Assembly)
(Substitute Senate Bill Number 187)
AN ACT
To amend sections 5533.374, 5577.042, and 5577.043
and to enact sections 5533.622 and 5533.623 of the
Revised Code to designate a portion of United
States Route 322 within Geauga County only the
"Chief Warrant Officer Christopher R. Thibodeau
Memorial Highway," to designate a portion of
Interstate Route 71 within Franklin County only
the "Deputy Marty Martin Memorial Highway," to
rename the "Heath Warner Memorial Highway" the
"U.S.M.C. Pvt. Heath Warner Memorial Highway," to
establish maximum wheel and axle load limits for
vehicles subject to vehicle weight allowances, and
to declare an emergency in regard to those
sections establishing the maximum wheel and axle
load limits.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 5533.374, 5577.042, and 5577.043 be
amended and sections 5533.622 and 5533.623 of the Revised Code be
enacted to read as follows:
Sec. 5533.374. In addition to the designation in section
5533.37 of the Revised Code, that portion of the road known as
interstate route number seventy-seven, commencing at the
intersection of that interstate route and state route number eight
hundred and proceeding in a northerly direction to the
intersection of that interstate route and Dressler road within
Stark county only, shall be known as the "U.S.M.C. Pvt. Heath
Warner Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5533.622. That portion of the road known as United
States route number three hundred twenty-two, commencing at the
boundary of Cuyahoga and Geauga counties and proceeding in an
easterly direction to caves road within the community of
Chesterland in Geauga county, shall be known as the "Chief Warrant
Officer Christopher R. Thibodeau Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5533.623. In addition to any other name prescribed in
the Revised Code or otherwise, that portion of the highway known
as interstate route number seventy-one, running in a northerly and
southerly direction within southern Franklin county, between the
intersection of that highway and interstate route number two
hundred seventy and the intersection of that highway and
Stringtown road, shall be known as the "Deputy Marty Martin
Memorial Highway."
The director of transportation may erect suitable markers
along the highway indicating its name.
Sec. 5577.042. (A) As used in this section:
(1) "Farm machinery" has the same meaning as in section
4501.01 of the Revised Code.
(2) "Farm commodities" includes livestock, bulk milk, corn,
soybeans, tobacco, and wheat.
(3) "Farm truck" means a truck used in the transportation
from a farm of farm commodities when the truck is operated in
accordance with this section.
(4) "Log truck" means a truck used in the transportation of
timber from the site of its cutting when the truck is operated in
accordance with this section.
(5) "Coal truck" means a truck transporting coal from the
site where it is mined when the truck is operated in accordance
with this section.
(6) "Solid waste" has the same meaning as in section 3734.01
of the Revised Code.
(7) "Solid waste haul vehicle" means a vehicle hauling solid
waste for which a bill of lading has not been issued.
(B)(1) Notwithstanding sections 5577.02 and 5577.04 of the
Revised Code, the following vehicles under the described
conditions may exceed by no more than seven and one-half per cent
the weight provisions of sections 5577.01 to 5577.09 of the
Revised Code and no penalty prescribed in section 5577.99 of the
Revised Code shall be imposed:
(a) A coal truck transporting coal, from the place of
production to the first point of delivery where title to the coal
is transferred;
(b) A farm truck or farm machinery transporting farm
commodities, from the place of production to the first point of
delivery where the commodities are weighed and title to the
commodities is transferred;
(c) A log truck transporting timber, from the site of its
cutting to the first point of delivery where the timber is
transferred;
(d) A solid waste haul vehicle hauling solid waste, from the
place of production to the first point of delivery where the solid
waste is disposed of or title to the solid waste is transferred.
(2) In addition, if any of the vehicles listed in division
(B)(1) of this section and operated under the conditions described
in that division does not exceed by more than seven and one-half
per cent the gross vehicle weight provisions of sections 5577.01
to 5577.09 of the Revised Code, no and does not exceed the wheel
or axle-load limits shall apply and of those sections by more than
seven and one-half per cent, no penalty prescribed in section
5577.99 of the Revised Code for a wheel or axle overload shall be
imposed.
(C) If any of the vehicles listed in division (B)(1) of this
section and operated under the conditions described in that
division exceeds by more than seven and one-half per cent the
weight provisions of sections 5577.01 to 5577.09 of the Revised
Code by more than the percentage allowance of either division
(B)(1) or (2) of this section, both of the following apply without
regard to the seven and one-half per cent allowance provided by
division (B)(1) or (2) of this section:
(1) The applicable penalty prescribed in section 5577.99 of
the Revised Code;
(2) The civil liability imposed by section 5577.12 of the
Revised Code.
(D)(1) Division (B) of this section does not apply to the
operation of a farm truck, log truck, or farm machinery
transporting farm commodities during the months of February and
March.
(2) Regardless of when the operation occurs, division (B) of
this section does not apply to the operation of a vehicle on
either of the following:
(a) A highway that is part of the interstate system;
(b) A highway, road, or bridge that is subject to reduced
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,
5577.09, or 5591.42 of the Revised Code.
Sec. 5577.043. (A) Notwithstanding sections 5577.02 and
5577.04 of the Revised Code, the following vehicles under the
described conditions may exceed by no more than five seven and
one-half per cent the weight provisions of sections 5577.01 to
5577.09 of the Revised Code and no penalty prescribed in section
5577.99 of the Revised Code shall be imposed:
(1) A surface mining truck transporting minerals from the
place where the minerals are loaded to any of the following:
(a) The construction site where the minerals are discharged;
(b) The place where title to the minerals is transferred;
(c) The place of processing.
(2) A vehicle transporting hot mix asphalt material from the
place where the material is first mixed to the paving site where
the material is discharged;
(3) A vehicle transporting concrete from the place where the
material is first mixed to the site where the material is
discharged;
(4) A vehicle transporting manure, turf, sod, or silage from
the site where the material is first produced to the first place
of delivery;
(5) A vehicle transporting chips, sawdust, mulch, bark,
pulpwood, biomass, or firewood from the site where the product is
first produced or harvested to the first point where the product
is transferred.
(B) In addition, if any of the vehicles listed in division
(A) of this section and operated under the conditions described in
that division does do not exceed by more than five seven and
one-half per cent the gross vehicle weight provisions of sections
5577.01 to 5577.09 of the Revised Code, no and do not exceed the
wheel or axle load limits shall apply and of those sections by
more than seven and one-half per cent, no penalty prescribed in
section 5577.99 of the Revised Code for a wheel or axle overload
shall be imposed.
(C) If any of the vehicles listed in division (A) of this
section and operated under the conditions described in that
division exceeds by more than five per cent exceed the weight
provisions of sections 5577.01 to 5577.09 of the Revised Code by
more than the percentage allowance of either division (A) or (B)
of this section, both of the following apply without regard to the
allowance provided by division (A) or (B) of this section:
(1) The applicable penalty prescribed in section 5577.99 of
the Revised Code;
(2) The civil liability imposed by section 5577.12 of the
Revised Code.
(D) Divisions (A) and (B) of this section do not apply to the
operation of a vehicle listed in division (A) of this section on
either of the following:
(1) A highway that is part of the interstate system;
(2) A highway, road, or bridge that is subject to reduced
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,
5577.09, or 5591.42 of the Revised Code.
SECTION 2. That existing sections 5533.374, 5577.042, and
5577.043 of the Revised Code are hereby repealed.
SECTION 3. Sections 5577.042 and 5577.043 of the Revised
Code as amended by this act are hereby declared to be emergency
measures necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
unrestricted wheel and axle load limits imperil the structural
integrity of bridges throughout the state, posing imminent danger
to all users. Therefore, sections 5577.042 and 5577.043 of the
Revised Code as amended by this act shall go into immediate
effect.
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