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As used in this chapter:
(a) "Alcohol concentration." The concentration of alcohol in a person's blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following:
(1) 100 milliliters of whole blood, blood serum, or blood plasma;
(2) 210 liters of breath;
(3) 100 milliliters of urine.
(b) "Commercial driver's license." A license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.
(c) "Commercial driver's license information system." The information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C. App. 2701.
(d) "Commercial motor vehicle." Except when used in Ohio R.C. 4506.25, any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a combined gross vehicle weight rating of 26,001 pounds or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
(2) Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;
(3) Any single vehicle or combination of vehicles that is not a Class A or Class B vehicle, but is designed to transport 16 or more passengers including the driver;
(4) Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than 16 passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under 49 C.F.R. Part 172, Subpart F, as amended; or
(6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
(e) "Controlled substance." Includes all of the following:
(1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C. 802(6), as amended;
(2) Any substance included in Schedules I through V of 21 C.F.R. Part 1308, as amended;
(3) Any drug of abuse.
(f) "Conviction." An unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.
(g) "Disqualification." Means any of the following:
(1) The suspension, revocation, or cancellation of a person’s privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of State or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;
(3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.
(h) "Drive." To drive, operate or be in physical control of a motor vehicle.
(i) "Driver." Any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license.
(j) "Driver's license." A license issued by the Bureau of Motor Vehicles that authorizes an individual to drive.
(k) "Drug of abuse." Any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.
(l) "Eligible unit of local government." A village, township, or county that has a population of not more than 3,000 persons according to the most recent Federal census.
(m) "Employer." Any person, including the Federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.
(n) "Endorsement." An authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle.
(o) "Farm truck." A truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than 150 miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than 150 miles, of supplies for the farm, including tile, fence and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this definition and is not used in the operations of a motor transportation company or private motor carrier.
(p) "Fatality." The death of a person as the result of a motor vehicle accident occurring not more than 365 days prior to the date of death.
(q) "Felony." Any offense under Federal or state law that is punishable by death or imprisonment for a term exceeding one year and includes any offense specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.
(r) "Foreign jurisdiction." Any jurisdiction other than a state.
(s) "Gross vehicle weight rating." The value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.
(t) "Hazardous materials." Any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under 49 C.F.R. part 172, Subpart F or any quantity of a material listed as a select agent or toxin in 42 C.F.R. Part 73, as amended.
(u) "Imminent hazard." The existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of death, illness, injury, or endangerment.
(v) "Motor vehicle." A vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.
(w) "Out-of-service order." A declaration by an authorized enforcement officer of a Federal, State, local, Canadian, or Mexican jurisdiction declaring that the driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
(x) "Peace officer." Has the same meaning as in Ohio R.C. 2935.01.
(y) "Portable tank." A liquid or gaseous packaging designed primarily to be loaded on or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means.
(z) "Public safety vehicle." Has the same meaning as in Ohio R.C. 4511.01(E)(1) and (E)(3).
(aa) "Recreational vehicle." Includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.
(bb) "Residence." Any person's residence determined in accordance with standards prescribed in the rules adopted by the Registrar.
(cc) "School bus." Has the same meaning as in Ohio R.C. 4511.01.
(dd) "Serious traffic violation." A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of Ohio R.C. 4506.03 or a conviction arising from the operation of any motor vehicle that involves any of the following:
(1) A single charge of any speed in excess of the posted speed limit by 15 miles per hour or more;
(2) Violations of Ohio R.C. 4511.20 or 4511.201 or any substantially equivalent ordinance or resolution, or of any substantially equivalent law of another state or political subdivision of another state;
(3) Violation of a law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, or of any substantially equivalent law of another state or political subdivision of another state, that results in a fatal accident;
(4) Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported;
(5) Violation of Ohio R.C. 4506.03 or a substantially equivalent municipal ordinance or county or township resolution, or of any substantially equivalent law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver’s license being in the person’s possession;
(6) Violation of Ohio R.C. 4511.33 or 4511.34, or any municipal ordinance or county or township resolution substantially equivalent to either of those sections, or any substantially equivalent law of another state or political subdivision of another state;
(7) Violation of any other law of this State or an ordinance or resolution relating to traffic control, other than a parking violation, that is determined to be a serious traffic violation by the United States Secretary of Transportation and the Ohio Director of Public Safety designates as such by rule.
(ee) "State." A state of the United States and includes the District of Columbia.
(ff) "Tank vehicle." Any commercial motor vehicle that is designed to transport any liquid and has a maximum capacity greater than 119 gallons or is designed to transport gaseous materials and has a water capacity greater than 1,000 pounds within a tank that is either permanently or temporarily attached to the vehicle or its chassis. "Tank vehicle" does not include any of the following:
(1) Any portable tank having a rated capacity of less than 1,000 gallons;
(2) Tanks used exclusively as a fuel tank for the motor vehicle to which it is attached;
(3) An empty storage container tank that is not designed for transportation and that is readily distinguishable from a transportation tank;
(4) Ready-mix concrete mixers.
(gg) "Tester." Means a person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09(B).
(hh) "United States." Means the 50 states and the District of Columbia.
(ii) "Vehicle." Has the same meaning as in Ohio R.C. 4511.01.
(ORC 4506.01)
For purposes of this chapter, the actual gross weight of a vehicle or combination of vehicles may be used in lieu of a gross vehicle weight rating to determine whether a vehicle or combination of vehicles qualifies as a commercial motor vehicle if the gross vehicle weight rating specified by the manufacturer for the vehicle of combination of vehicles is not determinable, or if the manufacturer of the vehicle has not specified a gross vehicle weight rating.
(ORC 4506.011)
(a) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having in the person's possession or otherwise under the person's control more than one valid driver's license issued by this state, any other state, or by a foreign jurisdiction;
(2) Drive a commercial motor vehicle on a highway in this Municipality in violation of an out-of-service order while the person's driving privilege is suspended, revoked, or cancelled, or while the person is subject to disqualification;
(3) Drive a motor vehicle on a highway in the Municipality under the authority of a commercial driver's license issued by another state or a foreign jurisdiction, after having been a resident of this State for 30 days or longer;
(4) Knowingly give false information in any application or certification required by Ohio R.C. 4506.07.
(b) The Municipality shall give every conviction occurring out of this State and notice of which was received by the State Department of Public Safety after December 31, 1989, full faith and credit and treat it for sanctioning purposes under this chapter as though the conviction had occurred in this State.
(ORC 4506.04(A), (B))
(c) No person shall drive any commercial motor vehicle for which an endorsement is required under Ohio R.C. 4506.12 unless the proper endorsement appears on the persons’s commercial driver’s license.
(ORC 4506.12(E))
(d) (1) Whoever violates division (a)(1), (2) or (3) of this section is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (a)(4) of this section is guilty of falsification, a misdemeanor of the first degree. In addition, the provisions of Ohio R.C. 4507.19 apply.
(ORC 4506.04(C))
(3) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree.
(ORC 4506.12(F))
(a) No person who holds a valid commercial driver's license shall drive a commercial motor vehicle unless the person is physically qualified to do so. Each person who drives or expects to drive a commercial motor vehicle in interstate or foreign commerce or is otherwise subject to 49 C.F.R. 391 et seq., as amended, shall certify to the Registrar of Motor Vehicles at the time of application for a commercial driver's license that the person is in compliance with these standards. Any person who is not subject to 49 C.F.R. 391 et seq., as amended, shall also certify at the time of application that the person is not subject to these standards.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.10(A), (E))
(a) No person shall do any of the following:
(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in the person's blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol concentration of 0.04% or more by whole blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol concentration of .048% or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of .056% or more by urine;
(5) Drive a motor vehicle while under the influence of a controlled substance;
(6) Use a vehicle in the commission of a felony;
(7) Refuse to submit to a test under Ohio R.C. 4506.17;
(8) Operate a commercial motor vehicle while the person's commercial driving privileges are revoked, suspended, cancelled, or disqualified;
(9) Cause a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
(10) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in Ohio R.C. 3719.01 or the possession with intent to manufacture, distribute, or dispense a controlled substance;
(11) Drive a commercial motor vehicle in violation of any provision of Ohio R.C. 4511.61 to 4511.63 or any Federal or local law or ordinance pertaining to railroad-highway grade crossings;
(12) Violate any prohibition described in divisions (a)(2) to (a)(11) of this section while transporting hazardous materials.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.15)
Statutory reference:
Alcohol or controlled substance testing, disqualification of drivers, see Ohio R.C. 4506.17
Disqualification of drivers for violations, see Ohio R.C. 4506.16
(a) The provisions of 49 C.F.R. 383, Subpart C (Notification Requirements and Employer Responsibilities), as amended, shall apply to all commercial drivers or persons who apply for employment as commercial drivers. No person shall fail to make a report to the person's employer as required by this section.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4506.19)
(a) Each employer shall require every applicant for employment as a driver of a commercial vehicle to provide the applicant's employment history for the 10 years preceding the date the employment application is submitted to the prospective employer. The following information shall be submitted:
(1) A list of the names and addresses of the applicant's previous employers for which the applicant was the operator of a commercial motor vehicle;
(2) The dates the applicant was employed by these employers;
(3) The reason for leaving each of these employers.
(b) No employer shall knowingly permit or authorize any driver employed by the employer to drive a commercial motor vehicle during any period in which any of the following apply:
(1) The driver's commercial driver's license is suspended, revoked, or cancelled by any state or a foreign jurisdiction;
(2) The driver has lost the privilege to drive, or currently is disqualified from driving, a commercial motor vehicle in any state or foreign jurisdiction;
(3) The driver, the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order in any state or a foreign jurisdiction;
(4) The driver has more than one driver's license.
(c) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of Ohio R.C. 4506.15.
(d) Whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the first degree.
(e) Whoever violates division (c) of this section is guilty of a felony to be prosecuted under appropriate State law.
(ORC 4506.20)
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