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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)
(a) Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, without obtaining a warrant. When there is reasonable ground to believe that a violation of Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, has been committed and a test or tests of the person's whole blood, blood plasma or blood serum, breath or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in Ohio R.C. 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of 0.04% or more, by whole blood or breath, an alcohol concentration of .048% or more by blood serum or blood plasma, or an alcohol concentration of .056% or more by urine, the peace officer shall require that the person immediately surrender the person's commercial driver's license to the peace officer.
(b) As used in this section, "jurisdictional limits" means the limits within which a peace officer may arrest and detain a person without a warrant under Ohio R.C. 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of this subchapter or Ohio R.C. Chapter 4506.
(ORC 4506.23)
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