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(A) No person shall issue or aid in issuing any bill of lading or other document of like nature in lieu thereof, which bill or document is to accompany a shipment of goods or property by truck, trailer, semitrailer, commercial tractor, or any other commercial vehicle used for the transportation of property, the gross weight of which, with load, exceeds three tons, with intent to defraud by misrepresentation thereon the weight of such goods or property to be so transported.
(B) Any driver or operator of a commercial car, trailer or semitrailer may obtain from any person, firm, partnership, corporation or association including the owner, lessee or operator of such commercial car, trailer or semitrailer, owning and operating sealed scales in this state, a written "statement of gross vehicle weight" showing the gross weight of the vehicle including the cargo on the vehicle, the name and address of the person issuing the statement, and the date and place where the vehicle and its cargo were weighed. The driver or operator of the commercial car, trailer or semitrailer shall retain such statement of gross vehicle weight on his or her person, and any law enforcement officer of this state may request that such driver or operator exhibit it to him or her. If, upon examining the statement of gross vehicle weight, the law enforcement officer has reason to believe that the information contained therein is correct in every respect, he or she shall endorse it with his name and the date and place where it was exhibited to him or her. The law enforcement officer may then permit such driver or operator to proceed without weighing by law enforcement officer of this state. No person shall willfully issue a written statement of gross vehicle weight and knowingly give any false information in such statement.
(R.C. § 5577.10) (Ord. 2-1998, passed 2-4-98)
(C) Whoever violates division (A) of this section shall be fined not more than $5,000 or imprisoned for not less than 30 days nor more than six months, or both.
(R.C. § 5577.99(D))
(A) No person shall drive or operate, or cause to be driven or operated, any commercial car, trailer, or semitrailer, used for the transportation of goods or property, the gross weight of which, with load, exceeds three tons, upon the public highways, streets, bridges, and culverts within the municipality, unless such vehicle is equipped with suitable metal protectors or substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles to prevent, as far as practicable, the wheels from throwing dirt, water, or other materials on the windshields of following vehicles. Such protectors or flaps shall have a ground clearance of not more than one-third of the distance from the center of the rearmost axle to the center of the flaps under any conditions of loading of the vehicle, and they shall be at least as wide as the tires they are protecting. If the vehicle is so designed and constructed that such requirements are accomplished by means of fenders, body construction, or other means of enclosure, then no such protectors or flaps are required. Rear wheels not covered at the top by fenders, bodies, or other parts of the vehicle shall be covered at the top by protective means extending at least to the center line of the rearmost axle.
(R.C. § 5577.11)
(B) Whoever violates this section shall be fined not more than $25.
(R.C. § 5577.99(E))
Any person violating any law relating to or regulating the use of the improved public roads shall be liable for all damage resulting to any such street, highway, bridge or culvert by reason of such violation. In case of any damage to such a street, highway, bridge or culvert, such monetary damages shall be collected by civil action, brought in the name of the city, on the relation of the Director of Transportation or the City Manager, or his designee, with respect to highways under their jurisdiction, and the Law Director shall institute such action, when requested by the City Manager, or his designee, and prosecute it to final judgment. In case of any damage to an improved public road, bridge or culvert of the city, by reason of the violations of any of the rules or regulations made by the City Manager, or his designee, the monetary damages may be recovered by a civil action prosecuted by the City Manager, or his designee.
(R.C. § 5577.12) (Ord. 2-1998, passed 2-4-98)
(A) As used in this section:
COAL TRUCK.
A truck transporting coal from the site where it is mined when the truck is operated in accordance with this section.
FARM COMMODITIES.
Includes live-stock, bulk milk, corn, soybeans, tobacco and wheat.
FARM MACHINERY.
Has the same meaning as in R.C. § 4501.01.
FARM TRUCK.
A truck used in the transportation from a farm of farm commodities when the truck is operated in accordance with this section.
LOG TRUCK.
A truck used in the transportation of timber from the site of its cutting when the truck is operated in accordance with this section.
SOLID WASTE.
Has the same meaning as in R.C. § 3743.01.
SOLID WASTE HAUL VEHICLE.
A vehicle hauling solid waste for which a bill of lading has not been issued.
(B) (1) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, the following vehicles under the described conditions may exceed by no more than 7.5% the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, 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 7.5% the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and does not exceed the wheel or axle-load limits of those sections by more than 7.5%, no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, 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 the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the percentage allowance of either divisions (B)(1) or (B)(2) of this section, both of the following apply without regard to the allowance provided by this division (B) of this section:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(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 R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.042)
(E) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, the following vehicles under the described conditions may exceed by no more than 7.5% the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, 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 first point where the product is transferred.
(F) In addition, if any of the vehicles listed in division (E) of this section and operated under the conditions described in that division do not exceed by more than 7.5% the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, and do not exceed the wheel or axle-load limits of those sections by more than 7.5%, no penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance, for a wheel or axle overload shall be imposed.
(G) If any of the vehicles listed in division (E) of this section and operated under the conditions described in that division exceed the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the percentage allowance of either divisions (E) or (F) of this section, both of the following apply without regard to the allowance provided by division (E) or (F) of this section:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(H) Divisions (E) and (F) of this section do not apply to the operation of a vehicle listed in division (E) 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 R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.043)
(I) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, a vehicle fueled solely by compressed natural gas or liquid natural gas may exceed by not more than 2,000 pounds the gross vehicle weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, or the axle load limits of those sections.
(J) If a vehicle described in division (I) of this section exceeds the weight provisions of R.C. §§ 5577.01 to 5577.09, or any substantially equivalent municipal ordinance, by more than the allowance provided for in division (I) of this section, both of the following apply:
(1) The applicable penalty prescribed in R.C. § 5577.99, or any substantially equivalent municipal ordinance;
(2) The civil liability imposed by R.C. § 5577.12, or any substantially equivalent municipal ordinance.
(K) Division (I) of this section does not apply to the operation of a vehicle on a highway, road, or bridge that is subject to reduced maximum weights under R.C. § 4513.33, 5577.07, 5577.071, 5577.08, 5577.09, or 5591.42, or any substantially equivalent municipal ordinance.
(R.C. § 5577.044)
(L) Fire engine weight exemptions.
(1) As used in this division (L), FIRE ENGINE means a fire engine, fire truck, or other vehicle or apparatus belonging to or used by any municipal, township, or volunteer fire department, while in the discharge of its functions.
(2) Notwithstanding R.C. §§ 5577.02 and 5577.04, or any substantially equivalent municipal ordinance, a person may do both of the following without a written permit issued under R.C. § 4513.34, or any substantially equivalent municipal ordinance:
(a) Operate a two-axle fire engine, with a front axle maximum weight of 24,000 pounds and a rear axle maximum weight of 33,500 pounds and a minimum wheelbase of 15 feet, on all roadways in the state;
(b) Operate a fire engine with a maximum gross vehicle weight of 86,000 pounds on the interstate highway system and within one road mile of an interstate highway system entrance or exit ramp.
(3) Notwithstanding R.C. § 4513.34, or any substantially equivalent municipal ordinance, for any fire engine that requires a permit, the Ohio Director of Transportation or local authority shall do both of the following:
(a) Issue the permit at no cost to the municipal, township, or volunteer fire department;
(b) Issue a permit that expires five years after the date of issuance.
(R.C. § 5577.045)
COMMERCIAL, HEAVY AND PUBLIC VEHICLES
(A) Motor transportation companies. In order for a motor transportation company to commence or continue its operations within or through the corporate limits of the city it shall first obtain from the Public Utilities Commission of Ohio a certificate declaring that public convenience and necessity require such operation. No person shall conduct such operations without having first obtained such certificate.
(B) Motor carrier registration. No motor carrier shall operate motor vehicles upon any public highway in interstate commerce pursuant to interstate authority until the motor carrier has registered the interstate authority with the Public Utilities Commission of Ohio, has paid the appropriate filing fee as provided under state law, and has issued an acknowledgment by the Commission which shall remain in effect until amended, suspended, cancelled or revoked. The interstate authority shall be registered, and acknowledgments shall be issued in a manner to be prescribed by the Commission.
(1) No motor carrier shall operate motor vehicles upon any public highway for the transportation of property for hire in interstate commerce unless it has registered with the Commission and complied with the requirements of state law.
(2) Mutual exemptions in the payment of filing fees may be authorized and granted by the Commission under reciprocal agreements with other states.
(C) Private motor carriers. No private motor carrier, officer, agent or employee of a private motor carrier, or other corporation, company, association, joint-stock association, person, firm or copartnership shall violate, or procure, aid or abet the violation of R.C. §§ 4923.02 to 4923.17 or fail to comply with any order, decision, rule or regulation of the Public Utilities Commission, or procure, aid or abet any private motor carrier in its failure to comply with such order, decision, rule or regulation. Information of a conviction of a violation of this subdivision shall be reported to the Commission by the Clerk of the Court in which such conviction was obtained or if there is no Clerk, by the presiding officer of the Court. Such report shall be made a part of the records of the Commission relating to such private motor carrier. (R.C. § 4923.17)
(D) Motor transportation company violations. No motor transportation company, officer, agent or employee of a motor transportation company, or other corporation, company, association, joint stock association, person, firm or copartnership, shall violate or procure, aid or abet the violation of the R.C. §§ 4921.02 to 4921.32 or fail to comply with any order, decision, rule or regulation of the Public Utilities Commission, or procure, aid or abet any motor transportation company in its failure to comply with such order, decision, rule or regulation. Information of a conviction of a violation of this subsection shall be reported to the Commission by the Clerk of the Court in which such conviction was obtained, or if there is no Clerk, then by presiding officer of the Court. Such report shall be made a part of the records of the Commission relating to such motor transportation company.
(R.C. § 4921.32)
(E) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree.
(Ord. 2-1998, passed 2-4-98)
(A) When thaws or excessive moisture render the improved highways of this city or any sections of them insufficient to bear the traffic thereon, or when such highways would be damaged or destroyed by heavy traffic during the period of thawing or excessive moisture, the maximum weight of vehicle and load, or the maximum speed, or both, for motor vehicles, as prescribed by law shall be reduced in the following manner:
(1) On state highways, within the Municipal Corporation, the Director of Transportation or City Manager, or his designee shall prescribe such reduction which shall not be more than 25%;
(2) On improved highways and all other roads in the city, other than state highways, the City Manager, or his designee, shall prescribe such reduction as the condition of the road or highway justifies, but in no case shall the reduction be more than 50%.
(B) The schedule of the reduction of maximum weights and speeds shall be filed, for the information of the public, in the office of the City Manager, or his designee. The City Manager, or his designee, at least one day before such reduction becomes effective, shall cause to be placed or retained on such highways, at both ends and at the points of intersection by principal roads, during the period of such reduced limitation of weight, speed or both, signs, of substantial construction, which shall conspicuously indicate the limitations of weight and speed, which are allowed on the highway and the date on which such limitations shall go into effect. No person shall operate upon any such highway, a motor vehicle whose maximum weight or speed is in excess of the limitations prescribed.
(R.C. § 5577.07) (Ord. 2-1998, passed 2-4-98)
(C) Whoever violates the weight provisions of R.C. §§ 5577.01 to 5577.07 or the weight provisions in regard to highways under R.C. § 5577.04 or their comparable section in this Traffic Code shall be fined $80 for the first 2,000 pounds, or fraction thereof, of overload; for overloads in excess of 2,000 pounds, but not in excess of 5,000 pounds, such person shall be fined $100, and in addition thereto $1 per 100 pounds of overload; for overloads in excess of 5,000 pounds, but not in excess of 10,000 pounds, such person shall be fined $130 and in addition thereto $2 per 100 pounds of overload, or imprisoned not more than 30 days, or both. For all overloads in excess of 10,000 pounds such person shall be fined $160, and in addition thereto $3 per 100 pounds of overload, or imprisoned not more than 30 days, or both. Whoever violates the weight provisions of vehicle and load relating to gross load limits shall be fined not less than $100. No penalty prescribed in this division shall be imposed on any vehicle combination if the overload on any axle does not exceed 1,000 pounds, and if the immediately preceding or following axle, excepting the front axle of the vehicle combination, is underloaded by the same or a greater amount. For purposes of this division, two axles on one vehicle less than eight feet apart, shall be considered as one axle.
(D) Whoever violates any other provision of R.C. §§ 5577.01 to 5577.09 or their comparable section in this Traffic Code shall be fined not more than $25 for the first offense; for a second offense within one year thereafter, such person shall be fined not less than $10 nor more than $100, or imprisoned not more than ten days, or both; for a subsequent offense within one year after the first offense, such person shall be fined not less than $25 nor more than $200, or imprisoned not more than 30 days, or both.
(A) The City Manager, or his designee, shall classify the improved roads within the city limits, except state highways, with reference to the maximum weights and speeds permitted on such roads.
(B) The classifications made by the City Manager, or his designee, under this section shall not apply to vehicles of a weight of five tons or less for vehicle and load or 30 feet or less for vehicle length.
(C) In making this classification the City Manager, or his designee, shall take into consideration the nature of the roadbed, construction and any other factors which are material in the proper classification of such roads.
(D) The City Manager, or his designee, shall make rules and regulations governing the weight of vehicle and load, the length of vehicle and the speed permitted on the several classes of roads.
(R.C. § 5577.08) (Ord. 2-1998, passed 2-4-98)
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