(A) Definitions. As used in this section, unless otherwise defined:
(1) MOTOR TRANSPORTATION COMPANY has the same meaning as in R.C. § 4921.02.
(2) PRIVATE MOTOR CARRIER has the same meaning as in R.C. § 4923.02
(3) COMMISSION means the Public Utilities Commission of Ohio.
(4) COMMERCIAL CAR has the same meaning as in R.C. § 5728.01.
(5) COMMERCIAL TANDEM has the same meaning as in R.C. § 5728.01.
(6) COMMERCIAL TRACTOR has the same meaning as in R.C. § 5728.01.
(7) SEMI-TRAILER has the same meaning as in R.C. § 4501.01.
(8) POLE TRAILER has the same meaning as in R.C. § 4511.01.
(B) 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 must first obtain from the Public Utilities Commission of Ohio a certificate declaring that the public convenience and necessity requires such operation. No person shall conduct such operations without having first obtained such certificate.
(C) (Reserved.)
Editor's note:
This division, formerly containing provisions regarding insurance certificates and surety bonds, has been deleted because the underlying statute, R.C. § 4919.78, was repealed. (Rev. eff. with 2014 S-15)
(D) (Reserved.)
Editor's note:
This division, formerly containing provisions regarding violations by private motor carriers, has been deleted because the underlying statute, R.C. § 4923.17, was repealed. (Rev. eff. with 2014 S-15)
(E) (Reserved.)
Editor's note:
This division, formerly containing provisions regarding violations by motor transportation companies, has been deleted because the underlying statute, R.C. § 4921.32, was repealed. (Rev. eff. with 2014 S-15)
(F) Highway use permit and identification device.
(1) Except as provided in R.C. § 5728.03, every person who is liable for the tax imposed by R.C. § 5728.06 on the operation of a commercial car or a commercial tractor that is, or is to be, operated or driven upon a public highway in two or more jurisdictions shall cause to be filed annually with the tax commissioner an application for a fuel use permit to be furnished by the commissioner for that purpose. Each application for a fuel use permit for a commercial car or a commercial tractor shall contain any information the tax commissioner prescribes.
(2) Upon receipt of the application, the tax commissioner shall issue to the person making the application a fuel use permit and any identification device that the commissioner considers necessary for the proper administration of this chapter. The permit and the identification device shall be of a design and contain any information the commissioner considers necessary. The identification device shall be displayed on the commercial car or commercial tractor for which it was issued at all times in the manner the commissioner prescribes. The fuel use permits and the identification device shall not be transferable. In case of the loss of a fuel use permit or identification device, the commissioner shall issue a duplicate of the permit or device. The fuel use permit shall be valid until it expires or is suspended or surrendered.
(R.C. § 5728.02) (Rev. eff. with 2006 S-8)
(G) Unlawful operation; tax commissioner to be notified.
(1) It is unlawful for any person to operate a commercial car or a commercial tractor that is subject to the tax imposed by R.C. § 5728.06 on a public highway in two or more jurisdictions under either of the following circumstances:
(a) Without a fuel use permit or single trip fuel use permit for such commercial car or commercial tractor.
(b) With a suspended or surrendered fuel use permit for such commercial car or commercial tractor.
(2) The judge or magistrate of any court finding any person guilty of unlawfully operating a commercial car or commercial tractor as provided for in this section shall immediately notify the tax commissioner of such violation and shall transmit to the tax commissioner the name and the permanent address of the owner of the commercial car or commercial tractor operated in violation of this section, the registration number, the state of registration, and the certificate of title number of the commercial car or commercial tractor. The commercial car or commercial tractor involved in a violation of division (G)(1)(a) or (G)(1)(b) of this section may be detained until a valid fuel use permit is obtained or reinstated.
(R.C. § 5728.04) (Rev. eff. with 2006 S-8)
(H) (Reserved.)
Editor's note:
Provisions regarding special permits for oversized or overweight vehicles are set forth in § 76.50. (Rev. eff. with 2014 S-15)
(I) Brake equipment. When operated on the highways of this state, the following vehicles shall be equipped with brakes adequate to control the movement and to stop and to hold the vehicle, designed to be applied by the driver of the towing motor vehicle from its cab and also designed and connected so that, in case of a breakaway of the towed vehicle, the brakes shall be automatically applied:
(1) Every trailer or semi-trailer, except a pole trailer, with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 1942;
(2) Every manufactured home or travel trailer with an empty weight of 2,000 pounds or more, manufactured or assembled on or after January 1, 2001.
(R.C. § 4513.20(A)(4)) (Rev. eff. with 2014 S-15)
(J) Rules for not-for-hire carriers. As used in this section:
(1) PRIVATE MOTOR CARRIER has the same meaning as in R.C. § 4923.02, except that it includes only private motor carriers operating on a not-for-hire basis, and excludes all private motor carriers operating on a for-hire basis.
(2) COMMERCIAL MOTOR VEHICLE has the same meaning as in the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C.A. 2701, as amended, except that "commerce" means trade, traffic, and transportation solely within this jurisdiction.
(3) The Public Utilities Commission of Ohio may adopt and enforce rules concerning the safety of operation of commercial vehicles by private motor carriers that commence or continue their operations within or through the corporate limits of the city except that the rules shall not affect any rights or duties granted to or imposed upon the operator of such a motor vehicle by R.C. Chapter 4511. To achieve the purposes of this section, the Public Utilities Commission may, through their inspectors or other authorized employees inspect any motor vehicles of such carriers and may enter upon the premises and vehicles of the carriers to examine any of the carriers' records or documents that relate to the safety of operation of private motor vehicle carriers. No private motor carrier shall fail to comply with any order, decision, or rule adopted under this section.
(Ord. 42-1990, passed 6-6-90)