Ohio Admin. Code 4901:2-5-01 - Definitions
(A)
"Authorized personnel " means employees of the
commission's transportation department authorized to conduct inspections of
motor vehicles and drivers, and employees of the state highway patrol
designated by the superintendent to conduct inspections of motor vehicles and
drivers.
(B)
"Commercial motor vehicle" when used in connection
with a motor carrier operating in intrastate commerce , has the same meaning as
in 49 C.F.R. 390.5, as
effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code, when operated by a for-hire motor carrier , and the
same meaning as in
49
C.F.R. 383.5, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code, when operated by a private motor
carrier .
(C)
"Commercial vehicle safety plan " has the same meaning
as in
49 C.F.R.
350.105, as effective on the date referenced
in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code.
(D)
"Commission " means the public utilities commission of
Ohio.
(E)
"Excepted carrier " means a person excepted as a
for-hire motor carrier under division (B)(1) to (B)(9) of section
4923.01 of the Revised Code or a
person excepted as a private motor carrier under division (A)(1) to (A)(9) of
section 4923.02 of the Revised
Code.
(F)
"For-hire motor carrier " has the same meaning as in
section 4923.01 of the Revised
Code.
(G)
"Hazardous material " has the same meaning as in
49 C.F.R.
171.8, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of
the Administrative Code.
(H)
"Hazardous materials transporter " means a person
engaged in the highway transportation of hazardous materials, in intrastate
commerce, by motor vehicles that are not commercial motor
vehicles.
(I)
"Immediate destination " is the next scheduled stop of
the vehicle already in motion where the cargo on board can be safely
secured.
(J)
"Imminent hazard " means any condition of a motor
vehicle, driver, or operation which is likely to result in serious injury or
death if not discontinued immediately.
(K)
"Inspection
report " means the "Driver Vehicle Examination Report" prescribed by the U.S.
department of transportation pursuant to
49
C.F.R. 396.9, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code, to record the results of inspections conducted by
authorized personnel .
(L)
"Interstate commerce " has the same meaning as in
section 4923.01 of the Revised
Code.
(M)
"Intrastate commerce " means any trade, traffic, or
transportation within Ohio which does not meet the definition of interstate
commerce .
(N)
"Medical examiner " has the same meaning as in
49
C.F.R. 390.5, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code.
(O)
"Motor carrier " includes all for-hire motor carriers
and private motor carriers operating commercial motor vehicles in intrastate
commerce . "Motor carrier" also includes those defined in
49
C.F.R. 390.5, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code, operating in Ohio in interstate
commerce .
(P)
"Motor Carrier Safety Assistance Program" is the
federal grant program described in
49
C.F.R. 350.101, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code.
(Q)
"Motor vehicle" has the same definition as in section
4921.01 of the Revised Code and
includes commercial motor vehicles.
(R)
"Offeror " means
any person that is subject to the regulations contained in 49 C.F.R. 171 to
180, as effective on the date referenced in paragraph (C) of rule
4901:2-5-02 of
the Administrative Code, by reason of offering hazardous materials for
transportation by motor vehicle into, within, or through Ohio.
(S)
"Private motor
carrier " has the same meaning as in section
4923.01 of the Revised
Code.
(T)
"Public highway " has the same meaning as in section
4923.01 of the Revised
Code.
(U)
"Transportation of construction materials and
equipment " means the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles, by a driver to
or from an active construction site (a construction site between mobilization
of equipment and materials to the site to the final completion of the
construction project) within a fifty air mile radius of the normal work
reporting location of the driver. This definition shall not apply to the
transportation of hazardous materials in a quantity requiring placarding
pursuant to 49 C.F.R. 172, subpart f, as effective on the date referenced in
paragraph (C) of rule
4901:2-5-02 of
the Administrative Code.
Replaces: 4901:2-5-01
Notes
Promulgated Under: 111.15
Statutory Authority: R.C. 4923.04
Rule Amplifies: R.C. 4923.01, 4923.02, 4923.04,4923.06, 4923.07
Prior Effective Dates: 01/20/1963, 03/19/1987, 12/25/1987, 12/09/1988, 05/05/1990, 04/25/1992, 01/19/1995 (Emer.), 03/30/1999, 09/17/2006, 10/01/2009, 06/06/2011, 10/30/2014
Promulgated Under: 111.15
Statutory Authority: R.C. 4923.04
Rule Amplifies: R.C. 4923.01, 4923.02, 4923.04, 4923.06, 4923.04
Prior Effective Dates: 01/20/1963, 03/19/1987, 12/25/1987, 12/09/1988, 05/05/1990, 04/25/1992, 01/19/1995 (Emer.), 03/30/1999, 09/17/2006, 10/01/2009, 06/06/2011, 10/30/2014
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