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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