Current through all regulations passed and filed through September 16, 2024
(A) Authorized personnel may declare
"out-of-service":
(1) Any commercial motor
vehicle, operated by a motor carrier, which by reason of its mechanical
condition or loading would likely cause an accident or breakdown.
(2) Any motor vehicle or driver that is found
to be in violation of rule
4901:2-5-03 of the
Administrative Code, as applicable, and such violation meets the "North
American Standard Out-of-Service Criteria" adopted and disseminated by the
"Commercial Motor Vehicle Safety Alliance."
(3) Any motor vehicle or driver operating in
violation of an "imminent hazard" order issued in accordance with rule
4901:2-5-14 of the
Administrative Code.
(4) Any motor
vehicle being operated in intrastate commerce by a for-hire motor carrier that
does not have a current and valid certificate of public convenience and
necessity pursuant to the rules in Chapter 4901:2-21 of the Administrative
Code.
(B) Motor vehicles
declared "out of service" shall be marked with an appropriate sticker,
until the
defects prompting the out-of-service declaration have been satisfactorily
remedied so that the out-of-service condition no longer exists.
(C) Drivers declared "out-of-service"
remain out-of-service until such time
that all conditions required by law, rule, or the out-of-service declaration
have been met.
(D)
A person
cannot
operate or permit the operation of a motor vehicle that has been declared "out
of service," or permit a driver that has been declared "out-of-service", to
operate a commercial motor vehicle except under the following conditions:
(1) The motor vehicle may be towed in
accordance with 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.
(2) If the
motor vehicle is located beside the traveled portion of a highway, or contains
hazardous materials and is located at a place where parking of hazardous
materials is not permitted it may be escorted by authorized personnel to the
nearest safe location, provided that doing so would enhance public safety more
so than if the motor vehicle was not relocated.
(E) In addition to vehicles and drivers
declared "out-of-service" pursuant to paragraph (A) of this rule, the following
are
also considered to be "out-of-service":
(1) A motor vehicle or driver that has been
declared "out-of-service" by another federal, state, Canadian, or Mexican
jurisdiction, until such time that the out-of-service condition has been
satisfactorily remedied.
(2) Motor
vehicles being operated in interstate commerce by a motor carrier that has been
declared "out-of-service", has had its authority to operate revoked, or
otherwise has been ordered to cease operations by the U.S. department of
transportation in accordance with
49 C.F.R.
385.13,
385.105,
385.111,
385.308,
385.325,
385.337,
386.72,
386.83,
386.84, and
392.9a, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code.
(3) Motor
vehicles being operated in intrastate commerce by a motor carrier that is under
an out-of-service order issued pursuant to
49 C.F.R.
385.13 or
386.72, as effective on the date
referenced in paragraph (C) of rule
4901:2-5-02 of the
Administrative Code.
(F)
All persons subject to this rule shall comply with any additional measures or
conditions as directed by authorized personnel for the purpose of enforcing
this rule.
(G) This rule
does
not supersede any more
stringent federal requirement adopted by the commission.
