Current through all regulations passed and filed through September 16, 2024
(A) For the purpose of enforcing the
provisions of Chapters 4921. and 4923. of the Revised Code, and Chapter
4901:2-5 of the Administrative Code, authorized personnel may enter in or upon
any motor vehicle of any motor carrier, excepted carrier, or hazardous
materials transporter, to inspect the motor vehicle, driver, documents, or
cargo. Such inspections
are conducted in accordance with the following
guidelines:
(1) Motor vehicles, drivers,
documents, or cargo are subject to inspection when located:
(a) Upon any public roadway, public property,
or private property open to the public.
(b) On any other premises if the inspection
is conducted with permission of the owner or person in control of the
property.
(2)
Considerations by authorized personnel
in
determining which motor vehicles, drivers, documents, or cargo to inspect
include:
(a)
Complaints received and processed by the headquarters staff
of the
commission's transportation department, or staff of the highway patrol, and
issued to field employees.
(b)
Observed possible violations of any statutes and rules identified in paragraph
(A) of this rule.
(c) Knowledge
that a driver or motor vehicle was recently inspected and had been declared
"out-of-service" at the time of inspection, or that the motor carrier, excepted
carrier, or hazardous materials transporter was found to be operating without
required authority, registration, permits, or insurance, as
applicable.
(d) Motor vehicles,
motor carriers, excepted carriers, and hazardous materials transporters
designated by the headquarters staff of the commission's transportation
department as "special interest."
(e) Any uniform statistical selection
procedure, such as every fifth motor vehicle or every motor vehicle entering an
inspection site.
(f) Any inspection
selection system developed by the U.S. department of transportation.
(g) By request of a peace officer or state
trooper at an accident scene or traffic stop.
(h) In response to an incident involving the
release or possible release of hazardous materials.
(i) Any motor vehicle transporting
radioactive materials for which prenotification is required by, and made
pursuant to, section 4163.07 of the Revised
Code.
(j) Passenger carrying motor
vehicles at a point of origin or destination.
(k) Any bus, as defined in section
4513.50 of the Revised Code,
operating in intrastate commerce, that does not have on display the safety
inspection decal required pursuant to section
4513.51 of the Revised
Code.
(l) By request of the U.S.
department of transportation.
(3) Results of an inspection conducted
pursuant to paragraph (A) of this rule are recorded on an inspection
report.
(4) Authorized personnel
may enter in and upon any area of a motor vehicle as necessary to complete
their duties (except for knowingly entering portions of the motor vehicle used
exclusively for the personal possessions of the driver), and enter any cargo
area or compartment. If a cargo area of a motor vehicle is locked or sealed,
the operator of the motor vehicle shall provide immediate access to the cargo
area. When the operator is unable to provide immediate access to a locked or
sealed cargo area, authorized personnel may use the necessary force to enter
the cargo area. Any breakage of a lock or seal shall be annotated on the
inspection report. A lock or seal that is broken by authorized personnel shall
be replaced with a numbered seal.
(5) Motor carriers, excepted carriers, and
hazardous materials transporters shall provide authorized personnel with
reasonably expeditious access to any documents or property necessary to conduct
an inspection pursuant to paragraph (A) of this rule.
(6) To determine whether a substance being
transported on a motor vehicle is a hazardous material, authorized personnel
may obtain a sample.
(7) An
inspection report may be amended at any time subsequent to an inspection as
further investigation or the discovery of additional information warrants
provided the written amendments are communicated
to
the motor carrier, excepted carrier, or hazardous
materials transporter that was subject to the inspection
.
(B)
Authorized employees of the commission's transportation department may enter in
or upon the premises of any motor carrier, excepted carrier, hazardous
materials transporter, or offeror to interview employees and examine any motor
vehicles, records, documents, or property, for the purpose of assessing its
compliance with the provisions of Chapters 4921. and 4923. of the Revised Code,
and Chapter 4901:2-5 of the Administrative Code. Authorized employees of the
commission's transportation department may also require that any motor carrier,
excepted carrier, hazardous materials transporter, or offeror provide records,
documents, or property to be examined off-site in accordance with the following
guidelines:
(1)
Considerations
of authorized employees of the commission's transportation department
in
determining which motor carriers, excepted carriers, hazardous materials
transporters, and offerors to select for examination include:
(a) Pursuant
to standards established by the U.S. department of transportation in connection
with this state's participation in the "Motor Carrier Safety Assistance
Program."
(b) Pursuant to criteria
authorized by this state's commercial vehicle safety plan submitted to and
approved by the U.S. department of transportation in connection with this
state's participation in the "Motor Carrier Safety Assistance
Program."
(c) Complaints processed
by the commission's transportation department headquarters staff.
(2) Examinations
conducted in a manner consistent
with 49 C.F.R. 385, as effective on the date referenced in paragraph (C) of
rule 4901:2-5-02 of the
Administrative Code, and the standards and protocols of the U.S. department of
transportation as required by virtue of this state's participation in the
"Motor Carrier Safety Assistance Program."
(3)
Authorized
employees of the commission's transportation department
are entitled
to reasonably expeditious access to employees, motor vehicles, records,
documents, or property as necessary to conduct an examination pursuant to
paragraph (B) of this rule.
(C) Any driver who fails to cooperate with
reasonable requests during a driver/vehicle inspection, may be placed out of
service until such a time as the inspection can be completed.
