Bill Text: OH HB425 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To grant the Public Utilities Commission exclusive regulatory jurisdiction over all common and contract carrier towing companies and preempt local regulation, authorize the commission to establish a new certification program for common and contract carrier towing companies and a registration system for towed vehicle storage companies, authorize certain commission regulation of vehicle storage companies, revise law governing private tow-away zones, and make conforming changes in motor transportation company public utility law.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2010-01-27 - To Public Utilities [HB425 Detail]

Download: Ohio-2009-HB425-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 425


Representative Heard 

Cosponsors: Representatives Winburn, Stewart, Yuko, Okey, Domenick, Slesnick, Weddington, Ujvagi, Williams, B., Murray, Hagan, Brown 



A BILL
To amend sections 4513.60, 4901.01, 4903.01, 4905.01, 1
4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 2
4921.36, 4921.99, 4923.01, 4923.02, 4923.03, 3
4923.04, and 4923.05; to enact sections 4921.45, 4
4921.46, 4921.47, 4921.48, 4921.49, 4921.50, 5
4921.51, 4921.52, 4921.53, 4921.54, and 4921.55; 6
and to repeal sections 4921.30, 4923.06, and 7
4923.07 of the Revised Code to grant the Public 8
Utilities Commission exclusive regulatory 9
jurisdiction over all common and contract carrier 10
towing companies and preempt local regulation, 11
authorize the commission to establish a new 12
certification program for common and contract 13
carrier towing companies and a registration system 14
for towed vehicle storage companies, authorize 15
certain commission regulation of vehicle storage 16
companies, revise law governing private tow-away 17
zones, and make conforming changes in motor 18
transportation company public utility law.19


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 4513.60, 4901.01, 4903.01, 4905.01, 20
4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 4921.36, 4921.99, 21
4923.01, 4923.02, 4923.03, 4923.04, and 4923.05 be amended and 22
sections 4921.45, 4921.46, 4921.47, 4921.48, 4921.49, 4921.50, 23
4921.51, 4921.52, 4921.53, 4921.54, and 4921.55 of the Revised 24
Code be enacted to read as follows:25

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of 26
police of a municipal corporation, township, or township police 27
district, within the sheriff's or chief's respective territorial 28
jurisdiction, upon complaint of any person adversely affected, may 29
order into storage any motor vehicle, other than an abandoned junk 30
motor vehicle as defined in section 4513.63 of the Revised Code, 31
that has been left on private residential or private agricultural 32
property for at least four hours without the permission of the 33
person having the right to the possession of the property. The 34
sheriff or chief of police, upon complaint of the owner of a 35
repair garage or place of storage, may order into storage any 36
motor vehicle, other than an abandoned junk motor vehicle, that 37
has been left at the garage or place of storage for a longer 38
period than that agreed upon. The place of storage shall be 39
designated by the sheriff or chief of police. When ordering a 40
motor vehicle into storage pursuant to this division, a sheriff or 41
chief of police, whenever possible, shallmay arrange for the 42
removal of the motor vehicle by a private tow truck operator or 43
towing company. Subject to division (C) of this section, the owner 44
of a motor vehicle that has been removed pursuant to this division 45
may recover the vehicle only in accordance with division (E) of 46
this section.47

       (2) Divisions (A)(1) to (3) of this section do not apply to 48
any private residential or private agricultural property that is 49
established as a private tow-away zone in accordance with division 50
(B) of this section.51

       (3) As used in divisions (A)(1) and (2) of this section, 52
"private residential property" means private property on which is 53
located one or more structures that are used as a home, residence, 54
or sleeping place by one or more persons, if no more than three 55
separate households are maintained in the structure or structures. 56
"Private residential property" does not include any private 57
property on which is located one or more structures that are used 58
as a home, residence, or sleeping place by two or more persons, if 59
more than three separate households are maintained in the 60
structure or structures.61

       (B)(1) The owner of private property may establish a private 62
tow-away zone only if all of the following conditions are 63
satisfied:64

       (a) The owner posts on the owner's property a sign, that is 65
at least eighteen inches by twenty-four inches in size, that is 66
visible from all entrances to the property, and that contains at 67
least all of the following information:68

       (i) A notice that the property is a private tow-away zone and 69
that vehicles not authorized to park on the property will be towed 70
away;71

       (ii) The telephone number of the person from whom a 72
towed-away vehicle can be recovered, and the address of the place 73
to which the vehicle will be taken and the place from which it may 74
be recovered;75

       (iii) A statement that the vehicle may be recovered at any 76
time during the day or night upon the submission of proof of 77
ownership and the payment of athe towing charge, in an amount not 78
to exceed ninety dollars, and a storage charge, in an amount not 79
to exceed twelve dollars per twenty-four-hour period; except that 80
the charge for towing shall not exceed one hundred fifty dollars, 81
and the storage charge shall not exceed twenty dollars per 82
twenty-four-hour period, if the vehicle has a manufacturer's gross 83
vehicle weight rating in excess of ten thousand pounds and is a 84
truck, bus, or a combination of a commercial tractor and trailer 85
or semitrailercharges under division (E) of the section, which 86
shall be disclosed in the statement.87

       (b) The place to which the towed vehicle is taken and from 88
which it may be recovered is conveniently located, is well 89
lighted, and is on or within a reasonable distance of a regularly 90
scheduled route of one or more modes of public transportation, if 91
any public transportation is available in the municipal 92
corporation or township in which the private tow-away zone is 93
located.94

       (2) If a vehicle is parked on private property that is 95
established as a private tow-away zone in accordance with division 96
(B)(1) of this section, without the consent of the owner of the 97
property or in violation of any posted parking condition or 98
regulation, the property owner or the owner's agent may remove, or 99
cause the removal of, the vehicle, the owner and the operator of 100
the vehicle shall be deemed to have consented to the removal and 101
storage of the vehicle and to the payment of the towing and 102
storage charges specified in division (B)(1)(a)(iii)(E) of this 103
section, and the vehicle owner, subject to division (C) of this 104
section, may recover a vehicle that has been so removed only in 105
accordance with division (E) of this section.106

       (3) If a municipal corporation requires tow trucks and tow 107
truck operators to be licensed, no owner of private property 108
located within the municipal corporation shall remove, or shall 109
cause the removal and storage of, any vehicle pursuant to division 110
(B)(2) of this section by an unlicensed tow truck or unlicensed 111
tow truck operator.112

       (4) Divisions (B)(1) to (3)and (2) of this section do not 113
affect or limit the operation of division (A) of this section or 114
sections 4513.61 to 4513.65 of the Revised Code as they relate to 115
property other than private property that is established as a 116
private tow-away zone under division (B)(1) of this section.117

       (C) If the owner or operator of a motor vehicle that has been 118
ordered into storage pursuant to division (A)(1) of this section 119
or of a vehicle that is being removed under authority of division 120
(B)(2) of this section arrives after the motor vehicle or vehicle 121
has been prepared for removal, but prior to its actual removal 122
from the property, the owner or operator shall be given the 123
opportunity to pay a fee of not more than one-half of the charge 124
for the removal of motor vehicles under division (A)(1) of this 125
section or of vehicles under division (B)(2) of this section, 126
whichever is applicable, that normally is assessed by the person 127
who has prepared the motor vehicle or vehicle for removal, in 128
order to obtain release of the motor vehicle or vehicle. Upon 129
payment of that fee, the motor vehicle or vehicle shall be 130
released to the owner or operator, and upon its release, the owner 131
or operator immediately shall move it so that:132

       (1) If the motor vehicle was ordered into storage pursuant to 133
division (A)(1) of this section, it is not on the private 134
residential or private agricultural property without the 135
permission of the person having the right to possession of the 136
property, or is not at the garage or place of storage without the 137
permission of the owner, whichever is applicable.138

       (2) If the vehicle was being removed under authority of 139
division (B)(2) of this section, it is not parked on the private 140
property established as a private tow-away zone without the 141
consent of the owner or in violation of any posted parking 142
condition or regulation.143

       (D)(1) If an owner of private property that is established as 144
a private tow-away zone in accordance with division (B)(1) of this 145
section or the authorized agent of such an owner removes or causes 146
the removal of a vehicle from that property under authority of 147
division (B)(2) of this section, the owner or agent promptly shall 148
notify the police department of the municipal corporation, 149
township, or township police district in which the property is 150
located, of the removal, the vehicle's license number, make, 151
model, and color, the location from which it was removed, the date 152
and time of its removal, the telephone number of the person from 153
whom it may be recovered, and the address of the place to which it 154
has been taken and from which it may be recovered.155

       (2) Each county sheriff and each chief of police of a 156
municipal corporation, township, or township police district shall 157
maintain a record of motor vehicles that the sheriff or chief 158
orders into storage pursuant to division (A)(1) of this section 159
and of vehicles removed from private property in the sheriff's or 160
chief's jurisdiction that is established as a private tow-away 161
zone of which the sheriff or chief has received notice under 162
division (D)(1) of this section. The record shall include an entry 163
for each such motor vehicle or vehicle that identifies the motor 164
vehicle's or vehicle's license number, make, model, and color, the 165
location from which it was removed, the date and time of its 166
removal, the telephone number of the person from whom it may be 167
recovered, and the address of the place to which it has been taken 168
and from which it may be recovered. Any information in the record 169
that pertains to a particular motor vehicle or vehicle shall be 170
provided to any person who, either in person or pursuant to a 171
telephone call, identifies self as the owner or operator of the 172
motor vehicle or vehicle and requests information pertaining to 173
its location.174

       (3) Any person who registers a complaint that is the basis of 175
a sheriff's or police chief's order for the removal and storage of 176
a motor vehicle under division (A)(1) of this section shall 177
provide the identity of the law enforcement agency with which the 178
complaint was registered to any person who identifies self as the 179
owner or operator of the motor vehicle and requests information 180
pertaining to its location.181

       (E) The owner of a motor vehicle that is ordered into storage 182
pursuant to division (A)(1) of this section or of a vehicle that 183
is removedtowed and stored under authority of division (B)(2) of 184
this section may reclaim it upon payment of any expenses or 185
charges incurred in its removal,a towing charge in an amount not 186
to exceed ninety dollars, and payment of a storage,charge in an 187
amount not to exceed twelve dollars per twenty-four-hour period 188
irrespective of whether the vehicle is stored at a storage 189
facility of the tow truck operator or towing company, or at a 190
vehicle storage company as defined in section 4921.45 of the 191
Revised Code; except that the charge for towing shall not exceed 192
one hundred fifty dollars, and the storage charge shall not exceed 193
twenty dollars per twenty-four-hour period, if the vehicle has a 194
manufacturer's gross vehicle weight rating in excess of ten 195
thousand pounds and is a truck, bus, or a combination of a 196
commercial tractor and trailer or semitrailer. Presentation of 197
proof of ownership, which may be evidenced by a certificate of 198
title to the motor vehicle or vehicle also shall be required for 199
reclamation of the vehicle. Proof of ownership may be evidenced by 200
presentation of the certificate of title or memorandum certificate 201
of title to the motor vehicle on a form of identification bearing 202
a photograph of the vehicle owner and the certificate of 203
registration of the motor vehicle. In the case of a motor vehicle 204
that is leased or rented, right to possession of the vehicle shall 205
be evidenced by presentation of a form of identification bearing a 206
photograph of the person who leased or rented the vehicle and a 207
copy of the lease or rental agreement. If a motor vehicle that is 208
ordered into storage pursuant to division (A)(1) of this section 209
remains unclaimed by the owner for thirty days, the procedures 210
established by sections 4513.61 and 4513.62 of the Revised Code 211
shall apply.212

       (F)(1) No person shall remove, or cause the removal of, any 213
vehicle from private property that is established as a private 214
tow-away zone under division (B)(1) of this section other than in 215
accordance with division (B)(2) of this section, and no person 216
shall remove, or cause the removal of, any motor vehicle from any 217
other private property other than in accordance with division 218
(A)(1) of this section or sections 4513.61 to 4513.65 of the 219
Revised Code.220

       (2) No tow truck operator or towing company shall remove any 221
vehicle from private property that is established as a private 222
tow-away zone under division (B)(1) of this section other than 223
pursuant to the request of the property owner or the owner's agent 224
under division (B)(2) of this section.225

       (G)(1) Whoever violates division (B)(3) or (F)(1) of this 226
section is guilty of a minor misdemeanor.227

       (2) Whoever violates division (F)(2) of this section is 228
guilty of a misdemeanor of the first degree.229

       Sec. 4901.01.  As used in sections 4901.01 to 4901.24, 230
inclusive, of the Revised Code:231

       (A) "Public utility" has the meaning set forth in section 232
4905.02 of the Revised Code.233

       (B) "Telegraph company," "telephone company," "electric light 234
company," "gas company," "natural gas company," "pipe-line 235
company," "water-works company," "sewage disposal system company," 236
"heating or cooling company," "messenger company," "street railway 237
company," "suburban railroad company," "interurban railroad 238
company," and "motor-propelled vehicle" have the meaning set forth 239
in section 4905.03 of the Revised Code.240

       (C) "Railroad" has the meaning set forth in section 4907.02 241
of the Revised Code.242

       (D) "Motor transportation company" hasand "contract carrier 243
by motor vehicle" have the meaning set forth in sections 4905.03 244
and 4921.02 of the Revised Code.245

       (E) "Trailer," "public highway," "fixed termini," "regular 246
route," and "irregular route" have the meaning set forth in 247
section 4921.02 of the Revised Code.248

       (F) "Private motor carrier," "contract carrier by motor 249
vehicle," "motor vehicle," and "charter party trip" have the 250
meaning set forth in section 4923.02 of the Revised Code.251

       Sec. 4903.01.  As used in sections 4903.01 to 4903.25, 252
inclusive, of the Revised Code:253

       (A) "Public utility" has the meaning set forth in section 254
4905.02 of the Revised Code.255

       (B) "Telegraph company," "telephone company," "electric light 256
company," "gas company," "natural gas company," "pipe-line 257
company," "water-works company," "sewage disposal system company," 258
"heating or cooling company," "messenger company," "street railway 259
company," "suburban railroad company," "interurban railroad 260
company," and "motor-propelled vehicle" have the meaning set forth 261
in section 4905.03 of the Revised Code.262

       (C) "Railroad" has the meaning set forth in section 4907.02 263
of the Revised Code.264

       (D) "Motor transportation company" hasand "contract carrier 265
by motor vehicle" have the meaning set forth in sections 4905.03 266
and 4921.02 of the Revised Code.267

       (E) "Trailer," "public highway," "fixed termini," "regular 268
route," and "irregular route" have the meaning set forth in 269
section 4921.02 of the Revised Code.270

       (F) "Private motor carrier," "contract carrier by motor 271
vehicle," "motor vehicle," and "charter party trip" have the 272
meaning set forth in section 4923.02 of the Revised Code.273

       Sec. 4905.01.  As used in this chapter:274

       (A) "Railroad" has the meaning set forth in section 4907.02 275
of the Revised Code.276

       (B) "Motor transportation company" hasand "contract carrier 277
by motor vehicle" have the meaning set forth in sections 4905.03 278
and 4921.02 of the Revised Code.279

       (C) "Trailer," "public highway," "fixed termini," "regular 280
route," and "irregular route" have the meanings set forth in 281
section 4921.02 of the Revised Code.282

       (D) "Private motor carrier," "contract carrier by motor 283
vehicle," "motor vehicle," and "charter party trip" have the 284
meanings set forth in section 4923.02 of the Revised Code.285

       (E) "Ohio coal research and development costs" means all 286
reasonable costs associated with a facility or project undertaken 287
by a public utility for which a recommendation to allow the 288
recovery of costs associated therewith has been made under 289
division (B)(7) of section 1551.33 of the Revised Code, including, 290
but not limited to, capital costs, such as costs of debt and 291
equity; construction and operation costs; termination and 292
retirement costs; costs of feasibility and marketing studies 293
associated with the project; and the acquisition and delivery 294
costs of Ohio coal used in the project, less any expenditures of 295
grant moneys.296

       Sec. 4905.03.  As used in this chapter:297

       (A) Any person, firm, copartnership, voluntary association, 298
joint-stock association, company, or corporation, wherever 299
organized or incorporated, is:300

       (1) A telegraph company, when engaged in the business of 301
transmitting telegraphic messages to, from, through, or in this 302
state;303

       (2) A telephone company, when engaged in the business of 304
transmitting telephonic messages to, from, through, or in this 305
state and as such is a common carrier;306

       (3) A motor transportation company, when engaged in the 307
business of carrying and transporting persons or property or the 308
business of providing or furnishing such transportation service, 309
for hire, in or by motor-propelled vehicles of any kind, including 310
trailers, for the public in general, over any public street, road, 311
or highway in this state, except as provided inexcluding a motor 312
transportation company exempted under divisions (A)(1) to (9) of313
section 4921.02 of the Revised Code, but including a towing 314
company regulated under sections 4921.45 to 4921.55 of the Revised 315
Code;316

       (4) An electric light company, when engaged in the business 317
of supplying electricity for light, heat, or power purposes to 318
consumers within this state, including supplying electric 319
transmission service for electricity delivered to consumers in 320
this state, but excluding a regional transmission organization 321
approved by the federal energy regulatory commission;322

       (5) A gas company, when engaged in the business of supplying 323
artificial gas for lighting, power, or heating purposes to 324
consumers within this state or when engaged in the business of 325
supplying artificial gas to gas companies or to natural gas 326
companies within this state, but a producer engaged in supplying 327
to one or more gas or natural gas companies, only such artificial 328
gas as is manufactured by that producer as a by-product of some 329
other process in which the producer is primarily engaged within 330
this state is not thereby a gas company. All rates, rentals, 331
tolls, schedules, charges of any kind, or agreements between any 332
gas company and any other gas company or any natural gas company 333
providing for the supplying of artificial gas and for compensation 334
for the same are subject to the jurisdiction of the public 335
utilities commission.336

       (6) A natural gas company, when engaged in the business of 337
supplying natural gas for lighting, power, or heating purposes to 338
consumers within this state. Notwithstanding the above, neither 339
the delivery nor sale of Ohio-produced natural gas by a producer 340
or gatherer under a public utilities commission-ordered exemption, 341
adopted before, as to producers, or after, as to producers or 342
gatherers, January 1, 1996, or the delivery or sale of 343
Ohio-produced natural gas by a producer or gatherer of 344
Ohio-produced natural gas, either to a lessor under an oil and gas 345
lease of the land on which the producer's drilling unit is 346
located, or the grantor incident to a right-of-way or easement to 347
the producer or gatherer, shall cause the producer or gatherer to 348
be a natural gas company for the purposes of this section.349

       All rates, rentals, tolls, schedules, charges of any kind, or 350
agreements between a natural gas company and other natural gas 351
companies or gas companies providing for the supply of natural gas 352
and for compensation for the same are subject to the jurisdiction 353
of the public utilities commission. The commission, upon 354
application made to it, may relieve any producer or gatherer of 355
natural gas, defined in this section as a gas company or a natural 356
gas company, of compliance with the obligations imposed by this 357
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. 358
of the Revised Code, so long as the producer or gatherer is not 359
affiliated with or under the control of a gas company or a natural 360
gas company engaged in the transportation or distribution of 361
natural gas, or so long as the producer or gatherer does not 362
engage in the distribution of natural gas to consumers.363

       Nothing in division (A)(6) of this section limits the 364
authority of the commission to enforce sections 4905.90 to 4905.96 365
of the Revised Code.366

       (7) A pipe-line company, when engaged in the business of 367
transporting natural gas, oil, or coal or its derivatives through 368
pipes or tubing, either wholly or partly within this state;369

       (8) A water-works company, when engaged in the business of 370
supplying water through pipes or tubing, or in a similar manner, 371
to consumers within this state;372

       (9) A heating or cooling company, when engaged in the 373
business of supplying water, steam, or air through pipes or tubing 374
to consumers within this state for heating or cooling purposes;375

       (10) A messenger company, when engaged in the business of 376
supplying messengers for any purpose;377

       (11) A street railway company, when engaged in the business 378
of operating as a common carrier, a railway, wholly or partly 379
within this state, with one or more tracks upon, along, above, or 380
below any public road, street, alleyway, or ground, within any 381
municipal corporation, operated by any motive power other than 382
steam and not a part of an interurban railroad, whether the 383
railway is termed street, inclined-plane, elevated, or underground 384
railway;385

       (12) A suburban railroad company, when engaged in the 386
business of operating as a common carrier, whether wholly or 387
partially within this state, a part of a street railway 388
constructed or extended beyond the limits of a municipal 389
corporation, and not a part of an interurban railroad;390

       (13) An interurban railroad company, when engaged in the 391
business of operating a railroad, wholly or partially within this 392
state, with one or more tracks from one municipal corporation or 393
point in this state to another municipal corporation or point in 394
this state, whether constructed upon the public highways or upon 395
private rights-of-way, outside of municipal corporations, using 396
electricity or other motive power than steam power for the 397
transportation of passengers, packages, express matter, United 398
States mail, baggage, and freight. Such an interurban railroad 399
company is included in the term "railroad" as used in section 400
4907.02 of the Revised Code.401

       (14) A sewage disposal system company, when engaged in the 402
business of sewage disposal services through pipes or tubing, and 403
treatment works, or in a similar manner, within this state.404

       (B) "Motor-propelled vehicle" means any automobile, 405
automobile truck, motor bus, or any other self-propelled vehicle 406
not operated or driven upon fixed rails or tracks.407

       Sec. 4907.01.  As used in sections 4907.01 to 4907.63, 408
inclusive, of the Revised Code:409

       (A) "Public utility" has the meaning set forth in section 410
4905.02 of the Revised Code.411

       (B) "Telegraph company," "telephone company," "electric light 412
company," "gas company," "natural gas company," "pipe-line 413
company," "water-works company," "sewage disposal system company," 414
"heating or cooling company," "messenger company," "street railway 415
company," "suburban railroad company," "interurban railroad 416
company," and "motor-propelled vehicle" have the meaning set forth 417
in section 4905.03 of the Revised Code.418

       (C) "Railroad" has the meaning set forth in section 4907.02 419
of the Revised Code.420

       (D) "Motor transportation company," "contract carrier by 421
motor vehicle," "trailer," "public highway," "fixed termini," 422
"regular route," and "irregular route" have the meaning set forth 423
in sections 4905.03 and 4921.02 of the Revised Code.424

       (E) "Private motor carrier," "contract carrier by motor 425
vehicle," "motor vehicle," and "charter party trip" have the 426
meaning set forth in section 4923.02 of the Revised Code.427

       Sec. 4909.01.  As used in this chapter:428

       (A) "Public utility" has the meaning set forth in section 429
4905.02 of the Revised Code.430

       (B) "Telegraph company," "telephone company," "electric light 431
company," "gas company," "natural gas company," "pipeline 432
company," "water-works company," "sewage disposal system company," 433
"heating or cooling company," "messenger company," "street railway 434
company," "suburban railroad company," "interurban railroad 435
company," and "motor-propelled vehicle" have the meanings set 436
forth in section 4905.03 of the Revised Code.437

       (C) "Railroad" has the meaning set forth in section 4907.02 438
of the Revised Code.439

       (D) "Motor transportation company" hasand "contract carrier 440
by motor vehicle" have the meaning set forth in sections 4905.03 441
and 4921.02 of the Revised Code.442

       (E) "Trailers," "public highway," "fixed termini," "regular 443
route," and "irregular route" have the meanings set forth in 444
section 4921.02 of the Revised Code.445

       (F) "Private motor carrier," "contract carrier by motor 446
vehicle," "motor vehicle," and "charter party trip" have the 447
meanings set forth in section 4923.02 of the Revised Code.448

       Sec. 4921.01.  As used in sections 4921.01 to 4921.32, 449
inclusive, of the Revised Codethis chapter:450

       (A) "Public utility" has the same meaning set forthas in 451
section 4905.02 of the Revised Code.452

       (B) "Telegraph company," "telephone company," "electric light 453
company," "gas company," "natural gas company," "pipe-line 454
company," "water-works company," "sewage disposal system company," 455
"heating or cooling company," "messenger company," "streetStreet456
railway company," "suburban railroad company," "interurban 457
railroad company," and "motor-propelled vehicle" have the meaning 458
set forthsame meanings as in section 4905.03 of the Revised Code.459

       (C) "Railroad" has the same meaning set forthas in section 460
4907.02 of the Revised Code.461

       (D) "Motor transportation company" has the same meaning set 462
forthas in sectionssection 4905.03 and 4921.02 of the Revised 463
Code.464

       (E) "Private motor carrier," "contract carrier by motor 465
vehicle," "motor vehicle," and "charter party trip" have the466
meaning set forthsame meanings as in section 4923.02 of the 467
Revised Code.468

       Sec. 4921.02.  As used in sections 4921.01 to 4921.32 of the 469
Revised Code:470

       (A) "Motor transportation company," or "common carrier by 471
motor vehicle," or "contract carrier by motor vehicle," includes 472
every corporation, company, association, joint-stock association, 473
person, firm, or copartnership, and their lessees, legal or 474
personal representatives, trustees, and receivers or trustees 475
appointed by any court, when engaged or proposing to engage in the 476
business of transporting persons or property, or the business of 477
providing or furnishing such transportation service, for hire, 478
whether directly or by lease or other arrangement, for the public 479
in general, in or by motor-propelled vehicles of any kind, 480
including trailers, over any public highway in this state. All 481
laws regulating the business of motor transportation, their 482
context notwithstanding, apply to such motor transportation 483
company or, common carrier by motor vehicle, or contract carrier 484
by motor vehicle. "Motor transportation company," as so used, does 485
not include any person, firm, copartnership, voluntary 486
association, joint-stock association, company, or corporation, 487
wherever organized or incorporated:488

       (1) Engaged or proposing to engage as a private motor carrier 489
as defined by section 4923.02 of the Revised Code;490

       (2) Insofar as they own, control, operate, or manage motor 491
vehicles used for the transportation of property, operated 492
exclusively within the territorial limits of a municipal 493
corporation, or within such limits and the territorial limits of 494
municipal corporations immediately contiguous to such municipal 495
corporation;496

       (3) Insofar as they are engaged in the transportation of 497
persons in taxicabs in the usual taxicab service;498

       (4)(3) Engaged in the transportation of pupils in school 499
busses operating to or from school sessions or school events;500

       (5)(4) Engaged in the transportation of farm supplies to the 501
farm or farm products from farm to market or to food fabricating 502
plants;503

       (6)(5) Engaged in the distribution of newspapers;504

       (7)(6) Engaged in the transportation of crude petroleum 505
incidental to gathering from wells and delivery to destination by 506
pipe line;507

       (8)(7) Engaged in the transportation of injured, ill, or 508
deceased persons by hearse or ambulance;509

       (9)(8) Engaged in the transportation of compost (a 510
combination of manure and sand or shredded bark mulch) or shredded 511
bark mulch;512

       (10)(9) Engaged in the transportation of persons in a 513
ridesharing arrangement when any fee charged each person so 514
transported is in such amount as to recover only the person's 515
share of the costs of operating the motor vehicle for such 516
purpose.517

       (B) "Trailer" means any vehicle without motive power designed 518
or used for carrying property or persons and for being drawn by a 519
separate motor-propelled vehicle, including any vehicle of the 520
trailer type, whether designed or used for carrying property or 521
persons wholly on its own structure, or so designed or used that a 522
part of its own weight or the weight of its load rests upon and is 523
carried by such motor-propelled vehicle.524

       (C) "Public highway" means any public street, road, or 525
highway in this state, whether within or without the corporate 526
limits of a municipal corporation.527

       (D) "Fixed termini" refers to the points between which any 528
motor transportation company usually or ordinarily operates, 529
provides, or proposes to operate or provide motor transportation 530
service.531

       (E) "Regular route" refers to that portion of the public 532
highway over which any motor transportation company usually or 533
ordinarily operates, provides, or proposes to operate or provide 534
motor transportation service.535

       (F) "Irregular route" refers to that portion of the public 536
highway over which is conducted or provided any other operation of 537
any motor vehicle by a motor transportation company transporting 538
property.539

       (G) "Ridesharing arrangement" means the transportation of 540
persons in a motor vehicle where such transportation is incidental 541
to another purpose of a volunteer driver, and includes ridesharing 542
arrangements known as carpools, vanpools, and buspools.543

       Whether or not any motor-propelled vehicle is operated or 544
such transportation service is provided or furnished by such motor 545
transportation company, between fixed termini or over a regular 546
route, or over an irregular route, or whether or not a 547
corporation, company, association, joint-stock association, 548
person, firm, or copartnership, or their lessees, trustees, or 549
receivers or trustees appointed by any court, is engaged as a 550
motor transportation company, are questions of fact. The finding 551
of the public utilities commission on such questions is a final 552
order which may be reviewed as provided in section 4921.17 of the 553
Revised Code. The commission has jurisdiction to receive, hear, 554
and determine such questions upon complaint of any party, or upon 555
its own motion, upon not less than fifteen days' notice of the 556
time and place of such hearing and of the matter to be heard.557

       Sec. 4921.36.  Except as otherwise provided in sections 558
4921.35 to 4921.40 of the Revised Code, a motor transportation 559
company engaged, for hire, in the business of transporting 560
household goods over a public highway in this state:561

       (A) Is subject to sections 4921.01 and 4921.03 to 4921.32 of 562
the Revised Code and to all other provisions of the Revised Code 563
applicable to a motor transportation company that is subject to 564
those sections 4921.01 to 4921.32 of the Revised Code, including, 565
and to sections 4506.22, 4511.78, 5502.01, 5503.02, and 5503.34 of 566
the Revised Code;567

       (B) Is not a public utility as defined in section 4911.02568
4911.01 of the Revised Code.569

       Sec. 4921.45. As used in sections 4921.45 to 4921.55 of the 570
Revised Code:571

       (A) "Automobile club" means a legal entity that, in 572
consideration of dues, assessments, or periodic payments of money, 573
promises to assist its members or subscribers in matters relating 574
to motor travel or the operation, use, or maintenance of a motor 575
vehicle by supplying services including towing services, emergency 576
road service, indemnification service, guaranteed arrest bond 577
certificate service, discount service, financial service, theft 578
service, map service, or touring service.579

       (B) "Motor transportation company" has the same meaning as in 580
sections 4905.03 and 4921.02 of the Revised Code.581

       (C) "Peace officer" means a sheriff, deputy sheriff, 582
constable, police officer of a township or joint township police 583
district, marshal, deputy marshal, municipal police officer, or 584
state highway patrol trooper.585

       (D) "Person" has the same meaning as in section 1.59 of the 586
Revised Code.587

       (E) "Private motor carrier" has the same meaning as in 588
section 4923.02 of the Revised Code.589

       (F) "Towing company" means any motor transportation company 590
or private motor carrier that is engaged on an intrastate basis 591
anywhere in this state, for hire, in the business of towing, or in 592
the businesses of towing and incidentally storing, a motor vehicle 593
over any public highway in this state.594

       (G) "Vehicle storage company" means any person engaged in 595
this state, in whole or in part, in the business of storing, on 596
any portion of premises located in this state and in which the 597
person has a real property interest, any motor vehicle that has 598
been towed by a towing company to those premises for storage, but 599
excludes a towing company.600

       Sec. 4921.46.  Sections 4921.45 to 4921.55 of the Revised 601
Code confer exclusive regulatory jurisdiction on the public 602
utilities commission over the towing and storage services of 603
towing companies and vehicle storage companies, and no political 604
subdivision of this state has authority to so regulate, or to 605
license, register, or permit towing companies and vehicle storage 606
companies.607

       Sec. 4921.47. (A) Except as otherwise provided in sections 608
4921.45 to 4921.55 of the Revised Code:609

       (1) A towing company that is a motor transportation company 610
is subject to sections 4921.01 to 4921.32 of the Revised Code, to 611
all other provisions of the Revised Code that are applicable to a 612
motor transportation company that is subject to those sections, 613
and to sections 4506.22, 5502.01, 5503.02, and 5503.34 of the 614
Revised Code.615

       (2) A towing company that is a private motor carrier is 616
subject to sections 4923.01 to 4923.17 of the Revised Code, to all 617
other provisions of the Revised Code that are applicable to 618
private motor carriers, and to sections 4506.22, 5502.01, 5503.02, 619
and 5503.34 of the Revised Code.620

       (3) An automobile club that is a towing company and that 621
provides towing and storage services exclusively to its members or 622
subscribers is not subject to divisions (A), (B), (D), (E), and 623
(F) of section 4921.50 of the Revised Code so long as all fees and 624
charges for towing and storage services are disclosed to members 625
or subscribers in the membership or subscriber agreement.626

        (B) A towing company is not a public utility as defined in 627
section 4911.01 of the Revised Code.628

       Sec. 4921.48. Notwithstanding any provision of Chapters 4901. 629
to 4909., 4921., and 4923. of the Revised Code to the contrary:630

        (A) Not later than six months after the effective date of 631
this section, the public utilities commission shall establish by 632
order a certification system for towing companies and a 633
registration system for vehicle storage companies.634

        (B) Beginning on the effective date of the order or orders of 635
the commission as initially issued under division (A) of this 636
section, no person shall hold itself out or operate as a towing 637
company in this state without holding a valid certificate issued 638
by the commission pursuant to section 4921.49 of the Revised Code, 639
and no person shall hold itself out or operate as a vehicle 640
storage company without being registered with the commission 641
pursuant to section 4921.52 of the Revised Code.642

       Sec. 4921.49. (A) The public utilities commission shall 643
approve an application for a towing company certificate or 644
certificate renewal under sections 4921.45 to 4921.55 of the 645
Revised Code and shall issue or renew a certificate, provided the 646
applicant submits to the commission a completed application on a 647
form prescribed by the commission and also pays the application 648
fee set by the commission pursuant to division (C) of this 649
section. For applicant motor transportation companies, the 650
application form shall be substantially the same as the 651
application prescribed by the commission pursuant to sections 652
4921.08 and 4921.09 of the Revised Code; for applicant private 653
motor carriers, the application form shall be substantially the 654
same as the application prescribed by the commission pursuant to 655
section 4923.05 of the Revised Code. An application also shall 656
include a certification of all of the following by responsible 657
officials of the applicant:658

        (1) The applicant's workers' compensation coverage is current 659
pursuant to Chapter 4123. of the Revised Code.660

        (2) The applicant's unemployment compensation coverage is 661
current pursuant to Chapter 4141. of the Revised Code.662

        (3) The financial responsibility of an applicant motor 663
transportation company relating to liability insurance or bond 664
complies with rules adopted by the commission under section 665
4921.11 of the Revised Code, and the financial responsibility of 666
an applicant private motor carrier relating to liability insurance 667
or bond complies with rules adopted by the commission under 668
section 4923.08 of the Revised Code.669

        (4) The applicant is not insolvent.670

       (5) The applicant has not been convicted of fraud or had a 671
civil judgment rendered against it for fraud nor has any officer, 672
director, or partner of an applicant that is a corporation or 673
partnership during the officer's, director's, or partner's tenure.674

       The commission shall not approve any application that does 675
not contain the certifications required by divisions (A)(1) to (5) 676
of this section.677

       (B) A certificate issued under division (A) of this section 678
is valid for one year and is renewable annually.679

       (C) The commission shall set the application fee for a 680
certificate or certificate renewal in such amount as provides 681
sufficient revenue to cover the commission's costs in carrying out 682
its duties solely regarding towing companies under sections 683
4921.45 to 4921.55 of the Revised Code. The fee revenue shall be 684
deposited to the credit of the public utilities fund created under 685
section 4905.10 of the Revised Code.686

       Sec. 4921.50.  No towing company shall do any of the 687
following:688

       (A) Fail to make available for public inspection during 689
normal business hours its current certificate under section 690
4921.49 of the Revised Code;691

       (B) Fail to include its certificate number on all 692
advertising, written estimates, contracts, and invoices, in such 693
manner as the public utilities commission shall prescribe by rule;694

       (C) Fail to notify the commission, within fifteen days after 695
the change occurs and on such form as the commission shall 696
prescribe by rule, of any change in the location of the company's 697
offices or principal place of business;698

       (D) Fail to file at least annually with the commission a 699
schedule of its fees and charges for towing a motor vehicle and 700
its fees and charges for motor vehicle storage incidental to a tow 701
by the company, including those under division (E) of section 702
4513.60 of the Revised Code. Storage charges under the schedule 703
shall not be charged until after notification is made under 704
division (H) of this section or charged for any time the storage 705
facility is closed for business. Except for a tow under section 706
4513.60 of the Revised Code, storage fees and charges under the 707
schedule shall be per twenty-four-hour period or any fraction 708
thereof and shall distinguish between inside and outside storage.709

       (E) Except when a tow is requested by a peace officer, 710
including under division (A) of section 4513.60 of the Revised 711
Code, or in the case of a tow under division (B) of that section, 712
fail to obtain the advance, written consent of the owner or 713
operator of the motor vehicle;714

       (F) Except when a tow is requested by a peace officer, 715
including under division (A) of section 4513.60 of the Revised 716
Code, or in the case of a tow under division (B) of that section, 717
fail to present the operator of the motor vehicle to be towed a 718
customer bill of rights for the towing service and any storage 719
service it provides at a storage facility of the towing company, 720
and, in every case, if the operator is not the owner, fail to 721
present or cause to be presented that bill of rights to the owner 722
at the time of the vehicle's recovery from storage at its storage 723
facility or at the facility of a vehicle storage company. The 724
commission shall prescribe the form of the customer bill of rights 725
for towing service.726

       (G) Except when a tow is requested by a peace officer, 727
including under division (A) of section 4513.60 of the Revised 728
Code, fail to provide the owner of the towed motor vehicle an 729
itemized invoice detailing the towing and, if applicable, storage 730
fees and charges and fail to maintain at least one copy of the 731
invoice at its principal place of business for at least two years 732
after the date of service;733

       (H) Except when a tow is requested by a peace officer, 734
including under division (A) of section 4513.60 of the Revised 735
Code, or when the owner or operator of the motor vehicle gives 736
advance consent to the tow, fail to notify the local law 737
enforcement agency with jurisdiction over the location from which 738
the vehicle is towed, within four hours after the towing, 739
including any tow from a private tow-away zone under division (B) 740
of section 4513.60 of the Revised Code. The notification shall 741
include the date and time of towing, the locations from which and 742
to which the vehicle was towed, the make, model, approximate model 743
year, color, and license plate number of the towed vehicle, and 744
telephone numbers for the towing company and the storage facility.745

       (I) Charge an amount for any tow that exceeds the amount that 746
would apply to use of a towing vehicle of the company having 747
adequate, but not greater, capacity to perform the tow safely in 748
terms of public safety and in accordance with the towing vehicle 749
manufacturer's specifications;750

       (J) Fail to provide towing service using a towing vehicle 751
having adequate capacity to perform the tow safely in terms of 752
public safety and in accordance with the towing vehicle 753
manufacturer's specifications;754

       (K) Provide wheel-lift or roll-back towing service unless a 755
peace officer or the motor vehicle owner or operator requests the 756
service or a recognized industry publication or manufacturer has 757
specified that the service is necessary for the proper towing of 758
the vehicle;759

       (L) Charge an amount for towing or any storage at a storage 760
facility of the towing company other than the amount applicable 761
under its schedule filed pursuant to division (D) of this section 762
or, if a tow is done at the request of a peace officer other than 763
a state highway patrol trooper or at the request of the owner of 764
private property that has established a private tow-away zone 765
under division (B) of section 4513.60 of the Revised Code, charge 766
an amount other than that applicable under any towing service 767
contract between the towing company and the political subdivision 768
by which the peace officer is employed or, as applicable, the 769
owner of the private property.770

       Sec. 4921.51.  The public utilities commission shall adopt 771
rules governing towing companies. The rules shall not be 772
inconsistent with applicable federal law and at minimum shall 773
prescribe all of the following:774

       (A) Requisite disclosure of a towing company's rates and 775
charges for towing service and any storage service at its storage 776
facility;777

       (B) The form of the customer bill of rights regarding towing 778
service and any such storage service;779

       (C) Requisite permissible forms of payment for towing service 780
and any storage service at the company's storage facility;781

       (D) Requisite minimum hours of operation during which a towed 782
or stored vehicle may be reclaimed at the company's storage 783
facility;784

       (E) Requisite access for an owner or operator of a motor 785
vehicle the company tows to retrieve personal effects from the 786
towed or stored vehicle;787

       (F) Acceptable forms that shall be sufficient to evidence 788
that a towing company is performing a properly authorized tow;789

       (G) Uniform standards by which a person shall evidence proof 790
of ownership or right to possession of a towed or stored vehicle, 791
which standards shall be consistent with the standards specified 792
in division (E) of section 4513.60 of the Revised Code;793

       (H) Standards for requisite display of a towing company's 794
certificate number that shall be sufficient to evidence its 795
certification;796

       (I) In accordance with the manufacturer's specifications for 797
the towing vehicle or for any equipment the company uses in 798
towing, requisite minimum safety equipment for towing motor 799
vehicles, including minimum specifications for a wheel-lift and a 800
roll-back tow vehicle, a light slide-back carrier, heavy 801
slide-back carrier, one-ton towing vehicle, two-ton towing 802
vehicle, and three-ton towing vehicle. Items covered by the 803
specifications for a towing vehicle that uses a slide-back carrier 804
shall include, but are not limited to, vehicle chassis, winch, 805
steel cable, and the slide-back carrier. Items covered by the 806
specifications for a towing vehicle that does not use a slide-back 807
carrier shall include, but are not limited to, vehicle chassis, 808
crane, winch, steel cable, and tow sling.809

       (J) Any other rules the commission determines necessary for 810
consumer protection or public safety relating to a towing 811
company's towing and storage of motor vehicles that do not affect 812
the contractual agreements between an automobile club and its 813
members or subscribers.814

       Sec. 4921.52.  The public utilities commission shall 815
prescribe the form of vehicle storage company registration 816
required by section 4921.48 of the Revised Code. The registration 817
is valid for one year and is renewable annually. The commission 818
shall set registration and registration renewal fees in such 819
amounts as provide sufficient revenue to the commission in 820
carrying out its duties solely with respect to vehicle storage 821
companies under sections 4921.45 to 4921.55 of the Revised Code. 822
The fee revenue shall be deposited to the credit of the public 823
utilities fund.824

       Sec. 4921.53.  No vehicle storage company shall fail to do 825
any of the following:826

       (A) At the time of recovery of a motor vehicle brought to the 827
company's storage facility by a towing company, fail to present to 828
the person recovering the vehicle a customer bill of rights for 829
the storage service, the form of which the public utilities 830
commission shall prescribe by rule;831

       (B) Fail to file at least annually with the commission a 832
schedule of its fees and charges for storing any such motor 833
vehicle, including storage fees and charges under division (E) of 834
section 4513.60 of the Revised Code. Storage fees and charges 835
under the schedule shall not be charged for any time the vehicle 836
storage company's storage facility is closed for business. Except 837
for storage of a towed vehicle by a towing company under section 838
4513.60 of the Revised Code, storage fees and charges under the 839
schedule shall be per twenty-four-hour period or any fraction 840
thereof and shall distinguish between inside and outside storage.841

       (C) At the time of the vehicle's recovery, fail to provide 842
the owner of a motor vehicle towed to its storage facility by a 843
towing company an itemized invoice detailing the pertinent storage 844
fees and charges, and fail to maintain at least one copy of the 845
invoice at its principal place of business for at least two years 846
after the termination date of the storage service;847

       (D) Charge an amount, for storage of a motor vehicle towed to 848
the vehicle storage company's storage facility by a towing 849
company, other than the amount applicable under the vehicle 850
storage company's schedule filed pursuant to division (B) of this 851
section or, if a tow is done at the request of a peace officer 852
other than a state highway patrol trooper or at the request of the 853
owner of private property that has established a private tow-away 854
zone under division (B) of section 4513.60 of the Revised Code, 855
charge an amount other than that applicable under any motor 856
vehicle storage contract between the vehicle storage company and 857
the political subdivision by which the peace officer is employed 858
or, as applicable, the owner of the private property.859

       Sec. 4921.54.  The public utilities commission shall adopt 860
rules governing vehicle storage companies. The rules shall be 861
limited to the following:862

       (A) Requisite disclosure of a vehicle storage company's rates 863
and charges for storing a motor vehicle brought to the company's 864
storage facility by a towing company;865

       (B) The form of the customer bill of rights regarding that 866
storage service;867

       (C) Requisite permissible forms of payment for the company's 868
storage service for motor vehicles brought to its storage facility 869
by a towing company, which forms shall be the same as those 870
prescribed for storage service under division (C) of section 871
4921.51 of the Revised Code;872

       (D) Requisite minimum hours of operation during which a 873
stored vehicle brought to the company's storage facility by a 874
towing company may be recovered from the facility;875

       (E) Requisite access for the vehicle owner or operator to 876
retrieve personal effects from a stored motor vehicle towed to the 877
storage facility by a towing company;878

       (F) Uniform standards by which a person shall evidence proof 879
of ownership or right to possession of such a stored vehicle, 880
which standards shall be the same as the standards specified in 881
division (G) of section 4921.51 of the Revised Code.882

       Sec. 4921.55.  The public utilities commission may 883
investigate any alleged violation or noncompliance by a towing 884
company or vehicle storage company of any applicable provision of 885
sections 4921.45 to 4921.55 of the Revised Code or a rule or order 886
issued under those sections and take any action necessary to 887
ensure compliance or remedy the violation or noncompliance, which 888
may include, but is not limited to, an action under section 889
4921.99 of the Revised Code or, as applicable, a suspension or 890
revocation of the company's certificate issued under section 891
4921.49 of the Revised Code or a rescission of the company's 892
registration authorized under section 4921.52 of the Revised Code. 893
The commission may suspend or revoke a certificate, or rescind a 894
registration, if, after at least fifteen days' advance, written 895
notice to the certificate holder or registrant of the basis for 896
such action and providing an opportunity for hearing, the 897
commission finds that the holder or registrant is violating or 898
failing, or has violated or failed, to comply with an applicable 899
provision of sections 4921.45 to 4921.55 of the Revised Code or of 900
a rule adopted or order issued under those sections.901

       Sec. 4921.99.  (A)(1) Except for those violations for which a 902
forfeiture is provided in section 4905.83 of the Revised Code, 903
whoever violates a provision of this chapter is liable to the 904
state for a forfeiture of not more than ten thousand dollars for 905
each day of each violation. The public utilities commission, after 906
providing reasonable notice and the opportunity for a hearing in 907
accordance with the procedural rules adopted under section 4901.13 908
of the Revised Code, shall assess, by order, a forfeiture upon a 909
person whothat the commission determines, by a preponderance of 910
the evidence, committed the violation. In determining the amount 911
of the forfeiture for a violation discovered during a roadside 912
inspection and to the extent applicable, the commission shall be 913
consistent with the recommended fine or penalty schedule and 914
recommended civil penalty procedure adopted by the commercial 915
vehicle safety alliance, but shall not exceed one thousand 916
dollars. In determining the amount of the forfeiture for a 917
violation discovered during a compliance review of fixed 918
facilities and to the extent applicable, the commission shall be 919
consistent with the civil penalty guidelines adopted by the United 920
States department of transportation's federal highway 921
administration, but shall not exceed ten thousand dollars. In the 922
case of a violation of, or noncompliance with, a provision of 923
sections 4921.45 to 4921.55 of the Revised Code or a rule adopted 924
or order issued under those sections, the amount of the forfeiture 925
shall be at least one thousand dollars.926

       The attorney general, upon the written request of the 927
commission, shall bring a civil action in the court of common 928
pleas of Franklin county to collect a forfeiture assessed under 929
this section. The commission shall account for the forfeitures 930
collected under this section and pay them to the treasurer of 931
state pursuant to section 4923.12 of the Revised Code.932

       (2) The attorney general, upon the written request of the 933
commission, shall bring an action for injunctive relief in the 934
court of common pleas of Franklin county against any person who935
that has violated or is violating any order issued by the 936
commission to secure compliance with a provision of this chapter. 937
The court of common pleas of Franklin county has jurisdiction to 938
and may grant preliminary and permanent injunctive relief upon a 939
showing that the person against whom the action is brought has 940
violated or is violating any order issued by the commission to 941
secure compliance with this chapter. The court shall give 942
precedence to such an action over all other cases.943

       (B) The amount of any forfeiture may be compromised at any 944
time prior to collection of the forfeiture. The commission shall 945
adopt rules governing the manner in which the amount of a 946
forfeiture may be established by agreement prior to the hearing on 947
the forfeiture before the commission.948

       (C) The proceedings of the commission specified in division 949
(A) of this section are subject to and governed by Chapter 4903. 950
of the Revised Code, except as otherwise specifically provided in 951
this section. The court of appeals of Franklin county has 952
exclusive, original jurisdiction to review, modify, or vacate an 953
order of the commission issued to secure compliance with a 954
provision of this chapter and an order issued under division 955
(A)(1) of this section assessing a forfeiture. The court of 956
appeals shall hear and determine those appeals in the same manner, 957
and under the same standards, as the supreme court hears and 958
determines appeals under Chapter 4903. of the Revised Code.959

       The judgment of the court of appeals is final and conclusive 960
unless reversed, vacated, or modified on appeal. Such appeals may 961
be taken either by the commission or the person to whom the 962
compliance order or forfeiture assessment was issued and shall 963
proceed as in the case of appeals in civil actions as provided in 964
the Rules of Appellate Procedure and Chapter 2505. of the Revised 965
Code.966

       (D) Section 4903.11 of the Revised Code does not apply to an 967
appeal of an order issued to secure compliance with this chapter 968
or an order issued under division (A)(1) of this section assessing 969
a forfeiture. Any person to whom any such order is issued who 970
wishes to contest the compliance order, the fact of the violation, 971
or the amount of the forfeiture shall file a notice of appeal, 972
setting forth the order appealed from and the errors complained 973
of, within sixty days after the entry of the order upon the 974
journal of the commission. The notice of appeal shall be served, 975
unless waived, upon the chairmanchairperson of the commission or, 976
in the event of histhe chairperson's absence, upon any public 977
utilities commissioner, or by leaving a copy at the office of the 978
commission at Columbus. An order issued by the commission to 979
secure compliance with a provision of this chapter or an order 980
issued under division (A)(1) of this section assessing a 981
forfeiture shall be reversed, vacated, or modified on appeal if, 982
upon consideration of the record, the court is of the opinion that 983
the order was unlawful or unreasonable.984

       Sec. 4923.01.  As used in sections 4923.01 to 4923.17, 985
inclusive, of the Revised Codethis chapter:986

       (A) "Public utility" has the same meaning set forthas in 987
section 4905.02 of the Revised Code.988

       (B) "Telegraph company," "telephone company," "electric light 989
company," "gas company," "natural gas company," "pipe-line 990
company," "water-works company," "sewage disposal system company," 991
"heating or cooling company," "messenger company," "street railway 992
company," "suburban railroad company," "interurban railroad 993
company," and "motor-propelledMotor-propelled vehicle" havehas994
the same meaning set forthas in section 4905.03 of the Revised 995
Code.996

       (C) "Railroad" has the meaning set forth in section 4907.02 997
of the Revised Code.998

       (D) "Motor transportation company" has the same meaning set 999
forthas in sectionssection 4905.03 and 4921.02 of the Revised 1000
Code.1001

       (E)(D) "Trailer," "public highway," "fixed termini,"and1002
"regular route," and "irregular route" have the meaning set forth1003
same meanings as in section 4921.02 of the Revised Code.1004

       (E) "Towing company" has the same meaning as in section 1005
4921.45 of the Revised Code.1006

       Sec. 4923.02.  As used in sections 4923.01 to 4923.17 of the 1007
Revised Code:1008

       (A) "Private motor carrier" or "contract carrier by motor 1009
vehicle" includes every corporation, company, association, 1010
joint-stock association, person, firm, or copartnership, their 1011
lessees, legal or personal representatives, trustees, or receivers 1012
or trustees appointed by any court, not included in the definition 1013
under section 4921.02 of the Revised Code, when engaged in the 1014
business of private carriage of persons or property, or both, or 1015
of providing or furnishing such transportation service, for hire,1016
in or by motor-propelled vehicles of any kind, including trailers, 1017
over any public highway in this state, but does not include any 1018
corporation, company, association, joint-stock association, 1019
person, firm, or copartnership, their lessees, legal or personal 1020
representatives, trustees, or receivers or trustees appointed by 1021
any court:1022

       (1) Engaged or proposing to engage, directly or indirectly, 1023
as a private owner or operator of motor vehicles employed or used 1024
by a private motor carrier, or by a motor transportation company 1025
as defined in section 4921.02 of the Revised Code;1026

       (2) Insofar as they are engaged in the not-for-hire 1027
transportation of persons in church buses as defined in section 1028
4503.07 of the Revised Code or the transportation of property, or 1029
both, when either transportation is performed exclusively within 1030
the territorial limits of a municipal corporation or within such 1031
limits and the territorial limits of municipal corporations 1032
immediately contiguous to such municipal corporations;1033

       (3) Engaged in the transportation of persons in taxicabs in 1034
the usual taxicab business;1035

       (4)(2) Engaged in the transportation of pupils in school 1036
busses operating to or from school sessions or school events;1037

       (5)(3) Engaged, as a motor transportation company holding a 1038
certificate of public convenience and necessity for the 1039
transportation of persons, in the carriage of persons in emergency 1040
or additional motor vehicles on charter party trips to or from any 1041
point within the county or counties in or through which such motor 1042
transportation company provides regular route scheduled service, 1043
provided that such use of such emergency or additional motor 1044
vehicle is reported and the tax paid as prescribed by the public 1045
utilities commission by general rule or temporary order;1046

       (6)(4) Engaged in the transportation of farm supplies to the 1047
farm or farm products from farm to market;1048

       (7)(5) Engaged in the operation of motor vehicles for 1049
contractors on public road work;1050

       (8)(6) Engaged in the transportation of newspapers;1051

       (9)(7) Engaged in the transportation of crude petroleum 1052
incidental to gathering from wells and delivery to destination by 1053
pipe line;1054

       (10)(8) Engaged in theor proposing to engage as a towing of 1055
disabled or wrecked motor vehiclescompany;1056

       (11)(9) Engaged in the transportation of injured, ill, or 1057
deceased persons by hearse or ambulance;1058

       (12)(10) Engaged in transportation of compost (a combination 1059
of manure and sand or shredded bark mulch) or shredded bark mulch;1060

       (13)(11) Engaged in the transportation of persons in a 1061
ridesharing arrangement when any fee charged each person so 1062
transported is in such amount as to recover only the person's 1063
share of the costs of operating the motor vehicle for such 1064
purpose.1065

       (B) "Motor vehicle" includes any automobile, automobile 1066
truck, tractor, trailer, semitrailer, motor bus, or any other 1067
self-propelled vehicle not operated or driven upon fixed rails or 1068
tracks.1069

       (C) "Charter party trip" means the carriage of persons in one 1070
or more motor vehicles under a special contract for the exclusive 1071
use of each such vehicle for each trip, which contract shall not 1072
provide for continuing operations between the same termini, and 1073
which operation shall in no event become regular. The limitations 1074
of section 4921.18 and any other sections of the Revised Code as 1075
to the seating capacity of such emergency or additional motor 1076
vehicles operated by a motor transportation company do not apply 1077
to charter party trips.1078

       (D) "Ridesharing arrangement" has the same meaning as in 1079
section 4921.02 of the Revised Code.1080

       Sec. 4923.03.  The public utilities commission may:1081

       (A) Supervise and regulate each private motor carrier in this 1082
state;1083

       (B) Prescribe reasonable safety rules;1084

       (C) Prescribe safety rules applicable to the transportation 1085
and offering for transportation of hazardous materials in 1086
intrastate commerce within this state by a private motor carrier 1087
or a contract carrier by motor vehicle. The rules shall be 1088
consistent with, and equivalent in scope, coverage, and content 1089
to, the "Hazardous Materials Transportation Act," 88 Stat. 2156 1090
(1975), 49 U.S.C.A. 1801, as amended, and regulations adopted 1091
under it. No person shall violate a rule adopted under this 1092
division or an order of the commission issued to secure compliance 1093
with any such rule.1094

       (D) Prescribe reasonable rules for the administration and 1095
enforcement of this chapter and Chapters 4901., 4903., 4905., 1096
4907., 4909., and 4921. of the Revised Code applying to each such 1097
contract carrier by motor vehicle in this state;1098

       (E) Require the filing of such annual and other reports as 1099
the commission prescribes;1100

       (F) Supervise and regulate the operation of private motor 1101
carriers to the exclusion of all local authorities in this state 1102
except as provided in this section.1103

       In the exercise of the jurisdiction conferred upon it by 1104
those chapters, the commission may prescribe rules affecting 1105
private motor carriers that are not towing companies as defined in 1106
section 4921.45 of the Revised Code, notwithstanding any 1107
ordinance, resolution, license, or permit enacted, adopted, or 1108
granted by any township, municipal corporation, municipal 1109
corporation and county, or county. In case of conflict between any 1110
such ordinance, resolution, license, or permit, the order or rule 1111
of the commission shall prevail. LocalExcept as to towing 1112
companies as defined in section 4921.45 of the Revised Code, local1113
subdivisions may make reasonable local police rules applicable1114
within their respective boundaries to private motor carriers and 1115
not inconsistent with sections 4921.18, 4921.30, 4921.32, and 1116
4923.02 to 4923.17 of the Revised Code.1117

       The commission has jurisdiction to receive, hear, and 1118
determine as a question of fact, upon complaint of any party or 1119
upon its own motion, and upon not less than fifteen days' notice 1120
of the time and place of the hearing and the matter to be heard, 1121
whether any corporation, company, association, joint-stock 1122
association, person, firm, or copartnership, or their lessees, 1123
legal or personal representatives, trustees, or receivers or 1124
trustees appointed by any court, is engaged as a private motor 1125
carrier. The finding of the commission on such a question is a 1126
final order that may be reviewed as provided in section 4923.10 of 1127
the Revised Code.1128

       Sec. 4923.04.  No private motor carrier shall operate any 1129
motor vehicle for the transportation of persons or property, or 1130
both, for hire, on any public highway in this state except in 1131
accordance with Chapters 4901., 4903., 4905., 4907., 4909., 4921., 1132
and 4923., and 4925. of the Revised Code. No such private motor 1133
carrier shall continue or commence its operation as such in this 1134
state without obtaining a permit from the public utilities 1135
commission as provided in sectionssection 4923.05 to 4923.07, 1136
inclusive, of the Revised Code.1137

       Sec. 4923.05.  The public utilities commission shall adopt 1138
rules prescribing the manner and form in which private motor 1139
carriers shall apply for permits. Among other things, such rules 1140
shall provide that such applications shall:1141

       (A) Be made in writing on blanks furnished by the commission;1142

       (B) Show the principal office or place of business of such 1143
private motor carrier;1144

       (C) Contain full information concerning the number, kind, and 1145
capacity of motor vehicles used or to be used by the applicant;1146

       (D) Contain the names of the persons, firms or corporations, 1147
and their addresses, with whom the applicant has contracted or 1148
proposes to contract as a private motor carrier;1149

       (E) Have attached to and made a part of such application an 1150
affidavit signed by each such person, firm, or corporation so 1151
named by and proposing to employ the applicant as its private 1152
contract carrier by motor vehicle, which affidavit shall be in the 1153
form prescribed by the commission and shall evidence that a bona 1154
fide special contract of carriage in writing has been entered into 1155
and signed by the applicant and each such employer, which contract 1156
is effective only upon the granting by the commission of the 1157
permit sought or required;1158

       (F) Be accompanied by such contract, or any change or 1159
modification of such contract, duly executed by the applicant and 1160
each such person, firm, or corporation employing or proposing to 1161
employ the applicant, which contract, among other things, shall be 1162
bilateral, shall specify the transportation service to be rendered 1163
for the contracting party employing such carrier provided such 1164
transportation service shall not include transportation from 1165
possession or control for the purposes of storage or 1166
transportation by the contracting party, the full compensation to 1167
be paid to the applicant for its services, and the basis upon 1168
which such rates and charges are computed, shall provide for a 1169
series of shipments during a stated period of time, and shall 1170
provide that the full compensation for the services rendered or 1171
proposed to be rendered under such contract shall be paid to such 1172
contract carrier by motor vehicle by the other contracting party.1173

       Section 2. That existing sections 4513.60, 4901.01, 4903.01, 1174
4905.01, 4905.03, 4907.01, 4909.01, 4921.01, 4921.02, 4921.36, 1175
4921.99, 4923.01, 4923.02, 4923.03, 4923.04, and 4923.05 and 1176
sections 4921.30, 4923.06, and 4923.07 of the Revised Code are 1177
hereby repealed.1178

       Section 3. A towing company as defined in section 4921.45 of 1179
the Revised Code as enacted by this act and operating in this 1180
state pursuant to a certificate or permit issued prior to the 1181
effective date of this section by the Public Utilities Commission 1182
under sections 4921.01 to 4921.32 or 4923.01 to 4923.17 of the 1183
Revised Code may continue to engage in such business under the 1184
terms and conditions of the certificate or permit, provided that 1185
the company files an application with the Commission for a 1186
certificate in accordance with sections 4921.45 to 4921.55 of the 1187
Revised Code not later than one month after the effective date of 1188
the order issued by the Commission under section 4921.48 of the 1189
Revised Code. The company may continue to engage in such business 1190
under its existing certificate or permit until the later of the 1191
last day of that month or the effective date of the Commission's 1192
approval or disapproval of the company's application. On the 1193
applicable date, the company's existing certificate or permit 1194
expires by operation of law. Nothing in this section or in the 1195
terms or conditions of an existing certificate or permit affects 1196
the right of another person to apply for, or the authority of the 1197
Commission to grant to such person, as of the effective date of 1198
the order, a certificate under sections 4921.45 to 4921.55 of the 1199
Revised Code.1200

       Section 4. A towing company as defined in section 4921.45 of 1201
the Revised Code as enacted by this act and operating in this 1202
state prior to the effective date of the Commission's order issued 1203
under section 4921.48 of the Revised Code, and that was exempt 1204
from regulation by the Commission pursuant to division (A)(2) of 1205
section 4921.02 or division (A)(2) or (10) of section 4923.02 of 1206
the Revised Code, as those sections existed prior to the effective 1207
date of this section, may continue to so engage in that business, 1208
provided the company files an application with the Commission for 1209
a certificate in accordance with sections 4921.45 to 4921.55 of 1210
the Revised Code not later than 90 days after the effective date 1211
of the order issued by the Commission under section 4921.48 of 1212
the Revised Code. The company may continue to engage in such 1213
business under its existing exemption until the effective date of 1214
the Commission's approval or disapproval of the company's 1215
application.1216

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