| Sec. 4905.54. Every public utility or railroad and every | 16 |
|
officer of a public utility or railroad shall comply with every | 17 |
|
order, direction, and requirement of the public utilities | 18 |
|
commission made under authority of this chapter and Chapters | 19 |
|
4901., 4903., 4907., and 4909. of the Revised Code, so long as | 20 |
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they remain in force. Except as otherwise specifically provided in | 21 |
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section 4905.95 of the Revised Code, the public utilities | 22 |
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commission may assess a forfeiture of not more than ten thousand | 23 |
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dollars for each violation or failure against a public utility or | 24 |
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railroad that violates a provision of those chapters or that after | 25 |
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due notice fails to comply with an order, direction, or | 26 |
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requirement of the commission that was officially promulgated. | 27 |
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Each day's continuance of the violation or failure is a separate | 28 |
offense. AllExcept as provided in sections 4905.97 to 4905.975 of | 29 |
|
the Revised Code, all forfeitures collected under this section | 30 |
|
shall be credited to the general revenue fund. | 31 |
| Sec. 4905.57. Except as otherwise specifically provided in | 32 |
|
sections 4905.96 and 4923.99 of the Revised Code, actions to | 33 |
|
recover forfeitures provided for in this chapter and Chapters | 34 |
|
4901., 4903., 4907., 4909., and 4923. of the Revised Code shall be | 35 |
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prosecuted in the name of the state and may be brought in the | 36 |
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court of common pleas of any county in which the public utility, | 37 |
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railroad, or motor carrier is located. Such actions shall be | 38 |
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commenced and prosecuted by the attorney general when the attorney | 39 |
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general is directed to do so by the public utilities commission. | 40 |
MoneysExcept as provided in sections 4905.97 to 4905.975 of the | 41 |
|
Revised Code, moneys recovered by such actions shall be deposited | 42 |
|
in the state treasury to the credit of the general revenue fund. | 43 |
| (C) If, pursuant to a proceeding it specially initiates or to | 93 |
|
any other proceeding, the commission finds that an emergency | 94 |
|
exists due to a condition on an intrastate pipe-line | 95 |
|
transportation facility posing a clear and immediate danger to | 96 |
|
life or health or threatening a significant loss of property and | 97 |
|
requiring immediate corrective action to protect the public | 98 |
|
safety, the commission may issue, without notice or prior hearing, | 99 |
|
an order reciting its finding and may direct the attorney general | 100 |
|
to seek the remedies provided in section 4905.96 of the Revised | 101 |
|
Code. The order shall remain in effect for not more than forty | 102 |
|
days after the date of its issuance. The order shall provide for a | 103 |
|
hearing as soon as possible, but not later than thirty days after | 104 |
|
the date of its issuance. After the hearing the commission shall | 105 |
|
continue, revoke, or modify the order and may make findings under | 106 |
|
and seek appropriate remedies as provided in division (B) of this | 107 |
|
section. | 108 |
| Sec. 4905.973. Funds disbursed to an agency under division | 158 |
|
(A)(3) of section 4905.972 of the Revised Code are not subject to | 159 |
|
section 113.08 of the Revised Code. The agency shall deposit the | 160 |
|
funds received into the remediation cost reimbursement fund, which | 161 |
|
is hereby created in the custody of the treasurer of state but not | 162 |
|
as a part of the state treasury. The money in the fund shall be | 163 |
|
used to reimburse contributing agencies for their remediation | 164 |
|
costs to the extent of their contributions to the fund plus any | 165 |
|
investment earnings on those contributions. All investment | 166 |
|
earnings of the fund shall be credited to the fund. | 167 |
| Sec. 4905.974. Annually, between the thirtieth day of June | 168 |
|
and the thirty-first day of July, the public utilities commission | 169 |
|
shall certify to the office of budget and management the balance | 170 |
|
in the local damage payment fund that exceeds the amount pledged | 171 |
|
for disbursements under section 4905.972 of the Revised Code. On | 172 |
|
the thirty-first day of July, or as soon as possible thereafter, | 173 |
|
the director of budget and management shall transfer the excess | 174 |
|
amount to the general revenue fund. | 175 |
| Sec. 4907.47. (A) If, after public hearing as to the | 182 |
|
necessity for installing protective devices at a public railroad | 183 |
|
highway grade crossing, written notice of which is published once | 184 |
|
a week for three consecutive weeks in a newspaper of general | 185 |
|
circulation in the county in which the crossing is located and is | 186 |
|
given the railroad and public authority involved at least thirty | 187 |
|
days in advance of such hearing, it is the opinion of the public | 188 |
|
utilities commission that the public safety requires a gate, | 189 |
|
automatic alarm bell, or other mechanical device to be erected and | 190 |
|
maintained at any place where a public road or street is crossed | 191 |
|
at the same level by a railroad, and the crossing has been | 192 |
|
declared by the commission to be so dangerous and hazardous as to | 193 |
|
require additional protective devices, or the public safety | 194 |
requires that a flagmanflagger be stationed and maintained at | 195 |
|
such crossing, the commission shall give the superintendent, | 196 |
|
manager, or other officer in charge of such railroad a written | 197 |
|
order of what is required, and shall assign the cost of installing | 198 |
|
any such device between the railroad and the public in any | 199 |
|
proportion it determines proper that is consistent with any | 200 |
|
applicable federal requirements, after giving due consideration to | 201 |
|
the factors listed in division (B) of this section. | 202 |
| (B) In assigning the cost of any such device the commission | 203 |
|
shall consider factors of volume of vehicular traffic, volume of | 204 |
|
train traffic, train type and speed, limitations of view and the | 205 |
|
causes thereof, savings, if any, which will inure to the railroad | 206 |
|
as the result of the installation, benefits to the public | 207 |
|
resulting from the reduction of hazard at the crossing, the | 208 |
|
probable cost of the installation, the future cost to the railroad | 209 |
|
of maintaining any such device, and any other special factors and | 210 |
|
conditions that the commission considers relevant. The commission | 211 |
|
may accept a railroad's agreement to maintain the installation as | 212 |
|
being its share of the cost for the protection. If any part of the | 213 |
|
cost is assigned to the public, it shall be apportioned to the | 214 |
|
state agency or political subdivision having jurisdiction over | 215 |
|
such crossing, and may be paid from any funds levied and made | 216 |
|
available for highway or street purposes; provided, that funds | 217 |
|
from the grade crossing protection fund created by section | 218 |
|
4907.472 of the Revised Code may be used to pay the public's share | 219 |
|
of the cost. After the commission has issued an appropriate order | 220 |
|
requiring that additional protective devices be installed by a | 221 |
|
specific date, which shall be a reasonable time from the date of | 222 |
|
the order, the railroad concerned shall erect or install the | 223 |
additional protective devices or station the flagmanflagger | 224 |
|
within the time prescribed by the order. If the additional | 225 |
|
protective devices are not erected or installed within that time, | 226 |
|
the commission may reduce or eliminate the amount of any funds in | 227 |
|
the grade crossing protection fund obligated to pay the public's | 228 |
|
share of the costs relating to the erection, installation, and | 229 |
|
maintenance of the additional protective devices and, consistent | 230 |
|
with any applicable federal requirements, may assign to the | 231 |
|
railroad concerned any amount, up to one hundred per cent, of the | 232 |
|
total amount of the costs of erecting, installing, and maintaining | 233 |
|
the additional protective devices. | 234 |
| Any person owning or operating a railroad and neglecting or | 235 |
|
refusing to erect or maintain such gate, automatic alarm bell, or | 236 |
other mechanical device, or to maintain such flagmanflagger, when | 237 |
|
required by the commission pursuant to this section or section | 238 |
|
4907.471 of the Revised Code, and after the commission has issued | 239 |
|
an appropriate order finding that the public funds will be made | 240 |
|
available with respect to any protective device it has ordered | 241 |
|
installed, shall forfeit to the state, for every such neglect or | 242 |
|
refusal, one thousand dollars, and in addition, shall forfeit one | 243 |
|
thousand dollars for each day such neglect or refusal continues. | 244 |
| Except as provided in sections 4905.97 to 4905.975 of the Revised | 245 |
|
Code, moneys collected from forfeitures under this section shall | 246 |
|
be deposited to the state treasury to the credit of the general | 247 |
|
revenue fund. | 248 |
| Sec. 4907.60. If a railroad fails to perform a duty enjoined | 249 |
|
upon it by Chapter 4901., 4903., 4905., 4907., 4909., or 4959. of | 250 |
|
the Revised Code, or does any act prohibited by any of those | 251 |
|
chapters, for which failure or act no penalty or forfeiture has | 252 |
|
been provided by law, or fails to obey a lawful requirement or | 253 |
|
order made by the public utilities commission or order of any | 254 |
|
court upon application of the commission, the railroad, except as | 255 |
otherwise specifically provided in sectionsections 4905.95 and | 256 |
|
4905.97 to 4905.975 of the Revised Code, shall forfeit into the | 257 |
|
state treasury not less than one hundred nor more than ten | 258 |
|
thousand dollars for each violation or failure. In construing and | 259 |
|
enforcing this section, the act, omission, or failure of any | 260 |
|
officer, agent, or other person acting for or employed by a | 261 |
|
railroad, while acting within the scope of the officer's, agent's, | 262 |
|
or other person's employment, is the act, omission, or failure of | 263 |
|
the railroad. | 264 |
| (B)(1) There is hereby created in the state treasury the | 278 |
|
public utilities transportation safety fund. The fees collected in | 279 |
|
accordance with the unified carrier registration plan under | 280 |
|
section 4921.11 of the Revised Code, the fees collected under | 281 |
|
section 4921.15 of the Revised Code, the taxes and fees remitted | 282 |
|
under section 4921.19 of the Revised Code, the forfeitures imposed | 283 |
|
under section 4923.99 of the Revised Code, except as provided in | 284 |
|
division (B)(2) of this section, and the fines collected under | 285 |
|
section 4163.07 of the Revised Code shall be deposited into the | 286 |
|
state treasury to the credit of the public utilities | 287 |
|
transportation safety fund, until the adjusted credit amount in a | 288 |
|
fiscal year is equal to the total amount appropriated from the | 289 |
|
fund for the fiscal year. Once this point of parity is reached, | 290 |
|
any additional fees, taxes, forfeitures, or fines received during | 291 |
|
the fiscal year shall be credited to the general revenue fund, | 292 |
|
except as provided in division (B)(2) of this section, and except | 293 |
|
for both of the following: | 294 |
| (2) The first eight hundred thousand dollars of forfeitures | 301 |
|
collected under section 4923.99 of the Revised Code, for | 302 |
|
violations of rules adopted under division (A)(2) of section | 303 |
|
4923.04 of the Revised Code, during each fiscal year shall be | 304 |
|
credited to the public utilities transportation safety fund. Any | 305 |
|
forfeitures in excess of that amount shall be deposited into the | 306 |
|
general revenue fund, except for those excess forfeitures | 307 |
|
deposited as required by sections 4905.97 to 4905.975 of the | 308 |
|
Revised Code. In each fiscal year, the commission shall distribute | 309 |
|
moneys from these forfeitures credited to the public utilities | 310 |
|
transportation safety fund for the purposes of emergency response | 311 |
|
planning and the training of safety, enforcement, and emergency | 312 |
|
services personnel in proper techniques for the management of | 313 |
|
hazardous materials releases that occur during transportation or | 314 |
|
otherwise. For these purposes, fifty per cent of all such moneys | 315 |
|
credited to the public utilities transportation safety fund shall | 316 |
|
be distributed to Cleveland state university, forty-five per cent | 317 |
|
shall be distributed to other educational institutions, state | 318 |
|
agencies, regional planning commissions, and political | 319 |
|
subdivisions, and five per cent shall be retained by the | 320 |
|
commission for the administration of this section and for training | 321 |
|
employees. However, if, in any such period, moneys from these | 322 |
|
forfeitures credited to the public utilities transportation safety | 323 |
|
fund equal an amount less than four hundred thousand dollars, the | 324 |
|
commission shall distribute, to the extent of the aggregate amount | 325 |
|
of those moneys, two hundred thousand dollars to Cleveland state | 326 |
|
university and the remainder to other educational institutions, | 327 |
|
state agencies, regional planning commissions, and political | 328 |
|
subdivisions. | 329 |
| (E) There is hereby created in the state treasury the motor | 341 |
|
carrier safety fund. The fund shall consist of money received from | 342 |
|
the United States department of transportation for motor carrier | 343 |
|
safety. The commission shall use the fund to administer the | 344 |
|
state's motor carrier safety assistance program and associated | 345 |
|
grants, including the motor carrier safety assistance program | 346 |
|
basic grant, the incentive grant, the high priority grants, the | 347 |
|
new entrant safety assurance grant, the safety data improvement | 348 |
|
grant, or their equivalents. | 349 |
| (F) If the director of budget and management determines there | 350 |
|
is not sufficient money in the public utilities transportation | 351 |
|
safety fund, the director shall transfer money from the general | 352 |
|
revenue fund to the public utilities transportation safety fund in | 353 |
|
an amount up to the difference between the balance of the public | 354 |
|
utilities transportation safety fund and the appropriations from | 355 |
|
that fund. If the director subsequently determines during the | 356 |
|
fiscal year that the balance of the public utilities | 357 |
|
transportation safety fund exceeds the amount needed to support | 358 |
|
the appropriations from the fund, the director shall transfer the | 359 |
|
excess money, up to the amount of the original transfer, to the | 360 |
|
general revenue fund. | 361 |
| Sec. 4973.11. No company operating a railroad over thirty | 362 |
|
miles in length or an interurban railroad or street railway over | 363 |
four miles in length shall permit a conductor, engineer, fireman | 364 |
fire tender,
brakemanbrakeperson, or trainmantrainperson on a | 365 |
train, a telegraph operator, or a conductor or motormancar | 366 |
|
operator on a street railway, who has worked as such for fifteen | 367 |
consecutive hours, again to go on duty or perform work until he | 368 |
| the person has had at least eight hours' rest, except in cases of | 369 |
|
detention of trains or cars caused by accident, unavoidable or | 370 |
|
otherwise. Such companies shall so regulate the hours of | 371 |
|
employment of their employees that each employee shall have at | 372 |
|
least eight consecutive hours of rest in each period of | 373 |
|
twenty-four hours. | 374 |
A railroad company whichthat knowingly violates this section | 375 |
|
shall forfeit not less than five hundred nor more than one | 376 |
|
thousand dollars for the first offense, and for any subsequent | 377 |
|
offense, not less than one thousand nor more than fifteen hundred | 378 |
|
dollars, to be recovered by civil action in the name of the state. | 379 |
| Except as provided in sections 4905.97 to 4905.975 of the Revised | 380 |
|
Code, forfeiture under this section shall be deposited in the | 381 |
|
state treasury to the credit of the general revenue fund. | 382 |
