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

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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

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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 

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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) of	313
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," "streetStreet	456
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 the	466
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 4911.02	568
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 who	935
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" havehas	994
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,"and	1002
"regular route," and "irregular route" have the meaning set forth	1003
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, local	1113
subdivisions may make reasonable local police rules applicable	1114
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