PUCO Rescinds Administrative Rules Applying to Private Commercial Motor Carriers

The Public Utilities Commission of Ohio (PUCO) recently rescinded administrative rules applying to private commercial motor vehicles with a gross vehicle weight (GVW) between 10,001 and 26,000 pounds operating in intrastate commerce.

“The PUCO has received feedback from numerous interested parties, including lawmakers and industry members, that these rules deserve additional review,” said PUCO Chairman Todd A. Snitchler. “It is important for the PUCO to operate at the speed of business and implement regulations that promote safety while at the same time allow businesses to compete and operate efficiently.  Today’s decision is a step in that direction.”

In 2008, the Commission approved amendments to Ohio’s motor carrier safety rules that applied PUCO jurisdiction to private commercial motor vehicles with a GVW between 10,001 and 26,000 pounds that transport property or passengers on a not-for-hire basis within Ohio. The Commission later delayed active enforcement of the rules until 2012 while it conducted an outreach program to further educate affected carriers.

The PUCO hosted a series of listening sessions across Ohio this winter to gather input from affected carriers about the operational and financial costs of compliance with the rules. Based on feedback from interested parties, the Commission finds it prudent to rescind the rules while changes to the rules are considered. As a result, roadside educational stops for these affected carriers will no longer take place.

The Commission directed PUCO staff to file a report within 90 days containing an analysis and recommendations for possible future rule amendments.  In preparing the report, staff will take into account Gov. John Kasich’s Executive Order 2011-01K “Establishing the Common Sense Initiative,” which accounts for the impact a rule has on small businesses.

Fuller Ford performs annual DOT inspections for $89.95. This includes pulling the wheels and performing a complete brake inspection.  The customer will be notified of any violations of PUCO regulations and advised on any brake repairs or other maintenance.  If it is the first DOT inspection, including new vehicles, the DOT inspection plus the required fire extinguisher and triangle kit costs $229.95. Fuller Ford will also put the necessary inspection decal on the truck, keep the required files, and notify you every year when your inspection is due.  Not only are you complying with state law, but you are getting a very important and proper vehicle inspection as well.  Please contact Fuller Ford’s service department for an appointment at http://www.fullerisford.com/service.aspx.

New Regulations For Vehicles With GVWR of 10,001 to 26,000 lbs.

The Public Utilities Commsission (PUCO) has recently revised its rules for motor carrier transportation safety. The newly revised rules extend PUCO’s jurisdiction to regulate vehicle safety to vehicles that are operating on a not-for-hire basis within the state with a GVWR of 10,001 to 26,000 pounds.

Active enforcement of the revised rules will not begin until January 1, 2011. No forfeitures or monetary penalties will be issued until this date unless violations are egregious. PUCO and the Ohio State Patrol have been instructed to use these inspections as opportunities to educate the driver/carrier.

The following is a summary of the requirements if the GVWR is 10,001 or more:

• Drivers must have a medical certificate (NO CDL IS REQUIRED)
• The truck or van must have company marking on each door
• Fire extinguisher must be accessible and secured
• Annual vehicle inspection
• Vehicle equipment must be in proper working order
• Maintenance records must be maintained
• Must maintain $1 million of insurance when hauling vehicles
• When motor vehicles are hauled there are special requirements for securing the load that must be followed
• A driver qualification file must be maintained – including the application for hire and the medical certificate
• Log books must be maintained, unless:
  • If the vehicle(s) is within 150 miles of the business no log book needs to be maintained IF
    • The driver returns to the work reporting location and is released from work within 12 consecutive hours;
    • The driver does not drive more than 11 hours;
    • The driver must have at least 10 hours off between 12 hour shifts; and
    • The company maintains and retains for a period of 6 months accurate time records.

If my vehicle has a GVWR of 10,001 or more and crosses state lines to make pick ups or deliveries, what else must be done?

• The vehicle must have a USDOT number if the vehicle crosses state lines
• The application for a USDOT number will require a safety audit from the PUCO
• Information on obtaining a USDOT number may be found at www.fmcsa.dot.gov

How can I assure that my company’s vehicles do not fall under these new rules?

• Ensure your vehicle GVWR is less than 10,001 pounds if possible. HOWEVER, BE SURE THAT ANY LOAD DOES NOT EXCEED THE VEHICLE’S LOAD CAPACITY!
• If you are using a truck and trailer combination to move cars or motorcycles/APV’s you may not be able to avoid these new rules as the GVWR of the truck and trailer must be less than 10,001 pounds.

Vehicles and drivers that are found to be in noncompliance can be pulled from service on the spot. Additionally, monetary fines may be issued by PUCO. Active enforcement will begin January 1, 2011.

Fuller Ford performs annual DOT inspections for $89.95. This includes pulling the wheels and performing a complete brake inspection.  The customer will be notified of any violations of PUCO regulations and advised on any brake repairs or other maintenance.  If it is the first DOT inspection, including new vehicles, the DOT inspection plus the required fire extinguisher and triangle kit costs $229.95. Fuller Ford will also put the necessary inspection decal on the truck, keep the required files, and notify you every year when your inspection is due.  Not only are you complying with state law, but you are getting a very important and proper vehicle inspection as well.  Please contact Fuller Ford’s service department for an appointment at http://www.fullerisford.com/service.aspx