Chapter 341: Commercial Drivers

Sections

Cross references

  • See sectional histories for similar State law
  • Disqualification - see Ohio R.C. 4506.16
  • Suspension or revocation of license - see Ohio R.C. 4507.16
  • Warning devices when disabled on freeways - see Ohio R.C. 4513.28
  • Arrest notice of driver - see Ohio R.C. 5577.14
  • Load limits - see TRAF. Ch. 339

341.01   Definitions

As used in this chapter:

  1. (a) “Alcohol concentration” means the concentration of alcohol in a person’s blood, breath or urine. When expressed as a percentage, it means grams of alcohol per the following:

    1. (1) One hundred milliliters of whole blood, blood serum, or blood plasma;

    2. (2) Two hundred ten liters of breath;

    3. (3) One hundred milliliters of urine.

  2. (b) “Commercial driver’s license” means a license issued in accordance with Ohio R.C. Chapter 4506 that authorizes an individual to drive a commercial motor vehicle.

  3. (c) “Commercial motor vehicle” means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

    1. (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;

    2. (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of 26,001 pounds or more;

    3. (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;

    4. (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen passengers including the driver;

    5. (5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;

    6. (6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.

  4. (d) “Controlled substance” means all of the following:

    1. (1) Any substance classified as a controlled substance under the “Controlled Substances Act,” 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended;

    2. (2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended;

    3. (3) Any drug of abuse.

  5. (e) “Disqualification” means any of the following:

    1. (1) The suspension, revocation, or cancellation of a person’s privileges to operate a commercial motor vehicle;

    2. (2) Any withdrawal of a person’s privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other than parking, vehicle weight, or vehicle defect violations;

    3. (3) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391.

  6. (f) “Drive” means to drive, operate or be in physical control of a motor vehicle.

  7. (g) “Driver” means any person who drives, operates or is in physical control of a commercial motor vehicle or is required to have a commercial driver’s license.

  8. (h) “Driver’s license” means a license issued by the Ohio Bureau of Motor Vehicles that authorizes an individual to drive.

  9. (i) “Drug of abuse” means any controlled substance, dangerous drug as defined in Ohio R.C. 4729.01 or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.

  10. (j) “Employer” means any person, including the Federal Government, any state and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle.

  11. (k) “Endorsement” means an authorization on a person’s commercial driver’s license that is required to permit the person to operate a specified type of commercial motor vehicle.

  12. (l) “Farm truck” means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock and poultry production, and livestock, poultry and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this subsection and is not used in the operations of a motor carrier, as defined in Ohio R.C. 4923.01.

  13. (m) “Fatality” means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of a death.

  14. (n) “Felony” means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this State, regardless of the penalty that may be imposed.

  15. (o) “Foreign jurisdiction” means any jurisdiction other than a state.

  16. (p) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit.

  17. (q) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended.

  18. (r) “Motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.

  19. (s) “Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, local, Canadian or Mexican jurisdiction declaring that a driver, commercial motor vehicle or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.

  20. (t) “Public safety vehicle” has the same meaning as in divisions (E)(1) and (3) of Ohio R.C. 4511.01.

  21. (u) “Recreational vehicle” includes every vehicle that is defined as a recreational vehicle in Ohio R.C. 4501.01 and is used exclusively for purposes other than engaging in business for profit.

  22. (v) “School bus” has the same meaning as in Ohio R.C. 4511.01.

  23. (w) “State” means a state of the United States and includes the District of Columbia.

  24. (x) “Tester” means a person or entity acting pursuant to a valid agreement entered into pursuant to Ohio R.C. 4506.09.

  25. (y) “United States” means the fifty states and the District of Columbia.

  26. (z) “Vehicle” has the same meaning as in Ohio R.C. 4511.01.
    (ORC 4506.01)

341.02   Exemptions

Section 341.02 has been deleted from the Codified Ordinances. Former Ohio R.C. 4506.02 from which Section 341.02 was derived was repealed by Am. Sub. H.B. No. 68, effective June 29,

  1. The exemptions are now contained in Section 341.03.

341.03   Prerequisites to operation of a commercial motor vehicle

  1. (a) Except as provided in subsections (b) and (c) of this section, the following shall apply:

    1. (1) No person shall drive a commercial motor vehicle on a highway in this Municipality unless the person holds, and has in the person’s possession, any of the following:

      1. (A) A valid commercial driver’s license with proper endorsements for the motor vehicle being driven, issued by the Registrar of Motor Vehicles, or by another jurisdiction recognized by this State;

      2. (B) A valid examiner’s commercial driving permit issued under Ohio R.C. 4506.13;

      3. (C) A valid restricted commercial driver’s license and waiver for farm- related service industries issued under Ohio R.C. 4506.24;

      4. (D) A valid commercial driver’s license temporary instruction permit issued by the Registrar, provided that the person is accompanied by an authorized state driver’s license examiner or tester or a person who has been issued and has in the person’s immediate possession a current, valid commercial driver’s license and who meets the requirements of Ohio R.C. 4506.06(B).

    2. (2) No person who has been a resident of this State for thirty days or longer shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.

  2. (b) Nothing in subsection (a) of this section applies to any qualified person when engaged in the operation of any of the following:

    1. (1) A farm truck;

    2. (2) Fire equipment for a fire department, volunteer or nonvolunteer fire company, fire district, joint fire district or the Ohio Fire Marshal;

    3. (3) A public safety vehicle used to provide transportation or emergency medical service for ill or injured persons;

    4. (4) A recreational vehicle;

    5. (5) A commercial motor vehicle within the boundaries of an eligible unit of local government, if the person is employed by the eligible unit of local government and is operating the commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, but only if either the employee who holds a commercial driver’s license issued under Ohio R.C. Chapter 4506 and ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle, or the employing eligible unit of local government determines that a snow or ice emergency exists that requires additional assistance;

    6. (6) A vehicle operated for military purposes by any member or uniformed employee of the armed forces of the United States or their reserve components, including the Ohio national guard. This exception does not apply to United States reserved technicians.

    7. (7) A commercial motor vehicle that is operated for nonbusiness purposes. “Operated for nonbusiness purposes” means that the commercial motor vehicle is not used in commerce as “commerce” is defined in 49 C.F.R. 383.5, as amended, and is not regulated by the Public Utilities Commission pursuant to Ohio R.C. Chapter 4905, 4921, or 4923.

    8. (8) A motor vehicle that is designed primarily for the transportation of goods and not persons, while that motor vehicle is being used for the occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise.

    9. (9) A police SWAT team vehicle.

    10. (10) A police vehicle used to transport prisoners.

  3. (c) Nothing contained in subsection (b)(5) of this section shall be construed as preempting or superseding any law, rule, or regulation of this State concerning the safe operation of commercial motor vehicles.

  4. (d) Whoever violates this section is guilty of a misdemeanor of the first degree.
    (ORC 4506.03)

341.04   Prohibitions

  1. (a) No person shall do any of the following:

    1. (1) Drive a commercial motor vehicle while having in the person’s possession or otherwise under the person’s control more than one valid driver’s license issued by this State, any other state or by a foreign jurisdiction;

    2. (2) Drive a commercial motor vehicle on a highway in this Municipality in violation of an out-of-service order, while the person’s driving privilege is suspended, revoked or canceled, or while the person is subject to disqualification;

    3. (3) Drive a motor vehicle on a highway in this Municipality under authority of a commercial driver’s license issued by another state or a foreign jurisdiction, after having been a resident of this State for thirty days or longer.

  2. (b) Whoever violates this section is guilty of a misdemeanor of the first degree.
    (ORC 4506.04)

341.05   Criminal offenses

  1. (a) No person who holds a commercial driver’s license, or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:

    1. (1) Drive a commercial motor vehicle while having a measureable or detectable amount of alcohol or of a controlled substance in the person’s blood, breath or urine;

    2. (2) Drive a commercial motor vehicle while having an alcohol concentration of four-hundredths of one per cent or more by whole blood or breath;

    3. (3) Drive a commercial motor vehicle while having an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma;

    4. (4) Drive a commercial motor vehicle while having an alcohol concentration of fifty-six-thousandths of one per cent or more by urine;

    5. (5) Drive a motor vehicle while under the influence of a controlled substance;

    6. (6) Drive a motor vehicle in violation of Ohio R.C. 4511.19 or a municipal OVI ordinance as defined in Ohio R.C. 4511.181;

    7. (7) Use a motor vehicle in the commission of a felony;

    8. (8) Refuse to submit to a test under Ohio R.C. 4506.17 or 4511.191;

    9. (9) Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, canceled, or disqualified;

    10. (10) Cause a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;

    11. (11) Fail to stop after an accident in violation of Sections 335.12 to 335.14;

    12. (12) Drive a commercial motor vehicle in violation of any provision of Ohio R.C. 4511.61 to 4511.63 or any federal or local law or ordinance pertaining to railroad-highway grade crossings;

    13. (13) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in Ohio R.C. 3719.01 or the possession with intent to manufacture, distribute, or dispose a controlled substance.

  2. (b) Whoever violates this section is guilty of a misdemeanor of the first degree.
    (ORC 4506.15)

341.06   Employment of drivers of commercial vehicles

  1. (a) Each employer shall require every applicant for employment as a driver of a commercial motor vehicle to provide the applicant’s employment history for the ten years preceding the date the employment application is submitted to the prospective employer. The following information shall be submitted:

    1. (1) A list of the names and addresses of the applicant’s previous employers for which the applicant was the operator of a commercial motor vehicle;

    2. (2) The dates the applicant was employed by these employers;

    3. (3) The reason for leaving each of these employers.

  2. (b) No employer shall knowingly permit or authorize any driver employed by the employer to drive a commercial motor vehicle during any period in which any of the following apply:

    1. (1) The driver’s commercial driver’s license is suspended, revoked or canceled by any state or a foreign jurisdiction;

    2. (2) The driver has lost the privilege to drive, or currently is disqualified from driving, a commercial motor vehicle in any state or foreign jurisdiction;

    3. (3) The driver, the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order in any state or foreign jurisdiction;

    4. (4) The driver has more than one driver’s license.

  3. (c) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of Section 341.05.

  4. (d) No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle if the driver does not hold a valid, current commercial driver’s license or commercial driver’s license temporary instruction permit bearing the proper class or endorsements for the vehicle. No employer shall knowingly permit or authorize a driver to operate a commercial motor vehicle in violation of the restrictions on the driver’s commercial driver’s license or commercial driver’s license temporary instruction permit.

  5. (e)

    1. (1) Whoever violates subsection (a), (b) or (d) of this section is guilty of a misdemeanor of the first degree.

    2. (2) Whoever violates subsection (c) of this section may be assessed a fine not to exceed ten thousand dollars.
      (ORC 4506.20)