CHAPTER 341

Commercial Drivers

341.01 Definitions.
341.02 Exemptions.
341.03 Prerequisites to operation of a commercial motor vehicle.
341.04 Prohibitions.
341.05 Criminal offenses.
341.06 Employment of drivers of commercial vehicles.
341.99 Penalty.

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:

(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) One hundred milliliters of blood;

(2) Two hundred ten liters of breath;

(3) One hundred milliliters of urine.

(b) "School bus" has the same meaning as in Ohio R.C. 4511.01.

(c) "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.

(d) "Commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

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

(2) Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;

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

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

(5) Is transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;

(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 Highway 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.

(e) "Controlled substance" means all of the following:

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

(3) Any drug of abuse.

(f) "Disqualification" means withdrawal of the privilege to drive a commercial motor vehicle.

(g) "Drive" means to drive, operate or be in physical control of a motor vehicle.

(h) "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.

(i) "Driver's license" means a license issued by the Ohio Bureau of Motor Vehicles that authorizes an individual to drive.

(j) "Drug of abuse" means any controlled substance, dangerous drug as defined in Ohio R.C. 4729.02 or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes.

(k) "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.

(l) "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.

(m) "Foreign jurisdiction" means any jurisdiction other than a state.

(n) "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.

(o) "Hazardous materials" means materials identified as such under regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.

(p) "Motor vehicle" has the same meaning as in Ohio R.C. 4511.01.

(q) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle issued under this chapter, Ohio R.C. Chapter 4506 or a similar law of another state or of a foreign jurisdiction.

(r) "State" means a state of the United States and includes the District of Columbia.

(s) "United States" means the fifty states and the District of Columbia.

(t) "Vehicle" has the same meaning as in Ohio R.C. 4511.01. (ORC 4506.01)


341.02 EXEMPTIONS.

(a) Nothing in this chapter applies to any person when engaged in the operation of any of the following:

(1) A farm truck;

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

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

(4) A recreational vehicle;

(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. Nothing contained in division (a)(5) hereof shall be construed as preempting or superseding any law, rule, or regulation of this State concerning the safe operation of commercial motor vehicles;

(6) A vehicle owned by the Department of Defense and operated 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 reserve technicians.

(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 4919, 4921 or 4923.

(b) As used in this section:

(1) "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 no more than 150 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 no more than 150 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 paragraph and is not used in the operations of a motor transportation company or private motor carrier.

(2) "Public safety vehicle" has the same meaning as in Ohio R.C. 4511.01(E)(1) and (3).

(3) "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. (ORC 4506.02)


341.03 PREREQUISITES TO OPERATION OF A COMMERCIAL MOTOR VEHICLE.

(a) On and after April 1, 1992, the following shall apply:

(1) No person shall drive a commercial motor vehicle on a highway in this Municipality unless he holds a valid commercial driver's license with proper endorsements for the motor vehicle being driven, issued by the registrar of motor vehicles, a valid examiner's commercial driving permit issued under Ohio R.C. 4506.13, a valid restricted commercial driver's license and waiver for farm-related service industries issued under Ohio R.C. 4506.24 or a valid commercial driver's license temporary instruction permit issued by the Registrar and is accompanied by an authorized state driver's license examiner or tester or a person who has been issued and has in his immediate possession a current, valid commercial driver's license with proper endorsements for the motor vehicle being driven.

(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.

(b) As used in this section, "tester" means a person or entity acting pursuant to a valid agreement entered into under Ohio R.C. 4506.09(B). (ORC 4506.03)


341.04 PROHIBITIONS.
No person shall do any of the following:

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

(b) Drive a commercial motor vehicle on a highway in this Municipality in violation of an out-of-service order, while his driving privilege is suspended, revoked or canceled, or while he is subject to disqualification;

(c) 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. (ORC 4506.04)


341.05 CRIMINAL OFFENSES.
No person shall do any of the following:

(a) Drive a commercial motor vehicle while having a measureable or detectable amount of alcohol or of a controlled substance in his blood, breath or urine;

(b) Drive a commercial motor vehicle while having an alcohol concentration of four- hundredths of one percent (0.04%) or more;

(c) Drive a commercial motor vehicle while under the influence of a controlled substance;

(d) Knowingly leave the scene of an accident involving a commercial motor vehicle driven by the person;

(e) Use a commercial motor vehicle in the commission of a felony;

(f) Refuse to submit to a test under Ohio R.C. 4506.17;

(g) Violate an out-of-service order issued under this chapter or Ohio R.C. Chapter 4506;

(h) Violate any prohibition described in subsections (b) to (g) hereof while transporting hazardous materials.
(ORC 4506.15)


341.06 EMPLOYMENT OF DRIVERS OF COMMERCIAL VEHICLES.

(a) Each employer shall require every applicant for employment as a driver of a commercial motor vehicle to provide the information specified in Ohio R.C. 4506.19.

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

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

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

(3) The driver is subject to an out-of-service order in any state or a foreign jurisdiction;

(4) The driver has more than one driver's license. (ORC 4506.20)


341.99 PENALTY.

(EDITOR'S NOTE: See Section 303.99 for penalties applicable to any misdemeanor classification).
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree. (ORC 4506.99)


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