Mid-America OSHA Education Center

PUCO rescinds administrative rules applying to private commercial motor carriers

COLUMBUS, OHIO (March 16, 2011) – The Public Utilities Commission of Ohio (PUCO) rescinded administrative rules applying to private commercial motor vehicles with a gross vehicle weight (GVW) between 10,001 and 26,000 pounds operating in intrastate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.

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The Public Utilities Commission of Ohio (PUCO) is the sole agency charged with regulating public utility service. The role of the PUCO is to assure all residential, business, and industrial consumers have access to adequate, safe, and reliable utility services at fair prices while facilitating an environment that provides competitive choices. Consumers with utility-related questions or concerns can call the PUCO hotline at (800) 686-PUCO (7826) and speak with a representative.

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Here is a link to the government website that announces the repeal of PUCO’s rules.

http://www.puco.ohio.gov/PUCO/index.cfm/consumer-information/consumer-topics/new-safety-rules-for-private-intrastate-non-cdl-vehicles/

This is a copy of the what the website says:

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 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 rescinded the rules while changes are considered. As a result, roadside educational stops for affected carriers will no longer take place.

The PUCO staff will file a report with the Commission by June 14, 2011 containing an analysis and recommendations for possible future rule amendments. 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.

 

Further Explanation on the PUCO Rule Change
PUCO has decided to rescind the New Safety Rules for Motor Carriers for the time being. A PUCO representative explained what was going on. He stated that due to the increased comments during the listening sessions, the phone calls from lawmakers and legal representatives, etc., JCAR (Joint Commission on Agency Rules Review) has asked PUCO to analyze these rules and submit a new “bill” for JCAR to review. Inside this bill are several options, such as to eliminate the entire set of rules, or to implement only the safety side and not the driver qualification files, or provide larger exemptions, or to continue with the original set of rules. This process within JCAR takes 65 days. The public should know what is going on within 90 days.

During this “90 Days” which they are estimating, PUCO advises everyone to put their journey to compliance on hold. They will not pull anyone over pertaining to the safety rules which went into effect on January 1, 2011. Instead, they will only pull those over who are violating severe safety rules such as not tying down equipment, driving with a flat tire, or operating a vehicle which could cause harm to others. These type of inspections can result in a fine or the vehicle could be placed out of service. Based on that information, we would recommend, if able, to continue the vehicle annual inspections on the vehicles and have your drivers continue pre-trip inspections to make sure your vehicles are safe for the road. You may not want to continue to send your drivers for medical cards during the next 90 days. Our suggestion… a company can never be too safe. As a company, make a decision on where you want to be on a safety level and go there, whether there are rules to enforce it or not.

HAZMAT Info and Requirements
If you are a company who transports Hazardous Materials, you fall under FMCSA even if you qualified for PUCO’s rules. HazMat has different regulations. If you are transporting Hazardous Materials, we highly recommend you ask about the resources available to you to become compliant on the Federal Level.

CDL Requirement Update
Last week, an interesting question was raised regarding a CDL Class B requirement on vehicles with a combination weight under 26,001 pounds if a trailer is more than 10,001 pounds.

After extensive research we found if you are operating a vehicle with a trailer you may be in need of a CDL without knowing it. If the trailer you are towing is over 10,001 pounds, and the combination weight of the vehicle and trailer is LESS than 26,001 pounds, you are required to have a Class B CDL. This statement was not only shocking to me but to several CDL holders I have talked to. This regulation can be found in 49 CFR 383.5 under the CDL Requirements for a CMV. If this regulation pertains to you and you do not have your CDL, please contact ABC for your options as soon as possible. If you are not sure if you fall under this regulation, please contact us and we will help you figure out your needs.

Vehicle Maintenance Program
ABC’s TRACK Program offers a software package to help you maintain your vehicle program. The Vehicle Maintenance Program was created earlier this year to help you maintain documentation electronically. We have good news! The program is going to be better than ever and will be available on April 1st. We are making the program more user friendly program and it is going to be awesome! If you are interested in this program, please contact us for pricing and more information.

The next program to be developed will be a Driver Qualification Program. This program will be similar to the Vehicle Maintenance and will be very user friendly. It will keep track of all driver medical card expiration dates along with a reminder for them to renew their driver’s license. This program will be available mid-April.

Other programs of interest are a Worker’s Compensation Program for Workplace Injuries, a Vehicle Accident Register for vehicle accidents and to meet the requirements under FMCSA (and PUCO if rules are re-implemented), and a Training Program to record all employee and driver trainings along with the topics, educational materials, and an expiration date for trainings which must be repeated (such as forklift training or CPR and First Aid Training).

For further information, contact:

Susan White, Safety Director
Associated Builders & Contractors, Ohio Valley Chapter
Ohio Valley Construction Education Foundation
Mid-America OSHA Education Center
33 Greenwood Lane
Springboro, OH 45066
Direct 937-521-1580
Fax 937-704-9394
Susan@ovabc.org

 

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