PUCO Policy for Regulatory Relief in Emergency Situations
The Public Utilities Commission acknowledges that, from time to time, emergency
situations occur which necessitates regulatory relief for motor carriers from the hours-ofservice requirements. However, the Commission does not believe that this policy should
substitute for proper planning and staffing by carriers for the weather conditions routinely
experienced in this state, especially during the winter months.
The following procedure will provide regulatory relief to carriers in intrastate commerce
during times of emergency pursuant to Rule 4901:2-5-05, Ohio Administrative Code,
when necessary to provide for the health and safety of the public. Operating convenience
is not a basis for granting regulatory relief under this policy. Under the following
procedure, the Director of the Transportation Department may grant regulatory relief
from the hours of service regulations to carriers in intrastate commerce in the event of an
emergency or catastrophe.
Individual Motor Carriers Applications
1. In the event that the Federal Motor Carriers Safety Administration (FMCSA) has
issued a notice granting regulatory relief to carriers in interstate commerce, the
Director may grand regulatory relief to carriers in intrastate commerce. Such
relief may be equivalent in scope, coverage and duration to the relief granted by
the FMCSA.
2. In the event of a local emergency where the FMCSA has not acted, the Director
may grant regulatory relief to carriers in intrastate commerce. The Director shall
determine the scope, coverage and duration of such relief.
3. At the earliest possible Commission meeting following the Director’s action, the
regulatory relief will be placed before the Commission for appropriate action.
4. Individual carriers may apply for regulatory relief in writing. The application for
regulatory relief shall include:
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The name, address, telephone number, and facsimile transmission number
of the carrier;
A brief statement explaining how the emergency has impacted the
carrier’s operations and why regulatory relief is necessary; and
Any other information the carrier deems appropriate for the Director to
consider in the application for regulatory relief.
The application may be delivered to the Director by hand delivery, U.S. mail,
electronic mail or facsimile transmission.
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Geographic and Industry-Specific Applications
1. The Director may also consider applications for regulatory relief that are
limited to specific geographic areas of the State. For the purposes of this
policy there will be four geographic areas of quadrants created by using
the intersection of Interstate Highway 70 (I-70) and Interstate Highway 71
(I-71). Additional counties may be included within such areas as
necessary. The Director will consider applications for regulatory relief for
a quadrant or quadrants only if the application contains information from a
sample of individual carriers in that geographic area.
2. Applications for regulatory relief may be submitted to the PUCO by a
single association and shall include:
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The name, address, telephone number, and facsimile transmission
number of the organization that has gathered the information for
carriers in a given geographic area;
The relationship of the above organization to the individual
carriers;
The names, addresses, telephone numbers, and facsimile
transmission number of the individual carriers surveyed;
A brief statement explaining how the emergency has impacted
operations and why regulatory relief is necessary for these carriers;
A certification that none of the carriers involved has an
unsatisfactory safety rating from the Federal Motor Carriers Safety
Administration; and
Any other information the carriers deem appropriate for the
Director to consider in the application for regulatory relief.
The application may be delivered to the Director by hand delivery, U.S. mail,
electronic mail, or facsimile transmission.
3. The organization representing the carriers within a quadrant (or quadrants)
will be notified as soon as possible after a decision has been made on a
request for regulatory relief. The notification will be made by hand
delivery, U.S. mail, electronic mail, or facsimile transmission. The
organization representing the carriers within a quadrant (or quadrants) will
be responsible for notifying the affected carriers and forwarding a copy of
the notice to the carriers.
4. Following receipt of an application for regulatory relief, the Directory may
grant regulatory relief where a carrier has stated adequate grounds for
relief. The Director may also grant regulatory relief for a geographic area
or quadrant of the State where a group of carriers has stated adequate
grounds for relief through a coordinating organization. The notice
granting regulatory relief shall be in writing, shall be signed by the
Director, and shall state the area affected and the duration of the
regulatory relief.
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Limitations on Regulatory Relief
1. No carrier with a safety rating of “unsatisfactory” by the FMCSA shall be
qualified to utilize the regulatory relief granted under this policy.
2. Carriers granted regulatory relief should keep a copy of the notice granting
regulatory relief in each of their vehicles affected by the notice. The
regulatory relief shall not apply to vehicles that do not have a copy of the
notice from the Director.
3. Nothing in this procedure shall limit or otherwise alter a carrier’s duty to
monitor its drivers; to maintain records of duty standards in conformance
with 49 C.F.R. 395.8; and to ensure that drivers are not ill, fatigued,
impaired or otherwise unable to safely operate a commercial motor
vehicle. In addition, nothing in this procedure shall limit or otherwise
alter a carrier’s duty to comply with the US DOT Hazardous Materials
Regulations as adopted by the State of Ohio.
4. Nothing in this procedure shall be construed to provide an exemption from
the Federal Motor Carrier Safety Regulations and the US DOT Hazardous
Materials Regulations as adopted by the Commission.
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