Ohio 2020 PUCO HOS Expanded Coronavirus Relief 3-23-20

OHIO Public Utilities Commission                                                                                   Commissioners

Mike DeWine, Governor                                                                                                   M. Both Trombold

Sam Randazzo, Chairman                                                                                                 Lawrence K. Friedeman

                                                                                                                                                Dennis P. Deters

                                                                                                                                               Daniel R. Conway

Notice

To:                       Interested Carriers

From:                  John Williams, Director

                             Transportation Department

                             Public Utilities Commission of Ohio

Date:                  March 23, 2020

Re:                       Regulatory Relief from Hours-of-Service Requirements for Certain Intrastate Operations of Commercial Motor Vehicles During the Duration of the Coronavirus/COVID-19 Emergency or Until Rescinded

To aid in the relief effort, the Public Utilities Commission of Ohio hereby grants regulatory relief from the hours-of-service requirements pursuant to Ohio Revised Code (ORC) 4923.02(C) and Rule 4901:2-5-05(A)(3) of the Ohio Administrative Code (OAC) for the intrastate commercial motor vehicle operations to meet the immediate needs for consumer goods (food, paper products, and groceries for emergency restocking of distribution centers or stores), medical supplies, gasoline, diesel, propane, heating oil, and waste removal (residential waste and transfer of waste between transfer stations and landfills. The regulatory relief granted in this notice pertains only to the hours-of-service regulations found in 49 C.F.R. Section 395.3.

Rule 4901:2-5-05(A) of the Ohio Administrative Code, provides for regulatory relief for motor carriers operating in intrastate commerce during a time of emergency. On November 4, 1999, the Public Utilities Commission of Ohio adopted and approved a "Policy for Regulatory Relief in Emergency Situations" to implement this rule.

The regulatory relief exempting motor carriers from hours-of-service requirements granted in this notice does not alter a motor carrier's duty to monitor its drivers; maintain records of duty status, and ensure drivers are not ill, fatigued, impaired, or otherwise unable to operate a commercial motor vehicle safely. This regulatory relief does not provide an exemption from the commercial driver's license requirements (refer to 49 C.F.R. Part 383), the controlled substance and alcohol use and testing requirements (refer to 49 C.F.R. Part 382) and/or the financial responsibility (insurance) requirements adopted by the Commission.

Unless otherwise directed, drivers must keep a written or electronic copy of this notice in each vehicle affected by this grant of regulatory relief. This regulatory relief will not apply to vehicles that do not have a copy of this notice.

This grant of regulatory relief is effective immediately and shall remain in effect for the duration of the declared State of Emergency (Executive Order 2020-01D) or until rescinded.

Once this grant of regulatory relief expires, drivers must comply with the off duty requirements in 49 C.F.R. Section 395.3 concerning 60/70 hour rules, or take a 34 hour restart, to return to active duty status.

I encourage all operators with Ohio intrastate authority to identify and communicate other actions that they believe should be taken to facilitate efforts to address, for the benefit of Ohio’s citizens, the risks associated with COVID-19. All such suggested actions should be communicated directly to me as soon as possible using my e-mail address which is john.williams@puco.ohio.gov

I also encourage all operators with Ohio intrastate authority to educate themselves about strategies to manage the risks associated with the spread of COVID-19 and share this information with others. In this regard, the Ohio Department of Health’s website provides some very useful and common sense information at coronavirus.ohio.gov

Please contact the PUCO Transportation Department at (614) 466-0369 with questions regarding this matter.

John D. Williams, Director                                                                                                 March 23, 2020

180 East Broad Street

Columbus, Ohio 43215-3793                                                                                             (614) 466-3016

                                                                                                                                                www.PUCO.ohio.gov