March, the Ohio Supreme Court denied all efforts by the Public
Utilities Commission of Ohio to reverse a lower court decision
that invalidated PUCO's adoption of the federal motor carrier
safety regulations as intrastate rules. What this basically
means is that any citations and/or forfeitures issued by the
PUCO prior to Sept. 27, 2001 are probably not valid.
the Franklin County Court of Appeals heard an appeal brought
by B & T Express, Inc. over a number of PUCO civil forfeiture
decisions. The court reversed the PUCO's actions against B &
T, primarily because it found that the agency had never properly
adopted the FMCSRs into state code in the first place. On Sept.
27, the PUCO corrected this adoption procedure and the rules
became effective on that date.
of this year, the state Supreme Court rejected the PUCO's attempt
to appeal the lower court's decision, and on March 4 denied
their request for reconsideration.
estimates that it had about 12,000 cases pending at the time
the court struck down its rules. Citations or civil forfeiture
decisions handed down from the PUCO prior to Sept. 27 may be
contestable, whether the citations resulted from a roadside
inspection or a compliance review at the state level. Refunds
for citations previously paid may also be contestable.
are among those cases, OOIDA is interested in hearing from you.
Call Gary Green at 1-800-444-5701 or email firstname.lastname@example.org.