Cited by Ohio PUCO prior to Sept. 27, 2001?

| Wednesday, May 15, 2002

The Ohio Supreme Court has denied efforts by the Public Utilities Commission of Ohio to reverse a lower court decision invalidating PUCO's adoption of federal motor carrier safety regs as intrastate rules. This means any citations and/or forfeitures issues by the PUCO prior to Sept. 27, 2001, are probably not valid.

Last fall, the court of appeals reversed the PUCO's actions against B&T Express, primarily finding the agency had never properly adopted the FMCSRs into state code. The PUCO fixed that, making rules effective as of Sept. 27. In January, the state Supreme Court rejected the PUCO's attempt to repeal the lower court's decision, and on March 4, 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. If you are among those cases, call OOIDA's Gary Green at 1-800-444-5791 or email ggreen@ooida.com.

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