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hb630_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 630
2025-2026
Representative Dean
Cosponsors: Representatives Willis,
Brennan, Claggett, Daniels, Deeter, Ghanbari, Holmes, John, Kishman,
Klopfenstein, Lampton, LaRe, Lawson-Rowe, Mathews, A., Mathews, T.,
Miller, J., Peterson, Rader, Robb Blasdel, Russo, Salvo, Schmidt,
Sigrist, Swearingen, Thomas, C., Tims, Williams
To
amend
sections
4511.051 and
4513.34
and to enact section 4513.341
of the Revised Code
regarding
police escorts for farm equipment and vehicles that haul agricultural
equipment and produce and the operation of farm equipment and
machinery on limited access highways and freeways.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
4511.051 and
4513.34
be amended and section 4513.341
of the Revised Code be
enacted
to
read as follows:
Sec.
4511.051.
(A)
No person, unless otherwise directed by a police officer, shall:
(1)
As a pedestrian, occupy any space within the limits of the
right-of-way of a freeway, except: in a rest area; on a facility that
is separated from the roadway and shoulders of the freeway and is
designed and appropriately marked for pedestrian use; in the
performance of public works or official duties; as a result of an
emergency caused by an accident or breakdown of a motor vehicle; or
to obtain assistance;
(2)
Occupy any space within the limits of the right-of-way of a freeway,
with: an animal-drawn vehicle; a ridden or led animal; herded
animals; a pushcart; a bicycle, except on a facility that is
separated from the roadway and shoulders of the freeway and is
designed and appropriately marked for bicycle use; an electric
bicycle; a bicycle with motor attached; a motor driven cycle with a
motor which produces not to exceed five brake horsepower;
an
agricultural tractor; farm machinery;
except
in the performance of public works or official duties
;
(3)
Occupy any space within the limits of the right-of-way of a freeway
with an agricultural tractor or farm machinery unless that person is
issued a permit in accordance with section 4513.341 of the Revised
Code
.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Sec.
4513.34.
(A)(1)
The director of transportation with respect to all highways that are
a part of the state highway system and local authorities with respect
to highways under their jurisdiction, upon application in writing,
shall issue a special regional heavy hauling permit authorizing the
applicant to operate or move a vehicle or combination of vehicles as
follows:
(a)
At a size or weight of vehicle or load exceeding the maximum
specified in sections 5577.01 to 5577.09 of the Revised Code, or
otherwise not in conformity with sections 4513.01 to 4513.37 of the
Revised Code;
(b)
Upon any highway under the jurisdiction of the authority granting the
permit except those highways with a condition insufficient to bear
the weight of the vehicle or combination of vehicles as stated in the
application.
Issuance
of a special regional heavy hauling permit is subject to the payment
of a fee established by the director or local authority in accordance
with this section.
(2)
In circumstances where a person is not eligible to receive a permit
under division (A)(1) of this section, the director of transportation
with respect to all highways that are a part of the state highway
system and local authorities with respect to highways under their
jurisdiction, upon application in writing and for good cause shown,
may issue a special permit in writing authorizing the applicant to
operate or move a vehicle or combination of vehicles of a size or
weight of vehicle or load exceeding the maximum specified in sections
5577.01 to 5577.09 of the Revised Code, or otherwise not in
conformity with sections 4513.01 to 4513.37 of the Revised Code, upon
any highway under the jurisdiction of the authority granting the
permit.
(3)
For purposes of this section, the director may designate certain
state highways or portions of state highways as special economic
development highways. If an application submitted to the director
under this section involves travel of a nonconforming vehicle or
combination of vehicles upon a special economic development highway,
the director, in determining whether good cause has been shown that
issuance of a permit is justified, shall consider the effect the
travel of the vehicle or combination of vehicles will have on the
economic development in the area in which the designated highway or
portion of highway is located.
(B)(1)
Notwithstanding sections 715.22 and 723.01 of the Revised Code, the
holder of a permit issued by the director under this section may move
the vehicle or combination of vehicles described in the permit on any
highway that is a part of the state highway system when the movement
is partly within and partly without the corporate limits of a
municipal corporation. No local authority shall require any other
permit or license or charge any license fee or other charge against
the holder of a permit for the movement of a vehicle or combination
of vehicles on any highway that is a part of the state highway
system. The director shall not require the holder of a permit issued
by a local authority to obtain a special permit for the movement of
vehicles or combination of vehicles on highways within the
jurisdiction of the local authority.
(2)
Except as provided in division (B)(3) of this section, permits may be
issued for any period of time not to exceed one year, as the director
in the director's discretion or a local authority in its discretion
determines advisable, or for the duration of any public construction
project.
(3)
The director and every county shall issue an annual permit under
division (A)(2) of this section for:
(a)
A vehicle or combination of vehicles that haul farm machinery,
provided that the farm machinery otherwise qualifies for the farm
equipment permit or a similar permit offered by the county for farm
machinery or equipment;
(b)
A vehicle or combination of vehicles that haul agricultural produce
or agricultural production materials that otherwise could be hauled
by farm machinery or equipment under the farm equipment permit or a
similar permit offered by the county for farm machinery or equipment.
(4)
In addition to the annual permit issued under
division
(B)(3) of this section, the director and every county may continue to
issue a permit under division (A)(2) of this section for the vehicles
specified in division (B)(3) of this section, for any period of time
up to one year.
(5)
If the director issues a permit with respect to farm machinery or
farm equipment, the director shall not require a law enforcement
escort if both of the following conditions are met:
(a)
The permit holder operates the farm machinery or farm equipment on a
state route other than an interstate highway;
(b)
The permit holder moves the farm machinery or farm equipment a
distance that is less than ten miles.
(C)(1)
The application for a permit issued under this section shall be in
the form that the director or local authority prescribes. The
director or local authority may prescribe a permit fee to be imposed
and collected when any permit described in this section is issued.
The permit fee may be in an amount sufficient to reimburse the
director or local authority for the administrative costs incurred in
issuing the permit, and also to cover the cost of the normal and
expected damage caused to the roadway or a street or highway
structure as the result of the operation of the nonconforming vehicle
or combination of vehicles. The director, in accordance with Chapter
119. of the Revised Code, shall establish a schedule of fees for
permits issued by the director under this section; however, the fee
to operate a triple trailer unit, at locations authorized under
federal law, shall be one hundred dollars.
(2)
For the purposes of this section and of rules adopted by the director
under this section, milk transported in bulk by vehicle is deemed a
nondivisible load.
(3)
For purposes of this section and of rules adopted by the director
under this section, three or fewer aluminum coils, transported by a
vehicle, are deemed a nondivisible load. The director shall adopt
rules establishing requirements for an aluminum coil permit that are
substantially similar to the requirements for a steel coil permit
under Chapter 5501:2-1 of the Administrative Code.
(D)
The director or a local authority shall issue a special regional
heavy hauling permit under division (A)(1) of this section upon
application and payment of the applicable fee. Except when required
to issue a special permit under division (B)(3) of this section, the
director or local authority may issue or withhold a special permit
specified in division (A)(2) of this section. If a permit is to be
issued, the director or local authority may limit or prescribe
conditions of operation for the vehicle and may require the posting
of a bond or other security conditioned upon the sufficiency of the
permit fee to compensate for damage caused to the roadway or a street
or highway structure. In addition, a local authority, as a condition
of issuance of an overweight permit, may require the applicant to
develop and enter into a mutual agreement with the local authority to
compensate for or to repair excess damage caused to the roadway by
travel under the permit.
For
a permit that will allow travel of a nonconforming vehicle or
combination of vehicles on a special economic development highway,
the director, as a condition of issuance, may require the applicant
to agree to make periodic payments to the department to compensate
for damage caused to the roadway by travel under the permit.
(E)
Every permit issued under this section shall be carried in the
vehicle or combination of vehicles to which it refers and shall be
open to inspection by any police officer or authorized agent of any
authority granting the permit. No person shall violate any of the
terms of a permit.
(F)
The director may debar an applicant from applying for a permit under
this section upon a finding based on a reasonable belief that the
applicant has done any of the following:
(1)
Abused the process by repeatedly submitting false information or
false travel plans or by using another company or individual's name,
insurance, or escrow account without proper authorization;
(2)
Failed to comply with or substantially perform under a previously
issued permit according to its terms, conditions, and specifications
within specified time limits;
(3)
Failed to cooperate in the application process for the permit or in
any other procedures that are related to the issuance of the permit
by refusing to provide information or documents required in a permit
or by failing to respond to and correct matters related to the
permit;
(4)
Accumulated repeated justified complaints regarding performance under
a permit that was previously issued to the applicant or previously
failed to obtain a permit when such a permit was required;
(5)
Attempted to influence a public employee to breach ethical conduct
standards;
(6)
Been convicted of a disqualifying offense as determined under section
9.79 of the Revised Code;
(7)
Accumulated repeated convictions under a state or federal safety law
governing commercial motor vehicles or a rule or regulation adopted
under such a law;
(8)
Accumulated repeated convictions under a law, rule, or regulation
governing the movement of traffic over the public streets and
highways;
(9)
Failed to pay any fees associated with any permitted operation or
move;
(10)
Deliberately or willfully submitted false or misleading information
in connection with the application for, or performance under, a
permit issued under this section.
If
the applicant is a partnership, association, or corporation, the
director also may debar from consideration for permits any partner of
the partnership, or the officers, directors, or employees of the
association or corporation being debarred.
The
director may adopt rules in accordance with Chapter 119. of the
Revised Code governing the debarment of an applicant.
(G)
When the director reasonably believes that grounds for debarment
exist, the director shall send the person that is subject to
debarment a notice of the proposed debarment. A notice of proposed
debarment shall indicate the grounds for the debarment of the person
and the procedure for requesting a hearing. The notice and hearing
shall be in accordance with Chapter 119. of the Revised Code. If the
person does not respond with a request for a hearing in the manner
specified in that chapter, the director shall issue the debarment
decision without a hearing and shall notify the person of the
decision by certified mail, return receipt requested. The debarment
period may be of any length determined by the director, and the
director may modify or rescind the debarment at any time. During the
period of debarment, the director shall not issue, or consider
issuing, a permit under this section to any partnership, association,
or corporation that is affiliated with a debarred person. After the
debarment period expires, the person, and any partnership,
association, or corporation affiliated with the person, may reapply
for a permit.
(H)(1)
No person shall violate the terms of a permit issued under this
section that relate to gross load limits.
(2)
No person shall violate the terms of a permit issued under this
section that relate to axle load by more than two thousand pounds per
axle or group of axles.
(3)
No person shall violate the terms of a permit issued under this
section that relate to an approved route except upon order of a law
enforcement officer or authorized agent of the issuing authority.
(I)
Whoever violates division (H) of this section shall be punished as
provided in section 4513.99 of the Revised Code.
(J)
A permit issued by the department of transportation or a local
authority under this section for the operation of a vehicle or
combination of vehicles is valid for the purposes of the vehicle
operation in accordance with the conditions and limitations specified
on the permit. Such a permit is voidable by law enforcement only for
operation of a vehicle or combination of vehicles in violation of the
weight, dimension, or route provisions of the permit. However, a
permit is not voidable for operation in violation of a route
provision of a permit if the operation is upon the order of a law
enforcement officer.
Sec.
4513.341.
(A)
In addition to the permits issued in accordance with section 4513.34
of the Revised Code, the director of transportation, upon application
in writing and payment of the permit fee, shall issue an annual
permit authorizing an applicant to operate or move farm machinery or
farm equipment on any limited access highway or freeway under the
jurisdiction of the department of transportation, other than an
interstate highway.
(B)
The director shall prescribe both of the following:
(1)
The form and manner of the application for a permit issued under this
section;
(2)
A permit fee to be imposed and collected when a permit is issued
under this section. The permit fee shall not exceed one hundred
dollars.
(C)
The director, in consultation with the superintendent of the state
highway patrol, may limit or prescribe conditions of operation,
including route restrictions, for the farm machinery or farm
equipment on the limited access highway or freeway.
(D)
No person shall knowingly violate the terms of a permit issued under
this section, including any limitations, conditions, or route
restrictions specified on the permit, except upon order of a law
enforcement officer or an authorized agent of the department.
(E)
A permit holder shall ensure that a permit issued under this section
is carried in the farm machinery or farm equipment to which it refers
and that it is open to inspection by any law enforcement officer or
authorized agent of the department.
(F)
A local authority may issue a permit authorizing a person to operate
or move farm machinery or farm equipment on a limited access highway
or freeway under its jurisdiction, other than an interstate highway.
The local authority may establish any fees, limitations, conditions,
or route restrictions it considers necessary for such a permit.
Section
2.
That
existing
sections
4511.051 and
4513.34
of the Revised Code
are
hereby
repealed.
Section
3.
Section
4511.051 of the Revised Code is presented in this act as a composite
of the section as amended by both H.B. 95 and H.B. 250 of the 132nd
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.