Ohio Revised Code

Ohio Rev. Code § 4923.04 (2026)

Rules applicable to transportation of persons, property, or hazardous materials; authority of commission to obtain warrant or subpoena

✓ current as of May 2026

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Effective:

September 29, 2015

Latest Legislation:

House Bill 64 - 131st General Assembly

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(A) The public utilities commission shall adopt rules applicable to all of the following:

(1) The transportation of persons or property by motor carriers operating in interstate and intrastate commerce;

(2) The highway transportation and offering for transportation of hazardous materials by motor carriers, and persons engaging in the highway transportation and offering for transportation of hazardous materials, operating in interstate or intrastate commerce;

(3) The use and interchange of intermodal equipment, as those terms are defined in section 4923.041 of the Revised Code.

(B) The rules adopted under division (A) of this section shall not be incompatible with the requirements of the United States department of transportation.

(C) To achieve the purposes of this chapter and to assist the commission in the performance of any of its powers or duties, the commission, either through the public utilities commissioners or employees authorized by it, may do either or both of the following:

(1) Apply for, and any judge of a court of record of competent jurisdiction may issue, an appropriate search warrant;

(2) Examine under oath, at the offices of the commission, any officer, agent, or employee of any person subject to this chapter. The commission, by subpoena, also may compel the attendance of a witness for the purpose of the examination and, by subpoena duces tecum, may compel the production of all books, contracts, records, and documents that relate to compliance with this chapter or compliance with rules adopted under this chapter.

Notes of Decisions

Cited in 6 cases, 1956–2018 · leading case: Notice Violation v. LMD Integrated Logistic Servs., Inc. (In Re LMD Integrated Logistic Servs., Inc.), 2018 Ohio 3859 (Ohio 2018).

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Notice Violation v. LMD Integrated Logistic Servs., Inc. (In Re LMD Integrated Logistic Servs., Inc.), 2018 Ohio 3859 (Ohio 2018). · cites it 2× “In connection with that regulation, the commission has adopted certain federal safety standards governing motor carriers engaged in interstate commerce, see R.C. 4923.04(A)(1); Ohio Adm.Code 4901:2-5-03, and R.”

State v. Willan, 2011 Ohio 6603 (Ohio Ct. App. 2011). “391 , the Ohio Supreme Court construed this phrase within the context of R.C. 4923.04, which prohibited operating as a “private motor carrier” on the state’s highways without a permit.”

Smith v. Lurie, 2012 Ohio 499 (Ohio Ct. App. 2012). “The motion to dismiss asserted that Smith was not legally permitted to operate a motor vehicle for the transportation of persons on the public highways of the state of Ohio because Smith was not properly registered with the Public Utilities Commission of Ohio (“PUCO”) pursuant…”

In re LMD Integrated Logistic Servs., Inc. v. Pub. Util. Comm., 2016 Ohio 5385 (Ohio Ct. App. 2016). “R.C. 4923.04(A)(2). Pursuant to that authority, the commission has adopted certain provisions of the Code of Federal Regulations ("CFR") that are applicable to transportation of hazardous materials by motor vehicle, including Parts 171, 172, and 177 of the CFR.”

May v. James G. Pardee Co., 165 Ohio St. (N.S.) 126 (Ohio 1956). · cites it 2× “Thus, by reason of the operation of plaintiff’s truck at the time of the collision (in hauling coal for a mining company under a contract between such mining company and Mercure), Mercure was required to have a permit (Section 614-104, General Code, now Section 4923.04, Revised…”

Smith v. Lurie, 2012 Ohio 5082 (Ohio Ct. App. 2012). “The motion to dismiss asserted that Smith was not legally permitted to operate a motor vehicle for the transportation of persons on the public highways of the state of Ohio because Smith was not properly registered with the Public Utilities Commission of Ohio (“PUCO”) pursuant…”

Ohio Rev. Code § 4923.04(A)(1): 1 case

Notice Violation v. LMD Integrated Logistic Servs., Inc. (In Re LMD Integrated Logistic Servs., Inc.), 2018 Ohio 3859 (Ohio 2018). “In connection with that regulation, the commission has adopted certain federal safety standards governing motor carriers engaged in interstate commerce, see R.C. 4923.04(A)(1); Ohio Adm.Code 4901:2-5-03, and R.”

Ohio Rev. Code § 4923.04(A)(2): 1 case

In re LMD Integrated Logistic Servs., Inc. v. Pub. Util. Comm., 2016 Ohio 5385 (Ohio Ct. App. 2016). “R.C. 4923.04(A)(2). Pursuant to that authority, the commission has adopted certain provisions of the Code of Federal Regulations ("CFR") that are applicable to transportation of hazardous materials by motor vehicle, including Parts 171, 172, and 177 of the CFR.”

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