The federal safety text here is frozen at August 1, 2025, by a rule that took effect January 1, 2026
The federal new entrant safety assurance program is the defining first-year experience of a carrier under federal authority. Whether it reaches a purely intrastate Ohio carrier is decided by two administrative rules, and the second of them carries a date that changes how the first should be read.
The adoption is broad. OAC 4901:2-5-03(A) adopts the federal regulations “contained in 49 C.F.R. 40, 367, 372.107(i), 372.113, 380, 382, 383, 385, 386, 387, and 390 to 397”, plus named hazardous materials parts, “unless specifically excluded or modified by a rule of this commission”. Part 385 is in that list whole, with no subpart limitation, and so is Part 386.
The extension to intrastate commerce is equally unqualified. The neighbouring paragraph provides that “all motor carriers operating in intrastate commerce are subject to the provisions of this chapter and the regulations adopted pursuant to paragraph (A) of this rule”, and then substitutes the commission’s transportation department director for the federal department wherever a notice or request would go to it. No weight, commodity, passenger or farm qualifier appears in that extension.
Now the date, and the correction it forces. OAC 4901:2-5-02(C), read at source on September 2, 2026, provides that each citation in the chapter “is intended, and shall serve, to incorporate by reference the particular version of the cited matter that was effective on August 1, 2025.” The freeze is real. But that rule’s own effective date is January 1, 2026, and its prior effective dates run through September 26, 2024.
So the correct reading is not that Ohio stopped keeping up. It is that Ohio moves its adoption by amendment rather than by a rolling clause, and the most recent amendment — effective January 1, 2026 — reset the frozen federal edition forward to August 1, 2025. A page that presented the August date as evidence of neglect would have the mechanism exactly backwards.
The only substantive intrastate carve-out in the chapter is an hours-of-service one for carriers hauling construction materials and equipment, and it does not touch Part 385. A second standing hedge does bear on the result, though: the chapter’s enforcement is “subject to any exemptions granted by the U.S. department of transportation including any interpretations issued by” it, so the federal position can move the Ohio result without an Ohio amendment.
- Part 385 is adopted whole, with no subpart limitation, and so is Part 386.
- The intrastate extension carries no weight, commodity or passenger qualifier.
- Incorporated federal edition — effective August 1, 2025 (OAC 4901:2-5-02(C)).
- That rule’s own effective date is January 1, 2026; prior effective dates run to September 26, 2024.
- The adoption moves by amendment, not by a rolling clause.
- The one substantive intrastate carve-out concerns hours of service for construction materials and equipment.