4501-52-03 Annual inspection criteria.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Public Safety

Agency Name

 

David McCallister

Division                                                                  Contact

 

1970 W. Broad St.,Ste 531, PO Box 182081 Columbus OH 43218-2081

614 466-7014        614 752-6063

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

4501-52-03

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Annual inspection criteria.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: R.C. 4513.52

5.  Statute(s) the rule, as filed, amplifies or implements: R.C. 4513.52

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This filing is based on a R.C. 119.032 rule review of Ohio Administrative Code Chapter 4501-52.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

The rule provides criteria for annual bus safety inspections. The proposed rule reflects changes in federal regulations and includes changes that:

newly prohibit equipment of a bus with lamps that are in a horizontal line with the front or rear identification lamps unless those lamps are required by the rule;

under the requirements for braking systems, newly require that the service brake chambers and spring brake chambers on each end of an axle be the same size and that the effective slack adjuster length on each end of the axle be the same;

under requirements regarding parking brake systems, delete the language "manufactured on or after March 7, 1990;"

under standards for brake tubing and brake hose, replace language which requires that connections for air, vacuum, or hydraulic braking shall be free of "leaks or constrictions or other conditions which would adversely affect the performance of the brake system" and instead provide that they be free of "conditions which would adversely affect the performance of the brake system;"

while the rule already provides that air or vacuum braking systems be equipped with sufficient reservoirs, newly require that all reservoirs be secured and free of leaks, that each service reservoir system be protected against a loss of air pressure or vacuum due to a failure or leakage in the system between the service reservoir and the course of air pressure or vacuum, by check valves or equivalent devices whose proper functioning can be checked without disconnecting any air or vacuum line or fitting, that each reservoir shall have a condensate drain valve that can be manually operated and the automatic condensate drain valves may be used provided the automatic feature may be operated manually or a manual means of draining the reservoirs is retained;

under requirements for steering wheel lash, provide two additional sets of measurements that would apply to 19 inch and 21 inch steering wheel diameters;

add to the requirements for windshield wipers a requirement for a windshield washing system;

provide revised language regarding required equipment for preventing and/or removing an accumulation of ice, snow and frost that could obstruct the driver's view through the windshield;

regarding requirements for speedometers, clarify that they shall be accurate to within plus or minus five miles per hour at a speed of fifty miles per hour;

and in compliance with federal regulations regarding emergency exit door markings, delete language requiring that emergency doors shall also be identified by a red electric lamp readily visible to passengers and that lamps shall be lighted at all times when headlamps are required to be lighted.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

To remain current and in compliance with all applicable federal and state safety and equipment requirements and guidelines, bus owners (the persons who reasonably can be expected to be affected by the rules of OAC Chapter 4501-52) already stay abreast of industry standards incorporated by reference in OAC 4501-52. Industry standards include those of the commercial vehicle safety alliance (CVSA), the North American Standard Out-of-Service Criteria, and applicable federal and state regulations. Therefore, under the provisions of R.C. 121.75, this information when incorporated by reference in the rules of OAC Chapter 4501-52, is excepted from the requirements of R.C. 121.71 to 121.74. Additionally, in Rule 4501-52-01, we have provided contact site information including (as applicable) the address, telephone number, and web site information for the organizations listed above.

While federal regulations incorporated by reference are also excepted by R.C. Section 121.75 from the referencing requirements of R.C. 121.71 to 121.74, in Rule 4501-52-01 we have included contact information for accessing federal standards and regulations.

While this rule references the Revised Code and the Administrative Code, incorporation by reference of such information is excepted by section 121.76 of the Revised Code from the requirements set forth in R.C. 121.71 to 121.75.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

To remain current and in compliance with all applicable federal and state safety and equipment requirements and guidelines, bus owners (the persons who reasonably can be expected to be affected by the rules of OAC Chapter 4501-52) already stay abreast of industry standards incorporated by reference in OAC 4501-52. Industry standards include those of the commercial vehicle safety alliance (CVSA), the North American Standard Out-of-Service Criteria, and applicable federal and state regulations. Therefore, under the provisions of R.C. 121.75, this information when incorporated by reference in the rules of OAC Chapter 4501-52, is excepted from the requirements of R.C. 121.71 to 121.74. Additionally, in Rule 4501-52-01, we have provided contact site information including (as applicable) the address, telephone number, and web site information for the organizations listed above.

While federal regulations incorporated by reference are also excepted by R.C. Section 121.75 from the referencing requirements of R.C. 121.71 to 121.74, in Rule

4501-52-01 we have included contact information for accessing federal standards and regulations.

While this rule references the Revised Code and the Administrative Code, incorporation by reference of such information is excepted by section 121.76 of the Revised Code from the requirements set forth in R.C. 121.71 to 121.75.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

In compliance with federal regulations regarding emergency exit door markings, this filing removes existing language of (M)(6)(b)(ii) which provides that emergency doors shall also be identified by a red electric lamp readily visible to passengers and that lamps shall be lighted at all times when headlamps are required to be lighted.

12. 119.032 Rule Review Date: 1/3/2006

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

We do not anticipate that this proposed rule will affect the agency budget.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

not applicable

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This proposed rule is not expected to create additional costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No