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Native title determination:

Saturday, September 5, 2020

posted by Andrew

Native title determination:

Pursuant to Chapter 49-8-4.1(4) of the Revised Code, a local municipality may establish and maintain a designated “transportation facility” (title) under which commercial vehicles may enter or leave a school property without the need for prior entry or departure of a school bus. The designated transportation facility is identified by the local municipality and the operator of the commercial vehicle must comply with all of the following requirements and conditions: The vehicle must have a motor vehicle registration certificate issued by an authorized agency of the county or city in which it operates. The commercial vehicle shall be equipped with headlights and a visible rear light capable of being used by all personnel including the driver, in order to indicate the presence of other motor vehicles on the street.

The bus is parked on a school property and shall be so equipped with all of the following:

(A) A school bus may be driven into or out of a designated transportation facility, except that a bus may not be driven into or out of a designated transportation facility unless the bus is owned and operated by a public or private school district, and the school district may require at least three teachers to accompany the bus in order to perform the required duties of the transportation facility. (B) The bus is permitted to pass within the designated transportation facility. (C) The driver of the bus is permitted to pass in any direction without ?????stopping or moving to the side of the vehicle and on any street. (D) The driver of the bus is permitted to pass on one side of the highway if it is possible to safely pass that side.

A bus used for commercial purposes is a “school bus” for the purposes of this chapter and for pu?????rposes of Section 49-8-4.2(2)(a) of the Revised Code.

In establishing and maintaining the designated transportation facility, a local municipality shall consider whether there is demand for this type of transportation service across the county and determine whether the requested service would create a significant public necessity. If the public necessity exists, the regional planning agency shall work with the regional planning director of the local municipality to select the appropriate designation, in a manner consistent with the standards of the regional planning agency. The local municipal agency may adopt regulations prescribing the l?????ocation and design of the facility to assure maximum uniformity of access and to ensure that the facility is safe, convenient, reliable, and easy to access. The operator of any commercial vehicle shall carry a driver’s license.

(7) All vehicles moving o

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