Ohio Code 4169.06 – Emergency order to cease using tramway
(A) When facts are presented to the division of industrial compliance in the department of commerce that indicate that immediate danger exists in the continued operation of a passenger tramway, the division, after such verification of the facts as is practical under the circumstances and consistent with immediate public safety, may by an emergency written order require the operator of the tramway to cease using the tramway immediately for the transportation of passengers. Any person may serve notice on the operator or the operator’s agent who is in immediate control of the tramway by delivering a true and attested copy of the order, and the operator or the operator’s agent shall furnish proof of receipt of such notice by signing an affidavit on the back of the copy of the order. The emergency order shall be effective for a period not to exceed forty-eight hours from the time of notification.
Terms Used In Ohio Code 4169.06
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Passenger: means any person who is being transported or conveyed by a passenger tramway. See Ohio Code 4169.01
- Passenger tramway: includes all of the following:
(1) Aerial passenger tramway, a device used to transport passengers in several open or enclosed cars attached to and suspended from a moving wire rope or attached to a moving wire rope and supported on a standing wire rope, or similar devices;
(2) Skimobile, a device in which a passenger car running on steel or wooden tracks is attached to and pulled by a steel cable, or similar devices;
(3) Chair lift, a device on which passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, or similar devices. See Ohio Code 4169.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(B) Immediately after the issuance of an emergency order pursuant to this section, the division shall investigate the facts of the case. If the division finds that a violation of any of its rules exists or that a condition in passenger tramway construction, maintenance, or mechanical operation exists that endangers public safety, it shall issue a written order setting forth its findings and the corrective action to be taken and fixing a reasonable time for compliance.
(C) After an investigation pursuant to division (B) of this section, if the division determines that danger to public safety exists in the continued operation of a passenger tramway, it shall so state in the order, describe in detail the basis for its findings, and in the order may require the operator not to operate the tramway until the operator has taken the corrective action ordered pursuant to this section. If the operator continues to use the tramway following receipt of such order, the division may request the court of common pleas having jurisdiction in the county where the tramway is located to issue an injunction forbidding operation of the tramway.
(D) An operator of a passenger tramway may request a hearing by the division on any order issued pursuant to this chapter and may appeal the results of such a hearing in accordance with Chapter 119 of the Revised Code. An operator may appeal an order suspending the operation of the operator’s tramway without first requesting a hearing.
(E) If an operator fails to comply with an order of the division issued pursuant to this chapter within the specified time, the division may suspend the registration certificate of the operator for such time as it considers necessary to gain compliance with its order.
No operator shall operate a passenger tramway while the operator’s registration certificate is under suspension by the division.