As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  H. B. No. 611  5            

      1997-1998                                                    6            


    REPRESENTATIVES HARRIS-METZGER-THOMAS-OLMAN-REID-TIBERI-       8            

         HAINES-MOTTLEY-VESPER-OPFER-TERWILLEGER-TAYLOR-           9            

                  BRITTON-PADGETT-KREBS-GARCIA                     10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 4505.09, 4519.01, 4519.02,          14           

                4519.03, 4519.031, 4519.04, 4519.05, 4519.06,      15           

                4519.08, 4519.09, 4519.11, 4519.20, 4519.21,       16           

                4519.22, 4519.40 to 4519.48, and 4519.99, and  to  17           

                enact sections 4519.51 to 4519.70 of the Revised   18           

                Code to require that the owners of certain         19           

                off-highway motorcycles and all-purpose vehicles   20           

                obtain certificates of title for the  vehicles.    21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 4505.09, 4519.01, 4519.02,         25           

4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09,    26           

4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42,     27           

4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99  28           

be amended and sections 4519.51, 4519.52, 4519.53, 4519.54,        29           

4519.55, 4519.56, 4519.57, 4519.58, 4519.59, 4519.60, 4519.61,     30           

4519.62, 4519.63, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68,     31           

4519.69, and 4519.70 of the Revised Code be enacted to read as     33           

follows:                                                                        

      Sec. 4505.09.  (A)  The clerk of the court of common pleas   42           

shall charge a fee of five dollars for each certificate of title   43           

that is not applied for within thirty days after the assignment    44           

or delivery of the motor vehicle described therein.  The fees      45           

shall be retained by the clerk.                                    46           

      In addition to those fees, the clerk shall charge a fee of   48           

                                                          2      

                                                                 
five dollars for each certificate of title, duplicate certificate  50           

of title, memorandum certificate of title, and notation of any     51           

lien on a certificate of title.  The clerk shall retain two        52           

dollars and twenty-five cents of the fee charged for each          53           

certificate of title, four dollars and seventy-five cents of the   54           

fee charged for each duplicate certificate of title, all of the    55           

fees charged for each memorandum certificate, and four dollars     56           

and twenty-five cents of the fee charged for each notation of a    57           

lien.                                                                           

      The remaining two dollars and seventy-five cents charged     59           

for the certificate of title, the remaining twenty-five cents      60           

charged for the duplicate certificate of title, and the remaining  62           

seventy-five cents charged for the notation of any lien on a       63           

certificate of title shall be paid to the registrar of motor                    

vehicles by monthly returns, which shall be forwarded to the       64           

registrar not later than the fifth day of the month next           65           

succeeding that in which the certificate is issued or that in      66           

which the registrar is notified of a lien or cancellation          67           

thereof.                                                           68           

      (B)(1)  The registrar shall pay twenty-five cents of the     70           

amount received for each certificate of title and all of the       71           

amounts received for each notation of any lien and each duplicate  72           

certificate of title into the state bureau of motor vehicles fund  74           

established in section 4501.25 of the Revised Code.                             

      (2)  Fifty cents of the amount received for each             76           

certificate of title shall be paid by the registrar as follows:    77           

      (a)  Four cents shall be paid into the state treasury to     79           

the credit of the motor vehicle dealers board fund, which is       80           

hereby created.  All investment earnings of the fund shall be      81           

credited to the fund.  The moneys in the motor vehicle dealers     82           

board fund shall be used by the motor vehicle dealers board        83           

created under section 4517.30 of the Revised Code, together with   85           

other moneys appropriated to it, in the exercise of its powers     86           

and the performance of its duties under Chapter 4517. of the       87           

                                                          3      

                                                                 
Revised Code, except that the director of budget and management    88           

may transfer excess money from the motor vehicle dealers board     89           

fund to the bureau of motor vehicles fund if the registrar         90           

determines that the amount of money in the motor vehicle dealers                

board fund, together with other moneys appropriated to the board,  92           

exceeds the amount required for the exercise of its powers and     93           

the performance of its duties under Chapter 4517. of the Revised   94           

Code and requests the director to make the transfer.               95           

      (b)  Twenty-one cents shall be paid into the general         97           

revenue fund;                                                      98           

      (c)  Twenty-five cents shall be paid into the state          100          

treasury to the credit of the motor vehicle sales audit fund,      101          

which is hereby created.  The moneys in the fund shall be used by  102          

the tax commissioner together with other funds available to the    104          

commissioner to conduct a continuing investigation of sales and    105          

use tax returns filed for motor vehicles in order to determine if  106          

sales and use tax liability has been satisfied.  The commissioner  107          

shall refer cases of apparent violations of section 2921.13 of     108          

the Revised Code made in connection with the titling or sale of a  109          

motor vehicle and cases of any other apparent violations of the    110          

sales or use tax law to the appropriate county prosecutor          111          

whenever the commissioner considers it advisable.                  112          

      (3)  Two dollars of the amount received by the registrar     114          

for each certificate of title shall be paid into the state         115          

treasury to the credit of the automated title processing fund,     116          

which is hereby created and which shall consist of moneys          117          

collected under division (B)(3) of this section and under section  118          

SECTIONS 1548.10 AND 4519.59 of the Revised Code.  All investment  119          

earnings of the fund shall be credited to the fund.  The moneys    121          

in the fund shall be used as follows:                                           

      (a)  Moneys collected under this division (B)(3) OF THIS     123          

SECTION shall be used to implement and maintain an automated       125          

title processing system for the issuance of motor vehicle          126          

certificates of title in the offices of the clerks of the courts   127          

                                                          4      

                                                                 
of common pleas;                                                                

      (b)  Moneys collected under section 1548.10 of the Revised   129          

Code shall be used to issue marine certificates of title in the    130          

offices of the clerks of the courts of common pleas as provided    131          

in Chapter 1548. of the Revised Code;                              132          

      (c)  MONEYS COLLECTED UNDER SECTION 4519.59 OF THE REVISED   134          

CODE SHALL BE USED TO ISSUE OFF-HIGHWAY MOTORCYCLE AND             135          

ALL-PURPOSE VEHICLE CERTIFICATES OF TITLE IN THE OFFICES OF        136          

CLERKS OF COURTS OF COMMON PLEAS AS PROVIDED IN CHAPTER 4519. OF   137          

THE REVISED CODE.                                                               

      (C)(1)  The automated title processing board is hereby       139          

created consisting of the registrar or the registrar's             140          

representative, a person selected by the registrar, the president  142          

of the Ohio clerks of court association or the president's         143          

representative, and two clerks of courts of common pleas           145          

appointed by the governor.  The director of budget and management  146          

or the director's designee, the chief of the division of           148          

watercraft in the department of natural resources or the chief's   149          

designee, and the tax commissioner or the commissioner's designee  150          

shall be nonvoting members of the board.                           151          

      (2)  The automated title processing board shall determine    153          

each of the following:                                             154          

      (a)  The automated title processing equipment and            156          

certificates of title requirements for each county;                157          

      (b)  The payment of expenses that may be incurred by the     159          

counties in implementing an automated title processing system;     160          

      (c)  The repayment to the counties for existing title        162          

processing equipment.                                              163          

      (3)  The registrar shall purchase, lease, or otherwise       165          

acquire any automated title processing equipment and certificates  166          

of title that the board determines are necessary from moneys in    167          

the automated title processing fund established by division        168          

(B)(3) of this section.  Each county issuing more than one         169          

hundred thousand certificates of title annually, with the          170          

                                                          5      

                                                                 
approval of the registrar and in accordance with the registrar's   171          

requirements, may purchase and maintain an automated title         172          

processing system for the issuance of motor vehicle titles,        173          

CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE  174          

VEHICLES, and certificates of title for watercraft and outboard    176          

motors with the cost of the system paid for from the automated     177          

processing title fund.                                                          

      (D)  All counties shall conform to the requirements of the   179          

registrar regarding the operation of their automated title         180          

processing system for motor vehicle titles, CERTIFICATES OF TITLE  181          

FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and          182          

certificates of title for watercraft and outboard motors.          184          

      Sec. 4519.01.  As used in Chapter 4519. of the Revised Code  194          

THIS CHAPTER:                                                                   

      (A)  "Snowmobile" means any self-propelled vehicle designed  196          

primarily for use on snow or ice, and steered by skis, runners,    197          

or caterpillar treads.                                             198          

      (B)  "All-purpose vehicle" means any self-propelled vehicle  200          

designed primarily for cross-country travel on land and water, or  201          

on more than one type of terrain, and steered by wheels or         202          

caterpillar trends TREADS, or any combination thereof, including   203          

vehicles that operate on a cushion of air, vehicles commonly       204          

known as all-terrain vehicles, all season vehicles, mini-bikes,    205          

and trail bikes, but excluding any self-propelled vehicle not      206          

principally used for purposes of personal transportation, any      207          

vehicle principally used in playing golf, any motor vehicle or     208          

aircraft required to be registered under Chapter 4503. or 4561.    209          

of the Revised Code, and any vehicle excepted from definition as   210          

a motor vehicle by division (B) of section 4501.01 of the Revised  211          

Code.                                                              212          

      (C)  "Owner" means any person, firm, or corporation, other   214          

than a lienholder or dealer, having title to a snowmobile,         215          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to  217          

the possession thereof.                                                         

                                                          6      

                                                                 
      (D)  "Operator" means any person who operates or is in       219          

actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE,   220          

or all-purpose vehicle.                                            222          

      (E)  "Dealer" means any person, firm, or corporation         224          

engaged in the business of manufacturing or selling snowmobiles,   225          

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or   227          

retail, or who rents, leases, or otherwise furnishes snowmobiles,  228          

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire.         230          

      (F)  "Street or highway" has the same meaning as given that  232          

term in division (BB) of section 4511.01 of the Revised Code.      233          

      (G)  "Limited access highway" and "freeway" have the same    235          

meaning as given those terms in section 5511.02 of the Revised     236          

Code.                                                              237          

      (H)  "Interstate highway" means any part of the interstate   239          

system of highways as defined in subsection (e), 90 Stat. 431      240          

(1976), 23 U.S.C.A. 103, and amendments thereof.                   241          

      (I)  "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS     243          

DEFINED IN SECTION 4511.01 OF THE REVISED CODE, THAT IS DESIGNED   244          

TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY.  245          

      Sec. 4519.02.  (A)  Except as provided in divisions (B),     254          

(C), and (D) of this section, no person shall operate any          255          

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within  257          

this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or       258          

all-purpose vehicle is registered and numbered in accordance with  260          

sections 4519.03 and 4519.04 of the Revised Code.                               

      (B)  No registration is required for a snowmobile,           262          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated    263          

exclusively upon lands owned by the owner of the snowmobile,       265          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to     267          

which the owner has a contractual right.                                        

      (C)  No registration is required for a snowmobile,           269          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   270          

this state by a resident of another state whenever that state has  272          

in effect a registration law similar to Chapter 4519. of the       273          

                                                          7      

                                                                 
Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY          275          

MOTORCYCLE, or all-purpose vehicle is properly registered          276          

thereunder.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all        278          

purpose vehicle owned and used in this state by a resident of      279          

another state not having such a registration requirement shall     280          

comply with section 4519.09 of the Revised Code.                   281          

      (D)  No registration is required for a snowmobile,           283          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   284          

this state by the United States, another state, or a political     286          

subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE,   287          

or all-purpose vehicle shall display the name of the owner         290          

thereon.                                                                        

      (E)  The owner or operator of any all-purpose vehicle        292          

operated or used upon the waters in this state shall also comply   293          

with Chapters 1547. and 1548. of the Revised Code relative to the  294          

operation of watercraft.                                           295          

      Sec. 4519.03.  The owner of every snowmobile, OFF-HIGHWAY    304          

MOTORCYCLE, and all-purpose vehicle required to be registered      307          

under section 4519.02 of the Revised Code shall file an            308          

application for registration with the registrar of motor vehicles  309          

or a deputy registrar, on blanks furnished by the registrar for    310          

that purpose and containing ALL OF the following information:      311          

      (A)  A brief description of the snowmobile, OFF-HIGHWAY      313          

MOTORCYCLE, or all-purpose vehicle, including the name of the      316          

manufacturer and, the factory or model number, AND THE VEHICLE     318          

IDENTIFICATION NUMBER;                                                          

      (B)  The name, residence, and business address of the        320          

owner;                                                             321          

      (C)  A statement that the snowmobile, OFF-HIGHWAY            323          

MOTORCYCLE, or all-purpose vehicle is equipped as required by      326          

section 4519.20 of the Revised Code, and any rule adopted          327          

thereunder.  The statement shall include a check list of the       328          

required equipment items in such form as the registrar shall       329          

prescribe.                                                                      

                                                          8      

                                                                 
      The application shall be signed by the owner of the          331          

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and     334          

shall be accompanied by a fee as provided in division (D)(C) of    336          

section 4519.04 of the Revised Code.                                            

      If the application is not in proper form, or if the vehicle  338          

for which registration is sought does not appear to be equipped    339          

as required by section 4519.20 of the Revised Code, and OR any     340          

rule adopted thereunder, the registration shall be refused AND NO  341          

REGISTRATION STICKER SHALL BE ISSUED.                              342          

      Each deputy registrar shall be allowed a fee of two dollars  344          

and twenty-five cents for each application or renewal application  345          

received by him THE DEPUTY REGISTRAR, which shall be for the       346          

purpose of compensating the deputy registrar for his services,     348          

and such office and rental expense, as may be necessary for the    349          

proper discharge of his THE DEPUTY REGISTRAR'S duties in the       352          

receiving of applications and the issuing of certificates of       353          

registration.                                                                   

      Each deputy registrar shall, upon receipt of any             355          

application for registration, together with the registration fee,  356          

SHALL transmit the fee, together with the original and duplicate   357          

copy of the application, to the registrar in such manner and at    358          

such times as the registrar, subject to the approval of the        359          

director of public safety and the treasurer of state, shall        360          

prescribe by rule.                                                 361          

      Sec. 4519.031.  The registrar of motor vehicles shall        370          

transmit to the tax commissioner the names, addresses, and any     371          

other information requested by the commissioner, of all persons    372          

who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose  374          

vehicle under section 4519.03 of the Revised Code.  Such           375          

information shall be transmitted in such A form as agreed to by    376          

the registrar and the commissioner.                                377          

      Sec. 4519.04.  (A)  Upon the filing of an application for    386          

registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or           387          

all-purpose vehicle and the payment of the tax therefor, the       389          

                                                          9      

                                                                 
registrar of motor vehicles or a deputy registrar shall assign to  390          

the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a   392          

distinctive number and issue and deliver to the owner in such                   

manner as the registrar may select, a certificate of               393          

registration, in such form as the registrar shall prescribe.  Any  394          

number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or     396          

all-purpose vehicle shall be a permanent number, and shall not be  397          

issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or         398          

all-purpose vehicle, except as provided in section 4519.05 of the  400          

Revised Code.                                                                   

      IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE          402          

REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF     403          

THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A   404          

REGISTRATION STICKER.  THE REGISTRAR SHALL PRESCRIBE THE COLOR     405          

AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS   406          

DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE,   407          

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE.                    408          

      (B)  Upon receipt of a certificate of registration for a     410          

snowmobile or all-purpose vehicle other than a mini-bike or trail  411          

bike, the owner shall paint on the vehicle or otherwise attach in  413          

such manner as the registrar shall prescribe, UPON EACH SIDE OF    415          

THE FORWARD COWLING OF THE SNOWMOBILE the identifying              417          

registration number, in block characters of not less than two      419          

inches in height and of such color as to be distinctly visible     420          

and legible, as follows:                                           421          

      (1)  In the case of a snowmobile, the number shall be        423          

displayed upon each side of the forward cowling.                   424          

      (2)  In the case of an all-purpose vehicle, the number       426          

shall be displayed upon the front and rear of the vehicle.         427          

      (C)  the certificate of registration for a mini-bike or      430          

trail bike shall be evidenced and displayed on the vehicle in      431          

such manner as the registrar shall prescribe.                      432          

      (D)(C)  Unless previously canceled, each certificate of      434          

registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or   436          

                                                          10     

                                                                 
all-purpose vehicle shall expire EXPIRES upon the thirty-first     437          

day of December in the third year after the date it is issued.     439          

Application for renewal of a certificate may be made not earlier   440          

than ninety days preceding the expiration date, and shall be       441          

accompanied by a fee of five dollars.  The renewal of a            442          

certificate of registration for a snowmobile or all-purpose        443          

vehicle shall be evidenced by a decal or similar device            444          

identifying the registration period for which it is issued, and    445          

shall be displayed upon the vehicle in such manner as the          446          

registrar shall prescribe.                                                      

      Sec. 4519.05.  (A)  Whenever a registered snowmobile,        455          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or     456          

similarly disposed of, the owner shall surrender the certificate   458          

of registration and any license plate issued for a mini-bike or    459          

trail bike, to the registrar of motor vehicles or a deputy         460          

registrar within fifteen days following the destruction or         461          

disposal.  The registrar shall thereupon SHALL cancel the          462          

certificate and enter such THAT fact in his THE REGISTRAR'S        464          

records, and the vacated registration number may be assigned to    466          

another snowmobile or all purpose vehicle.                                      

      (B)  Whenever the ownership of a registered snowmobile,      468          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is transferred by   470          

sale or otherwise, the new owner shall, within fifteen days        471          

following the transfer, SHALL make application to the registrar    473          

or a deputy registrar for the transfer of the certificate of       474          

registration.  Upon receipt of the application and a fee of one    475          

dollar, the registrar shall transfer the certificate to the new    476          

owner and shall enter the new owner's name and address in his THE  477          

REGISTRAR'S records.  Whenever the ownership of a registered       479          

mini-bike or trail bike is transferred under this section, the     480          

new owner shall retain the license plate originally issued for                  

the vehicle.                                                       481          

      (C)  Whenever the owner of a registered snowmobile,          483          

OFF-HIGHWAY MOTORCYCLE, or all purpose vehicle changes his         485          

                                                          11     

                                                                 
address, he THE OWNER shall surrender the certificate of           486          

registration to the registrar or a deputy registrar within         487          

fifteen days following the address change.  Upon receipt of the    488          

certificate, the registrar shall enter the new address thereon     489          

and shall make the appropriate change in his THE REGISTRAR'S       490          

records.  In any A case where the owner's change of address        491          

involves a move outside of the state, the owner shall also         492          

surrender any license plate issued for the vehicle, and the        493          

registrar shall cancel the certificate of registration and may     494          

thereafter assign the vacated registration number to another FOR   495          

THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.   498          

      (D)  Whenever a certificate of registration for a            500          

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a   502          

license plate for a mini-bike or trail bike, has been IS lost,     503          

mutilated, or destroyed, the owner may obtain a duplicate          504          

certificate, which shall be identified as such, or a new plate,    505          

upon application and the payment of a fee of one dollar.           506          

      Sec. 4519.06.  Any person who is a dealer in snowmobiles,    515          

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make        517          

application for registration, for each place in this state at      519          

which the business of selling, manufacturing, leasing, or renting               

snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is   522          

carried on.  The application shall show the make of snowmobile,    524          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured,       525          

sold, leased, or rented at such place, and shall be accompanied    527          

by a fee of twenty-five dollars.  Upon the filing of the           528          

application and the payment of the fee therefor, the registrar of  530          

motor vehicles shall assign to the applicant a distinctive                      

number, prefixed by the letters DS in the case of a                533          

snowmobile,DOHM IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE, and by   534          

the letters DAPV in the case of an all purpose vehicle, and,       536          

where applicable, shall issue a license plate as provided in                    

section 4519.04 of the Revised Code.  The number or license plate  537          

shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE,   539          

                                                          12     

                                                                 
or all-purpose vehicle in the places set forth PRESCRIBED in       542          

divisions (B) and (C) of section 4519.04 of the Revised Code       543          

whenever the vehicle is being used prior to sale or transfer.      544          

The registrar shall adopt rules and regulations specifying the     546          

manner in which the number may be temporarily affixed to the       547          

vehicle additional license plates bearing the dealer's number may  549          

be issued upon application and the payment of a fee of one dollar  550          

for each plate.                                                                 

      Upon the termination of any dealership registered under      552          

this section, the dealer, within fifteen days following such       553          

termination, shall notify the registrar, who shall enter that      554          

fact in his THE REGISTRAR'S records and may thereafter assign the  556          

vacated registration number to some other dealer.  The dealer                   

shall also surrender to the registrar any license plates issued    557          

under this section.                                                             

      Notwithstanding section 4517.01 of the Revised Code, a       559          

dealer licensed to sell motor vehicles may also MAY be registered  560          

as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or            562          

all-purpose vehicles under this section, and may display, sell,    563          

or rent such vehicles at his THE DEALER'S established place of     566          

business.                                                                       

      Sec. 4519.08.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or    575          

all-purpose vehicle owned or leased by the state, by any of its    577          

political subdivisions, or by any volunteer organization that      578          

uses such vehicles exclusively for emergency purposes shall be                  

registered free of charge in the same manner as provided by        579          

section 4519.03 of the Revised Code for the registration of        580          

privately owned vehicles.  The registration number or license      581          

plate AND REGISTRATION STICKER assigned TO each such snowmobile,   582          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed  586          

as required by divisions (B) and (C) of section 4519.04 of the     587          

Revised Code.                                                      588          

      Sec. 4519.09.  Every owner or operator of a snowmobile,      597          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident   600          

                                                          13     

                                                                 
of a state not having a registration law similar to Chapter 4519.  601          

of the Revised Code THIS CHAPTER, and who expects to use the       602          

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in      604          

Ohio, shall apply to the registrar of motor vehicles or a deputy   605          

registrar for a temporary operating permit.  The temporary         606          

operating permit shall be issued for a period not to exceed        607          

fifteen days from the date of issuance, shall be in such form as   608          

the registrar determines, shall include the name and address of    609          

the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE,  611          

or all-purpose vehicle, and such ANY other information as the      613          

registrar considers necessary, and shall be issued upon payment    615          

of a fee of five dollars.  Every owner or operator receiving a     616          

temporary operating permit shall display the same IT upon the      617          

reasonable request of any law enforcement officer or other person  618          

as authorized by sections 4519.42 and 4519.43 of the Revised       619          

Code.                                                                           

      Sec. 4519.11.  One dollar and twenty-five cents of each fee  628          

collected under sections 4519.04 and 4519.09 of the Revised Code   629          

shall be paid into the state bureau of motor vehicles fund         630          

created by section 4501.25 of the Revised Code.  All other fees,   631          

and all taxes and fines levied, charged, or referred to in         632          

Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE   633          

DESIGNATED BY LAW, shall be deposited into the state treasury to   634          

the credit of the state recreational vehicle fund, which is        635          

hereby created.  The state recreational vehicle fund shall be      636          

used for the purpose of enforcing and administering the law        637          

relative to the registration and operation of snowmobiles,         639          

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the       641          

state, for the purpose of expanding the activities of the          642          

department of natural resources to provide trails and other areas  643          

for the operation of such vehicles on state-controlled land and    644          

waters, for the purchase of additional land to be used for such    647          

purposes, and for the development and implementation by the        649          

department of programs relating to the safe use and enjoyment of   651          

                                                          14     

                                                                 
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    653          

      All investment earnings of the state recreational vehicle    655          

fund shall be credited to the fund.                                656          

      Notwithstanding section 1501.01 of the Revised Code,         658          

nothing in this section authorizes the appropriation of property   659          

to provide trails and other areas for the operation of             660          

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    662          

      Sec. 4519.20.  By not later than July 1, 1972, the (A)  THE  672          

director of public safety, pursuant to Chapter 119. of the         673          

Revised Code, shall adopt and promulgate rules and regulations     674          

for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     675          

all-purpose vehicles.  The rules and regulations may be revised    677          

from time to time as the director considers necessary, and shall   678          

include, but not necessarily be limited to, requirements for the   679          

following items of equipment:                                                   

      (A)(1)  At least one headlight having a minimum candlepower  681          

of sufficient intensity to reveal persons and objects at a         682          

distance of at least one hundred feet ahead under normal           683          

atmospheric conditions during hours of darkness;                   684          

      (B)(2)  At least one red tail light having a minimum         686          

candlepower of sufficient intensity to be plainly visible from a   687          

distance of five hundred feet to the rear under normal             688          

atmospheric conditions during hours of darkness;                   689          

      (C)(3)  Adequate brakes.  Every snowmobile shall, while      691          

traveling on packed snow, SHALL be capable of carrying a driver    692          

who weighs one hundred and seventy-five pounds or more, and,       693          

while carrying such driver, be capable of stopping in not more     694          

than forty feet from an initial steady speed of twenty miles per   695          

hour, or locking its traction belt.                                696          

      (D)(4)  A muffler system capable of precluding the emission  698          

of excessive smoke or exhaust fumes, and of limiting the engine    699          

noise of vehicles.  On snowmobiles manufactured after January 1,   700          

1973, such requirement shall include sound dampening equipment     701          

such that noise does not exceed eighty-two decibels on the "A"     702          

                                                          15     

                                                                 
scale at fifty feet as measured according to SAE J192 (September   703          

1970);.                                                            704          

      (B)  No person shall operate any snowmobile, OFF-HIGHWAY     706          

MOTORCYCLE, or all-purpose vehicle in violation of division (A),   708          

(B)(1), (C)(2), (3), or (D)(4) of this section, except that        711          

equipment specified in divisions (A)(1) and (B)(2) of this         713          

section shall not be required on snowmobiles, OFF-HIGHWAY                       

MOTORCYCLES, or all-purpose vehicles operated during the daylight  715          

hours on state controlled land under the jurisdiction of the       716          

department of natural resources and that are limited to            717          

off-highway use.                                                                

      Sec. 4519.21.  The director of public safety may authorize   726          

sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and      728          

all-purpose vehicles to determine their degree of conformity to    729          

rules and regulations adopted under section 4519.20 of the         730          

Revised Code.  In prescribing tests for muffler equipment, the     731          

director may require sound pressure levels in decibels to be       732          

measured on the "A" scale of a sound level meter having            733          

characteristics defined by the American standards association      734          

standard S1.4-1961 "General Purpose Sound Meter," and may also     735          

MAY require the use of applicable measurement practices outlined   736          

in the procedures for sound level measurement of snowmobiles       737          

endorsed by the international snowmobile industry association,     738          

January 1969, or such other sources of standards for the           739          

measurement of sound levels as the director may consider           740          

advisable.                                                                      

      Upon finding that any make or model of vehicle authorized    742          

to be tested under this section does not meet an applicable        743          

standard adopted by the director, the person conducting such THE   744          

test shall report that fact to the director, who shall             745          

immediately SHALL notify the manufacturer of the vehicle and the   746          

registrar of motor vehicles.  Upon receipt of a notification, the  747          

registrar shall refuse to issue a certificate of registration to   748          

an owner or dealer with respect to any vehicle of the same make    749          

                                                          16     

                                                                 
or model as that named in the notification until the vehicle has   750          

been modified in such manner as the director shall prescribe, and  751          

meets the applicable standard.                                     752          

      Sec. 4519.22.  No person shall have for sale, sell, offer    761          

for sale, lease, rent, or otherwise furnish for hire in this       762          

state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose   764          

vehicle which THAT fails to comply with any rule or regulation     765          

adopted by the director of public safety under section 4519.20 of  766          

the Revised Code, after the effective date of such THE rule or     767          

regulation.                                                                     

      Sec. 4519.40.  The applicable provisions of Chapters 4511.   776          

and 4549. of the Revised Code shall be applied to the operation    777          

of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose           779          

vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or    780          

all-purpose vehicle shall be operated as follows:                  781          

      (A)  On any limited access highway or freeway or the         783          

right-of-way thereof, except for emergency travel only during      784          

such time and in such manner as the director of public safety      785          

shall designate;                                                   786          

      (B)  On any private property, or in any nursery or planting  788          

area, without the permission of the owner or other person having   789          

the right to possession of the property;                           790          

      (C)  On any land or waters controlled by the state, except   792          

at those locations where a sign has been posted permitting such    793          

operation;                                                         794          

      (D)  On the tracks or right-of-way of any operating          796          

railroad;                                                          797          

      (E)  While transporting any firearm, bow, or other           799          

implement for hunting, that is not unloaded and securely encased;  800          

      (F)  For the purpose of chasing, pursuing, capturing, or     802          

killing any animal or wildfowl;                                    803          

      (G)  During the time from one-half hour after sunset to      805          

one-half hour before sunrise, unless displaying lighted lights as  806          

required by section 4519.20 of the Revised Code.                   807          

                                                          17     

                                                                 
      Sec. 4519.41.  Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     817          

all-purpose vehicles being used for winter travel may be operated  818          

as follows:                                                                     

      (A)  To make a crossing of a highway, other than a highway   820          

as designated in division (A) of section 4519.40 of the Revised    821          

Code, whenever the crossing can be made in safety and will not     822          

interfere with the movement of vehicular traffic approaching from  823          

any direction on the highway, and provided that the operator       824          

yields the right-of-way to any approaching traffic that presents   825          

an immediate hazard;                                               826          

      (B)  On highways in the county or township road systems      828          

whenever the local authority having jurisdiction over such         829          

highways so permits;                                               830          

      (C)  Off and alongside a street or highway for limited       832          

distances from the point of unloading from a conveyance to the     833          

point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or          835          

all-purpose vehicle is intended and authorized to be operated;                  

      (D)  On the berm or shoulder of a highway, other than a      837          

highway as designated in division (A) of section 4519.40 of the    838          

Revised Code, when the terrain permits such operation to be        839          

undertaken safely and without the necessity of entering any        840          

traffic lane;                                                      841          

      (E)  ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD,   844          

WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE,      845          

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH     846          

AREA.                                                                           

      Sec. 4519.42.  The director of natural resources shall       855          

adopt and promulgate rules and regulations for the operation of    856          

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on  859          

land or waters controlled by the state.  The director shall also   860          

SHALL undertake a program relating to the development of trails    861          

and special areas for the use of snowmobiles, OFF-HIGHWAY          862          

MOTORCYCLES, and all-purpose vehicles, and may require any         863          

permits for such use as he THE DIRECTOR considers necessary.       864          

                                                          18     

                                                                 
      The director may designate employees of the department OF    866          

NATURAL RESOURCES to enforce any rules and regulations adopted     868          

under this section.  An employee so designated shall have full     870          

authority to enforce any provisions PROVISION of Chapter 4519. of  871          

the Revised Code THIS CHAPTER with respect to the proper TITLING,  874          

registration, equipping, and operation of snowmobiles,             875          

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or        877          

waters controlled by the state.                                                 

      Sec. 4519.43.  A board of park commissioners of any park     886          

district created under Chapter 1545. of the Revised Code may       887          

provide by rule or regulation for the operation of snowmobiles,    889          

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks,    890          

parkways, and other reservations of land under its jurisdiction,   891          

and shall file a copy of any such rules or regulations with the    892          

director of natural resources.                                                  

      Any employee of a board of park commissioners designated     894          

pursuant to section 1545.13 of the Revised Code shall have full    895          

authority to enforce any of the provisions of Chapter 4519. of     896          

the Revised Code THIS CHAPTER with respect to the proper TITLING,  898          

registration, equipping, and operation of snowmobiles,             899          

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands  900          

under the jurisdiction and control of the board.                   902          

      Sec. 4519.44.  (A)  No person who does not hold a valid,     911          

current motor vehicle driver's or commercial driver's license,     912          

motorcycle operator's endorsement, or probationary license,        913          

issued under Chapter 4506. or 4507. of the Revised Code, shall     914          

operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose       916          

vehicle on any street or highway in this state, on any portion of  917          

the right-of-way thereof, or on any public land or waters.         918          

      (B)  No person who is less than sixteen EIGHTEEN years of    920          

age shall operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or         922          

all-purpose vehicle on any land or waters other than private       923          

property or waters owned by or leased to such THE person's parent  924          

or guardian, unless accompanied by another person who is eighteen  925          

                                                          19     

                                                                 
years of age, or older, and who holds a license as provided in     926          

division (A) of this section, except that the department of        927          

natural resources may permit such operation on state controlled    928          

land under its jurisdiction when such person is less than sixteen  929          

years of age but is twelve years of age or older and is            930          

accompanied by a parent or guardian who is a licensed driver       931          

eighteen years of age or older.                                                 

      Sec. 4519.45.  Any dealer who rents, leases, or otherwise    940          

furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     941          

vehicle for hire shall maintain the vehicle in safe operating      943          

condition.  No dealer, or his agent or employee OF A DEALER,       944          

shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY  945          

MOTORCYCLE, or all-purpose vehicle for hire to any person who      947          

does not hold a license as required by division (A) of section                  

4519.44 of the Revised Code, or to any person whom the dealer,     948          

his OR AN agent, or employee OF THE DEALER has reasonable cause    950          

to believe is incompetent to operate the vehicle in a safe and     951          

lawful manner.                                                                  

      Sec. 4519.46.  The operator of a snowmobile, OFF-HIGHWAY     960          

MOTORCYCLE, or all-purpose vehicle involved in any accident        962          

resulting in bodily injury to or death of any person, or damage    963          

to the property of any person in excess of one hundred dollars,    964          

shall report the accident within forty-eight hours to the state    965          

highway patrol, the sheriff of the county within which the         966          

accident occurred, or the chief of police, if the accident         967          

occurred within a municipal corporation, and shall, within thirty  968          

days, SHALL forward a written report of the accident to the        970          

registrar of motor vehicles on a form prescribed by the            971          

registrar.  If the operator is physically incapable of making the  972          

reports and there is another participant in the accident not so    973          

incapacitated, such THE participant shall make the reports.  In    975          

the event that there is no other participant, and the operator is  976          

other than the owner, the owner shall, within the prescribed       977          

periods of time, SHALL make the reports.                                        

                                                          20     

                                                                 
      Any law enforcement officer, or other person authorized by   979          

sections 4519.42 and 4519.43 of the Revised Code, who              980          

investigates or receives information of an accident involving a    981          

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall  983          

forward to the registrar a written report of the accident within   984          

forty-eight hours.                                                              

      The registrar shall maintain a file of all reports received  986          

by him THE REGISTRAR of accidents involving a snowmobile,          987          

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.  The reports       989          

shall be for the confidential use of the director of public        990          

safety and the director of natural resources in the development    991          

of equipment and operating regulations, and of programs relating   992          

to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and       993          

all-purpose vehicles, except that the registrar shall furnish a    994          

copy of such report to any person claiming to have been injured    995          

or damaged in such accident, or his THE PERSON'S attorney, upon    996          

the payment of a fee of one dollar.                                998          

      Sec. 4519.47.  Whenever a person is found guilty of          1,007        

operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     1,009        

vehicle in violation of any rule or regulation authorized to be    1,010        

promulgated ADOPTED under section 4519.21 or 4519.42 of the        1,011        

Revised Code, the trial judge of any court of record may, in       1,012        

addition to or independent of any other penalties provided by      1,014        

law, MAY impound for not less than sixty days the certificate of   1,015        

registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or   1,017        

all-purpose vehicle.  The court shall send the impounded           1,018        

certificate of registration to the registrar of motor vehicles,    1,020        

who shall retain the certificate until the expiration of the                    

period of impoundment.                                             1,021        

      Sec. 4519.48.  Nothing contained in Chapter 4519. of the     1,030        

Revised Code THIS CHAPTER shall prevent local authorities from     1,032        

regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES,  1,033        

and all-purpose vehicles on streets and highways and other public  1,034        

property under their jurisdiction, and within the reasonable       1,035        

                                                          21     

                                                                 
exercise of the police power, except that no local authority       1,036        

shall require the registration or licensing of any snowmobile,     1,037        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be      1,038        

registered OR TITLED under such THIS chapter.                      1,039        

      Sec. 4519.51.  THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT   1,041        

SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM  1,042        

AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE        1,043        

REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL   1,045        

CONFORM THERETO.  THE REGISTRAR SHALL RECEIVE AND FILE IN THE                   

REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY   1,046        

THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN  1,047        

THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE.               1,048        

      THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL   1,050        

CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE  1,051        

CLERKS.  IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN        1,052        

ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE.     1,053        

UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR   1,054        

SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER     1,055        

THE CANCELLATION IN THE CLERK'S RECORDS.  THE REGISTRAR ALSO       1,056        

SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS                    

ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE       1,057        

CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF      1,059        

TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY   1,060        

LIEN NOTED THEREON.  THE HOLDER OF THE CERTIFICATE OF TITLE SHALL  1,062        

RETURN IT IMMEDIATELY TO THE REGISTRAR.  THE CLERKS SHALL KEEP ON               

HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE     1,063        

CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE    1,064        

FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED             1,065        

MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE     1,067        

COUNTY.                                                                         

      Sec. 4519.52.  (A)  EXCEPT AS PROVIDED IN SECTION 4519.54    1,070        

OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS       1,073        

SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED  1,074        

OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR      1,075        

                                                          22     

                                                                 
OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR         1,076        

ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO    1,077        

THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS     1,078        

CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM     1,080        

CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.                            

      (B)(1)  A PERSON WHO IS NOT A DEALER ENGAGED IN THE          1,083        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         1,084        

ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF   1,085        

THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        1,086        

VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE        1,087        

MOTORCYCLE OR VEHICLE.  THE PERSON SHALL COMPLY WITH THIS CHAPTER  1,088        

IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE.                       1,089        

      (2)  IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE          1,091        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         1,092        

ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR     1,093        

ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE          1,094        

MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE     1,095        

TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE       1,096        

PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH           1,097        

ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER  1,099        

OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR        1,100        

OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A    1,101        

CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S  1,102        

OWN NAME.                                                                       

      Sec. 4519.53.  NO PERSON WHO ACQUIRES AN OFF-HIGHWAY         1,104        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE   1,105        

OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT,  1,106        

TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR   1,107        

ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A             1,108        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  1,109        

VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE   1,110        

FOR IT.  NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON    1,111        

AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE,   1,112        

OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY    1,113        

                                                          23     

                                                                 
MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION.   1,114        

      NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE     1,116        

THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY    1,117        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED     1,118        

OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE     1,119        

FOLLOWING:                                                                      

      (A)  A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR           1,122        

IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER;     1,123        

      (B)  ADMISSION IN THE PLEADINGS OR STIPULATION OF THE        1,126        

PARTIES.                                                                        

      Sec. 4519.54.  NO MANUFACTURER, IMPORTER, DEALER, OR OTHER   1,128        

PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY        1,129        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE    1,131        

DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO   1,132        

THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN  1,133        

ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON    1,135        

AS ARE NECESSARY TO SHOW TITLE IN THE PURCHASER.  NO DEALER SHALL               

PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    1,136        

VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR    1,137        

IMPORTER'S CERTIFICATE.                                            1,138        

      A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF  1,140        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN     1,141        

THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH     1,142        

FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY         1,143        

REQUIRE:                                                                        

      (A)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          1,146        

ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL,    1,147        

IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION                    

NUMBER;                                                            1,148        

      (B)  CERTIFICATION OF THE DATE OF TRANSFER OF THE            1,151        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR  1,152        

DEALER OR OTHER TRANSFEREE, AND THE NAME AND ADDRESS OF THE                     

TRANSFEREE;                                                        1,153        

      (C)  CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE   1,156        

                                                          24     

                                                                 
NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY      1,157        

TRADE AND COMMERCE;                                                             

      (D)  THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE    1,160        

TRANSFEROR.                                                                     

      AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE  1,162        

BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER    1,163        

OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S   1,164        

OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE        1,165        

REGISTRAR.  THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND         1,166        

ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY    1,167        

MOTORCYCLE OR ALL-PURPOSE VEHICLE IS NEW, AND A WARRANTY THAT THE               

TITLE AT THE TIME OF DELIVERY IS SUBJECT ONLY TO SUCH LIENS AND    1,169        

ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE         1,170        

ASSIGNMENT.                                                                     

      Sec. 4519.55.  APPLICATION FOR A CERTIFICATE OF TITLE FOR    1,172        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE     1,173        

UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND      1,174        

SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER          1,175        

EMPOWERED TO ADMINISTER OATHS.  THE APPLICATION SHALL BE FILED     1,176        

WITH THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN                    

WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF      1,177        

THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE       1,178        

TRANSACTION IS CONSUMMATED.  THE APPLICATION SHALL BE ACCOMPANIED  1,179        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND,  1,180        

IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE       1,182        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION     1,183        

ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY         1,184        

ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER.  IF A                      

CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE        1,185        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION,    1,187        

UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED    1,189        

BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN          1,190        

STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF      1,192        

SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER    1,193        

                                                          25     

                                                                 
STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE         1,194        

VEHICLE WAS BROUGHT INTO THIS STATE.  THE REGISTRAR, IN            1,195        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE  1,196        

THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH      1,198        

PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM   1,199        

THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS   1,200        

OF OTHER PERSONS.  FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE   1,201        

OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY  1,202        

DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN          1,203        

NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY     1,204        

CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM  1,205        

AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.                                   

      IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR      1,207        

ALL-PURPOSE VEHICLE BY A VENDOR TO A GENERAL PURCHASER OR USER,    1,208        

THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE      1,210        

PURCHASER BY THE VENDOR UPON APPLICATION SIGNED BY THE PURCHASER.  1,211        

IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE        1,212        

PURCHASER.  IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE  1,213        

OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE   1,215        

SHALL BE FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE OF                

PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE  1,217        

OR ALL-PURPOSE VEHICLE.  IF THE APPLICATION FOR CERTIFICATE OF     1,218        

TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE  1,219        

OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY          1,220        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE   1,221        

FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY    1,223        

SECTION 4519.59 OF THE REVISED CODE.  THE CLERK SHALL RETAIN THE   1,224        

ENTIRE AMOUNT OF EACH LATE FILING FEE.                             1,225        

      EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR           1,227        

ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS  1,228        

SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR       1,229        

CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE  1,230        

APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER  1,231        

5739. OR 5741. OF THE REVISED CODE, OR SUBMITS ANY OF THE          1,233        

                                                          26     

                                                                 
FOLLOWING:                                                                      

      (A)  A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF  1,236        

COURTS SHOWING PAYMENT OF THE TAX;                                              

      (B)  A COPY OF THE UNIT CERTIFICATE OF EXEMPTION COMPLETED   1,239        

BY THE PURCHASER AT THE TIME OF SALE, AS PROVIDED IN SECTION       1,240        

5739.03 OF THE REVISED CODE;                                       1,241        

      (C)  AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY     1,243        

THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT       1,244        

SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE        1,246        

REVISED CODE.                                                      1,247        

      PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH          1,249        

DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES  1,250        

ISSUED BY THE TAX COMMISSIONER.  WHEN A DEALER SUBMITS PAYMENT OF  1,252        

THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO      1,253        

WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED  1,255        

CODE.  THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY   1,256        

THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE   1,258        

TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE.  IF THE       1,259        

APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY       1,261        

MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE           1,262        

EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE         1,263        

APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO               

CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF ANY  1,266        

OF THE ITEMS LISTED IN DIVISIONS (A) TO (C) OF THIS SECTION.       1,268        

      FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK,   1,270        

THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER   1,271        

CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE          1,273        

CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION                     

325.33 OF THE REVISED CODE.  IN THE CASE OF CASUAL SALES OF        1,274        

OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT   1,275        

TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE,  1,277        

THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL    1,278        

BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE  1,280        

CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR,   1,282        

                                                          27     

                                                                 
WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE           1,284        

DETERMINATION OF THE TAX.  IN ADDITION TO THE INFORMATION          1,285        

REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE  1,287        

OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING                          

NOTIFICATION AND STATEMENTS:  "NOTICE TO TRANSFEROR:  YOU ARE      1,289        

REQUIRED BY LAW TO ENTER ALL INFORMATION REQUIRED ON THIS TITLE,   1,291        

INCLUDING THE TRUE SELLING PRICE.  THE MAKING OF A FALSE           1,292        

STATEMENT UNDER OATH OR AFFIRMATION IS IN VIOLATION OF SECTION     1,293        

2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX MONTHS        1,294        

IMPRISONMENT AND A FINE OF UP TO ONE THOUSAND DOLLARS, OR BOTH."   1,295        

      THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS          1,297        

POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE         1,298        

PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH          1,299        

INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE.   1,300        

      Sec. 4519.56.  (A)  AN APPLICATION FOR A CERTIFICATE OF      1,302        

TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER    1,304        

EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF  1,305        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL        1,306        

CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER  1,308        

WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY     1,309        

REQUIRE:                                                                        

      (1)  NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR            1,312        

EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;                          

      (2)  STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR          1,315        

ALL-PURPOSE VEHICLE WAS ACQUIRED;                                               

      (3)  NAME AND ADDRESS OF THE PREVIOUS OWNER;                 1,318        

      (4)  A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER           1,321        

ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE          1,322        

VEHICLE, AND THE NAME AND ADDRESS OF EACH HOLDER THEREOF;                       

      (5)  IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER  1,325        

ENCUMBRANCES, A STATEMENT OF THAT FACT;                                         

      (6)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          1,327        

ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL,    1,329        

IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION       1,330        

                                                          28     

                                                                 
NUMBER.                                                                         

      IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE         1,332        

CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE   1,333        

MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE             1,334        

IDENTIFICATION NUMBER.  IF THE APPLICATION FOR A CERTIFICATE OF    1,335        

TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE   1,336        

THAT CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR      1,338        

WHICH NO CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS   1,339        

STATE, THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL          1,340        

INSPECTION CERTIFICATE AS DESCRIBED IN DIVISION (B) OF THIS        1,341        

SECTION.                                                           1,342        

      IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER  1,345        

OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN    1,346        

REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A           1,347        

PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO                     

ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE         1,349        

IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR                         

ALL-PURPOSE VEHICLE.  THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER  1,350        

SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY  1,351        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE PLACE AND IN THE MANNER  1,352        

DESIGNATED BY THE REGISTRAR, BY A LICENSED MOTOR VEHICLE DEALER    1,354        

THAT ENGAGES IN THE BUSINESS OF SELLING OFF-HIGHWAY MOTORCYCLES    1,355        

OR ALL-PURPOSE VEHICLES.  THE DEALER MAY CHARGE A FEE NOT TO       1,356        

EXCEED TWENTY DOLLARS FOR THIS SERVICE.                            1,357        

      THE STATE HIGHWAY PATROL SHALL INSPECT EVERY SUCH            1,359        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO DETERMINE         1,360        

WHETHER THE ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN        1,361        

PROPERLY AND PERMANENTLY AFFIXED OR IMPRINTED.  IF THE STATE       1,362        

HIGHWAY PATROL DETERMINES THAT THE ASSIGNED VEHICLE                1,363        

IDENTIFICATION NUMBER HAS BEEN PROPERLY AND PERMANENTLY AFFIXED    1,364        

OR IMPRINTED, IT SHALL ISSUE TO THE OWNER OF THE OFF-HIGHWAY       1,365        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AN INSPECTION CERTIFICATE,       1,366        

WHICH SHALL BE PRESENTED TO THE CLERK OF THE COURT OF COMMON       1,367        

PLEAS WITH THE APPLICATION FOR A CERTIFICATE OF TITLE FOR THE      1,368        

                                                          29     

                                                                 
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  THE STATE HIGHWAY  1,370        

PATROL SHALL ASSESS A FEE OF TWENTY DOLLARS FOR EACH INSPECTION    1,371        

MADE PURSUANT TO THIS SECTION, WHICH SHALL BE DEPOSITED IN THE     1,372        

STATE HIGHWAY SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE    1,373        

REVISED CODE.                                                      1,374        

      (B)  IF THE APPLICATION FOR A CERTIFICATE OF TITLE REFERS    1,377        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT CONTAINS  1,378        

A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE            1,379        

MANUFACTURER, BUT FOR WHICH NO CERTIFICATE OF TITLE PREVIOUSLY     1,380        

HAS BEEN ISSUED BY THIS STATE, THE APPLICATION SHALL BE            1,381        

ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED BY THE     1,382        

DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR, SERIES OR    1,383        

MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE               1,384        

IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR                          

ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS          1,385        

DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH     1,386        

FORM AS IS DESIGNATED BY THE REGISTRAR.  THE PHYSICAL INSPECTION   1,387        

SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN ESTABLISHED  1,389        

PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR VEHICLE DEALER.     1,390        

ADDITIONALLY, THE PHYSICAL INSPECTION OF A SALVAGE OFF-HIGHWAY     1,391        

MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN INSURANCE COMPANY    1,392        

MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS OPERATED BY A      1,393        

SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER 4738. OF THE   1,394        

REVISED CODE.  THE DEPUTY REGISTRAR, MOTOR VEHICLE DEALER, OR      1,397        

SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A MAXIMUM FEE OF ONE       1,398        

DOLLAR AND FIFTY CENTS FOR CONDUCTING THE PHYSICAL INSPECTION.     1,399        

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    1,402        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  1,403        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     1,404        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        1,405        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    1,406        

SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY   1,407        

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      1,408        

RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     1,409        

                                                          30     

                                                                 
SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY   1,410        

SECTION 4501.25 OF THE REVISED CODE.                               1,412        

      Sec. 4519.57.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  1,414        

ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND        1,415        

ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL.  THE FRONT    1,417        

SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION    1,419        

REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION                   

4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND  1,422        

CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY     1,423        

OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR    1,424        

OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY   1,425        

NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT.  THE   1,426        

REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF     1,427        

THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF    1,428        

THE REVISED CODE.  AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A  1,431        

NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS       1,432        

SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN   1,433        

THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES.      1,434        

THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS                 

THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     1,435        

AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE     1,437        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED  1,438        

ON THE FACE OF THE CERTIFICATE OF TITLE.                           1,439        

      CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT       1,441        

LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      1,442        

VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE       1,443        

TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE  1,444        

PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.                                     

      Sec. 4519.58.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  1,446        

ISSUE CERTIFICATES OF TITLE IN DUPLICATE.  ONE COPY SHALL BE       1,447        

RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE     1,448        

INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR  1,449        

OF MOTOR VEHICLES ON THE DAY IT IS ISSUED.  THE CLERK SHALL SIGN   1,450        

AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE    1,451        

                                                          31     

                                                                 
AND, IF THERE ARE NO LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR                     

ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE          1,452        

APPLICANT.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF       1,453        

THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR       1,454        

ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL BE DELIVERED   1,455        

TO THE HOLDER OF THE FIRST LIEN.  IF THE CERTIFICATE OF TITLE IS   1,456        

OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND THERE ARE ONE               

OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE         1,457        

VEHICLE, THE CLERK SHALL ISSUE BOTH A CERTIFICATE OF TITLE AND     1,458        

MEMORANDUM CERTIFICATE OF TITLE.  THE CERTIFICATE OF TITLE AND     1,460        

MEMORANDUM CERTIFICATE OF TITLE SHALL BE DELIVERED TO THE DEALER,  1,462        

WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE    1,463        

FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE                       

APPLICANT.                                                         1,464        

      THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING  1,466        

CERTIFICATES OF TITLE.  THE NUMBERING SHALL BE IN SUCH MANNER      1,467        

THAT THE COUNTY OF ISSUANCE IS INDICATED.  NUMBERS SHALL BE        1,469        

ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE  1,470        

REGISTRAR.  THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE                      

ACCORDING TO THE RULES TO BE PRESCRIBED BY THE REGISTRAR, AND THE  1,471        

CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE         1,472        

CERTIFICATES OF TITLE.                                                          

      THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES   1,474        

OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT         1,476        

MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES  1,477        

OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY   1,478        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN   1,480        

YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE   1,482        

DESTROYED.  THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE                      

RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES    1,484        

OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING          1,485        

EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR            1,486        

ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE  1,487        

DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED.  THE  1,488        

                                                          32     

                                                                 
CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE  1,489        

DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN  1,490        

IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR     1,491        

TEN YEARS.  IF THE CLERK PROVIDES A WRITTEN COPY OF ANY            1,492        

INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE          1,493        

CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE   1,494        

RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING.         1,495        

      Sec. 4519.59.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  1,497        

CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE,        1,498        

DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE,   1,499        

AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE.  THE CLERK     1,500        

SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED  1,502        

FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE       1,503        

CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE,  1,504        

ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR  1,506        

DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH          1,507        

NOTATION OF A LIEN.                                                             

      THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED     1,509        

FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS      1,510        

CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING  1,512        

SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A       1,513        

CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR       1,514        

VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE       1,515        

REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT           1,516        

SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN   1,517        

WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION          1,518        

THEREOF.  THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF EACH FEE    1,519        

THE REGISTRAR RECEIVES FROM THE CLERK FOR A CERTIFICATE OF TITLE   1,520        

INTO THE STATE TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES   1,521        

AUDIT FUND CREATED BY SECTION 4505.09 OF THE REVISED CODE.         1,524        

      THE REGISTRAR SHALL DEPOSIT ALL REMAINING MONEYS RECEIVED    1,526        

BY THE REGISTRAR UNDER THIS SECTION IN THE AUTOMATED TITLE         1,528        

PROCESSING FUND, CREATED IN SECTION 4505.09 OF THE REVISED CODE.   1,530        

MONEYS DEPOSITED IN THAT FUND UNDER THIS SECTION SHALL BE USED     1,531        

                                                          33     

                                                                 
FOR THE PURPOSE SPECIFIED IN DIVISION (B)(3)(c) OF THAT SECTION.   1,532        

      Sec. 4519.60.  IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF  1,534        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF   1,535        

LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY,  1,536        

INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION   1,537        

IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY      1,538        

AGREEMENT AS PROVIDED IN CHAPTER 1309. OF THE REVISED CODE, THE    1,539        

CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE                   

LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR         1,540        

ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR    1,541        

CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S           1,543        

CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO   1,544        

THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF                      

POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,  1,545        

AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 OF THE   1,546        

REVISED CODE, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE   1,547        

OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO     1,549        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  ONLY AN        1,550        

AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION  1,551        

OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED,   1,553        

SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION    1,554        

AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT    1,555        

ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND        1,556        

OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND                    

RIGHT OF POSSESSION.  IF THE APPLICANT CANNOT PRODUCE SUCH PROOF   1,557        

OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR    1,558        

OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND   1,559        

THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY           1,560        

AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE.  IF, FROM     1,561        

THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY                 

LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE     1,562        

CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS  1,563        

THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS           1,564        

EXTINCTION.                                                                     

                                                          34     

                                                                 
      Sec. 4519.61.  (A)  EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE  1,567        

OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE   1,568        

LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR      1,569        

ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH   1,570        

MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE    1,572        

OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT   1,573        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN     1,575        

THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF       1,576        

TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS WHO ISSUED IT,                  

AND THEREUPON THE CLERK, WITH THE CONSENT OF THE HOLDERS OF ANY    1,577        

LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S   1,578        

RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE    1,579        

CANCELLATION.                                                                   

      UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE       1,581        

MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR     1,582        

MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM         1,583        

CERTIFICATES IN THAT CHAIN OF TITLE.                                            

      (B)  WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE           1,586        

CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   1,587        

VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE   1,588        

REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE       1,590        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  1,591        

VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR       1,592        

DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,        1,593        

COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE    1,594        

CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR   1,595        

VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION"  1,596        

ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE             1,597        

CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR   1,598        

SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON   1,599        

PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION.  IF THE         1,600        

SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   1,602        

VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR  1,603        

A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR    1,604        

                                                          35     

                                                                 
ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED   1,605        

IN DIVISION (C)(1) OF THIS SECTION.                                1,606        

      (C)(1)  WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY   1,609        

IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    1,610        

VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE       1,611        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR    1,612        

CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE            1,613        

CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     1,615        

VEHICLE AND PROCEED AS FOLLOWS.  WITHIN THIRTY DAYS THE INSURANCE  1,617        

COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF     1,618        

THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A         1,619        

SALVAGE CERTIFICATE OF TITLE.  THE CLERK SHALL ISSUE THE SALVAGE   1,620        

CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT  1,622        

SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF   1,623        

TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE        1,624        

ORIGINAL CERTIFICATE OF TITLE.  EXCEPT AS PROVIDED IN DIVISION     1,625        

(C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE  1,626        

ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY       1,627        

OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR     1,628        

OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     1,629        

VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE             1,630        

TRANSFERABLE TO ANY OTHER PERSON.  THE CLERK OF THE COURT OF       1,631        

COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF    1,632        

PROCESSING EACH SALVAGE CERTIFICATE OF TITLE.                      1,633        

      (2)  IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY        1,636        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1)  1,637        

OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE FOR HIGHWAY            1,638        

OPERATION, THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF     1,639        

TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A    1,640        

SALVAGE DEALER OR SCRAP METAL PROCESSING FACILITY AND SEND THE     1,641        

ASSIGNED CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON  1,642        

PLEAS OF THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL     1,643        

PROCESSING FACILITY IS LOCATED.  THE INSURANCE COMPANY SHALL MARK  1,644        

THE FACE OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL   1,645        

                                                          36     

                                                                 
DELIVER A PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE     1,646        

DEALER OR SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.         1,647        

      (3)  IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY        1,649        

IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     1,651        

VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT  1,652        

IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE         1,653        

INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,654        

VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO     1,655        

RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     1,656        

VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR        1,657        

CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM     1,658        

UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE      1,659        

VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE   1,660        

TO THE INSURANCE COMPANY.                                          1,661        

      (D)  WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING     1,664        

COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY   1,665        

MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR      1,666        

DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO     1,667        

REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY,  1,668        

OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING:                 1,669        

      (1)  MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE        1,671        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION"    1,673        

AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT   1,674        

OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF   1,675        

THIS SECTION.  THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING    1,676        

COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE           1,677        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A     1,678        

PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR      1,679        

SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY    1,681        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED,     1,682        

CRUSHED, OR DESTROYED.                                                          

      (2)  OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE            1,684        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE   1,686        

SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED   1,687        

                                                          37     

                                                                 
CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND      1,688        

THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR    1,690        

ALL-PURPOSE VEHICLE.  IF THE OFF-HIGHWAY MOTORCYCLE OR             1,691        

ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION,        1,692        

RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A      1,693        

SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR      1,694        

ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK    1,695        

OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER  1,696        

RESIDES.                                                           1,697        

      (E)  IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     1,700        

TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR         1,701        

OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF  1,702        

COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE    1,703        

STATE HIGHWAY PATROL.  THE INSPECTION SHALL INCLUDE ESTABLISHING   1,704        

PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND       1,705        

VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR     1,707        

ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE                    

MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY      1,709        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH           1,710        

DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF        1,711        

INSPECTION.  UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE                  

STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED          1,712        

INSPECTION FORM.  THE CLERK, UPON SUBMISSION OF THE COMPLETED      1,713        

INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF        1,715        

TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY  1,716        

THE REGISTRAR.  THE CERTIFICATE OF TITLE SHALL BE IN THE SAME      1,717        

FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME     1,718        

NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL        1,719        

CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE"   1,720        

IN BLACK BOLDFACE LETTERS ON ITS FACE.  EVERY SUBSEQUENT           1,721        

CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR          1,722        

CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM             1,723        

CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR      1,724        

ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE"    1,726        

                                                          38     

                                                                 
IN BLACK BOLDFACE LETTERS ON ITS FACE.  THE EXACT LOCATION ON THE  1,727        

FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE"    1,728        

SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN         1,729        

AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM   1,730        

TO COMPLY WITH THIS DIVISION.  THE CLERK SHALL USE REASONABLE      1,731        

CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS         1,732        

DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS        1,733        

DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF   1,734        

THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE  1,736        

PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES.  A FEE OF     1,737        

FORTY DOLLARS IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL                   

YEAR 1999 AND THEREAFTER SHALL BE ASSESSED BY THE STATE HIGHWAY    1,739        

PATROL FOR EACH INSPECTION MADE PURSUANT TO THIS DIVISION.         1,740        

      (F)  NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE    1,743        

CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION"    1,744        

AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL    1,745        

BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL.                 1,746        

      Sec. 4519.62.  IN THE EVENT OF A LOST OR DESTROYED           1,748        

CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF    1,749        

THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF   1,750        

TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR    1,751        

ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A        1,752        

CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE   1,753        

REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED               

BY SECTION 4519.59 OF THE REVISED CODE.  THE APPLICATION SHALL BE  1,754        

SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE  1,755        

CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO  1,756        

THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER.  THE         1,757        

CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE    1,758        

WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY  1,759        

MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE                         

ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS   1,761        

IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE        1,762        

ORIGINAL HOLDER OF THE CERTIFIED COPY HAD.  ANY PURCHASER OF THE   1,763        

                                                          39     

                                                                 
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF      1,764        

PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE      1,765        

PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY         1,766        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE        1,768        

PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY                  

CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE.  IN THE EVENT OF    1,769        

THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER,   1,770        

THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF    1,771        

TITLE TO THE CLERK FOR CANCELLATION.                               1,772        

      THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY      1,774        

MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING  1,776        

LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME   1,777        

TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM  1,778        

CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM           1,779        

PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE                      

APPLICANT.  UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE   1,780        

REGULAR, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 OF    1,781        

THE REVISED CODE, THE CLERK SHALL ISSUE TO THE APPLICANT A         1,782        

MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR           1,783        

ALL-PURPOSE VEHICLE.  IN THE EVENT THE MEMORANDUM CERTIFICATE IS   1,785        

LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY               

OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED  1,786        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE.      1,787        

THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO    1,788        

EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE          1,789        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN.   1,791        

      Sec. 4519.63.  THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK  1,793        

OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON   1,794        

AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE      1,795        

INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE      1,796        

VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR    1,798        

OTHER CLASSIFICATION AS THEY MAY DIRECT.  THE REGISTRAR OR THE     1,799        

CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND   1,800        

THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE                     

                                                          40     

                                                                 
VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE  1,801        

INFORMATION AND ATTESTATIONS THEREOF.                              1,802        

      FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS:     1,804        

      (A)  FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE,     1,806        

TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF;                  1,807        

      (B)  FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS         1,809        

THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR    1,810        

REPORTED ON;                                                                    

      (C)  FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO     1,812        

DOLLARS PER COPY.  THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF   1,815        

RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.                      

      SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE    1,817        

FACTS THEREIN STATED IN ANY COURT OF THE STATE.  THE REGISTRAR     1,818        

AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT       1,819        

CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF       1,820        

POLICE, OR THE ATTORNEY GENERAL.                                                

      THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS    1,822        

SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF   1,823        

THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION     1,825        

4501.25 OF THE REVISED CODE.  THOSE FEES COLLECTED BY THE CLERK                 

AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF    1,826        

TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE         1,827        

REVISED CODE.                                                      1,828        

      Sec. 4519.64.  MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY    1,830        

MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE    1,831        

AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES.   1,832        

THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY  1,833        

OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF     1,834        

THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE         1,835        

FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE                     

RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY        1,836        

PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE              1,837        

MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE  1,838        

NAMES OF THE AGENTS.                                                            

                                                          41     

                                                                 
      Sec. 4519.65.  THE CLERK OF THE COURT OF COMMON PLEAS AND    1,840        

THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR    1,841        

AFFIDAVIT REQUIRED BY THIS CHAPTER.                                1,842        

      Sec. 4519.66.  EVERY PEACE OFFICER, SHERIFF, WATERCRAFT      1,844        

OFFICER, DIVISION OF PARKS AND RECREATION OFFICER, DIVISION OF     1,846        

WILDLIFE OFFICER, CONSERVANCY DISTRICT OFFICER, CONSTABLE, NATURE  1,847        

PRESERVE OFFICER, FOREST OFFICER, OR STATE HIGHWAY PATROL          1,848        

TROOPER, HAVING KNOWLEDGE OF A STOLEN OFF-HIGHWAY MOTORCYCLE OR    1,849        

ALL-PURPOSE VEHICLE, IMMEDIATELY SHALL FURNISH THE REGISTRAR OF                 

MOTOR VEHICLES WITH FULL INFORMATION CONCERNING THE THEFT.         1,850        

      WHENEVER THE REGISTRAR RECEIVES A REPORT OF THE THEFT OR     1,852        

CONVERSION OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,    1,853        

THE REGISTRAR SHALL MAKE A DISTINCTIVE RECORD THEREOF, INCLUDING   1,855        

THE MAKE OF THE STOLEN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,856        

VEHICLE AND ITS MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION  1,858        

NUMBER, AND SHALL FILE THE SAME IN THE NUMERICAL ORDER OF THE      1,859        

MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER WITH THE               

INDEX RECORDS OF THE OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE        1,860        

VEHICLES OF THAT MAKE.  THE REGISTRAR SHALL PREPARE A REPORT       1,861        

LISTING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES STOLEN    1,862        

AND RECOVERED AS DISCLOSED BY THE REPORTS SUBMITTED TO THE         1,864        

REGISTRAR, TO BE DISTRIBUTED AS THE REGISTRAR CONSIDERS            1,865        

ADVISABLE.                                                                      

      IN THE EVENT OF THE RECEIPT FROM ANY CLERK OF THE COURT OF   1,867        

COMMON PLEAS OF A COPY OF A CERTIFICATE OF TITLE TO SUCH AN        1,868        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE REGISTRAR       1,869        

IMMEDIATELY SHALL NOTIFY THE RIGHTFUL OWNER THEREOF AND THE CLERK  1,870        

WHO ISSUED THE CERTIFICATE OF TITLE, AND IF IT APPEARS, UPON       1,871        

INVESTIGATION, THAT THE CERTIFICATE OF TITLE WAS IMPROPERLY                     

ISSUED, THE REGISTRAR IMMEDIATELY SHALL CANCEL IT.                 1,872        

      IN THE EVENT OF THE RECOVERY OF A STOLEN OR CONVERTED        1,874        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE OWNER           1,875        

IMMEDIATELY SHALL NOTIFY THE REGISTRAR, WHO SHALL REMOVE THE       1,877        

RECORD OF THE THEFT OR CONVERSION FROM THE REGISTRAR'S FILE.       1,878        

                                                          42     

                                                                 
      Sec. 4519.67.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      1,880        

      (A)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      1,883        

ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE  1,885        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A           1,886        

CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE       1,887        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;                                  

      (B)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      1,890        

ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY   1,891        

MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS     1,892        

BEEN CANCELED;                                                                  

      (C)  FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON         1,894        

CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND    1,895        

NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER;                      1,896        

      (D)  FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE       1,898        

CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER,    1,900        

IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE    1,901        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE     1,902        

CERTIFICATE OF TITLE;                                                           

      (E)  VIOLATE SECTIONS 4519.51 TO 4519.70 OF THE REVISED      1,904        

CODE FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL      1,905        

RULES PROMULGATED PURSUANT TO THOSE SECTIONS.                      1,906        

      Sec. 4519.68.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      1,908        

      (A)  PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE    1,910        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR    1,911        

ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF   1,912        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR    1,913        

HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR        1,914        

ALL-PURPOSE VEHICLE HAS BEEN STOLEN;                               1,916        

      (B)  SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY     1,919        

MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR                

ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED,         1,921        

REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE        1,922        

DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE   1,923        

MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER.  THIS    1,924        

                                                          43     

                                                                 
PROHIBITION DOES NOT APPLY TO THE SALE OF SUCH AN OFF-HIGHWAY      1,925        

MOTORCYCLE OR ALL-PURPOSE VEHICLE IF THE PERSON SELLING THE        1,926        

MOTORCYCLE OR VEHICLE IS NOT A DEALER ENGAGED IN THE BUSINESS OF   1,927        

SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE         1,928        

VEHICLES AND A CERTIFICATE OF TITLE FOR THE MOTORCYCLE OR VEHICLE  1,929        

HAS NOT BEEN ISSUED BY THIS STATE.                                              

      (C)  SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR           1,931        

ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR         1,932        

TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR  1,933        

IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS       1,934        

PROVIDED FOR IN THIS CHAPTER.                                                   

      Sec. 4519.69.  CHAPTER 1309. OF THE REVISED CODE DOES NOT    1,936        

PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD OF A        1,937        

SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR            1,938        

ALL-PURPOSE VEHICLE FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED.  1,940        

ANY SECURITY AGREEMENT COVERING A SECURITY INTEREST IN AN                       

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH INSTRUMENT  1,941        

IS ACCOMPANIED BY A DELIVERY OF A MANUFACTURER'S OR IMPORTER'S     1,943        

CERTIFICATE AND FOLLOWED BY ACTUAL AND CONTINUED POSSESSION OF     1,944        

THE CERTIFICATE BY THE HOLDER OF THE INSTRUMENT OR, IN THE CASE    1,945        

OF A CERTIFICATE OF TITLE, IF A NOTATION OF THE INSTRUMENT HAS     1,946        

BEEN MADE BY THE CLERK OF THE COURT OF COMMON PLEAS ON THE FACE                 

OF THE CERTIFICATE, SHALL BE VALID AS AGAINST THE CREDITORS OF     1,947        

THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND AGAINST         1,948        

SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER LIENHOLDERS OR   1,949        

CLAIMANTS.  ALL LIENS, MORTGAGES, AND ENCUMBRANCES NOTED UPON A    1,950        

CERTIFICATE OF TITLE SHALL TAKE PRIORITY ACCORDING TO THE ORDER    1,951        

OF TIME IN WHICH THE SAME ARE NOTED THEREON BY THE CLERK.                       

EXPOSURE FOR SALE OF ANY OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE    1,952        

VEHICLE BY THE OWNER THEREOF, WITH THE KNOWLEDGE OR WITH THE       1,953        

KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY LIEN, MORTGAGE, OR      1,954        

ENCUMBRANCE THEREON, SHALL NOT RENDER THE LIEN, MORTGAGE, OR       1,955        

ENCUMBRANCE INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR  1,956        

AGAINST HOLDERS OF SUBSEQUENT LIENS, MORTGAGES, OR ENCUMBRANCES    1,957        

                                                          44     

                                                                 
UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.            1,958        

      THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY         1,960        

AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY  1,961        

IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE    1,962        

CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 OF  1,963        

THE REVISED CODE, MAY HAVE A NOTATION OF SUCH LIEN MADE ON THE                  

FACE OF THE CERTIFICATE OF TITLE OR, IF THE CLERK SO CHOOSES, A    1,964        

NOTATION OF THE LIEN MAY BE ENTERED INTO THE AUTOMATED TITLE       1,965        

PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.  THE CLERK SHALL       1,966        

ENTER THE NOTATION AND THE DATE THEREOF OVER THE CLERK'S           1,967        

SIGNATURE AND SEAL OF OFFICE, AND ALSO SHALL NOTE THE LIEN AND     1,968        

THE DATE THEREOF ON THE DUPLICATE OF SAME IN THE CLERK'S FILES                  

AND ON THAT DAY SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES, WHO  1,969        

SHALL DO LIKEWISE.  THE CLERK SHALL INDICATE BY APPROPRIATE        1,970        

NOTATION ON THE AGREEMENT ITSELF THE FACT THAT THE LIEN HAS BEEN   1,971        

NOTED ON THE CERTIFICATE OF TITLE.                                              

      WHEN THE LIEN IS DISCHARGED, THE HOLDER THEREOF SHALL NOTE   1,973        

THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON THE FACE OF THE       1,974        

CERTIFICATE OF TITLE.  PRIOR TO DELIVERING THE CERTIFICATE TO THE  1,975        

OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY   1,976        

ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE     1,977        

THE CLERK NOTE THE CANCELLATION OF THE LIEN ON THE FACE OF THE                  

CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE CLERK.  IF THE    1,978        

CANCELLATION APPEARS TO BE GENUINE, THE CLERK SHALL NOTE THE       1,979        

CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO SHALL NOTE THE   1,980        

CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE REGISTRAR, WHO  1,981        

SHALL NOTE THE CANCELLATION.  IF A LIEN THAT IS DISCHARGED DOES    1,982        

NOT APPEAR ON THE FACE OF THE CERTIFICATE OF TITLE BUT INSTEAD     1,983        

WAS ENTERED INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR   1,984        

VEHICLES, THE CLERK SHALL ENTER THE CANCELLATION INTO THE                       

AUTOMATED TITLE PROCESSING SYSTEM AND ALSO SHALL NOTE THE          1,985        

CANCELLATION ON A FORM PRESCRIBED BY THE REGISTRAR.                1,986        

      Sec. 4519.70.  IF THE APPLICATION FOR A CERTIFICATE OF       1,988        

TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE   1,989        

                                                          45     

                                                                 
LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION       1,990        

SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED   1,992        

BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR,       1,993        

SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S                          

IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR             1,995        

ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS          1,996        

DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH     1,997        

FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES.  THE                  

PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   1,998        

VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN     2,000        

ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR         2,002        

VEHICLE DEALER.  ADDITIONALLY, THE PHYSICAL INSPECTION OF A        2,003        

SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN  2,004        

INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS  2,005        

OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER  2,007        

4738. OF THE REVISED CODE.  THE DEPUTY REGISTRAR, THE MOTOR        2,008        

VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A   2,009        

MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE       2,010        

PHYSICAL INSPECTION.                                                            

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    2,012        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  2,013        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     2,014        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        2,016        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    2,017        

SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY                

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      2,018        

RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     2,019        

SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF  2,020        

MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED  2,022        

CODE.                                                              2,023        

      Sec. 4519.99.  (A)  Whoever violates division (A) of         2,032        

section 4519.02, or division (A), (B), or (C) of section 4519.05,  2,033        

of the Revised Code shall be fined not more than twenty-five       2,034        

dollars for a first offense; for each subsequent offense such      2,035        

                                                          46     

                                                                 
person shall be fined not less than twenty-five nor more than      2,036        

fifty dollars.                                                     2,037        

      (B)  Whoever violates section 4519.06 of the Revised Code    2,039        

shall be fined not more than fifty dollars for a first offense;    2,040        

for each subsequent offense such person shall be fined not less    2,041        

than fifty nor more than two hundred dollars.                      2,042        

      (C)  Whoever violates division (E)(B) of section 4519.20,    2,044        

or section 4519.22, of the Revised Code shall be fined not more    2,045        

than fifty dollars for a first offense; for each subsequent        2,046        

offense within one year of a first offense such person shall be    2,047        

fined not less than fifteen nor more than one hundred dollars or   2,048        

imprisoned not more than three days, or both.                      2,049        

      (D)  Whoever violates section 4519.40 or 4519.44 of the      2,051        

Revised Code shall be fined not less than fifty nor more than      2,052        

five hundred dollars or imprisoned not less than three nor more    2,053        

than thirty days, or both.                                         2,054        

      (E)  Whoever violates section 4519.45 of the Revised Code    2,056        

shall be fined not less than one hundred nor more than five        2,057        

hundred dollars.                                                   2,058        

      (F)  WHOEVER VIOLATES SECTION 4519.67 OF THE REVISED CODE    2,060        

SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED    2,061        

NOT MORE THAN NINETY DAYS, OR BOTH.                                             

      (G)  WHOEVER VIOLATES SECTION 4519.68 OF THE REVISED CODE    2,063        

SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED  2,064        

IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE  2,065        

THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE    2,066        

THAN FIVE YEARS, OR BOTH.                                                       

      (H)  WHOEVER VIOLATES SECTION 4519.52 OF THE REVISED CODE    2,068        

SHALL BE FINED FIFTY DOLLARS.                                      2,069        

      Section 2.  That existing sections 4505.09, 4519.01,         2,071        

4519.02, 4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08,    2,072        

4519.09, 4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41,     2,074        

4519.42, 4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48,     2,075        

and 4519.99 of the Revised Code are hereby repealed.               2,076