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
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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
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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.
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(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
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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
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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
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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
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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