As Reported by the House Transportation and Public Safety Committee  1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 611  5            

      1997-1998                                                    6            


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

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

       PADGETT-KREBS-GARCIA-BATEMAN-METELSKY-CAREY-PATTON          10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 325.33, 4501.01, 4503.10, 4505.06,  14           

                4505.09, 4511.85, 4517.01, 4519.01, 4519.02,       15           

                4519.03, 4519.031, 4519.04, 4519.05, 4519.06,      16           

                4519.08, 4519.09, 4519.11, 4519.20, 4519.21,       17           

                4519.22, 4519.40 to 4519.48, and 4519.99, and to   18           

                enact sections 4519.10, and 4519.51 to 4519.70 of  19           

                the Revised Code to require that the owners of     20           

                certain off-highway motorcycles and all-purpose    21           

                vehicles obtain certificates of  title for the     22           

                vehicles.                                          23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 325.33, 4501.01, 4503.10,          27           

4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 4519.03,     28           

4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 4519.11,    29           

4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42, 4519.43,     30           

4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99 be        31           

amended and sections 4519.10, 4519.51, 4519.52, 4519.53, 4519.54,  32           

4519.55, 4519.56, 4519.57, 4519.58, 4519.59, 4519.60, 4519.61,     33           

4519.62, 4519.63, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68,     34           

4519.69, and 4519.70 of the Revised Code be enacted to read as     35           

follows:                                                                        

      Sec. 325.33.  Notwithstanding sections 325.27 and 325.31 of  44           

the Revised Code, all fees retained by the clerk of courts under   45           

Chapters 1548. and, 4505., AND 4519. of the Revised Code shall be  47           

                                                          2      

                                                                 
paid into the county treasury to the credit of the certificate of  48           

title administration fund, which is hereby created.  Except as                  

otherwise provided in this section, fees credited to the fund      49           

shall be used only to pay the costs incurred by the clerk of       50           

courts in processing titles under Chapters 1548. and, 4505., AND   51           

4519. of the Revised Code.  However, if the board of county        53           

commissioners and the clerk of courts agree that the money in the               

fund exceeds what is needed to pay such costs, the excess may be   54           

transferred to the county general fund and used for other county   55           

purposes.  If the board of county commissioners and the clerk of   56           

courts are unable to agree on the amount of any such excess, the   57           

county budget commission shall determine the amount that will be   58           

transferred to the county general fund.                                         

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   67           

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         68           

Revised Code, and in the penal laws, except as otherwise           69           

provided:                                                          70           

      (A)  "Vehicles" means everything on wheels or runners,       72           

including motorized bicycles, but does not mean vehicles that are  73           

operated exclusively on rails or tracks or from overhead electric  74           

trolley wires and vehicles that belong to any police department,   75           

municipal fire department, or volunteer fire department, or that   76           

are used by such a department in the discharge of its functions.   77           

      (B)  "Motor vehicle" means any vehicle, including            79           

manufactured homes and recreational vehicles, that is propelled    80           

or drawn by power other than muscular power or power collected     81           

from overhead electric trolley wires, except motorized bicycles,   82           

road rollers, traction engines, power shovels, power cranes, and   83           

other equipment used in construction work and not designed for or  84           

employed in general highway transportation, well-drilling          85           

machinery, ditch-digging machinery, farm machinery, trailers that  86           

are used to transport agricultural produce or agricultural         87           

production materials between a local place of storage or supply    88           

and the farm when drawn or towed on a public road or highway at a  89           

                                                          3      

                                                                 
speed of twenty-five miles per hour or less, threshing machinery,  90           

hay-baling machinery, corn sheller, hammermill and agricultural    91           

tractors, machinery used in the production of horticultural,       92           

agricultural, and vegetable products, and trailers that are        93           

designed and used exclusively to transport a boat between a place  94           

of storage and a marina, or in and around a marina, when drawn or  95           

towed on a public road or highway for a distance of no more than   96           

ten miles and at a speed of twenty-five miles per hour or less.    97           

      (C)  "Agricultural tractor" and "traction engine" mean any   99           

self-propelling vehicle that is designed or used for drawing       100          

other vehicles or wheeled machinery, but has no provisions for     101          

carrying loads independently of such other vehicles, and that is   102          

used principally for agricultural purposes.                        103          

      (D)  "Commercial tractor," except as defined in division     105          

(C) of this section, means any motor vehicle that has motive       106          

power and either is designed or used for drawing other motor       107          

vehicles, or is designed or used for drawing another motor         109          

vehicle while carrying a portion of the other motor vehicle or     110          

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         112          

designed and used for carrying not more than nine persons and      113          

includes any motor vehicle that is designed and used for carrying  114          

not more than fifteen persons in a ridesharing arrangement.        115          

      (F)  "Collector's vehicle" means any motor vehicle or        117          

agricultural tractor or traction engine that is of special         118          

interest, that has a fair market value of one hundred dollars or   119          

more, whether operable or not, and that is owned, operated,        120          

collected, preserved, restored, maintained, or used essentially    121          

as a collector's item, leisure pursuit, or investment, but not as  122          

the owner's principal means of transportation.  "Licensed          123          

collector's vehicle" means a collector's vehicle, other than an    124          

agricultural tractor or traction engine, that displays current,    125          

valid license tags issued under section 4503.45 of the Revised     126          

Code, or a similar type of motor vehicle that displays current,    127          

                                                          4      

                                                                 
valid license tags issued under substantially equivalent           128          

provisions in the laws of other states.                            129          

      (G)  "Historical motor vehicle" means any motor vehicle      131          

that is over twenty-five years old and is owned solely as a        132          

collector's item and for participation in club activities,         133          

exhibitions, tours, parades, and similar uses, but that in no      134          

event is used for general transportation.                          135          

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  137          

including a farm truck as defined in section 4503.04 of the        138          

Revised Code, that is designed by the manufacturer to carry a      139          

load of no more than one ton and is used exclusively for purposes  140          

other than engaging in business for profit.                        141          

      (I)  "Bus" means any motor vehicle that has motor power and  144          

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    145          

not more than fifteen passengers in a ridesharing arrangement.     146          

      (J)  "Commercial car" means any motor vehicle that has       148          

motor power and is designed and used for carrying merchandise or   149          

freight, or that is used as a commercial tractor.                  150          

      (K)  "Bicycle" means every device, other than a tricycle     152          

that is designed solely for use as a play vehicle by a child,      154          

that is propelled solely by human power upon which any person may  155          

ride, and that has either two tandem wheels, or one wheel in       156          

front and two wheels in the rear, any of which is more than        157          

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that either has   159          

two tandem wheels or one wheel in the front and two wheels in the  161          

rear, that is capable of being pedaled, and that is equipped with               

a helper motor of not more than fifty cubic centimeters piston     162          

displacement that produces no more than one brake horsepower and   163          

is capable of propelling the vehicle at a speed of no greater      164          

than twenty miles per hour on a level surface.                     165          

      (M)  "Trailer" means any vehicle without motive power that   168          

is designed or used for carrying property or persons wholly on                  

                                                          5      

                                                                 
its own structure and for being drawn by a motor vehicle, and      169          

includes any such vehicle that is formed by or operated as a       170          

combination of a semitrailer and a vehicle of the dolly type such  171          

as that commonly known as a trailer dolly, a vehicle used to       172          

transport agricultural produce or agricultural production          173          

materials between a local place of storage or supply and the farm  174          

when drawn or towed on a public road or highway at a speed         175          

greater than twenty-five miles per hour, and a vehicle that is     176          

designed and used exclusively to transport a boat between a place  177          

of storage and a marina, or in and around a marina, when drawn or  178          

towed on a public road or highway for a distance of more than ten  179          

miles or at a speed of more than twenty-five miles per hour.       180          

"Trailer" does not include a manufactured home or travel trailer.  181          

      (N)  "Noncommercial trailer" means any trailer, except a     183          

travel trailer or trailer that is used to transport a boat as      184          

described in division (B) of this section, but, where applicable,  185          

includes a vehicle that is used to transport a boat as described   186          

in division (M) of this section, that has a gross weight of no     187          

more than three thousand pounds, and that is used exclusively for  188          

purposes other than engaging in business for a profit.             189          

      (O)  "Manufactured home" means any nonself-propelled         191          

vehicle transportable in one or more sections, which, in the       192          

traveling mode, is eight body feet or more in width or forty body  193          

feet or more in length or, when erected on site, is three hundred  194          

twenty or more square feet, and which is built on a permanent      195          

chassis and designed to be used as a dwelling with or without a    196          

permanent foundation when connected to the required utilities,     197          

and includes the plumbing, heating, air conditioning, and          198          

electrical systems contained therein.  Calculations used to        199          

determine the number of square feet in a structure are based on    200          

the structure's exterior dimensions measured at the largest        201          

horizontal projections when erected on site.  These dimensions     202          

include all expandable rooms, cabinets, and other projections      203          

containing interior space, but do not include bay windows.         204          

                                                          6      

                                                                 
      (P)  "Semitrailer" means any vehicle of the trailer type     206          

that does not have motive power and is so designed or used with    207          

another and separate motor vehicle that in operation a part of     208          

its own weight or that of its load, or both, rests upon and is     209          

carried by the other vehicle furnishing the motive power for       210          

propelling itself and the vehicle referred to in this division,    211          

and includes, for the purpose only of registration and taxation    212          

under those chapters, any vehicle of the dolly type, such as a     213          

trailer dolly, that is designed or used for the conversion of a    214          

semitrailer into a trailer.                                        215          

      (Q)  "Recreational vehicle" means a vehicular portable       217          

structure that is designed and constructed to be used as a         218          

temporary dwelling for travel, recreational, and vacation uses     219          

and is classed as follows:                                         220          

      (1)  "Travel trailer" means a nonself-propelled              222          

recreational vehicle that does not exceed an overall length of     223          

thirty-five feet, exclusive of bumper and tongue or coupling, and  224          

includes a tent-type fold-out camping trailer as defined in        225          

section 4517.01 of the Revised Code.                               226          

      (2)  "Motor home" means a self-propelled recreational        228          

vehicle that is constructed with permanently installed facilities  229          

for cold storage, cooking and consuming of food, and for           230          

sleeping.                                                                       

      (3)  "Truck camper" means a nonself-propelled recreational   232          

vehicle that does not have wheels for road use and is designed to  233          

be placed upon and attached to a motor vehicle.  "Truck camper"    234          

does not include truck covers that consist of walls and a roof,    235          

but do not have floors and facilities enabling them to be used as  236          

a dwelling.                                                                     

      (4)  "Fifth wheel trailer" means a vehicle that is of such   238          

size and weight as to be movable without a special highway         239          

permit, that has a gross trailer area of four hundred square feet  240          

or less, that is constructed with a raised forward section that    241          

allows a bi-level floor plan, and that is designed to be towed by               

                                                          7      

                                                                 
a vehicle equipped with a fifth-wheel hitch ordinarily installed   242          

in the bed of a truck.                                             243          

      (5)  "Park trailer" means a vehicle that is commonly known   245          

as a park model recreational vehicle, meets the American national  246          

standard institute standard A119.5 (1988) for park trailers, is    247          

built on a single chassis, has a gross trailer area of four        248          

hundred square feet or less when set up, is designed for seasonal  249          

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  250          

      (R)  "Pneumatic tires" means tires of rubber and fabric or   252          

tires of similar material, that are inflated with air.             253          

      (S)  "Solid tires" means tires of rubber or similar elastic  255          

material that are not dependent upon confined air for support of   256          

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          258          

equipped with two or more solid tires.                             259          

      (U)  "Farm machinery" means all machines and tools that are  261          

used in the production, harvesting, and care of farm products,     262          

and includes trailers that are used to transport agricultural      263          

produce or agricultural production materials between a local       264          

place of storage or supply and the farm when drawn or towed on a   265          

public road or highway at a speed of twenty-five miles per hour    266          

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       268          

other than a manufacturer or dealer that has title to a motor      269          

vehicle, except that in sections 4505.01 to 4505.19 of the         270          

Revised Code, "owner" includes in addition manufacturers and       271          

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        273          

firms, and corporations that are regularly engaged in the          274          

business of manufacturing, selling, displaying, offering for       275          

sale, or dealing in motor vehicles, at an established place of     276          

business that is used exclusively for the purpose of               277          

manufacturing, selling, displaying, offering for sale, or dealing  278          

                                                          8      

                                                                 
in motor vehicles.  A place of business that is used for           279          

manufacturing, selling, displaying, offering for sale, or dealing  280          

in motor vehicles shall be deemed to be used exclusively for       281          

those purposes even though snowmobiles or all-purpose vehicles     282          

are sold or displayed for sale thereat, even though farm           283          

machinery is sold or displayed for sale thereat, or even though    284          

repair, accessory, gasoline and oil, storage, parts, service, or   285          

paint departments are maintained thereat, or, in any county        286          

having a population of less than seventy-five thousand persons at  287          

the last federal census, even though a department in a place of    288          

business is used to dismantle, salvage, or rebuild motor vehicles  289          

by means of used parts, if such departments are operated for the   290          

purpose of furthering and assisting in the business of             291          

manufacturing, selling, displaying, offering for sale, or dealing  292          

in motor vehicles.  Places of business or departments in a place   293          

of business used to dismantle, salvage, or rebuild motor vehicles  294          

by means of using used parts are not considered as being           295          

maintained for the purpose of assisting or furthering the          296          

manufacturing, selling, displaying, and offering for sale or       297          

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   299          

a motor vehicle upon the public highways.                          300          

      (Y)  "Chauffeur" means any operator who operates a motor     302          

vehicle, other than a taxicab, as an employee for hire; or any     303          

operator whether or not the owner of a motor vehicle, other than   304          

a taxicab, who operates such vehicle for transporting, for gain,   305          

compensation, or profit, either persons or property owned by       306          

another.  Any operator of a motor vehicle who is voluntarily       307          

involved in a ridesharing arrangement is not considered an         308          

employee for hire or operating such vehicle for gain,              309          

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  311          

of the United States, and the provinces of Canada.                 312          

      (AA)  "Public roads and highways" for vehicles includes all  314          

                                                          9      

                                                                 
public thoroughfares, bridges, and culverts.                       315          

      (BB)  "Manufacturer's number" means the manufacturer's       317          

original serial number that is affixed to or imprinted upon the    318          

chassis or other part of the motor vehicle.                        319          

      (CC)  "Motor number" means the manufacturer's original       321          

number that is affixed to or imprinted upon the engine or motor    322          

of the vehicle.                                                    323          

      (DD)  "Bill of sale" means the written statement or          325          

document of transfer or conveyance required prior to January 1,    326          

1938, to be executed and delivered by the corporation,             327          

partnership, association, or person selling, giving away,          328          

transferring, or passing title to a motor vehicle.                 329          

      (EE)  "Distributor" means any person who is authorized by a  331          

motor vehicle manufacturer to distribute new motor vehicles to     332          

licensed motor vehicle dealers at an established place of          333          

business that is used exclusively for the purpose of distributing  334          

new motor vehicles to licensed motor vehicle dealers, except when  335          

the distributor also is a new motor vehicle dealer, in which case  336          

the distributor may distribute at the location of the              337          

distributor's licensed dealership.                                 338          

      (FF)(EE)  "Ridesharing arrangement" means the                340          

transportation of persons in a motor vehicle where the             342          

transportation is incidental to another purpose of a volunteer     343          

driver and includes ridesharing arrangements known as carpools,    344          

vanpools, and buspools.                                            345          

      (GG)(FF)  "Apportionable vehicle" means any vehicle that is  347          

used or intended for use in two or more international              349          

registration plan member jurisdictions that allocate or            350          

proportionally register vehicles, that is used for the             351          

transportation of persons for hire or designed, used, or           352          

maintained primarily for the transportation of property, and that  353          

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        355          

excess of twenty-six thousand pounds;                              356          

                                                          10     

                                                                 
      (2)  Is a power unit having three or more axles, regardless  358          

of the gross vehicle weight;                                       359          

      (3)  Is a combination vehicle with a gross vehicle weight    361          

in excess of twenty-six thousand pounds.                           362          

      "Apportionable vehicle" does not include recreational        364          

vehicles, vehicles displaying restricted plates, city pick-up and  365          

delivery vehicles, buses used for the transportation of chartered  366          

parties, or vehicles owned and operated by the United States,      367          

this state, or any political subdivisions thereof.                 368          

      (HH)(GG)  "Chartered party" means a group of persons who     370          

contract as a group to acquire the exclusive use of a              371          

passenger-carrying motor vehicle at a fixed charge for the         372          

vehicle in accordance with the carrier's tariff, lawfully on file  373          

with the United States department of transportation, for the       375          

purpose of group travel to a specified destination or for a        376          

particular itinerary, either agreed upon in advance or modified    377          

by the chartered group after having left the place of origin.      378          

      (II)(HH)  "International registration plan" means a          380          

reciprocal agreement of member jurisdictions that is endorsed by   381          

the American association of motor vehicle administrators, and      382          

that promotes and encourages the fullest possible use of the       383          

highway system by authorizing apportioned registration of fleets   384          

of vehicles and recognizing registration of vehicles apportioned   385          

in member jurisdictions.                                           386          

      (JJ)(II)  "Restricted plate" means a license plate that has  388          

a restriction of time, geographic area, mileage, or commodity,     389          

and includes license plates issued to farm trucks under division   390          

(K) of section 4503.04 of the Revised Code.                        391          

      (KK)(JJ)  "Gross vehicle weight," with regard to any         393          

commercial car, trailer, semitrailer, or bus that is taxed at the  395          

rates established under section 4503.042 of the Revised Code,      396          

means the unladen weight of the vehicle fully equipped plus the    397          

maximum weight of the load to be carried on the vehicle.           398          

      (LL)(KK)  "Combined gross vehicle weight" with regard to     400          

                                                          11     

                                                                 
any combination of a commercial car, trailer, and semitrailer,     401          

that is taxed at the rates established under section 4503.042 of   402          

the Revised Code, means the total unladen weight of the            403          

combination of vehicles fully equipped plus the maximum weight of  404          

the load to be carried on that combination of vehicles.            405          

      (MM)(LL)  "Chauffeured limousine" means a motor vehicle      407          

that is designed to carry nine or fewer passengers and is          409          

operated for hire on an hourly basis pursuant to a prearranged     410          

contract for the transportation of passengers on public roads and  411          

highways along a route under the control of the person hiring the  412          

vehicle and not over a defined and regular route.  "Prearranged    413          

contract" means an agreement, made in advance of boarding, to      414          

provide transportation from a specific location in a chauffeured   415          

limousine at a fixed rate per hour or trip.  "Chauffeured          416          

limousine" does not include any vehicle that is used exclusively   417          

in the business of funeral directing.                              418          

      Sec. 4503.10.  (A)  THE OWNER OF EVERY SNOWMOBILE,           427          

OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE REQUIRED TO BE     429          

REGISTERED UNDER SECTION 4519.02 OF THE REVISED CODE SHALL FILE    431          

AN APPLICATION FOR REGISTRATION UNDER SECTION 4519.03 OF THE       433          

REVISED CODE.  THE OWNER OF A MOTOR VEHICLE, OTHER THAN A          435          

SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE, THAT   436          

IS NOT DESIGNED AND CONSTRUCTED BY THE MANUFACTURER FOR OPERATION  437          

ON A STREET OR HIGHWAY MAY NOT REGISTER IT UNDER THIS CHAPTER      438          

EXCEPT UPON CERTIFICATION OF INSPECTION PURSUANT TO SECTION        439          

4513.02 OF THE REVISED CODE BY THE SHERIFF OR CHIEF OF POLICE OF   442          

THE MUNICIPAL OR TOWNSHIP POLICE WITH JURISDICTION OVER THE        443          

POLITICAL SUBDIVISION IN WHICH THE OWNER OF THE MOTOR VEHICLE      444          

RESIDES.  Except as provided in section 4503.103 of the Revised    445          

Code, every owner of a EVERY OTHER motor vehicle NOT PREVIOUSLY    446          

DESCRIBED IN THIS SECTION and every person mentioned as owner in   447          

the last certificate of title, bill of sale, or sworn statement    448          

of ownership of a motor vehicle that is operated or driven upon    449          

the public roads or highways shall cause to be filed each year,    450          

                                                          12     

                                                                 
by mail or otherwise, in the office of the registrar of motor      451          

vehicles or a deputy registrar, a written application or a         452          

preprinted registration renewal notice issued under section        453          

4503.102 of the Revised Code, the form of which shall be           454          

prescribed by the registrar, for registration for the following    455          

registration year, which shall begin on the first day of January   456          

of every calendar year and end on the thirty-first day of          457          

December in the same year.  Applications for registration and      458          

registration renewal notices shall be filed at the times                        

established by the registrar pursuant to section 4503.101 of the   459          

Revised Code.  Except as provided in division (J) of this          460          

section, applications for registration shall be made on blanks     461          

furnished by the registrar for that purpose, containing the        462          

following information:                                             463          

      (1)  A brief description of the motor vehicle to be          465          

registered, including the name of the manufacturer, the factory    466          

number of the vehicle, the year's model, and, in the case of       467          

commercial cars, the gross weight of the vehicle fully equipped    468          

computed in the manner prescribed in section 4503.08 of the        469          

Revised Code;                                                      470          

      (2)  The name and residence address of the owner, and the    473          

township and municipal corporation in which the owner resides;     475          

      (3)  The district of registration, which shall be            477          

determined as follows:                                             478          

      (a)  In case the motor vehicle to be registered is used for  480          

hire or principally in connection with any established business    481          

or branch business, conducted at a particular place, the district  482          

of registration is the municipal corporation in which that place   483          

is located or, if not located in any municipal corporation, the    484          

county and township in which that place is located.                485          

      (b)  In case the vehicle is not so used, the district of     487          

registration is the municipal corporation or county in which the   488          

owner resides at the time of making the application.               489          

      (4)  Whether the motor vehicle is a new or used motor        491          

                                                          13     

                                                                 
vehicle;                                                           492          

      (5)  The date of purchase of the motor vehicle;              494          

      (6)  Whether the fees required to be paid for the            496          

registration or transfer of the motor vehicle, during the          497          

preceding registration year and during the preceding period of     498          

the current registration year, have been paid.  Each application   499          

for registration shall be signed by the owner, directly or         500          

pursuant to obtaining a limited power of attorney authorized by    501          

the registrar for registration, or other document authorizing      502          

such signature.                                                    503          

      (7)  The owner's social security number, if assigned, or,    505          

where a motor vehicle to be registered is used for hire or         506          

principally in connection with any established business, the       507          

owner's federal taxpayer identification number.                    508          

      (B)  Each time the applicant first registers a motor         510          

vehicle in the applicant's name, the applicant shall present for   512          

inspection proper bills of sale or sworn statement of ownership,   513          

the originals of which have been filed with the clerk of the       514          

court of common pleas, or a certificate of the clerk certifying    515          

that such bills of sale or sworn statement of ownership have been  516          

filed with the clerk, or a certificate of title or a memorandum    517          

certificate showing title to the motor vehicle to be registered    518          

in the applicant.  When a motor vehicle inspection and             519          

maintenance program is in effect under section 3704.14 of the      520          

Revised Code and rules adopted under it, each application for      521          

registration for a vehicle required to be inspected under that     522          

section and those rules shall be accompanied by an inspection      523          

certificate for the motor vehicle issued in accordance with that   524          

section.  The application shall be refused if any of the           525          

following applies:                                                              

      (1)  The application is not in proper form.                  527          

      (2)  The application is prohibited from being accepted by    529          

division (D) of section 2935.27, division (A) of section           530          

2937.221, division (A) of section 4503.13, division (B) of         531          

                                                          14     

                                                                 
section 4507.168, or division (B)(1) of section 4521.10 of the     532          

Revised Code.                                                                   

      (3)  When applicable, proper bills of sale or A sworn        534          

statement of ownership or proper certificate thereof or A          535          

certificate of title or memorandum certificate OF TITLE does not   536          

accompany the application.                                         538          

      (4)  All registration and transfer fees for the motor        540          

vehicle, for the preceding year or the preceding period of the     541          

current registration year, have not been paid.                     542          

      (5)  The owner or lessee does not have an inspection         544          

certificate for the motor vehicle as provided in section 3704.14   545          

of the Revised Code, and rules adopted under it, if that section   546          

is applicable.                                                     547          

      This section does not require the payment of license or      549          

registration taxes on a motor vehicle for any preceding year, or   550          

for any preceding period of a year, if the motor vehicle was not   551          

taxable for that preceding year or period under sections 4503.02,  552          

4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the     553          

Revised Code.  When a certificate of registration is issued upon   554          

the first registration of a motor vehicle by or on behalf of the   555          

owner, the official issuing the certificate shall indicate the     556          

issuance with a stamp on the certificate of title or memorandum    557          

certificate and on the inspection certificate for the motor        558          

vehicle, if any.  The official also shall indicate, by a stamp or  559          

by such other means as the registrar prescribes, on the            560          

registration certificate issued upon the first registration of a   561          

motor vehicle by or on behalf of the owner the odometer reading    562          

of the motor vehicle as shown in the odometer statement included   563          

in or attached to the certificate of title.  Upon each subsequent  564          

registration of the motor vehicle by or on behalf of the same      565          

owner, the official also shall so indicate the odometer reading    566          

of the motor vehicle as shown on the immediately preceding         567          

certificate of registration.                                       568          

      The registrar shall include in the permanent registration    570          

                                                          15     

                                                                 
record of any vehicle required to be inspected under section       571          

3704.14 of the Revised Code the inspection certificate number      572          

from the inspection certificate that is presented at the time of   573          

registration of the vehicle as required under this division.       574          

      (C)  In addition, a charge of twenty-five cents shall be     576          

made for each reflectorized safety license plate issued, and a     577          

single charge of twenty-five cents shall be made for each county   578          

identification sticker or each set of county identification        580          

stickers issued, as the case may be, to cover the cost of          581          

producing the license plates and stickers, including material,     582          

manufacturing, and administrative costs.  Those fees shall be in   583          

addition to the license tax.  If the total cost of producing the   584          

plates is less than twenty-five cents per plate, or if the total   585          

cost of producing the stickers is less than twenty-five cents per  586          

sticker or per set issued, any excess moneys accruing from the     587          

fees shall be distributed in the same manner as provided by        588          

section 4501.04 of the Revised Code for the distribution of        589          

license tax moneys.  If the total cost of producing the plates     590          

exceeds twenty-five cents per plate, or if the total cost of       591          

producing the stickers exceeds twenty-five cents per sticker or    592          

per set issued, the difference shall be paid from the license tax  594          

moneys collected pursuant to section 4503.02 of the Revised Code.  595          

      (D)  Each deputy registrar shall be allowed a fee of two     597          

dollars and twenty-five cents for each application for             598          

registration and registration renewal notice the deputy registrar  600          

receives, which shall be for the purpose of compensating the       601          

deputy registrar for the deputy registrar's services, and such     602          

office and rental expenses, as may be necessary for the proper     604          

discharge of the deputy registrar's duties in the receiving of     606          

applications and renewal notices and the issuing of licenses.      607          

      (E)  Upon the certification of the registrar, the county     609          

sheriff or local police officials shall recover license plates     610          

erroneously or fraudulently issued.                                611          

      (F)  Each deputy registrar, upon receipt of any application  613          

                                                          16     

                                                                 
for registration or registration renewal notice, together with     614          

the license fee and any or local motor vehicle license tax levied  617          

pursuant to Chapter 4504. of the Revised Code, shall transmit      618          

that fee and tax, if any, in the manner provided in this section,  619          

together with the original and duplicate copy of the application,  620          

to the registrar.  The registrar, subject to the approval of the   621          

director of public safety, may deposit the funds collected by      622          

those deputies in a local bank or depository to the credit of the  623          

"state of Ohio, bureau of motor vehicles."  Where a local bank or  624          

depository has been designated by the registrar, each deputy       625          

registrar shall deposit all moneys collected by the deputy         626          

registrar into that bank or depository not more than one business  627          

day after their collection and shall make reports to the           629          

registrar of the amounts so deposited, together with any other     630          

information, some of which may be prescribed by the treasurer of   631          

state, as the registrar may require and as prescribed by the       632          

registrar by rule.  The registrar, within three days after         633          

receipt of notification of the deposit of funds by a deputy        634          

registrar in a local bank or depository, shall draw on that                     

account in favor of the treasurer of state.  The registrar,        636          

subject to the approval of the director and the treasurer of       637          

state, may make reasonable rules necessary for the prompt          638          

transmittal of fees and for safeguarding the interests of the      639          

state and of counties, townships, municipal corporations, and      640          

transportation improvement districts levying local motor vehicle   641          

license taxes.  The registrar may pay service charges usually      645          

collected by banks and depositories for such service.  If deputy   646          

registrars are located in communities where banking facilities     648          

are not available, they shall transmit the fees forthwith, by      649          

money order or otherwise, as the registrar, by rule approved by    650          

the director and the treasurer of state, may prescribe.  The       651          

registrar may pay the usual and customary fees for such service.   652          

      (G)  This section does not prevent any person from making    654          

an application for a motor vehicle license directly to the         655          

                                                          17     

                                                                 
registrar upon payment of a two dollars and twenty-five cents      656          

service fee for each application.                                  657          

      (H)  No person shall make a false statement as to the        659          

district of registration in an application required by division    660          

(A) of this section.  Violation of this division is falsification  661          

under section 2921.13 of the Revised Code and punishable as        662          

specified in that section.                                         663          

      (I)(1)  Where applicable, the requirements of division (B)   665          

of this section relating to the presentation of an inspection      666          

certificate issued under section 3704.14 of the Revised Code and   667          

rules adopted under it for a motor vehicle, the refusal of a       668          

license for failure to present an inspection certificate, and the  669          

stamping of the inspection certificate by the official issuing     670          

the certificate of registration apply to the registration of and   671          

issuance of license plates for a motor vehicle under sections      672          

4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,  673          

4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,     674          

4503.47, and 4503.51 of the Revised Code.                          675          

      (2)(a)  The registrar shall adopt rules ensuring that each   677          

owner registering a motor vehicle in a county where a motor        678          

vehicle inspection and maintenance program is in effect under      679          

section 3704.14 of the Revised Code and rules adopted under it     680          

receives information about the requirements established in that    681          

section and those rules and about the need in those counties to    682          

present an inspection certificate with an application for          683          

registration or preregistration.                                   684          

      (b)  Upon request, the registrar shall provide the director  686          

of environmental protection, or any person that has been awarded   687          

a contract under division (D) of section 3704.14 of the Revised    688          

Code, an on-line computer data link to registration information    689          

for all passenger cars, noncommercial motor vehicles, and          690          

commercial cars that are subject to that section.  The registrar   691          

also shall provide to the director of environmental protection a   692          

magnetic data tape containing registration information regarding   693          

                                                          18     

                                                                 
passenger cars, noncommercial motor vehicles, and commercial cars  694          

for which a multi-year registration is in effect under section     695          

4503.103 of the Revised Code or rules adopted under it,            696          

including, without limitation, the date of issuance of the         697          

multi-year registration, the registration deadline established     698          

under rules adopted under section 4503.101 of the Revised Code     699          

that was applicable in the year in which the multi-year            700          

registration was issued, and the registration deadline for         701          

renewal of the multi-year registration.                            702          

      (J)  Application for registration under the international    704          

registration plan, as set forth in sections 4503.60 to 4503.66 of  705          

the Revised Code, shall be made to the registrar on forms          706          

furnished by the registrar.  In accordance with international      707          

registration plan guidelines and pursuant to rules adopted by the  708          

registrar, the forms shall include the following:                  709          

      (1)  A uniform mileage schedule;                             711          

      (2)  The gross vehicle weight of the vehicle or combined     713          

gross vehicle weight of the combination vehicle as declared by     714          

the registrant;                                                    715          

      (3)  Any other information the registrar requires by rule.   718          

      Sec. 4505.06.  (A)  Application for a certificate of title   727          

shall be made upon a form prescribed by the registrar of motor     728          

vehicles, and shall be sworn to before a notary public or other    729          

officer empowered to administer oaths.  The application shall be   730          

filed with the clerk of the court of common pleas of the county    731          

in which the applicant resides if the applicant is a resident of   732          

this state or, if not a resident, in the county in which the       733          

transaction is consummated.  The application shall be accompanied  734          

by the fee prescribed in section 4505.09 of the Revised Code; and  735          

if a certificate of title previously has been issued for the       736          

motor vehicle in this state, it shall be accompanied by that       737          

certificate of title duly assigned, unless otherwise provided in   738          

this chapter.  If a certificate of title previously has not been   739          

issued for the motor vehicle in this state, the application,       740          

                                                          19     

                                                                 
unless otherwise provided in this chapter, shall be accompanied    741          

by a manufacturer's or importer's certificate or by a certificate  742          

of title, bill of sale, or other evidence of ownership required    745          

by the law of another state from which the motor vehicle was       746          

brought into this state.  If the application refers to a motor     747          

vehicle last previously registered in another state, the           748          

application also shall be accompanied by the physical inspection   749          

certificate required by section 4505.061 of the Revised Code.  If  750          

the application is made by two persons regarding a motor vehicle   751          

in which they wish to establish joint ownership with right of      752          

survivorship they may do so as provided in section 2106.17 of the  753          

Revised Code.  The clerk shall retain the evidence of title        754          

presented by the applicant and on which the certificate of title   755          

is issued.  The clerk shall use reasonable diligence in            756          

ascertaining whether or not the facts in the application are true  757          

by checking the application and documents accompanying it with     758          

the records of motor vehicles in the clerk's office; if satisfied  759          

that the applicant is the owner of the motor vehicle and that the  760          

application is in the proper form, the clerk, within five          761          

business days after the application is filed, shall issue a                     

certificate of title over the clerk's signature and sealed with    763          

the clerk's seal.  For purposes of the transfer of a certificate                

of title, if the clerk is satisfied that the secured party has     764          

duly discharged a lien notation, but has not canceled the lien     765          

notation with the clerk of the county of origin, the clerk may     766          

cancel the lien notation on the automated title processing system  767          

and notify the clerk of the county of origin.                      768          

      In the case of the sale of a motor vehicle by a dealer or a  770          

manufactured home broker to a general buyer or user, the           771          

certificate of title shall be obtained in the name of the buyer    772          

by the dealer or the manufactured home broker upon application     773          

signed by the buyer, and shall be issued within five business      774          

days after the application for title is filed with the clerk.      775          

      In all other cases, except as provided in division (D)(2)    777          

                                                          20     

                                                                 
of section 4505.11 of the Revised Code, such certificates shall    778          

be obtained by the buyer.  In all cases of transfer of a motor     780          

vehicle, the application for certificate of title shall be filed   781          

within thirty days after the assignment or delivery of the motor   782          

vehicle.  If an application for a certificate of title is not      783          

filed within that period, the clerk shall collect a fee of five    784          

dollars for the issuance of the certificate, except that no such   785          

fee shall be required from a motor vehicle salvage dealer, as      786          

defined in division (A) of section 4738.01 of the Revised Code,    787          

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      788          

established by this chapter, and shall be retained by the clerk.   789          

The registrar shall provide, on the certificate of title form      790          

prescribed by section 4505.07 of the Revised Code, language        791          

necessary to give evidence of the date on which the assignment or  792          

delivery of the motor vehicle was made.                            793          

      (B)  The clerk, except as provided in this section, shall    795          

refuse to accept for filing any application for a certificate of   796          

title and shall refuse to issue a certificate of title unless the  797          

dealer or manufactured home broker or the applicant, in cases in   798          

which the certificate shall be obtained by the buyer, submits      799          

with the application payment of the tax levied by or pursuant to   800          

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     801          

the tax in accordance with division (E) of this section, the       802          

clerk shall issue a receipt prescribed by the registrar and        803          

agreed upon by the tax commissioner showing payment of the tax or  804          

a receipt issued by the commissioner showing the payment of the    805          

tax.  When submitting payment of the tax to the clerk, a dealer    806          

shall retain any discount to which the dealer is entitled under    807          

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   809          

the clerk may retain a poundage fee of one and one one-hundredth   810          

per cent, which shall be paid into the certificate of title        811          

administration fund created by section 325.33 of the Revised       813          

                                                          21     

                                                                 
Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    815          

in section 4517.01 of the Revised Code, the price for the purpose  817          

of determining the tax shall be the purchase price on the          818          

assigned certificate of title executed by the seller and filed     819          

with the clerk by the buyer on a form to be prescribed by the      820          

registrar, which shall be prima-facie evidence of the amount for   821          

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    823          

title that the odometer reflects mileage in excess of the          824          

designed mechanical limit of the odometer, the clerk shall enter   825          

the phrase "exceeds mechanical limits" following the mileage       826          

designation.  If the transferor indicates on the certificate of    827          

title that the odometer reading is not the actual mileage, the     828          

clerk shall enter the phrase "nonactual: warning - odometer        830          

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    832          

the transferor, but is not liable for any errors or omissions of   833          

the clerk or those of the clerk's deputies in the performance of   834          

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      836          

transferor shall swear to the true selling price and, except as    837          

provided in this division, the true odometer reading of the motor  838          

vehicle.  The registrar may prescribe an affidavit in which the    839          

seller and buyer provide information pertaining to the odometer    840          

reading of the motor vehicle in addition to that required by this  841          

section, as such information may be required by the United States  842          

secretary of transportation by rule prescribed under authority of  843          

subchapter IV of the "Motor Vehicle Information and Cost Savings   844          

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         845          

      (2)  Division (C)(1) of this section does not require the    848          

giving of information concerning the odometer and odometer         849          

reading of a motor vehicle when ownership of a motor vehicle is    850          

being transferred as a result of a bequest, under the laws of      851          

                                                          22     

                                                                 
intestate succession, to a surviving spouse pursuant to section    852          

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            853          

connection with the creation of a security interest.               854          

      (D)  When the transfer to the applicant was made in some     856          

other state or in interstate commerce, the clerk, except as        857          

provided in this section, shall refuse to issue any certificate    858          

of title unless the tax imposed by or pursuant to Chapter 5741.    860          

of the Revised Code has been paid as evidenced by a receipt        861          

issued by the tax commissioner, or unless the applicant submits    862          

with the application payment of the tax.  Upon payment of the tax  863          

in accordance with division (E) of this section, the clerk shall   864          

issue a receipt prescribed by the registrar and agreed upon by     866          

the tax commissioner, showing payment of the tax.  For receiving   867          

and disbursing such taxes paid to the clerk, the clerk may retain  868          

a poundage fee of one per cent.  When the vendor is not regularly  869          

engaged in the business of selling motor vehicles, the vendor      871          

shall not be required to purchase a vendor's license or make       872          

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    874          

or by certified check, draft, or money order payable to the clerk  875          

and submitted with an application for a certificate of title       877          

under division (B) or (D) of this section.  The clerk also may     878          

accept payment of the tax by corporate, business, or personal      879          

check, credit card, electronic transfer or wire transfer, debit    880          

card, or any other accepted form of payment made payable to the    881          

clerk.  The clerk may require bonds, guarantees, or letters of     882          

credit to ensure the collection of corporate, business, or         883          

personal checks.  Any service fee charged by a third party to a    884          

clerk for the use of any form of payment may be paid by the clerk  885          

from the certificate of title administration fund created in       886          

section 325.33 of the Revised Code, or may be assessed by the      887          

clerk upon the applicant as an additional fee.  Upon collection,   888          

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          889          

                                                          23     

                                                                 
      The clerk shall make a good faith effort to collect any      891          

payment of taxes due but not made because the payment was          892          

returned or dishonored, but the clerk is not personally liable     893          

for the payment of uncollected taxes or uncollected fees.  The     894          

clerk shall notify the tax commissioner of any such payment of     895          

taxes that is due but not made and shall furnish such information  896          

to the commissioner as the commissioner requires.  The clerk       897          

shall deduct the amount of taxes due but not paid from the         898          

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  899          

may collect taxes due by assessment in the manner provided in      900          

section 5739.13 of the Revised Code.                                            

      Any person who presents payment that is returned or          902          

dishonored for any reason is liable to the clerk for payment of a  903          

penalty over and above the amount of the taxes due.  The clerk     904          

shall determine the amount of the penalty, which shall be no       905          

greater than that amount necessary to compensate the clerk for     906          

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       907          

remedies and procedures provided in this section are in addition   908          

to any other available civil or criminal remedies.  Subsequently   909          

collected penalties, poundage, and title fees, less any title fee  911          

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              912          

administration fund.  Subsequently collected taxes, less           913          

poundage, shall be sent by the clerk to the treasurer of state at  914          

the next scheduled periodic remittance of tax payments, with such  915          

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       916          

      (F)  In the following cases, the clerk shall accept for      918          

filing such application and shall issue a certificate of title     919          

without requiring payment or evidence of payment of the tax:       920          

      (1)  When the purchaser is this state or any of its          922          

political subdivisions, a church, or an organization whose         923          

                                                          24     

                                                                 
purchases are exempted by section 5739.02 of the Revised Code;     924          

      (2)  When the transaction in this state is not a retail      926          

sale as defined by section 5739.01 of the Revised Code;            927          

      (3)  When the purchase is outside this state or in           929          

interstate commerce and the purpose of the purchaser is not to     930          

use, store, or consume within the meaning of section 5741.01 of    931          

the Revised Code;                                                  932          

      (4)  When the purchaser is the federal government;           934          

      (5)  When the motor vehicle was purchased outside this       936          

state for use outside this state;                                  937          

      (6)  When the motor vehicle is purchased by a nonresident    939          

of this state for immediate removal from this state, and will be   940          

permanently titled and registered in another state, as provided    941          

by division (B)(23) of section 5739.02 of the Revised Code, and    942          

upon presentation of a copy of the affidavit provided by that      943          

section, and a copy of the exemption certificate provided by       944          

section 5739.03 of the Revised Code.                               945          

      The clerk shall forward all payments of taxes, less          947          

poundage fee, to the treasurer of state in a manner to be          948          

prescribed by the tax commissioner and shall furnish such          949          

information to the commissioner as the commissioner requires.      950          

      (G)  An application, as prescribed by the registrar and      953          

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          954          

application shall contain the following notice in bold lettering:  955          

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     956          

are required by law to state the true selling price.  A false      957          

statement is in violation of section 2921.13 of the Revised Code   959          

and is punishable by six months imprisonment or a fine of up to    960          

one thousand dollars, or both.  All transfers are audited by the   961          

department of taxation.  The seller and buyer must provide any     962          

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               963          

      Sec. 4505.09.  (A)  The clerk of the court of common pleas   973          

                                                          25     

                                                                 
shall charge a fee of five dollars for each certificate of title   974          

that is not applied for within thirty days after the assignment    975          

or delivery of the motor vehicle described therein.  The fees      976          

shall be retained by the clerk.                                    977          

      In addition to those fees, the clerk shall charge a fee of   979          

five dollars for each certificate of title, duplicate certificate  981          

of title, memorandum certificate of title, and notation of any     982          

lien on a certificate of title.  The clerk shall retain two        983          

dollars and twenty-five cents of the fee charged for each          984          

certificate of title, four dollars and seventy-five cents of the   985          

fee charged for each duplicate certificate of title, all of the    986          

fees charged for each memorandum certificate, and four dollars     987          

and twenty-five cents of the fee charged for each notation of a    988          

lien.                                                                           

      The remaining two dollars and seventy-five cents charged     990          

for the certificate of title, the remaining twenty-five cents      991          

charged for the duplicate certificate of title, and the remaining  993          

seventy-five cents charged for the notation of any lien on a       994          

certificate of title shall be paid to the registrar of motor                    

vehicles by monthly returns, which shall be forwarded to the       995          

registrar not later than the fifth day of the month next           996          

succeeding that in which the certificate is issued or that in      997          

which the registrar is notified of a lien or cancellation          998          

thereof.                                                           999          

      (B)(1)  The registrar shall pay twenty-five cents of the     1,001        

amount received for each certificate of title and all of the       1,002        

amounts received for each notation of any lien and each duplicate  1,003        

certificate of title into the state bureau of motor vehicles fund  1,005        

established in section 4501.25 of the Revised Code.                             

      (2)  Fifty cents of the amount received for each             1,007        

certificate of title shall be paid by the registrar as follows:    1,008        

      (a)  Four cents shall be paid into the state treasury to     1,010        

the credit of the motor vehicle dealers board fund, which is       1,011        

hereby created.  All investment earnings of the fund shall be      1,012        

                                                          26     

                                                                 
credited to the fund.  The moneys in the motor vehicle dealers     1,013        

board fund shall be used by the motor vehicle dealers board        1,014        

created under section 4517.30 of the Revised Code, together with   1,016        

other moneys appropriated to it, in the exercise of its powers     1,017        

and the performance of its duties under Chapter 4517. of the       1,018        

Revised Code, except that the director of budget and management    1,019        

may transfer excess money from the motor vehicle dealers board     1,020        

fund to the bureau of motor vehicles fund if the registrar         1,021        

determines that the amount of money in the motor vehicle dealers                

board fund, together with other moneys appropriated to the board,  1,023        

exceeds the amount required for the exercise of its powers and     1,024        

the performance of its duties under Chapter 4517. of the Revised   1,025        

Code and requests the director to make the transfer.               1,026        

      (b)  Twenty-one cents shall be paid into the general         1,028        

revenue fund;                                                      1,029        

      (c)  Twenty-five cents shall be paid into the state          1,031        

treasury to the credit of the motor vehicle sales audit fund,      1,032        

which is hereby created.  The moneys in the fund shall be used by  1,033        

the tax commissioner together with other funds available to the    1,035        

commissioner to conduct a continuing investigation of sales and    1,036        

use tax returns filed for motor vehicles in order to determine if  1,037        

sales and use tax liability has been satisfied.  The commissioner  1,038        

shall refer cases of apparent violations of section 2921.13 of     1,039        

the Revised Code made in connection with the titling or sale of a  1,040        

motor vehicle and cases of any other apparent violations of the    1,041        

sales or use tax law to the appropriate county prosecutor          1,042        

whenever the commissioner considers it advisable.                  1,043        

      (3)  Two dollars of the amount received by the registrar     1,045        

for each certificate of title shall be paid into the state         1,046        

treasury to the credit of the automated title processing fund,     1,047        

which is hereby created and which shall consist of moneys          1,048        

collected under division (B)(3) of this section and under section  1,049        

SECTIONS 1548.10 AND 4519.59 of the Revised Code.  All investment  1,050        

earnings of the fund shall be credited to the fund.  The moneys    1,052        

                                                          27     

                                                                 
in the fund shall be used as follows:                                           

      (a)  Moneys EXCEPT FOR MONEYS COLLECTED UNDER SECTION        1,054        

1548.10 OF THE REVISED CODE, MONEYS collected under this division  1,055        

(B)(3) OF THIS SECTION shall be used to implement and maintain an  1,057        

automated title processing system for the issuance of motor        1,058        

vehicle, OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE           1,059        

certificates of title in the offices of the clerks of the courts   1,060        

of common pleas;                                                                

      (b)  Moneys collected under section 1548.10 of the Revised   1,062        

Code shall be used to issue marine certificates of title in the    1,063        

offices of the clerks of the courts of common pleas as provided    1,064        

in Chapter 1548. of the Revised Code.                              1,065        

      (C)(1)  The automated title processing board is hereby       1,067        

created consisting of the registrar or the registrar's             1,068        

representative, a person selected by the registrar, the president  1,070        

of the Ohio clerks of court association or the president's         1,071        

representative, and two clerks of courts of common pleas           1,073        

appointed by the governor.  The director of budget and management  1,074        

or the director's designee, the chief of the division of           1,076        

watercraft in the department of natural resources or the chief's   1,077        

designee, and the tax commissioner or the commissioner's designee  1,078        

shall be nonvoting members of the board.                           1,079        

      (2)  The automated title processing board shall determine    1,081        

each of the following:                                             1,082        

      (a)  The automated title processing equipment and            1,084        

certificates of title requirements for each county;                1,085        

      (b)  The payment of expenses that may be incurred by the     1,087        

counties in implementing an automated title processing system;     1,088        

      (c)  The repayment to the counties for existing title        1,090        

processing equipment.                                              1,091        

      (3)  The registrar shall purchase, lease, or otherwise       1,093        

acquire any automated title processing equipment and certificates  1,094        

of title that the board determines are necessary from moneys in    1,095        

the automated title processing fund established by division        1,096        

                                                          28     

                                                                 
(B)(3) of this section.  Each county issuing more than one         1,097        

hundred thousand certificates of title annually, with the          1,098        

approval of the registrar and in accordance with the registrar's   1,099        

requirements, may purchase and maintain an automated title         1,100        

processing system for the issuance of motor vehicle titles,        1,101        

CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE  1,102        

VEHICLES, and certificates of title for watercraft and outboard    1,104        

motors with the cost of the system paid for from the automated     1,105        

processing title fund.                                                          

      (D)  All counties shall conform to the requirements of the   1,107        

registrar regarding the operation of their automated title         1,108        

processing system for motor vehicle titles, CERTIFICATES OF TITLE  1,109        

FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and          1,110        

certificates of title for watercraft and outboard motors.          1,112        

      Sec. 4511.85.  (A)  The operator of a chauffeured limousine  1,121        

shall accept passengers only on the basis of prearranged           1,122        

contracts, as defined in division (GG)(LL) of section 4501.01 of   1,124        

the Revised Code, and shall not cruise in search of patronage      1,125        

unless the limousine is in compliance with any statute or          1,126        

ordinance governing the operation of taxicabs or other similar     1,127        

vehicles for hire.                                                 1,128        

      (B)  No person shall advertise or hold himself SELF out as   1,130        

doing business as a limousine service or livery service or other   1,131        

similar designation unless each vehicle used by him THE PERSON to  1,133        

provide the service is registered in accordance with section       1,134        

4503.24 of the Revised Code and is in compliance with section      1,135        

4509.80 of the Revised Code.                                       1,136        

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     1,145        

the Revised Code:                                                  1,146        

      (A)  "Persons" includes individuals, firms, partnerships,    1,148        

associations, joint stock companies, corporations, and any         1,149        

combinations of individuals.                                       1,150        

      (B)  "Motor vehicle" means motor vehicle as defined in       1,152        

section 4501.01 of the Revised Code AND ALSO INCLUDES              1,153        

                                                          29     

                                                                 
"ALL-PURPOSE VEHICLE" AND "OFF-HIGHWAY MOTORCYCLE" AS THOSE TERMS  1,154        

ARE DEFINED IN SECTION 4519.01 OF THE REVISED CODE.                1,155        

      (C)  "New motor vehicle" means a motor vehicle, the legal    1,157        

title to which has never been transferred by a manufacturer,       1,158        

remanufacturer, distributor, or dealer to an ultimate purchaser.   1,159        

      (D)  "Ultimate purchaser" means, with respect to any new     1,161        

motor vehicle, the first person, other than a dealer purchasing    1,162        

in the capacity of a dealer, who in good faith purchases such new  1,164        

motor vehicle for purposes other than resale.                      1,165        

      (E)  "Business" includes any activities engaged in by any    1,167        

person for the object of gain, benefit, or advantage either        1,168        

direct or indirect.                                                1,169        

      (F)  "Engaging in business" means commencing, conducting,    1,171        

or continuing in business, or liquidating a business when the      1,172        

liquidator thereof holds self out to be conducting such business;  1,175        

making a casual sale or otherwise making transfers in the          1,176        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     1,177        

the transferor's assets is not engaging in business.               1,178        

      (G)  "Retail sale" or "sale at retail" means the act or      1,180        

attempted act of selling, bartering, exchanging, or otherwise      1,181        

disposing of a motor vehicle to an ultimate purchaser for use as   1,182        

a consumer.                                                        1,183        

      (H)  "Retail installment contract" includes any contract in  1,185        

the form of a note, chattel mortgage, conditional sales contract,  1,186        

lease, agreement, or other instrument payable in one or more       1,187        

installments over a period of time and arising out of the retail   1,188        

sale of a motor vehicle.                                           1,189        

      (I)  "Farm machinery" means all machines and tools used in   1,191        

the production, harvesting, and care of farm products.             1,192        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  1,194        

vehicle dealer, any motor vehicle leasing dealer, and any used     1,195        

motor vehicle dealer.                                              1,196        

      (K)  "New motor vehicle dealer" means any person engaged in  1,198        

                                                          30     

                                                                 
the business of selling at retail, displaying, offering for sale,  1,199        

or dealing in new motor vehicles pursuant to a contract or         1,200        

agreement entered into with the manufacturer, remanufacturer, or   1,201        

distributor of the motor vehicles.                                 1,202        

      (L)  "Used motor vehicle dealer" means any person engaged    1,204        

in the business of selling, displaying, offering for sale, or      1,205        

dealing in used motor vehicles, at retail or wholesale, but does   1,206        

not mean any new motor vehicle dealer selling, displaying,         1,207        

offering for sale, or dealing in used motor vehicles incidentally  1,208        

to engaging in the business of selling, displaying, offering for   1,209        

sale, or dealing in new motor vehicles, any person engaged in the  1,210        

business of dismantling, salvaging, or rebuilding motor vehicles   1,211        

by means of using used parts, or any public officer performing     1,212        

official duties.                                                   1,213        

      (M)  "Motor vehicle leasing dealer" means any person         1,215        

engaged in the business of regularly making available, offering    1,216        

to make available, or arranging for another person to use a motor  1,217        

vehicle pursuant to a bailment, lease, or other contractual        1,218        

arrangement under which a charge is made for its use at a          1,219        

periodic rate for a term of thirty days or more, and title to the  1,220        

motor vehicle is in a person other than the user, but does not     1,221        

mean a manufacturer or its affiliate leasing to its employees or   1,222        

to dealers.                                                        1,223        

      (N)  "Salesperson" means any person employed by a dealer or  1,225        

manufactured home broker to sell, display, and offer for sale, or  1,226        

deal in motor vehicles for a commission, compensation, or other    1,228        

valuable consideration, but does not mean any public officer       1,229        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  1,231        

a person other than a new motor vehicle dealer, used motor         1,232        

vehicle dealer, motor vehicle salvage dealer, as defined in        1,233        

division (A) of section 4738.01 of the Revised Code, salesperson,  1,234        

motor vehicle auction owner, manufacturer, or distributor acting   1,235        

in the capacity of a dealer, salesperson, auction owner,           1,236        

                                                          31     

                                                                 
manufacturer, or distributor, to a person who purchases the motor  1,237        

vehicle for use as a consumer.                                     1,238        

      (P)  "Motor vehicle show" means a display of current models  1,240        

of motor vehicles whereby the primary purpose is the exhibition    1,241        

of competitive makes and models in order to provide the general    1,242        

public the opportunity to review and inspect various makes and     1,243        

models of motor vehicles at a single location.                     1,244        

      (Q)  "Motor vehicle auction owner" means any person who is   1,246        

engaged wholly or in part in the business of auctioning motor      1,247        

vehicles.                                                          1,248        

      (R)  "Manufacturer" means a person who manufactures,         1,250        

assembles, or imports motor vehicles, including motor homes, but   1,251        

does not mean a person who only assembles or installs a body,      1,252        

special equipment unit, finishing trim, or accessories on a motor  1,253        

vehicle chassis supplied by a manufacturer or distributor.         1,254        

      (S)  "Tent-type fold out camping trailer" means any vehicle  1,256        

intended to be used, when stationary, as a temporary shelter with  1,257        

living and sleeping facilities, and which is subject to the        1,258        

following properties and limitations:                              1,259        

      (1)  A minimum of twenty-five per cent of the fold out       1,261        

portion of the top and sidewalls combined must be constructed of   1,262        

canvas, vinyl, or other fabric, and form an integral part of the   1,263        

shelter.                                                           1,264        

      (2)  When folded, the unit must not exceed:                  1,266        

      (a)  Fifteen feet in length, exclusive of bumper and         1,268        

tongue;                                                            1,269        

      (b)  Sixty inches in height from the point of contact with   1,271        

the ground;                                                        1,272        

      (c)  Eight feet in width;                                    1,274        

      (d)  One ton gross weight at time of sale.                   1,276        

      (T)  "Distributor" means any person authorized by a motor    1,278        

vehicle manufacturer to distribute new motor vehicles to licensed  1,279        

new motor vehicle dealers, but does not mean a person who only     1,280        

assembles or installs a body, special equipment unit, finishing    1,281        

                                                          32     

                                                                 
trim, or accessories on a motor vehicle chassis supplied by a      1,282        

manufacturer or distributor.                                       1,283        

      (U)  "Flea market" means a market place, other than a        1,285        

dealer's location licensed under this chapter, where a space or    1,286        

location is provided for a fee or compensation to a seller to      1,287        

exhibit and offer for sale or trade, motor vehicles to the         1,288        

general public.                                                    1,289        

      (V)  "Franchise" means any written agreement, contract, or   1,291        

understanding between any motor vehicle manufacturer or            1,292        

remanufacturer engaged in commerce and any motor vehicle dealer,   1,293        

which purports to fix the legal rights and liabilities of the      1,294        

parties to such agreement, contract, or understanding.             1,295        

      (W)  "Franchisee" means a person who receives new motor      1,297        

vehicles from the franchisor under a franchise agreement and who   1,298        

offers, sells, and provides service for such new motor vehicles    1,299        

to the general public.                                             1,300        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    1,302        

remanufacturer, or distributor who supplies new motor vehicles     1,303        

under a franchise agreement to a franchisee.                       1,304        

      (Y)  "Dealer organization" means a state or local trade      1,306        

association the membership of which is comprised predominantly of  1,307        

new motor vehicle dealers.                                         1,308        

      (Z)  "Factory representative" means a representative         1,310        

employed by a manufacturer, remanufacturer, or by a factory        1,311        

branch primarily for the purpose of promoting the sale of its      1,312        

motor vehicles, parts, or accessories to dealers or for            1,313        

supervising or contacting its dealers or prospective dealers.      1,314        

      (AA)  "Administrative or executive management" means those   1,316        

individuals who are not subject to federal wage and hour laws.     1,317        

      (BB)  "Good faith" means honesty in the conduct or           1,319        

transaction concerned and the observance of reasonable commercial  1,320        

standards of fair dealing in the trade as is defined in division   1,321        

(S) of section 1301.01 of the Revised Code, including, but not     1,322        

limited to, the duty to act in a fair and equitable manner so as   1,323        

                                                          33     

                                                                 
to guarantee freedom from coercion, intimidation, or threats of    1,324        

coercion or intimidation; provided however, that recommendation,   1,325        

endorsement, exposition, persuasion, urging, or argument shall     1,326        

not be considered to constitute a lack of good faith.              1,327        

      (CC)  "Coerce" means to compel or attempt to compel by       1,329        

failing to act in good faith or by threat of economic harm,        1,330        

breach of contract, or other adverse consequences.  Coerce does    1,331        

not mean to argue, urge, recommend, or persuade.                   1,332        

      (DD)  "Relevant market area" means any area within a radius  1,334        

of ten miles from the site of a potential new dealership, except   1,335        

that for manufactured home or recreational vehicle dealerships     1,336        

the radius shall be twenty-five miles.                             1,337        

      (EE)  "Wholesale" or "at wholesale" means the act or         1,339        

attempted act of selling, bartering, exchanging, or otherwise      1,340        

disposing of a motor vehicle to a transferee for the purpose of    1,341        

resale and not for ultimate consumption by that transferee.        1,342        

      (FF)  "Motor vehicle wholesaler" means any person licensed   1,344        

as a dealer under the laws of another state and engaged in the     1,346        

business of selling, displaying, or offering for sale used motor   1,347        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 1,348        

      (GG)  "Remanufacturer" means a person who assembles or       1,350        

installs passenger seating, walls, a roof elevation, or a body     1,351        

extension on a conversion van with the motor vehicle chassis       1,352        

supplied by a manufacturer or distributor, a person who modifies   1,354        

a truck chassis supplied by a manufacturer or distributor for use  1,355        

as a public safety or public service vehicle, or a person who      1,356        

modifies a motor vehicle chassis supplied by a manufacturer or     1,357        

distributor for use as a limousine or hearse, but does not mean    1,358        

either of the following:                                                        

      (1)  A person who assembles or installs passenger seating,   1,360        

walls, a roof elevation, or a body extension on a manufactured     1,361        

home as defined in division (O) and referred to in division (B)    1,362        

of section 4501.01 of the Revised Code or a recreational vehicle   1,363        

                                                          34     

                                                                 
as defined in division (Q) and referred to in division (B) of      1,364        

section 4501.01 of the Revised Code;                               1,365        

      (2)  A person who assembles or installs special equipment    1,367        

or accessories for handicapped persons, as defined in section      1,368        

4503.44 of the Revised Code, upon a motor vehicle chassis          1,369        

supplied by a manufacturer or distributor.                         1,370        

      For the purposes of division (GG) of this section, "public   1,372        

safety vehicle or public service vehicle" means a fire truck,      1,373        

ambulance, school bus, street sweeper, garbage packing truck, or   1,374        

cement mixer, or a mobile self-contained facility vehicle.         1,375        

      For the purposes of division (GG) of this section,           1,377        

"limousine" means a motor vehicle, designed only for the purpose   1,378        

of carrying nine or fewer passengers, that a person modifies by    1,379        

cutting the original chassis, lengthening the wheelbase by forty   1,380        

inches or more, and reinforcing the chassis in such a way that     1,382        

all modifications comply with all applicable federal motor                      

vehicle safety standards.  No person shall qualify as or be        1,383        

deemed to be a remanufacturer who produces limousines unless the   1,384        

person has a written agreement with the manufacturer of the        1,385        

chassis the person utilizes to produce the limousines to complete  1,386        

properly the remanufacture of the chassis into limousines.         1,387        

      For the purposes of division (GG) of this section, "hearse"  1,390        

means a motor vehicle, designed only for the purpose of            1,391        

transporting a single casket, that is equipped with a compartment  1,392        

designed specifically to carry a single casket that a person       1,393        

modifies by cutting the original chassis, lengthening the          1,394        

wheelbase by ten inches or more, and reinforcing the chassis in    1,395        

such a way that all modifications comply with all applicable       1,396        

federal motor vehicle safety standards.  No person shall qualify   1,397        

as or be deemed to be a remanufacturer who produces hearses        1,398        

unless the person has a written agreement with the manufacturer    1,399        

of the chassis the person utilizes to produce the hearses to       1,400        

complete properly the remanufacture of the chassis into hearses.   1,401        

      For the purposes of division (GG) of this section, "mobile   1,404        

                                                          35     

                                                                 
self-contained facility vehicle" means a mobile classroom          1,405        

vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,       1,406        

testing laboratory, and mobile display vehicle, each of which is   1,407        

designed for purposes other than for passenger transportation and  1,409        

other than the transportation or displacement of cargo, freight,   1,410        

materials, or merchandise.  A vehicle is remanufactured into a     1,411        

mobile self-contained facility vehicle in part by the addition of  1,412        

insulation to the body shell, and installation of all of the       1,413        

following:  a generator, electrical wiring, plumbing, holding      1,414        

tanks, doors, windows, cabinets, shelving, and heating,                         

ventilating, and air conditioning systems.                         1,415        

      (HH)  "Operating as a new motor vehicle dealership" means    1,417        

engaging in activities such as displaying, offering for sale, and  1,418        

selling new motor vehicles at retail, operating a service          1,419        

facility to perform repairs and maintenance on motor vehicles,     1,420        

offering for sale and selling motor vehicle parts at retail, and   1,421        

conducting all other acts that are usual and customary to the      1,422        

operation of a new motor vehicle dealership.  For the purposes of  1,423        

this chapter only, possession of either a valid new motor vehicle  1,424        

dealer franchise agreement or a new motor vehicle dealers          1,425        

license, or both of these items, is not evidence that a person is  1,426        

operating as a new motor vehicle dealership.                       1,427        

      (II)  "Manufactured home broker" means any person acting as  1,429        

a selling agent on behalf of an owner of a manufactured home that  1,430        

is subject to taxation under section 4503.06 of the Revised Code.  1,431        

      Sec. 4519.01.  As used in Chapter 4519. of the Revised Code  1,441        

THIS CHAPTER:                                                                   

      (A)  "Snowmobile" means any self-propelled vehicle designed  1,443        

primarily for use on snow or ice, and steered by skis, runners,    1,444        

or caterpillar treads.                                             1,445        

      (B)  "All-purpose vehicle" means any self-propelled vehicle  1,447        

designed primarily for cross-country travel on land and water, or  1,448        

on more than one type of terrain, and steered by wheels or         1,449        

caterpillar trends TREADS, or any combination thereof, including   1,450        

                                                          36     

                                                                 
vehicles that operate on a cushion of air, vehicles commonly       1,451        

known as all-terrain vehicles, all season vehicles, mini-bikes,    1,452        

and trail bikes, but excluding any self-propelled vehicle not      1,453        

principally used for purposes of personal transportation, any      1,454        

vehicle principally used in playing golf, any motor vehicle or     1,455        

aircraft required to be registered under Chapter 4503. or 4561.    1,456        

of the Revised Code, and any vehicle excepted from definition as   1,457        

a motor vehicle by division (B) of section 4501.01 of the Revised  1,458        

Code.                                                              1,459        

      (C)  "Owner" means any person, firm, or corporation, other   1,461        

than a lienholder or dealer, having title to a snowmobile,         1,462        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to  1,464        

the possession thereof.                                                         

      (D)  "Operator" means any person who operates or is in       1,466        

actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,467        

or all-purpose vehicle.                                            1,469        

      (E)  "Dealer" means any person, firm, or corporation         1,471        

engaged in the business of manufacturing or selling snowmobiles,   1,472        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or   1,474        

retail, or who rents, leases, or otherwise furnishes snowmobiles,  1,475        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire.         1,477        

      (F)  "Street or highway" has the same meaning as given that  1,479        

term in division (BB) of section 4511.01 of the Revised Code.      1,480        

      (G)  "Limited access highway" and "freeway" have the same    1,482        

meaning as given those terms in section 5511.02 of the Revised     1,483        

Code.                                                              1,484        

      (H)  "Interstate highway" means any part of the interstate   1,486        

system of highways as defined in subsection (e), 90 Stat. 431      1,487        

(1976), 23 U.S.C.A. 103, and amendments thereof.                   1,488        

      (I)  "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS     1,490        

DEFINED IN SECTION 4511.01 OF THE REVISED CODE, THAT IS DESIGNED   1,491        

TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY.  1,492        

      Sec. 4519.02.  (A)  Except as provided in divisions (B),     1,501        

(C), and (D) of this section, no person shall operate any          1,502        

                                                          37     

                                                                 
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within  1,504        

this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or       1,505        

all-purpose vehicle is registered and numbered in accordance with  1,507        

sections 4519.03 and 4519.04 of the Revised Code.                               

      (B)  No registration is required for a snowmobile,           1,509        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated    1,510        

exclusively upon lands owned by the owner of the snowmobile,       1,512        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to     1,514        

which the owner has a contractual right.                                        

      (C)  No registration is required for a snowmobile,           1,516        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   1,517        

this state by a resident of another state whenever that state has  1,519        

in effect a registration law similar to Chapter 4519. of the       1,520        

Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY          1,522        

MOTORCYCLE, or all-purpose vehicle is properly registered          1,523        

thereunder.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all        1,525        

purpose vehicle owned and used in this state by a resident of      1,526        

another state not having such a registration requirement shall     1,527        

comply with section 4519.09 of the Revised Code.                   1,528        

      (D)  No registration is required for a snowmobile,           1,530        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   1,531        

this state by the United States, another state, or a political     1,533        

subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,534        

or all-purpose vehicle shall display the name of the owner         1,537        

thereon.                                                                        

      (E)  The owner or operator of any all-purpose vehicle        1,539        

operated or used upon the waters in this state shall also comply   1,540        

with Chapters 1547. and 1548. of the Revised Code relative to the  1,541        

operation of watercraft.                                           1,542        

      Sec. 4519.03.  (A)  The owner of every snowmobile,           1,551        

OFF-HIGHWAY MOTORCYCLE, and all-purpose vehicle required to be     1,554        

registered under section 4519.02 of the Revised Code shall file    1,556        

an application for registration with the registrar of motor        1,557        

vehicles or a deputy registrar, on blanks furnished by the         1,558        

                                                          38     

                                                                 
registrar for that purpose and containing ALL OF the following     1,559        

information:                                                                    

      (A)(1)  A brief description of the snowmobile, OFF-HIGHWAY   1,562        

MOTORCYCLE, or all-purpose vehicle, including the name of the      1,565        

manufacturer and, the factory or model number, AND THE VEHICLE     1,567        

IDENTIFICATION NUMBER;                                                          

      (B)(2)  The name, residence, and business address of the     1,569        

owner;                                                             1,570        

      (C)(3)  A statement that the snowmobile, OFF-HIGHWAY         1,572        

MOTORCYCLE, or all-purpose vehicle is equipped as required by      1,575        

section 4519.20 of the Revised Code, and any rule adopted          1,576        

thereunder.  The statement shall include a check list of the       1,577        

required equipment items in such form as the registrar shall       1,578        

prescribe.                                                                      

      The application shall be signed by the owner of the          1,580        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and     1,583        

shall be accompanied by a fee as provided in division (D)(C) of    1,585        

section 4519.04 of the Revised Code.                                            

      If the application is not in proper form, or if the vehicle  1,587        

for which registration is sought does not appear to be equipped    1,588        

as required by section 4519.20 of the Revised Code, and OR any     1,589        

rule adopted thereunder, the registration shall be refused AND NO  1,590        

REGISTRATION STICKER SHALL BE ISSUED.                              1,591        

      (B)  ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, NO   1,593        

CERTIFICATE OF REGISTRATION OR RENEWAL OF SUCH A CERTIFICATE       1,594        

SHALL BE ISSUED FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,595        

VEHICLE REQUIRED TO BE REGISTERED UNDER SECTION 4519.02 OF THE     1,597        

REVISED CODE, AND NO CERTIFICATE OF REGISTRATION ISSUED UNDER      1,598        

THIS CHAPTER FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE  1,599        

THAT IS SOLD OR OTHERWISE TRANSFERRED SHALL BE TRANSFERRED TO THE  1,600        

NEW OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS  1,601        

PERMITTED BY DIVISION (B) OF SECTION 4519.05 OF THE REVISED CODE,  1,604        

UNLESS A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER THIS CHAPTER   1,605        

FOR THE MOTORCYCLE OR VEHICLE, AND THE OWNER OR NEW OWNER, AS THE  1,606        

                                                          39     

                                                                 
CASE MAY BE, PRESENTS THE CERTIFICATE OF TITLE OR A MEMORANDUM     1,607        

CERTIFICATE OF TITLE FOR INSPECTION AT THE TIME THE OWNER OR NEW   1,608        

OWNER FIRST SUBMITS A REGISTRATION APPLICATION, REGISTRATION       1,609        

RENEWAL APPLICATION, OR REGISTRATION TRANSFER APPLICATION FOR THE  1,610        

MOTORCYCLE OR VEHICLE ON OR AFTER THE EFFECTIVE DATE OF THIS       1,611        

AMENDMENT.                                                                      

      (C)  WHEN THE OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR          1,614        

ALL-PURPOSE VEHICLE FIRST REGISTERS IT IN THE OWNER'S NAME, AND A  1,615        

CERTIFICATE OF TITLE HAS BEEN ISSUED FOR THE MOTORCYCLE OR         1,616        

VEHICLE, THE OWNER SHALL PRESENT FOR INSPECTION A CERTIFICATE OF   1,617        

TITLE OR MEMORANDUM CERTIFICATE OF TITLE SHOWING TITLE TO THE      1,618        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE   1,619        

OWNER.  IF, WHEN THE OWNER OF SUCH A MOTORCYCLE OR VEHICLE FIRST   1,620        

MAKES APPLICATION TO REGISTER IT IN THE OWNER'S NAME, THE          1,621        

APPLICATION IS NOT IN PROPER FORM OR IF THE CERTIFICATE OF TITLE   1,622        

OR MEMORANDUM CERTIFICATE OF TITLE DOES NOT ACCOMPANY THE          1,623        

REGISTRATION, THE REGISTRATION SHALL BE REFUSED AND NEITHER A      1,624        

CERTIFICATE OF REGISTRATION NOR A REGISTRATION STICKER SHALL BE    1,625        

ISSUED.  WHEN A CERTIFICATE OF REGISTRATION AND REGISTRATION       1,626        

STICKER ARE ISSUED UPON THE FIRST REGISTRATION OF AN OFF-HIGHWAY   1,627        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OR ON BEHALF OF THE OWNER,    1,628        

THE OFFICIAL ISSUING THEM SHALL INDICATE THE ISSUANCE WITH A       1,629        

STAMP ON THE CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF     1,630        

TITLE.                                                                          

      (D)  Each deputy registrar shall be allowed a fee of two     1,632        

dollars and twenty-five cents for each application or renewal      1,633        

application received by him THE DEPUTY REGISTRAR, which shall be   1,634        

for the purpose of compensating the deputy registrar for his       1,636        

services, and such office and rental expense, as may be necessary  1,637        

for the proper discharge of his THE DEPUTY REGISTRAR'S duties in   1,640        

the receiving of applications and the issuing of certificates of   1,641        

registration.                                                                   

      Each deputy registrar shall, upon receipt of any             1,643        

application for registration, together with the registration fee,  1,644        

                                                          40     

                                                                 
SHALL transmit the fee, together with the original and duplicate   1,645        

copy of the application, to the registrar in such manner and at    1,646        

such times as the registrar, subject to the approval of the        1,647        

director of public safety and the treasurer of state, shall        1,648        

prescribe by rule.                                                 1,649        

      Sec. 4519.031.  The registrar of motor vehicles shall        1,658        

transmit to the tax commissioner the names, addresses, and any     1,659        

other information requested by the commissioner, of all persons    1,660        

who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose  1,662        

vehicle under section 4519.03 of the Revised Code.  Such           1,663        

information shall be transmitted in such A form as agreed to by    1,664        

the registrar and the commissioner.                                1,665        

      Sec. 4519.04.  (A)  Upon the filing of an application for    1,674        

registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or           1,675        

all-purpose vehicle and the payment of the tax therefor, the       1,677        

registrar of motor vehicles or a deputy registrar shall assign to  1,678        

the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a   1,680        

distinctive number and issue and deliver to the owner in such                   

manner as the registrar may select, a certificate of               1,681        

registration, in such form as the registrar shall prescribe.  Any  1,682        

number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or     1,684        

all-purpose vehicle shall be a permanent number, and shall not be  1,685        

issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or         1,686        

all-purpose vehicle, except as provided in section 4519.05 of the  1,688        

Revised Code.                                                                   

      IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE          1,690        

REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF     1,691        

THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A   1,692        

REGISTRATION STICKER.  THE REGISTRAR SHALL PRESCRIBE THE COLOR     1,693        

AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS   1,694        

DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE,   1,695        

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE.                    1,696        

      (B)  Upon receipt of a certificate of registration for a     1,698        

snowmobile or all-purpose vehicle other than a mini-bike or trail  1,699        

                                                          41     

                                                                 
bike, the owner shall paint on the vehicle or otherwise attach in  1,701        

such manner as the registrar shall prescribe, UPON EACH SIDE OF    1,703        

THE FORWARD COWLING OF THE SNOWMOBILE the identifying              1,705        

registration number, in block characters of not less than two      1,707        

inches in height and of such color as to be distinctly visible     1,708        

and legible, as follows:                                           1,709        

      (1)  In the case of a snowmobile, the number shall be        1,711        

displayed upon each side of the forward cowling.                   1,712        

      (2)  In the case of an all-purpose vehicle, the number       1,714        

shall be displayed upon the front and rear of the vehicle.         1,715        

      (C)  the certificate of registration for a mini-bike or      1,718        

trail bike shall be evidenced and displayed on the vehicle in      1,719        

such manner as the registrar shall prescribe.                      1,720        

      (D)(C)  Unless previously canceled, each certificate of      1,722        

registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or   1,724        

all-purpose vehicle shall expire EXPIRES upon the thirty-first     1,725        

day of December in the third year after the date it is issued.     1,727        

Application for renewal of a certificate may be made not earlier   1,728        

than ninety days preceding the expiration date, and shall be       1,729        

accompanied by a fee of five dollars.  The renewal of a            1,730        

certificate of registration for a snowmobile or all-purpose        1,731        

vehicle shall be evidenced by a decal or similar device            1,732        

identifying the registration period for which it is issued, and    1,733        

shall be displayed upon the vehicle in such manner as the          1,734        

registrar shall prescribe.                                                      

      Sec. 4519.05.  (A)  Whenever a registered snowmobile,        1,743        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or     1,744        

similarly disposed of, the owner shall surrender the certificate   1,746        

of registration and any license plate issued for a mini-bike or    1,747        

trail bike, to the registrar of motor vehicles or a deputy         1,748        

registrar within fifteen days following the destruction or         1,749        

disposal.  The registrar shall thereupon SHALL cancel the          1,750        

certificate and enter such THAT fact in his THE REGISTRAR'S        1,752        

records, and the vacated registration number may be assigned to    1,754        

                                                          42     

                                                                 
another snowmobile or all purpose vehicle.                                      

      IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      1,756        

VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED, THE      1,757        

OWNER ALSO SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK   1,758        

OF THE COURT OF COMMON PLEAS WHO ISSUED IT AND THE CLERK, WITH     1,760        

THE CONSENT OF ANY LIENHOLDERS NOTED THEREON, SHALL ENTER A        1,761        

CANCELLATION UPON THE CLERK'S RECORDS AND SHALL NOTIFY THE         1,762        

REGISTRAR OF THE CANCELLATION.  UPON THE CANCELLATION OF A         1,763        

CERTIFICATE OF TITLE IN THE MANNER PRESCRIBED BY THIS DIVISION,    1,764        

THE CLERK AND THE REGISTRAR MAY CANCEL AND DESTROY ALL             1,765        

CERTIFICATES OF TITLE AND MEMORANDUM CERTIFICATES OF TITLE IN      1,766        

THAT CHAIN OF TITLE.                                                            

      (B)  Whenever SUBJECT TO DIVISION (B) OF SECTION 4519.03 OF  1,769        

THE REVISED CODE, WHENEVER the ownership of a registered           1,770        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is      1,772        

transferred by sale or otherwise, the new owner shall, within      1,773        

fifteen days following the transfer, SHALL make application to     1,775        

the registrar or a deputy registrar for the transfer of the        1,776        

certificate of registration.  Upon receipt of the application and  1,777        

a fee of one dollar, the registrar shall transfer the certificate  1,778        

to the new owner and shall enter the new owner's name and address  1,779        

in his THE REGISTRAR'S records.  Whenever the ownership of a       1,781        

registered mini-bike or trail bike is transferred under this                    

section, the new owner shall retain the license plate originally   1,782        

issued for the vehicle.                                            1,783        

      (C)  Whenever the owner of a registered snowmobile,          1,785        

OFF-HIGHWAY MOTORCYCLE, or all purpose vehicle changes his         1,787        

address, he THE OWNER shall surrender the certificate of           1,788        

registration to the registrar or a deputy registrar within         1,789        

fifteen days following the address change.  Upon receipt of the    1,790        

certificate, the registrar shall enter the new address thereon     1,791        

and shall make the appropriate change in his THE REGISTRAR'S       1,792        

records.  In any A case where the owner's change of address        1,793        

involves a move outside of the state, the owner shall also         1,794        

                                                          43     

                                                                 
surrender any license plate issued for the vehicle, and the        1,795        

registrar shall cancel the certificate of registration and may     1,796        

thereafter assign the vacated registration number to another FOR   1,797        

THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.   1,800        

      (D)  Whenever a certificate of registration for a            1,802        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a   1,804        

license plate for a mini-bike or trail bike, has been IS lost,     1,805        

mutilated, or destroyed, the owner may obtain a duplicate          1,806        

certificate, which shall be identified as such, or a new plate,    1,807        

upon application and the payment of a fee of one dollar.           1,808        

      Sec. 4519.06.  Any person who is a dealer in snowmobiles,    1,817        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make        1,819        

application for registration, for each place in this state at      1,821        

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

snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is   1,824        

carried on.  The application shall show the make of snowmobile,    1,826        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured,       1,827        

sold, leased, or rented at such place, and shall be accompanied    1,829        

by a fee of twenty-five dollars.  Upon the filing of the           1,830        

application and the payment of the fee therefor, the registrar of  1,832        

motor vehicles shall assign to the applicant a distinctive         1,833        

number, prefixed by the letters DS in the case of a snowmobile     1,835        

and by the letters DAPV in the case of an all purpose vehicle,     1,838        

and, where applicable, shall issue a license plate as provided in               

section 4519.04 of the Revised Code.  The number or license plate  1,839        

shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,841        

or all-purpose vehicle in the places set forth PRESCRIBED in       1,844        

divisions (B) and (C) of section 4519.04 of the Revised Code       1,845        

whenever the vehicle is being used prior to sale or transfer.      1,846        

The registrar shall adopt rules and regulations specifying the     1,848        

manner in which the number may be temporarily affixed to the       1,849        

vehicle additional license plates bearing the dealer's number may  1,851        

be issued upon application and the payment of a fee of one dollar  1,852        

for each plate.                                                                 

                                                          44     

                                                                 
      Upon the termination of any dealership registered under      1,854        

this section, the dealer, within fifteen days following such       1,855        

termination, shall notify the registrar, who shall enter that      1,856        

fact in his THE REGISTRAR'S records and may thereafter assign the  1,858        

vacated registration number to some other dealer.  The dealer                   

shall also surrender to the registrar any license plates issued    1,859        

under this section.                                                             

      Notwithstanding section 4517.01 of the Revised Code, a       1,861        

dealer licensed to sell motor vehicles may also MAY be registered  1,862        

as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or            1,864        

all-purpose vehicles under this section, and may display, sell,    1,865        

or rent such vehicles at his THE DEALER'S established place of     1,868        

business.                                                                       

      Sec. 4519.08.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or    1,877        

all-purpose vehicle owned or leased by the state, by any of its    1,879        

political subdivisions, or by any volunteer organization that      1,880        

uses such vehicles exclusively for emergency purposes shall be                  

registered free of charge in the same manner as provided by        1,881        

section 4519.03 of the Revised Code for the registration of        1,882        

privately owned vehicles.  The registration number or license      1,883        

plate AND REGISTRATION STICKER assigned TO each such snowmobile,   1,884        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed  1,888        

as required by divisions (B) and (C) of section 4519.04 of the     1,889        

Revised Code.                                                      1,890        

      Sec. 4519.09.  Every owner or operator of a snowmobile,      1,899        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident   1,902        

of a state not having a registration law similar to Chapter 4519.  1,903        

of the Revised Code THIS CHAPTER, and who expects to use the       1,904        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in      1,906        

Ohio, shall apply to the registrar of motor vehicles or a deputy   1,907        

registrar for a temporary operating permit.  The temporary         1,908        

operating permit shall be issued for a period not to exceed        1,909        

fifteen days from the date of issuance, shall be in such form as   1,910        

the registrar determines, shall include the name and address of    1,911        

                                                          45     

                                                                 
the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE,  1,913        

or all-purpose vehicle, and such ANY other information as the      1,915        

registrar considers necessary, and shall be issued upon payment    1,917        

of a fee of five dollars.  Every owner or operator receiving a     1,918        

temporary operating permit shall display the same IT upon the      1,919        

reasonable request of any law enforcement officer or other person  1,920        

as authorized by sections 4519.42 and 4519.43 of the Revised       1,921        

Code.                                                                           

      Sec. 4519.10.  (A)  THE PURCHASER OF AN OFF-HIGHWAY          1,923        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, UPON APPLICATION AND PROOF OF   1,924        

PURCHASE, MAY OBTAIN A TEMPORARY LICENSE PLACARD FOR IT.  THE      1,925        

APPLICATION FOR SUCH A PLACARD SHALL BE SIGNED BY THE PURCHASER    1,926        

OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  THE         1,927        

TEMPORARY LICENSE PLACARD SHALL BE ISSUED ONLY FOR THE                          

APPLICANT'S USE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,928        

VEHICLE TO ENABLE THE APPLICANT TO OPERATE IT LEGALLY WHILE        1,929        

PROPER TITLE AND A REGISTRATION STICKER ARE BEING OBTAINED AND     1,930        

SHALL BE DISPLAYED ON NO OTHER OFF-HIGHWAY MOTORCYCLE OR                        

ALL-PURPOSE VEHICLE.  A TEMPORARY LICENSE PLACARD ISSUED UNDER     1,931        

THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR OF     1,932        

MOTOR VEHICLES, SHALL DIFFER IN SOME DISTINCTIVE MANNER FROM A     1,933        

PLACARD ISSUED UNDER SECTION 4503.182 OF THE REVISED CODE, SHALL   1,934        

BE VALID FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF ISSUANCE,                 

AND SHALL NOT BE TRANSFERABLE OR RENEWABLE.  THE PLACARD EITHER    1,935        

SHALL CONSIST OF OR BE COATED WITH SUCH MATERIAL AS WILL ENABLE    1,936        

IT TO REMAIN LEGIBLE AND RELATIVELY INTACT DESPITE THE             1,937        

ENVIRONMENTAL CONDITIONS TO WHICH THE PLACARD IS LIKELY TO BE      1,938        

EXPOSED DURING THE THIRTY-DAY PERIOD FOR WHICH IT IS VALID.  THE                

PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE      1,939        

SHALL ATTACH THE TEMPORARY LICENSE PLACARD TO IT, IN A MANNER      1,940        

PRESCRIBED BY RULES THE REGISTRAR SHALL ADOPT, SO THAT THE         1,941        

PLACARD NUMERALS OR LETTERS ARE CLEARLY VISIBLE.                                

      THE FEE FOR A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS    1,943        

SECTION SHALL BE TWO DOLLARS.  IF THE PLACARD IS ISSUED BY A       1,944        

                                                          46     

                                                                 
DEPUTY REGISTRAR, THE DEPUTY REGISTRAR SHALL CHARGE AN ADDITIONAL  1,945        

FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS, WHICH THE DEPUTY         1,946        

REGISTRAR SHALL RETAIN.  THE DEPUTY REGISTRAR SHALL TRANSMIT EACH  1,947        

TWO-DOLLAR FEE RECEIVED BY THE DEPUTY REGISTRAR UNDER THIS                      

SECTION TO THE REGISTRAR, WHO SHALL PAY THE TWO DOLLARS TO THE     1,948        

TREASURER OF STATE FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR      1,949        

VEHICLES FUND ESTABLISHED BY SECTION 4501.25 OF THE REVISED CODE.  1,950        

      (B)  THE REGISTRAR MAY ISSUE TEMPORARY LICENSE PLACARDS TO   1,952        

A DEALER TO BE ISSUED TO PURCHASERS FOR USE ON VEHICLES SOLD BY    1,953        

THE DEALER, IN ACCORDANCE WITH RULES PRESCRIBED BY THE REGISTRAR.  1,954        

THE DEALER SHALL NOTIFY THE REGISTRAR WITHIN FORTY-EIGHT HOURS OF  1,955        

PROOF OF ISSUANCE ON A FORM PRESCRIBED BY THE REGISTRAR.           1,956        

      THE FEE FOR EACH SUCH PLACARD ISSUED BY THE REGISTRAR TO A   1,958        

DEALER SHALL BE TWO DOLLARS PLUS A FEE OF TWO DOLLARS AND          1,959        

TWENTY-FIVE CENTS.                                                              

      Sec. 4519.11.  One dollar and twenty-five cents of each fee  1,968        

collected under sections 4519.04 and 4519.09 of the Revised Code   1,969        

shall be paid into the state bureau of motor vehicles fund         1,970        

created by section 4501.25 of the Revised Code.  All other fees,   1,971        

and all taxes and fines levied, charged, or referred to in         1,972        

Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE   1,973        

DESIGNATED BY LAW, shall be deposited into the state treasury to   1,974        

the credit of the state recreational vehicle fund, which is        1,975        

hereby created.  The state recreational vehicle fund shall be      1,976        

used for the purpose of enforcing and administering the law        1,977        

relative to the registration and operation of snowmobiles,         1,979        

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the       1,981        

state, for the purpose of expanding the activities of the          1,982        

department of natural resources to provide trails and other areas  1,983        

for the operation of such vehicles on state-controlled land and    1,984        

waters, for the purchase of additional land to be used for such    1,987        

purposes, and for the development and implementation by the        1,989        

department of programs relating to the safe use and enjoyment of   1,991        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    1,993        

                                                          47     

                                                                 
      All investment earnings of the state recreational vehicle    1,995        

fund shall be credited to the fund.                                1,996        

      Notwithstanding section 1501.01 of the Revised Code,         1,998        

nothing in this section authorizes the appropriation of property   1,999        

to provide trails and other areas for the operation of             2,000        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    2,002        

      Sec. 4519.20.  By not later than July 1, 1972, the (A)  THE  2,012        

director of public safety, pursuant to Chapter 119. of the         2,013        

Revised Code, shall adopt and promulgate rules and regulations     2,014        

for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     2,015        

all-purpose vehicles.  The rules and regulations may be revised    2,017        

from time to time as the director considers necessary, and shall   2,018        

include, but not necessarily be limited to, requirements for the   2,019        

following items of equipment:                                                   

      (A)(1)  At least one headlight having a minimum candlepower  2,021        

of sufficient intensity to reveal persons and objects at a         2,022        

distance of at least one hundred feet ahead under normal           2,023        

atmospheric conditions during hours of darkness;                   2,024        

      (B)(2)  At least one red tail light having a minimum         2,026        

candlepower of sufficient intensity to be plainly visible from a   2,027        

distance of five hundred feet to the rear under normal             2,028        

atmospheric conditions during hours of darkness;                   2,029        

      (C)(3)  Adequate brakes.  Every snowmobile shall, while      2,031        

traveling on packed snow, SHALL be capable of carrying a driver    2,032        

who weighs one hundred and seventy-five pounds or more, and,       2,033        

while carrying such driver, be capable of stopping in not more     2,034        

than forty feet from an initial steady speed of twenty miles per   2,035        

hour, or locking its traction belt.                                2,036        

      (D)(4)  A muffler system capable of precluding the emission  2,038        

of excessive smoke or exhaust fumes, and of limiting the engine    2,039        

noise of vehicles.  On snowmobiles manufactured after January 1,   2,040        

1973, such requirement shall include sound dampening equipment     2,041        

such that noise does not exceed eighty-two decibels on the "A"     2,042        

scale at fifty feet as measured according to SAE J192 (September   2,043        

                                                          48     

                                                                 
1970);.                                                            2,044        

      (B)  No person shall operate any snowmobile, OFF-HIGHWAY     2,046        

MOTORCYCLE, or all-purpose vehicle in violation of division (A),   2,048        

(B)(1), (C)(2), (3), or (D)(4) of this section, except that        2,051        

equipment specified in divisions (A)(1) and (B)(2) of this         2,053        

section shall not be required on snowmobiles, OFF-HIGHWAY                       

MOTORCYCLES, or all-purpose vehicles operated during the daylight  2,055        

hours on state controlled land under the jurisdiction of the       2,056        

department of natural resources and that are limited to            2,057        

off-highway use.                                                                

      Sec. 4519.21.  The director of public safety may authorize   2,066        

sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and      2,068        

all-purpose vehicles to determine their degree of conformity to    2,069        

rules and regulations adopted under section 4519.20 of the         2,070        

Revised Code.  In prescribing tests for muffler equipment, the     2,071        

director may require sound pressure levels in decibels to be       2,072        

measured on the "A" scale of a sound level meter having            2,073        

characteristics defined by the American standards association      2,074        

standard S1.4-1961 "General Purpose Sound Meter," and may also     2,075        

MAY require the use of applicable measurement practices outlined   2,076        

in the procedures for sound level measurement of snowmobiles       2,077        

endorsed by the international snowmobile industry association,     2,078        

January 1969, or such other sources of standards for the           2,079        

measurement of sound levels as the director may consider           2,080        

advisable.                                                                      

      Upon finding that any make or model of vehicle authorized    2,082        

to be tested under this section does not meet an applicable        2,083        

standard adopted by the director, the person conducting such THE   2,084        

test shall report that fact to the director, who shall             2,085        

immediately SHALL notify the manufacturer of the vehicle and the   2,086        

registrar of motor vehicles.  Upon receipt of a notification, the  2,087        

registrar shall refuse to issue a certificate of registration to   2,088        

an owner or dealer with respect to any vehicle of the same make    2,089        

or model as that named in the notification until the vehicle has   2,090        

                                                          49     

                                                                 
been modified in such manner as the director shall prescribe, and  2,091        

meets the applicable standard.                                     2,092        

      Sec. 4519.22.  No person shall have for sale, sell, offer    2,101        

for sale, lease, rent, or otherwise furnish for hire in this       2,102        

state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose   2,104        

vehicle which THAT fails to comply with any rule or regulation     2,105        

adopted by the director of public safety under section 4519.20 of  2,106        

the Revised Code, after the effective date of such THE rule or     2,107        

regulation.                                                                     

      Sec. 4519.40.  The applicable provisions of Chapters 4511.   2,116        

and 4549. of the Revised Code shall be applied to the operation    2,117        

of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose           2,119        

vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or    2,120        

all-purpose vehicle shall be operated as follows:                  2,121        

      (A)  On any limited access highway or freeway or the         2,123        

right-of-way thereof, except for emergency travel only during      2,124        

such time and in such manner as the director of public safety      2,125        

shall designate;                                                   2,126        

      (B)  On any private property, or in any nursery or planting  2,128        

area, without the permission of the owner or other person having   2,129        

the right to possession of the property;                           2,130        

      (C)  On any land or waters controlled by the state, except   2,132        

at those locations where a sign has been posted permitting such    2,133        

operation;                                                         2,134        

      (D)  On the tracks or right-of-way of any operating          2,136        

railroad;                                                          2,137        

      (E)  While transporting any firearm, bow, or other           2,139        

implement for hunting, that is not unloaded and securely encased;  2,140        

      (F)  For the purpose of chasing, pursuing, capturing, or     2,142        

killing any animal or wildfowl;                                    2,143        

      (G)  During the time from one-half hour after sunset to      2,145        

one-half hour before sunrise, unless displaying lighted lights as  2,146        

required by section 4519.20 of the Revised Code.                   2,147        

      Sec. 4519.41.  Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     2,157        

                                                          50     

                                                                 
all-purpose vehicles being used for winter travel may be operated  2,158        

as follows:                                                                     

      (A)  To make a crossing of a highway, other than a highway   2,160        

as designated in division (A) of section 4519.40 of the Revised    2,161        

Code, whenever the crossing can be made in safety and will not     2,162        

interfere with the movement of vehicular traffic approaching from  2,163        

any direction on the highway, and provided that the operator       2,164        

yields the right-of-way to any approaching traffic that presents   2,165        

an immediate hazard;                                               2,166        

      (B)  On highways in the county or township road systems      2,168        

whenever the local authority having jurisdiction over such         2,169        

highways so permits;                                               2,170        

      (C)  Off and alongside a street or highway for limited       2,172        

distances from the point of unloading from a conveyance to the     2,173        

point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or          2,175        

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

      (D)  On the berm or shoulder of a highway, other than a      2,177        

highway as designated in division (A) of section 4519.40 of the    2,178        

Revised Code, when the terrain permits such operation to be        2,179        

undertaken safely and without the necessity of entering any        2,180        

traffic lane;                                                      2,181        

      (E)  ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD,   2,184        

WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE,      2,185        

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH     2,186        

AREA.                                                                           

      Sec. 4519.42.  The director of natural resources shall       2,195        

adopt and promulgate rules and regulations for the operation of    2,196        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on  2,199        

land or waters controlled by the state.  The director shall also   2,200        

SHALL undertake a program relating to the development of trails    2,201        

and special areas for the use of snowmobiles, OFF-HIGHWAY          2,202        

MOTORCYCLES, and all-purpose vehicles, and may require any         2,203        

permits for such use as he THE DIRECTOR considers necessary.       2,204        

      The director may designate employees of the department OF    2,206        

                                                          51     

                                                                 
NATURAL RESOURCES to enforce any rules and regulations adopted     2,208        

under this section.  An employee so designated shall have full     2,210        

authority to enforce any provisions PROVISION of Chapter 4519. of  2,211        

the Revised Code THIS CHAPTER with respect to the proper TITLING,  2,214        

registration, equipping, and operation of snowmobiles,             2,215        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or        2,217        

waters controlled by the state.                                                 

      Sec. 4519.43.  A board of park commissioners of any park     2,226        

district created under Chapter 1545. of the Revised Code may       2,227        

provide by rule or regulation for the operation of snowmobiles,    2,229        

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks,    2,230        

parkways, and other reservations of land under its jurisdiction,   2,231        

and shall file a copy of any such rules or regulations with the    2,232        

director of natural resources.                                                  

      Any employee of a board of park commissioners designated     2,234        

pursuant to section 1545.13 of the Revised Code shall have full    2,235        

authority to enforce any of the provisions of Chapter 4519. of     2,236        

the Revised Code THIS CHAPTER with respect to the proper TITLING,  2,238        

registration, equipping, and operation of snowmobiles,             2,239        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands  2,240        

under the jurisdiction and control of the board.                   2,242        

      Sec. 4519.44.  (A)  No person who does not hold a valid,     2,251        

current motor vehicle driver's or commercial driver's license,     2,252        

motorcycle operator's endorsement, or probationary license,        2,253        

issued under Chapter 4506. or 4507. of the Revised Code, shall     2,254        

operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose       2,256        

vehicle on any street or highway in this state, on any portion of  2,257        

the right-of-way thereof, or on any public land or waters.         2,258        

      (B)  No person who is less than sixteen years of age shall   2,261        

operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose       2,262        

vehicle on any land or waters other than private property or       2,263        

waters owned by or leased to such THE person's parent or           2,264        

guardian, unless accompanied by another person who is eighteen     2,265        

years of age, or older, and who holds a license as provided in     2,266        

                                                          52     

                                                                 
division (A) of this section, except that the department of        2,267        

natural resources may permit such operation on state controlled    2,268        

land under its jurisdiction when such person is less than sixteen  2,269        

years of age, but is twelve years of age or older and is           2,270        

accompanied by a parent or guardian who is a licensed driver       2,271        

eighteen years of age or older.                                                 

      Sec. 4519.45.  Any dealer who rents, leases, or otherwise    2,280        

furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     2,281        

vehicle for hire shall maintain the vehicle in safe operating      2,283        

condition.  No dealer, or his agent or employee OF A DEALER,       2,284        

shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY  2,285        

MOTORCYCLE, or all-purpose vehicle for hire to any person who      2,287        

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,     2,288        

his OR AN agent, or employee OF THE DEALER has reasonable cause    2,290        

to believe is incompetent to operate the vehicle in a safe and     2,291        

lawful manner.                                                                  

      Sec. 4519.46.  The operator of a snowmobile, OFF-HIGHWAY     2,300        

MOTORCYCLE, or all-purpose vehicle involved in any accident        2,302        

resulting in bodily injury to or death of any person, or damage    2,303        

to the property of any person in excess of one hundred dollars,    2,304        

shall report the accident within forty-eight hours to the state    2,305        

highway patrol, the sheriff of the county within which the         2,306        

accident occurred, or the chief of police, if the accident         2,307        

occurred within a municipal corporation, and shall, within thirty  2,308        

days, SHALL forward a written report of the accident to the        2,310        

registrar of motor vehicles on a form prescribed by the            2,311        

registrar.  If the operator is physically incapable of making the  2,312        

reports and there is another participant in the accident not so    2,313        

incapacitated, such THE participant shall make the reports.  In    2,315        

the event that there is no other participant, and the operator is  2,316        

other than the owner, the owner shall, within the prescribed       2,317        

periods of time, SHALL make the reports.                                        

      Any law enforcement officer, or other person authorized by   2,319        

                                                          53     

                                                                 
sections 4519.42 and 4519.43 of the Revised Code, who              2,320        

investigates or receives information of an accident involving a    2,321        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall  2,323        

forward to the registrar a written report of the accident within   2,324        

forty-eight hours.                                                              

      The registrar shall maintain a file of all reports received  2,326        

by him THE REGISTRAR of accidents involving a snowmobile,          2,327        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.  The reports       2,329        

shall be for the confidential use of the director of public        2,330        

safety and the director of natural resources in the development    2,331        

of equipment and operating regulations, and of programs relating   2,332        

to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and       2,333        

all-purpose vehicles, except that the registrar shall furnish a    2,334        

copy of such report to any person claiming to have been injured    2,335        

or damaged in such accident, or his THE PERSON'S attorney, upon    2,336        

the payment of a fee of one dollar.                                2,338        

      Sec. 4519.47.  Whenever a person is found guilty of          2,347        

operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     2,349        

vehicle in violation of any rule or regulation authorized to be    2,350        

promulgated ADOPTED under section 4519.21 or 4519.42 of the        2,351        

Revised Code, the trial judge of any court of record may, in       2,352        

addition to or independent of any other penalties provided by      2,354        

law, MAY impound for not less than sixty days the certificate of   2,355        

registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or   2,357        

all-purpose vehicle.  The court shall send the impounded           2,358        

certificate of registration to the registrar of motor vehicles,    2,360        

who shall retain the certificate until the expiration of the                    

period of impoundment.                                             2,361        

      Sec. 4519.48.  Nothing contained in Chapter 4519. of the     2,370        

Revised Code THIS CHAPTER shall prevent local authorities from     2,372        

regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES,  2,373        

and all-purpose vehicles on streets and highways and other public  2,374        

property under their jurisdiction, and within the reasonable       2,375        

exercise of the police power, except that no local authority       2,376        

                                                          54     

                                                                 
shall require the registration or licensing of any snowmobile,     2,377        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be      2,378        

registered OR TITLED under such THIS chapter.                      2,379        

      Sec. 4519.51.  THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT   2,381        

SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM  2,382        

AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE        2,383        

REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL   2,385        

CONFORM THERETO.  THE REGISTRAR SHALL RECEIVE AND FILE IN THE                   

REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY   2,386        

THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN  2,387        

THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE.               2,388        

      THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL   2,390        

CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE  2,391        

CLERKS.  IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN        2,392        

ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE.     2,393        

UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR   2,394        

SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER     2,395        

THE CANCELLATION IN THE CLERK'S RECORDS.  THE REGISTRAR ALSO       2,396        

SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS                    

ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE       2,397        

CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF      2,399        

TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY   2,400        

LIEN NOTED THEREON.  THE HOLDER OF THE CERTIFICATE OF TITLE SHALL  2,402        

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

HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE     2,403        

CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE    2,404        

FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED             2,405        

MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE     2,407        

COUNTY.                                                                         

      Sec. 4519.52.  (A)  EXCEPT AS PROVIDED IN SECTION 4519.54    2,410        

OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS       2,413        

SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED  2,414        

OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR      2,415        

OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR         2,416        

                                                          55     

                                                                 
ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO    2,417        

THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS     2,418        

CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM     2,420        

CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.                            

      (B)(1)  A PERSON WHO IS NOT A DEALER ENGAGED IN THE          2,423        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         2,424        

ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF   2,425        

THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        2,426        

VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE        2,427        

MOTORCYCLE OR VEHICLE.  THE PERSON SHALL COMPLY WITH THIS CHAPTER  2,428        

IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE.                       2,429        

      (2)  IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE          2,431        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         2,432        

ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR     2,433        

ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE          2,434        

MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE     2,435        

TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE       2,436        

PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH           2,437        

ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER  2,439        

OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR        2,440        

OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A    2,441        

CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S  2,442        

OWN NAME.                                                                       

      Sec. 4519.53.  NO PERSON WHO ACQUIRES AN OFF-HIGHWAY         2,444        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE   2,445        

OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT,  2,446        

TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR   2,447        

ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A             2,448        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  2,449        

VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE   2,450        

FOR IT.  NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON    2,451        

AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE,   2,452        

OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY    2,453        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION.   2,454        

                                                          56     

                                                                 
      NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE     2,456        

THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY    2,457        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED     2,458        

OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE     2,459        

FOLLOWING:                                                                      

      (A)  A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR           2,462        

IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER;     2,463        

      (B)  ADMISSION IN THE PLEADINGS OR STIPULATION OF THE        2,466        

PARTIES.                                                                        

      Sec. 4519.54.  NO MANUFACTURER, IMPORTER, DEALER, OR OTHER   2,468        

PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY        2,469        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE    2,471        

DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO   2,472        

THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN  2,473        

ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON    2,475        

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

PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    2,476        

VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR    2,477        

IMPORTER'S CERTIFICATE.                                            2,478        

      A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF  2,480        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN     2,481        

THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH     2,482        

FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY         2,483        

REQUIRE:                                                                        

      (A)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          2,486        

ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL,    2,487        

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

NUMBER;                                                            2,488        

      (B)  CERTIFICATION OF THE DATE OF TRANSFER OF THE            2,491        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR  2,492        

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

TRANSFEREE;                                                        2,493        

      (C)  CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE   2,496        

NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY      2,497        

                                                          57     

                                                                 
TRADE AND COMMERCE;                                                             

      (D)  THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE    2,500        

TRANSFEROR.                                                                     

      AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE  2,502        

BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER    2,503        

OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S   2,504        

OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE        2,505        

REGISTRAR.  THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND         2,506        

ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY    2,507        

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    2,509        

ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE         2,510        

ASSIGNMENT.                                                                     

      Sec. 4519.55.  APPLICATION FOR A CERTIFICATE OF TITLE FOR    2,512        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE     2,513        

UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND      2,514        

SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER          2,515        

EMPOWERED TO ADMINISTER OATHS.  THE APPLICATION SHALL BE FILED     2,516        

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

WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF      2,517        

THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE       2,518        

TRANSACTION IS CONSUMMATED.  THE APPLICATION SHALL BE ACCOMPANIED  2,519        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND,  2,520        

IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE       2,522        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION     2,523        

ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY         2,524        

ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER.  IF A                      

CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE        2,525        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION,    2,527        

UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED    2,529        

BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN          2,530        

STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF      2,532        

SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER    2,533        

STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE         2,534        

                                                          58     

                                                                 
VEHICLE WAS BROUGHT INTO THIS STATE.  THE REGISTRAR, IN            2,535        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE  2,536        

THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH      2,538        

PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM   2,539        

THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS   2,540        

OF OTHER PERSONS.  FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE   2,541        

OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY  2,542        

DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN          2,543        

NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY     2,544        

CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM  2,545        

AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.                                   

      IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR      2,547        

ALL-PURPOSE VEHICLE BY A DEALER TO A GENERAL PURCHASER OR USER,    2,548        

THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE      2,550        

PURCHASER BY THE DEALER UPON APPLICATION SIGNED BY THE PURCHASER.  2,551        

IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE        2,552        

PURCHASER.  IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE  2,553        

OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE   2,555        

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

PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE  2,557        

OR ALL-PURPOSE VEHICLE.  IF THE APPLICATION FOR CERTIFICATE OF     2,558        

TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE  2,559        

OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY          2,560        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE   2,561        

FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY    2,563        

SECTION 4519.59 OF THE REVISED CODE.  THE CLERK SHALL RETAIN THE   2,564        

ENTIRE AMOUNT OF EACH LATE FILING FEE.                             2,565        

      EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR           2,567        

ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS  2,568        

SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR       2,569        

CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE  2,570        

APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER  2,571        

5739. OR 5741. OF THE REVISED CODE, OR SUBMITS EITHER OF THE       2,573        

FOLLOWING:                                                                      

                                                          59     

                                                                 
      (A)  A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF  2,576        

COURTS SHOWING PAYMENT OF THE TAX;                                              

      (B)  AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY     2,578        

THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT       2,579        

SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE        2,581        

REVISED CODE.                                                      2,582        

      PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH          2,584        

DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES  2,585        

ISSUED BY THE TAX COMMISSIONER.  WHEN A DEALER SUBMITS PAYMENT OF  2,587        

THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO      2,588        

WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED  2,590        

CODE.  THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY   2,591        

THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE   2,593        

TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE.  IF THE       2,594        

APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY       2,596        

MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE           2,597        

EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE         2,598        

APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO               

CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF      2,601        

EITHER OF THE ITEMS LISTED IN DIVISION (A) OR (B) OF THIS          2,603        

SECTION.                                                                        

      FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK,   2,605        

THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER   2,606        

CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE          2,608        

CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION                     

325.33 OF THE REVISED CODE.  IN THE CASE OF CASUAL SALES OF        2,609        

OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT   2,610        

TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE,  2,612        

THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL    2,613        

BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE  2,615        

CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR,   2,617        

WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE           2,619        

DETERMINATION OF THE TAX.  IN ADDITION TO THE INFORMATION          2,620        

REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE  2,622        

                                                          60     

                                                                 
OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING                          

NOTIFICATION AND STATEMENTS:  "WARNING TO TRANSFEROR AND           2,623        

TRANSFEREE (SELLER AND BUYER):  YOU ARE REQUIRED BY LAW TO STATE   2,626        

THE TRUE SELLING PRICE.  A FALSE STATEMENT IS IN VIOLATION OF      2,628        

SECTION 2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX       2,629        

MONTHS IMPRISONMENT OR A FINE OF UP TO ONE THOUSAND DOLLARS, OR    2,630        

BOTH.  ALL TRANSFERS ARE AUDITED BY THE DEPARTMENT OF TAXATION.    2,631        

THE SELLER AND BUYER MUST PROVIDE ANY INFORMATION REQUESTED BY     2,632        

THE DEPARTMENT OF TAXATION.  THE BUYER MAY BE ASSESSED ANY         2,633        

ADDITIONAL TAX FOUND TO BE DUE."                                                

      THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS          2,635        

POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE         2,636        

PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH          2,637        

INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE.   2,638        

      Sec. 4519.56.  (A)  AN APPLICATION FOR A CERTIFICATE OF      2,640        

TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER    2,642        

EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF  2,643        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL        2,644        

CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER  2,646        

WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY     2,647        

REQUIRE:                                                                        

      (1)  NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR            2,650        

EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;                          

      (2)  STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR          2,653        

ALL-PURPOSE VEHICLE WAS ACQUIRED;                                               

      (3)  NAME AND ADDRESS OF THE PREVIOUS OWNER;                 2,656        

      (4)  A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER           2,659        

ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE          2,660        

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

      (5)  IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER  2,663        

ENCUMBRANCES, A STATEMENT OF THAT FACT;                                         

      (6)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          2,665        

ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL,    2,667        

IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION       2,668        

                                                          61     

                                                                 
NUMBER.                                                                         

      IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE         2,670        

CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE   2,671        

MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE             2,672        

IDENTIFICATION NUMBER.  EXCEPT AS PROVIDED IN DIVISION (B) OF      2,673        

THIS SECTION, IF THE APPLICATION FOR A CERTIFICATE OF TITLE        2,674        

REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT    2,675        

CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR WHICH NO  2,677        

CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS STATE,     2,678        

THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION      2,679        

CERTIFICATE AS DESCRIBED IN THAT DIVISION.                         2,680        

      IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER  2,683        

OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN    2,684        

REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A           2,685        

PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO                     

ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE         2,687        

IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR                         

ALL-PURPOSE VEHICLE.  THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER  2,688        

SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY  2,689        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BY THE STATE HIGHWAY PATROL.     2,691        

THE STATE HIGHWAY PATROL SHALL ASSESS A FEE OF FIFTY DOLLARS FOR   2,692        

AFFIXING THE NUMBER TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,693        

VEHICLE AND SHALL DEPOSIT EACH SUCH FEE IN THE STATE HIGHWAY       2,694        

SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE REVISED CODE.    2,696        

      (B)  EXCEPT IN THE CASE OF A NEW OFF-HIGHWAY MOTORCYCLE OR   2,698        

ALL-PURPOSE VEHICLE SOLD BY A DEALER LICENSED UNDER CHAPTER 4517.  2,700        

OF THE REVISED CODE TITLE TO WHICH IS EVIDENCED BY A               2,702        

MANUFACTURER'S OR IMPORTER'S CERTIFICATE, IF THE APPLICATION FOR   2,704        

A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR      2,705        

ALL-PURPOSE VEHICLE THAT CONTAINS A PERMANENT IDENTIFICATION                    

NUMBER PLACED THEREON BY THE MANUFACTURER, BUT FOR WHICH NO        2,706        

CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED BY THIS STATE,     2,707        

THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION      2,708        

CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING    2,709        

                                                          62     

                                                                 
THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND            2,710        

MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY    2,711        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF     2,712        

TITLE IS DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE    2,713        

IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR.  THE PHYSICAL      2,714        

INSPECTION SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN   2,715        

ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR         2,716        

VEHICLE DEALER.  THE DEPUTY REGISTRAR OR MOTOR VEHICLE DEALER MAY  2,718        

CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING  2,719        

THE PHYSICAL INSPECTION.                                           2,720        

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    2,723        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  2,724        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     2,725        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        2,726        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    2,727        

SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY   2,728        

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      2,729        

RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     2,730        

SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY   2,731        

SECTION 4501.25 OF THE REVISED CODE.                               2,733        

      Sec. 4519.57.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  2,735        

ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND        2,736        

ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL.  THE FRONT    2,738        

SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION    2,740        

REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION                   

4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND  2,743        

CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY     2,744        

OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR    2,745        

OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY   2,746        

NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT.  THE   2,747        

REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF     2,748        

THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF    2,749        

THE REVISED CODE.  AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A  2,752        

NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS       2,753        

                                                          63     

                                                                 
SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN   2,754        

THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES.      2,755        

THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS                 

THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     2,756        

AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE     2,758        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED  2,759        

ON THE FACE OF THE CERTIFICATE OF TITLE.                           2,760        

      CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT       2,762        

LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      2,763        

VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE       2,764        

TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE  2,765        

PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.                                     

      Sec. 4519.58.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  2,767        

ISSUE CERTIFICATES OF TITLE IN DUPLICATE.  ONE COPY SHALL BE       2,768        

RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE     2,769        

INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR  2,770        

OF MOTOR VEHICLES ON THE DAY IT IS ISSUED.  THE CLERK SHALL SIGN   2,771        

AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE    2,772        

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

ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE          2,773        

APPLICANT OR THE SELLING DEALER.  EXCEPT AS OTHERWISE PROVIDED IN  2,774        

THIS SECTION, IF THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY    2,776        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL               

BE DELIVERED TO THE HOLDER OF THE FIRST LIEN.  IF THE CERTIFICATE  2,777        

OF TITLE IS OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND    2,778        

THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR       2,779        

ALL-PURPOSE VEHICLE, THE CLERK SHALL ISSUE A CERTIFICATE OF TITLE  2,780        

AND MAY ISSUE A MEMORANDUM CERTIFICATE OF TITLE.  THE CERTIFICATE  2,782        

OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE, IF ISSUED, SHALL BE  2,784        

DELIVERED TO THE HOLDER OF THE FIRST LIEN OR THE SELLING DEALER,                

WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE    2,786        

FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE                       

APPLICANT.  THE SELLING DEALER ALSO MAY MAKE ARRANGEMENTS WITH     2,787        

THE CLERK TO HAVE THE CLERK DELIVER THE MEMORANDUM CERTIFICATE OF  2,789        

                                                          64     

                                                                 
TITLE TO THE APPLICANT.                                                         

      THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING  2,791        

CERTIFICATES OF TITLE.  THE NUMBERING SHALL BE IN SUCH MANNER      2,792        

THAT THE COUNTY OF ISSUANCE IS INDICATED.  NUMBERS SHALL BE        2,793        

ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE  2,794        

REGISTRAR.  THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE         2,795        

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

CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE         2,796        

CERTIFICATES OF TITLE.                                             2,797        

      THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES   2,799        

OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT         2,801        

MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES  2,802        

OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY   2,803        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN   2,805        

YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE   2,807        

DESTROYED.  THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE                      

RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES    2,809        

OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING          2,810        

EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR            2,811        

ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE  2,812        

DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED.  THE  2,813        

CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE  2,814        

DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN  2,815        

IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR     2,816        

TEN YEARS.  IF THE CLERK PROVIDES A WRITTEN COPY OF ANY            2,817        

INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE          2,818        

CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE   2,819        

RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING.         2,820        

      Sec. 4519.59.  (A)  THE CLERK OF THE COURT OF COMMON PLEAS   2,822        

SHALL CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE,  2,824        

DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE,   2,825        

AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE.  THE CLERK     2,826        

SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED  2,828        

FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE       2,829        

                                                          65     

                                                                 
CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE,  2,830        

ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR  2,832        

DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH          2,833        

NOTATION OF A LIEN.                                                             

      THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED     2,835        

FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS      2,836        

CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING  2,838        

SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A       2,839        

CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR       2,840        

VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE       2,841        

REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT           2,842        

SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN   2,843        

WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION          2,844        

THEREOF.                                                                        

      (B)(1)  THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF THE     2,847        

AMOUNT RECEIVED FOR EACH CERTIFICATE OF TITLE AND ALL OF THE       2,848        

AMOUNTS RECEIVED FOR EACH NOTATION OF ANY LIEN AND EACH DUPLICATE  2,849        

CERTIFICATE OF TITLE INTO THE STATE BUREAU OF MOTOR VEHICLES FUND  2,850        

ESTABLISHED IN SECTION 4501.25 OF THE REVISED CODE.                2,853        

      (2)  FIFTY CENTS OF THE AMOUNT RECEIVED FOR EACH             2,856        

CERTIFICATE OF TITLE SHALL BE PAID BY THE REGISTRAR AS FOLLOWS:    2,857        

      (a)  FOUR CENTS SHALL BE PAID INTO THE STATE TREASURY TO     2,860        

THE CREDIT OF THE MOTOR VEHICLE DEALERS BOARD FUND CREATED IN      2,861        

SECTION 4505.09 OF THE REVISED CODE, FOR USE AS DESCRIBED IN       2,863        

DIVISION (B)(2)(a) OF THAT SECTION.                                2,866        

      (b)  TWENTY-ONE CENTS SHALL BE PAID INTO THE GENERAL         2,869        

REVENUE FUND;                                                                   

      (c)  TWENTY-FIVE CENTS SHALL BE PAID INTO THE STATE          2,872        

TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES AUDIT FUND       2,873        

CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS         2,875        

DESCRIBED IN DIVISION (B)(2)(c) OF THAT SECTION.                   2,878        

      (3)  TWO DOLLARS OF THE AMOUNT RECEIVED BY THE REGISTRAR     2,881        

FOR EACH CERTIFICATE OF TITLE SHALL BE PAID INTO THE STATE         2,882        

TREASURY TO THE CREDIT OF THE AUTOMATED TITLE PROCESSING FUND      2,883        

                                                          66     

                                                                 
CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS         2,885        

DESCRIBED IN DIVISION (B)(3)(a) OF THAT SECTION.                   2,888        

      Sec. 4519.60.  IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF  2,890        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF   2,891        

LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY,  2,892        

INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION   2,893        

IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY      2,894        

AGREEMENT AS PROVIDED IN CHAPTER 1309. OF THE REVISED CODE, THE    2,895        

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

LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR         2,896        

ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR    2,897        

CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S           2,899        

CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO   2,900        

THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF                      

POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,  2,901        

AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 OF THE   2,902        

REVISED CODE, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE   2,903        

OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO     2,905        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  ONLY AN        2,906        

AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION  2,907        

OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED,   2,909        

SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION    2,910        

AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT    2,911        

ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND        2,912        

OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND                    

RIGHT OF POSSESSION.  IF THE APPLICANT CANNOT PRODUCE SUCH PROOF   2,913        

OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR    2,914        

OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND   2,915        

THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY           2,916        

AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE.  IF, FROM     2,917        

THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY                 

LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE     2,918        

CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS  2,919        

THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS           2,920        

                                                          67     

                                                                 
EXTINCTION.                                                                     

      Sec. 4519.61.  (A)  EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE  2,923        

OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE   2,924        

LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR      2,925        

ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH   2,926        

MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE    2,928        

OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT   2,929        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN     2,931        

THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF       2,932        

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    2,933        

LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S   2,934        

RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE    2,935        

CANCELLATION.                                                                   

      UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE       2,937        

MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR     2,938        

MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM         2,939        

CERTIFICATES IN THAT CHAIN OF TITLE.                                            

      (B)  WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE           2,942        

CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,943        

VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE   2,944        

REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE       2,946        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  2,947        

VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR       2,948        

DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,        2,949        

COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE    2,950        

CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR   2,951        

VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION"  2,952        

ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE             2,953        

CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR   2,954        

SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON   2,955        

PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION.  IF THE         2,956        

SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,958        

VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR  2,959        

                                                          68     

                                                                 
A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR    2,960        

ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED   2,961        

IN DIVISION (C)(1) OF THIS SECTION.                                2,962        

      (C)(1)  WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY   2,965        

IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    2,966        

VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE       2,967        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR    2,968        

CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE            2,969        

CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     2,971        

VEHICLE AND PROCEED AS FOLLOWS.  WITHIN THIRTY DAYS THE INSURANCE  2,973        

COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF     2,974        

THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A         2,975        

SALVAGE CERTIFICATE OF TITLE.  THE CLERK SHALL ISSUE THE SALVAGE   2,976        

CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT  2,978        

SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF   2,979        

TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE        2,980        

ORIGINAL CERTIFICATE OF TITLE.  EXCEPT AS PROVIDED IN DIVISION     2,981        

(C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE  2,982        

ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY       2,983        

OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR     2,984        

OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     2,985        

VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE             2,986        

TRANSFERABLE TO ANY OTHER PERSON.  THE CLERK OF THE COURT OF       2,987        

COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF    2,988        

PROCESSING EACH SALVAGE CERTIFICATE OF TITLE.                      2,989        

      (2)  IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY        2,992        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1)  2,993        

OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE TO NORMAL OPERATION,   2,994        

THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF TITLE TO THE   2,995        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A SALVAGE DEALER  2,997        

OR SCRAP METAL PROCESSING FACILITY AND SEND THE ASSIGNED                        

CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS OF  2,999        

THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL PROCESSING   3,000        

FACILITY IS LOCATED.  THE INSURANCE COMPANY SHALL MARK THE FACE    3,001        

                                                          69     

                                                                 
OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL DELIVER A  3,002        

PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE DEALER OR     3,003        

SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.                                

      (3)  IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY        3,005        

IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OF ALL-PURPOSE     3,007        

VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT  3,008        

IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE         3,009        

INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       3,010        

VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO     3,011        

RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     3,012        

VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR        3,013        

CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM     3,014        

UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE      3,015        

VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE   3,016        

TO THE INSURANCE COMPANY.                                          3,017        

      (D)  WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING     3,020        

COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY   3,021        

MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR      3,022        

DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO     3,023        

REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY,  3,024        

OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING:                 3,025        

      (1)  MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE        3,027        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION"    3,029        

AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT   3,030        

OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF   3,031        

THIS SECTION.  THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING    3,032        

COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE           3,033        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A     3,034        

PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR      3,035        

SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY    3,037        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED,     3,038        

CRUSHED, OR DESTROYED.                                                          

      (2)  OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE            3,040        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE   3,042        

                                                          70     

                                                                 
SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED   3,043        

CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND      3,044        

THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR    3,046        

ALL-PURPOSE VEHICLE.  IF THE OFF-HIGHWAY MOTORCYCLE OR             3,047        

ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION,        3,048        

RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A      3,049        

SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR      3,050        

ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK    3,051        

OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER  3,052        

RESIDES.                                                           3,053        

      (E)  IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     3,056        

TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR         3,057        

OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF  3,058        

COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE    3,059        

STATE HIGHWAY PATROL.  THE INSPECTION SHALL INCLUDE ESTABLISHING   3,060        

PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND       3,061        

VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR     3,063        

ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE                    

MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY      3,065        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH           3,066        

DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF        3,067        

INSPECTION.  UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE                  

STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED          3,068        

INSPECTION FORM.  THE CLERK, UPON SUBMISSION OF THE COMPLETED      3,069        

INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF        3,071        

TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY  3,072        

THE REGISTRAR.  THE CERTIFICATE OF TITLE SHALL BE IN THE SAME      3,073        

FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME     3,074        

NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL        3,075        

CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE"   3,076        

IN BLACK BOLDFACE LETTERS ON ITS FACE.  EVERY SUBSEQUENT           3,077        

CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR          3,078        

CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM             3,079        

CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR      3,080        

                                                          71     

                                                                 
ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE"    3,082        

IN BLACK BOLDFACE LETTERS ON ITS FACE.  THE EXACT LOCATION ON THE  3,083        

FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE"    3,084        

SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN         3,085        

AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM   3,086        

TO COMPLY WITH THIS DIVISION.  THE CLERK SHALL USE REASONABLE      3,087        

CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS         3,088        

DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS        3,089        

DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF   3,090        

THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE  3,092        

PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES.  A FEE OF     3,093        

FIFTY DOLLARS SHALL BE ASSESSED BY THE STATE HIGHWAY PATROL FOR    3,094        

EACH INSPECTION MADE PURSUANT TO THIS DIVISION.                    3,095        

      (F)  NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE    3,098        

CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION"    3,099        

AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL    3,100        

BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL.                 3,101        

      Sec. 4519.62.  IN THE EVENT OF A LOST OR DESTROYED           3,103        

CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF    3,104        

THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF   3,105        

TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR    3,106        

ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A        3,107        

CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE   3,108        

REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED               

BY SECTION 4519.59 OF THE REVISED CODE.  THE APPLICATION SHALL BE  3,109        

SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE  3,110        

CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO  3,111        

THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER.  THE         3,112        

CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE    3,113        

WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY  3,114        

MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE                         

ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS   3,116        

IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE        3,117        

ORIGINAL HOLDER OF THE CERTIFIED COPY HAD.  ANY PURCHASER OF THE   3,118        

                                                          72     

                                                                 
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF      3,119        

PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE      3,120        

PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY         3,121        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE        3,123        

PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY                  

CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE.  IN THE EVENT OF    3,124        

THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER,   3,125        

THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF    3,126        

TITLE TO THE CLERK FOR CANCELLATION.                               3,127        

      THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY      3,129        

MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING  3,131        

LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME   3,132        

TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM  3,133        

CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM           3,134        

PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE                      

APPLICANT.  UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE   3,135        

CORRECT, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 OF    3,136        

THE REVISED CODE, THE CLERK SHALL ISSUE TO THE APPLICANT A         3,137        

MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR           3,138        

ALL-PURPOSE VEHICLE.  IN THE EVENT THE MEMORANDUM CERTIFICATE IS   3,140        

LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY               

OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED  3,141        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE.      3,142        

THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO    3,143        

EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE          3,144        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN.   3,146        

      Sec. 4519.63.  THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK  3,148        

OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON   3,149        

AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE      3,150        

INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE      3,151        

VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR    3,153        

OTHER CLASSIFICATION AS THEY MAY DIRECT.  THE REGISTRAR OR THE     3,154        

CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND   3,155        

THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE                     

                                                          73     

                                                                 
VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE  3,156        

INFORMATION AND ATTESTATIONS THEREOF.                              3,157        

      FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS:     3,159        

      (A)  FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE,     3,161        

TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF;                  3,162        

      (B)  FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS         3,164        

THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR    3,165        

REPORTED ON;                                                                    

      (C)  FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO     3,167        

DOLLARS PER COPY.  THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF   3,170        

RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.                      

      SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE    3,172        

FACTS THEREIN STATED IN ANY COURT OF THE STATE.  THE REGISTRAR     3,173        

AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT       3,174        

CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF       3,175        

POLICE, OR THE ATTORNEY GENERAL.  THE CLERK ALSO MAY PROVIDE A     3,176        

COPY OF A CERTIFICATE OF TITLE TO A PUBLIC AGENCY WITHOUT CHARGE.  3,177        

      THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS    3,179        

SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF   3,180        

THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION     3,182        

4501.25 OF THE REVISED CODE.  THOSE FEES COLLECTED BY THE CLERK                 

AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF    3,183        

TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE         3,184        

REVISED CODE.                                                      3,185        

      Sec. 4519.64.  MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY    3,187        

MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE    3,188        

AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES.   3,189        

THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY  3,190        

OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF     3,191        

THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE         3,192        

FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE                     

RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY        3,193        

PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE              3,194        

MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE  3,195        

                                                          74     

                                                                 
NAMES OF THE AGENTS.                                                            

      Sec. 4519.65.  THE CLERK OF THE COURT OF COMMON PLEAS AND    3,197        

THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR    3,198        

AFFIDAVIT REQUIRED BY THIS CHAPTER.                                3,199        

      Sec. 4519.66.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      3,201        

      (A)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      3,204        

ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE  3,206        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A           3,207        

CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE       3,208        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;                                  

      (B)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      3,211        

ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY   3,212        

MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS     3,213        

BEEN CANCELED;                                                                  

      (C)  FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON         3,215        

CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND    3,216        

NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER;                      3,217        

      (D)  FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE       3,219        

CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER,    3,221        

IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE    3,222        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE     3,223        

CERTIFICATE OF TITLE;                                                           

      (E)  VIOLATE SECTIONS 4519.51 TO 4519.70 OF THE REVISED      3,225        

CODE FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL      3,226        

RULES PROMULGATED PURSUANT TO THOSE SECTIONS.                      3,227        

      Sec. 4519.67.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      3,229        

      (A)  PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE    3,231        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR    3,232        

ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF   3,233        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR    3,234        

HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR        3,235        

ALL-PURPOSE VEHICLE HAS BEEN STOLEN;                               3,236        

      (B)  SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY     3,239        

MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR                

                                                          75     

                                                                 
ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED,         3,241        

REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE        3,242        

DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE   3,243        

MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER.          3,244        

      (C)  SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR           3,246        

ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR         3,247        

TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR  3,248        

IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS       3,249        

PROVIDED FOR IN THIS CHAPTER.                                                   

      Sec. 4519.68.  (A)(1)  CHAPTER 1309. OF THE REVISED CODE     3,251        

DOES NOT PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD    3,253        

OF A SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR       3,254        

ALL-PURPOSE VEHICLE, EXCEPT AS PROVIDED IN DIVISION (A)(2) OF      3,256        

THIS SECTION.                                                                   

      (2)  SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE APPLY   3,260        

TO A SECURITY INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR             3,261        

ALL-PURPOSE VEHICLE HELD AS INVENTORY, AS DEFINED IN DIVISION (D)  3,263        

OF SECTION 1309.07 OF THE REVISED CODE, FOR SALE BY A DEALER.      3,265        

THE SECURITY INTEREST HAS PRIORITY OVER CREDITORS OF THE DEALER    3,266        

AS PROVIDED IN SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE     3,269        

WITHOUT NOTATION OF THE SECURITY INTEREST ON A CERTIFICATE OF      3,270        

TITLE OR WITHOUT THE RETENTION OF A MANUFACTURER'S OR IMPORTER'S   3,271        

CERTIFICATE.                                                                    

      (B)  SUBJECT TO DIVISION (A) OF THIS SECTION, ANY SECURITY   3,276        

AGREEMENT COVERING A SECURITY INTEREST IN AN OFF-HIGHWAY           3,277        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF A NOTATION OF THE AGREEMENT  3,279        

HAS BEEN MADE BY THE CLERK OF THE COURT OF COMMON PLEAS ON THE                  

FACE OF THE CERTIFICATE OF TITLE, IS VALID AS AGAINST THE          3,280        

CREDITORS OF THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND    3,281        

AGAINST SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER          3,282        

LIENHOLDERS OR CLAIMANTS.  ALL SECURITY INTERESTS, LIENS,                       

MORTGAGES, AND ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE      3,284        

TAKE PRIORITY ACCORDING TO THE ORDER OF TIME IN WHICH THEY ARE     3,285        

NOTED THEREON BY THE CLERK.  EXPOSURE FOR SALE OF ANY OFF-HIGHWAY  3,286        

                                                          76     

                                                                 
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY ITS OWNER, WITH THE           3,287        

KNOWLEDGE OR WITH THE KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY   3,288        

SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE THEREON, DOES    3,289        

NOT RENDER THE SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE   3,290        

INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR AGAINST      3,292        

HOLDERS OF SUBSEQUENT SECURITY INTERESTS, LIENS, MORTGAGES, OR     3,293        

ENCUMBRANCES UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        3,294        

VEHICLE.                                                           3,295        

      THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY         3,297        

AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY  3,298        

IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE    3,299        

CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 OF  3,300        

THE REVISED CODE, MAY HAVE A NOTATION OF THE SECURITY INTEREST                  

MADE ON THE FACE OF THE CERTIFICATE OF TITLE AND, IF SUCH A        3,302        

NOTATION IS MADE, ANOTHER NOTATION OF THE LIEN SHALL BE ENTERED    3,304        

INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE                    

TITLES.  THE CLERK, OVER THE CLERK'S SIGNATURE AND SEAL OF         3,306        

OFFICE, SHALL ISSUE A NEW ORIGINAL CERTIFICATE OF TITLE FROM THE   3,307        

AUTOMATED TITLE PROCESSING SYSTEM THAT INDICATES THE SECURITY      3,308        

INTEREST AND THE DATE OF THE SECURITY INTEREST.                    3,309        

      WHEN THE SECURITY INTEREST IS DISCHARGED, THE HOLDER         3,311        

THEREOF SHALL NOTE THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON    3,313        

THE FACE OF THE CERTIFICATE OF TITLE OR OVER THE HOLDER'S          3,314        

SIGNATURE ON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES  3,315        

WHEN THERE IS NO SPACE FOR THE DISCHARGE ON THE FACE OF THE                     

CERTIFICATE OF TITLE.  PRIOR TO DELIVERING THE CERTIFICATE TO THE  3,317        

OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY   3,318        

ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE     3,319        

THE CLERK NOTE THE CANCELLATION OF THE SECURITY INTEREST ON THE                 

FACE OF THE CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE       3,321        

CLERK.  IF THE CANCELLATION APPEARS TO BE GENUINE, THE CLERK       3,322        

SHALL NOTE THE CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO   3,323        

SHALL NOTE THE CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE  3,324        

REGISTRAR, WHO SHALL NOTE THE CANCELLATION.  IF A SECURITY         3,325        

                                                          77     

                                                                 
INTEREST THAT IS DISCHARGED DOES NOT APPEAR ON THE FACE OF THE                  

CERTIFICATE OF TITLE BUT INSTEAD WAS ENTERED INTO THE AUTOMATED    3,327        

TITLE PROCESSING SYSTEM FOR MOTOR VEHICLES, THE CLERK SHALL ENTER  3,328        

THE CANCELLATION INTO THE AUTOMATED TITLE PROCESSING SYSTEM AND    3,329        

ALSO SHALL NOTE THE CANCELLATION ON A FORM PRESCRIBED BY THE       3,330        

REGISTRAR.                                                                      

      Sec. 4519.69.  IF THE APPLICATION FOR A CERTIFICATE OF       3,332        

TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE   3,333        

LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION       3,334        

SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED   3,336        

BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR,       3,337        

SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S                          

IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR             3,339        

ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS          3,340        

DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH     3,341        

FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES.  THE                  

PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   3,342        

VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN     3,344        

ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR         3,346        

VEHICLE DEALER.  ADDITIONALLY, THE PHYSICAL INSPECTION OF A        3,347        

SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN  3,348        

INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS  3,349        

OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER  3,351        

4738. OF THE REVISED CODE.  THE DEPUTY REGISTRAR, THE MOTOR        3,352        

VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A   3,353        

MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE       3,354        

PHYSICAL INSPECTION.                                                            

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    3,356        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  3,357        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     3,358        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        3,360        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    3,361        

SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY                

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      3,362        

                                                          78     

                                                                 
RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     3,363        

SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF  3,364        

MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED  3,366        

CODE.                                                              3,367        

      Sec. 4519.70.  (A)(1)  NO MINOR UNDER EIGHTEEN YEARS OF AGE  3,370        

SHALL PURCHASE OR OTHERWISE ACQUIRE AN OFF-HIGHWAY MOTORCYCLE OR   3,371        

ALL-PURPOSE VEHICLE AND OBTAIN A CERTIFICATE OF TITLE FOR THE      3,372        

MOTORCYCLE OR VEHICLE UNLESS THE APPLICATION FOR THE CERTIFICATE   3,373        

OF TITLE IS ACCOMPANIED BY A FORM PRESCRIBED BY THE REGISTRAR OF   3,374        

MOTOR VEHICLES THAT IS SIGNED BY A PARENT OF THE MINOR, THE        3,375        

MINOR'S GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR      3,376        

AUTHORIZING THE PURCHASE OR ACQUISITION OF THE OFF-HIGHWAY         3,377        

MOTORCYCLE OR ALL-PURPOSE VEHICLE.                                 3,378        

      (2)  NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL SELL OR      3,381        

OTHERWISE DISPOSE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      3,382        

VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER     3,383        

THIS CHAPTER UNLESS A PARENT OF THE MINOR, THE MINOR'S GUARDIAN,   3,384        

OR OTHER PERSON HAVING CUSTODY OF THE MINOR FURNISHES TO THE       3,385        

BUYER OR PERSON ACQUIRING THE MOTORCYCLE OR VEHICLE, AT THE TIME   3,386        

OF THE SALE OR DISPOSITION, A FORM PRESCRIBED BY THE REGISTRAR     3,387        

THAT IS SIGNED BY THE PARENT, GUARDIAN, OR OTHER PERSON            3,388        

AUTHORIZING THE SALE OR DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE  3,389        

OR ALL-PURPOSE VEHICLE.                                                         

      (B)  AT THE TIME AN APPLICATION FOR A CERTIFICATE OF TITLE   3,392        

FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN  3,393        

DIVISION (A) OF THIS SECTION IS SUBMITTED, THE ADULT WHO SIGNED    3,395        

THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, OR           3,396        

ACQUISITION OF THE MOTORCYCLE OR VEHICLE BY THE MINOR SHALL BE     3,397        

PRESENT AND SHALL PROVIDE IDENTIFICATION ESTABLISHING THAT THE     3,398        

ADULT IS THE INDIVIDUAL WHOSE SIGNATURE APPEARS ON THE FORM.  THE  3,399        

REGISTRAR SHALL PRESCRIBE, BY RULE, THE TYPES OF IDENTIFICATION    3,400        

THAT ARE ACCEPTABLE FOR THE PURPOSES OF THIS DIVISION.  IF THE     3,401        

ADULT WHO SIGNED THE FORM DOES NOT PROVIDE IDENTIFICATION AS       3,402        

REQUIRED BY THIS DIVISION, THE APPLICATION SHALL BE REFUSED.       3,403        

                                                          79     

                                                                 
      (C)  NO RIGHT, TITLE, CLAIM TO, OR INTEREST IN AN            3,405        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE ACQUIRED    3,407        

BY OR FROM A MINOR UNLESS THE APPLICATION FOR A CERTIFICATE OF     3,408        

TITLE FOR THE MOTORCYCLE OR VEHICLE IS ACCOMPANIED BY THE FORM     3,409        

REQUIRED BY THIS SECTION.                                          3,410        

      (D)  NO CLERK OF A COURT OF COMMON PLEAS SHALL BE HELD       3,412        

LIABLE IN ANY CIVIL ACTION THAT ARISES UNDER THE LAW OF THIS       3,413        

STATE FOR INJURY OR LOSS TO PERSONS OR PROPERTY CAUSED WHEN A      3,414        

PERSON HAS OBTAINED A CERTIFICATE OF TITLE IN VIOLATION OF THIS    3,415        

SECTION, UNLESS THE CLERK FAILED TO USE REASONABLE DILIGENCE IN    3,416        

ASCERTAINING THE AGE OF THE MINOR OR THE IDENTITY OF THE ADULT     3,417        

WHO SIGNED THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE,   3,418        

OR ACQUISITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        3,419        

VEHICLE BY THE MINOR.                                              3,420        

      Sec. 4519.99.  (A)  Whoever violates division (A) of         3,429        

section 4519.02, or division (A), (B), or (C) of section 4519.05,  3,430        

of the Revised Code shall be fined not more than twenty-five       3,431        

dollars for a first offense; for each subsequent offense such      3,432        

person shall be fined not less than twenty-five nor more than      3,433        

fifty dollars.                                                     3,434        

      (B)  Whoever violates section 4519.06 of the Revised Code    3,436        

shall be fined not more than fifty dollars for a first offense;    3,437        

for each subsequent offense such person shall be fined not less    3,438        

than fifty nor more than two hundred dollars.                      3,439        

      (C)  Whoever violates division (E)(B) of section 4519.20,    3,441        

or section 4519.22, of the Revised Code shall be fined not more    3,442        

than fifty dollars for a first offense; for each subsequent        3,443        

offense within one year of a first offense such person shall be    3,444        

fined not less than fifteen nor more than one hundred dollars or   3,445        

imprisoned not more than three days, or both.                      3,446        

      (D)  Whoever violates section 4519.40 or 4519.44 of the      3,448        

Revised Code shall be fined not less than fifty nor more than      3,449        

five hundred dollars or imprisoned not less than three nor more    3,450        

than thirty days, or both.                                         3,451        

                                                          80     

                                                                 
      (E)  Whoever violates section 4519.45 of the Revised Code    3,453        

shall be fined not less than one hundred nor more than five        3,454        

hundred dollars.                                                   3,455        

      (F)  WHOEVER VIOLATES SECTION 4519.66 OF THE REVISED CODE    3,457        

SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED    3,458        

NOT MORE THAN NINETY DAYS, OR BOTH.                                             

      (G)  WHOEVER VIOLATES SECTION 4519.67 OF THE REVISED CODE    3,460        

SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED  3,461        

IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE  3,462        

THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE    3,463        

THAN FIVE YEARS, OR BOTH.                                                       

      (H)  WHOEVER VIOLATES SECTION 4519.52 OF THE REVISED CODE    3,465        

SHALL BE FINED FIFTY DOLLARS.                                      3,466        

      Section 2.  That existing sections 325.33, 4501.01,          3,468        

4503.10, 4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02,     3,469        

4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09,    3,470        

4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42,     3,471        

4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99  3,473        

of the Revised Code are hereby repealed.                           3,474        

      Section 3.  Sections 1 and 2 of this act shall take          3,476        

effective January 1, 1999.                                         3,477        

      Section 4.  Section 4503.10 of the Revised Code is           3,479        

presented in this act as a composite of the section as amended by  3,480        

both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General        3,481        

Assembly, with the new language of neither of the acts shown in    3,483        

capital letters.  This is in recognition of the principle stated   3,484        

in division (B) of section 1.52 of the Revised Code that such      3,485        

amendments are to be harmonized where not substantively            3,486        

irreconcilable and constitutes a legislative finding that such is  3,487        

the resulting version in effect prior to the effective date of     3,488        

this act.