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
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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
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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
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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
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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
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(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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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(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
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(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.