As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. 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-BRADING-     10           

  WINKLER-WILSON-MASON-TAVARES-KRUPINSKI-EVANS-GRENDELL-CORBIN-    11           

             JOHNSON-MYERS-AMSTUTZ-JOLIVETTE-SALERNO               12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 325.33, 4501.01, 4503.10, 4505.06,  16           

                4505.09, 4511.85, 4517.01, 4519.01, 4519.02,       17           

                4519.03, 4519.031, 4519.04, 4519.05, 4519.06,      18           

                4519.08, 4519.09, 4519.11, 4519.20, 4519.21,       19           

                4519.22, 4519.40 to 4519.48, and 4519.99 and to    20           

                enact sections 4519.10, and 4519.51 to 4519.70 of  21           

                the Revised Code to require that the owners of     22           

                certain off-highway motorcycles and all-purpose    23           

                vehicles obtain certificates of  title for the     24           

                vehicles.                                          25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 325.33, 4501.01, 4503.10,          29           

4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 4519.03,     30           

4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 4519.11,    31           

4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42, 4519.43,     32           

4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99 be        33           

amended and sections 4519.10, 4519.51, 4519.52, 4519.53, 4519.54,  34           

4519.55, 4519.56, 4519.57, 4519.58, 4519.59, 4519.60, 4519.61,     35           

4519.62, 4519.63, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68,     36           

4519.69, and 4519.70 of the Revised Code be enacted to read as     37           

follows:                                                                        

      Sec. 325.33.  Notwithstanding sections 325.27 and 325.31 of  46           

                                                          2      

                                                                 
the Revised Code, all fees retained by the clerk of courts under   47           

Chapters 1548. and, 4505., AND 4519. of the Revised Code shall be  49           

paid into the county treasury to the credit of the certificate of  50           

title administration fund, which is hereby created.  Except as                  

otherwise provided in this section, fees credited to the fund      51           

shall be used only to pay the costs incurred by the clerk of       52           

courts in processing titles under Chapters 1548. and, 4505., AND   53           

4519. of the Revised Code.  However, if the board of county        55           

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   56           

transferred to the county general fund and used for other county   57           

purposes.  If the board of county commissioners and the clerk of   58           

courts are unable to agree on the amount of any such excess, the   59           

county budget commission shall determine the amount that will be   60           

transferred to the county general fund.                                         

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   69           

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         70           

Revised Code, and in the penal laws, except as otherwise           71           

provided:                                                          72           

      (A)  "Vehicles" means everything on wheels or runners,       74           

including motorized bicycles, but does not mean vehicles that are  75           

operated exclusively on rails or tracks or from overhead electric  76           

trolley wires and vehicles that belong to any police department,   77           

municipal fire department, or volunteer fire department, or that   78           

are used by such a department in the discharge of its functions.   79           

      (B)  "Motor vehicle" means any vehicle, including            81           

manufactured homes and recreational vehicles, that is propelled    82           

or drawn by power other than muscular power or power collected     83           

from overhead electric trolley wires, except motorized bicycles,   84           

road rollers, traction engines, power shovels, power cranes, and   85           

other equipment used in construction work and not designed for or  86           

employed in general highway transportation, well-drilling          87           

machinery, ditch-digging machinery, farm machinery, trailers that  88           

are used to transport agricultural produce or agricultural         89           

                                                          3      

                                                                 
production materials between a local place of storage or supply    90           

and the farm when drawn or towed on a public road or highway at a  91           

speed of twenty-five miles per hour or less, threshing machinery,  92           

hay-baling machinery, corn sheller, hammermill and agricultural    93           

tractors, machinery used in the production of horticultural,       94           

agricultural, and vegetable products, and trailers that are        95           

designed and used exclusively to transport a boat between a place  96           

of storage and a marina, or in and around a marina, when drawn or  97           

towed on a public road or highway for a distance of no more than   98           

ten miles and at a speed of twenty-five miles per hour or less.    99           

      (C)  "Agricultural tractor" and "traction engine" mean any   101          

self-propelling vehicle that is designed or used for drawing       102          

other vehicles or wheeled machinery, but has no provisions for     103          

carrying loads independently of such other vehicles, and that is   104          

used principally for agricultural purposes.                        105          

      (D)  "Commercial tractor," except as defined in division     107          

(C) of this section, means any motor vehicle that has motive       108          

power and either is designed or used for drawing other motor       109          

vehicles, or is designed or used for drawing another motor         111          

vehicle while carrying a portion of the other motor vehicle or     112          

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         114          

designed and used for carrying not more than nine persons and      115          

includes any motor vehicle that is designed and used for carrying  116          

not more than fifteen persons in a ridesharing arrangement.        117          

      (F)  "Collector's vehicle" means any motor vehicle or        119          

agricultural tractor or traction engine that is of special         120          

interest, that has a fair market value of one hundred dollars or   121          

more, whether operable or not, and that is owned, operated,        122          

collected, preserved, restored, maintained, or used essentially    123          

as a collector's item, leisure pursuit, or investment, but not as  124          

the owner's principal means of transportation.  "Licensed          125          

collector's vehicle" means a collector's vehicle, other than an    126          

agricultural tractor or traction engine, that displays current,    127          

                                                          4      

                                                                 
valid license tags issued under section 4503.45 of the Revised     128          

Code, or a similar type of motor vehicle that displays current,    129          

valid license tags issued under substantially equivalent           130          

provisions in the laws of other states.                            131          

      (G)  "Historical motor vehicle" means any motor vehicle      133          

that is over twenty-five years old and is owned solely as a        134          

collector's item and for participation in club activities,         135          

exhibitions, tours, parades, and similar uses, but that in no      136          

event is used for general transportation.                          137          

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  139          

including a farm truck as defined in section 4503.04 of the        140          

Revised Code, that is designed by the manufacturer to carry a      141          

load of no more than one ton and is used exclusively for purposes  142          

other than engaging in business for profit.                        143          

      (I)  "Bus" means any motor vehicle that has motor power and  146          

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    147          

not more than fifteen passengers in a ridesharing arrangement.     148          

      (J)  "Commercial car" means any motor vehicle that has       150          

motor power and is designed and used for carrying merchandise or   151          

freight, or that is used as a commercial tractor.                  152          

      (K)  "Bicycle" means every device, other than a tricycle     154          

that is designed solely for use as a play vehicle by a child,      156          

that is propelled solely by human power upon which any person may  157          

ride, and that has either two tandem wheels, or one wheel in       158          

front and two wheels in the rear, any of which is more than        159          

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that either has   161          

two tandem wheels or one wheel in the front and two wheels in the  163          

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

a helper motor of not more than fifty cubic centimeters piston     164          

displacement that produces no more than one brake horsepower and   165          

is capable of propelling the vehicle at a speed of no greater      166          

than twenty miles per hour on a level surface.                     167          

                                                          5      

                                                                 
      (M)  "Trailer" means any vehicle without motive power that   170          

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      171          

includes any such vehicle that is formed by or operated as a       172          

combination of a semitrailer and a vehicle of the dolly type such  173          

as that commonly known as a trailer dolly, a vehicle used to       174          

transport agricultural produce or agricultural production          175          

materials between a local place of storage or supply and the farm  176          

when drawn or towed on a public road or highway at a speed         177          

greater than twenty-five miles per hour, and a vehicle that is     178          

designed and used exclusively to transport a boat between a place  179          

of storage and a marina, or in and around a marina, when drawn or  180          

towed on a public road or highway for a distance of more than ten  181          

miles or at a speed of more than twenty-five miles per hour.       182          

"Trailer" does not include a manufactured home or travel trailer.  183          

      (N)  "Noncommercial trailer" means any trailer, except a     185          

travel trailer or trailer that is used to transport a boat as      186          

described in division (B) of this section, but, where applicable,  187          

includes a vehicle that is used to transport a boat as described   188          

in division (M) of this section, that has a gross weight of no     189          

more than three thousand pounds, and that is used exclusively for  190          

purposes other than engaging in business for a profit.             191          

      (O)  "Manufactured home" means any nonself-propelled         193          

vehicle transportable in one or more sections, which, in the       194          

traveling mode, is eight body feet or more in width or forty body  195          

feet or more in length or, when erected on site, is three hundred  196          

twenty or more square feet, and which is built on a permanent      197          

chassis and designed to be used as a dwelling with or without a    198          

permanent foundation when connected to the required utilities,     199          

and includes the plumbing, heating, air conditioning, and          200          

electrical systems contained therein.  Calculations used to        201          

determine the number of square feet in a structure are based on    202          

the structure's exterior dimensions measured at the largest        203          

horizontal projections when erected on site.  These dimensions     204          

                                                          6      

                                                                 
include all expandable rooms, cabinets, and other projections      205          

containing interior space, but do not include bay windows.         206          

      (P)  "Semitrailer" means any vehicle of the trailer type     208          

that does not have motive power and is so designed or used with    209          

another and separate motor vehicle that in operation a part of     210          

its own weight or that of its load, or both, rests upon and is     211          

carried by the other vehicle furnishing the motive power for       212          

propelling itself and the vehicle referred to in this division,    213          

and includes, for the purpose only of registration and taxation    214          

under those chapters, any vehicle of the dolly type, such as a     215          

trailer dolly, that is designed or used for the conversion of a    216          

semitrailer into a trailer.                                        217          

      (Q)  "Recreational vehicle" means a vehicular portable       219          

structure that is designed and constructed to be used as a         220          

temporary dwelling for travel, recreational, and vacation uses     221          

and is classed as follows:                                         222          

      (1)  "Travel trailer" means a nonself-propelled              224          

recreational vehicle that does not exceed an overall length of     225          

thirty-five feet, exclusive of bumper and tongue or coupling, and  226          

includes a tent-type fold-out camping trailer as defined in        227          

section 4517.01 of the Revised Code.                               228          

      (2)  "Motor home" means a self-propelled recreational        230          

vehicle that is constructed with permanently installed facilities  231          

for cold storage, cooking and consuming of food, and for           232          

sleeping.                                                                       

      (3)  "Truck camper" means a nonself-propelled recreational   234          

vehicle that does not have wheels for road use and is designed to  235          

be placed upon and attached to a motor vehicle.  "Truck camper"    236          

does not include truck covers that consist of walls and a roof,    237          

but do not have floors and facilities enabling them to be used as  238          

a dwelling.                                                                     

      (4)  "Fifth wheel trailer" means a vehicle that is of such   240          

size and weight as to be movable without a special highway         241          

permit, that has a gross trailer area of four hundred square feet  242          

                                                          7      

                                                                 
or less, that is constructed with a raised forward section that    243          

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

a vehicle equipped with a fifth-wheel hitch ordinarily installed   244          

in the bed of a truck.                                             245          

      (5)  "Park trailer" means a vehicle that is commonly known   247          

as a park model recreational vehicle, meets the American national  248          

standard institute standard A119.5 (1988) for park trailers, is    249          

built on a single chassis, has a gross trailer area of four        250          

hundred square feet or less when set up, is designed for seasonal  251          

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  252          

      (R)  "Pneumatic tires" means tires of rubber and fabric or   254          

tires of similar material, that are inflated with air.             255          

      (S)  "Solid tires" means tires of rubber or similar elastic  257          

material that are not dependent upon confined air for support of   258          

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          260          

equipped with two or more solid tires.                             261          

      (U)  "Farm machinery" means all machines and tools that are  263          

used in the production, harvesting, and care of farm products,     264          

and includes trailers that are used to transport agricultural      265          

produce or agricultural production materials between a local       266          

place of storage or supply and the farm when drawn or towed on a   267          

public road or highway at a speed of twenty-five miles per hour    268          

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       270          

other than a manufacturer or dealer that has title to a motor      271          

vehicle, except that in sections 4505.01 to 4505.19 of the         272          

Revised Code, "owner" includes in addition manufacturers and       273          

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        275          

firms, and corporations that are regularly engaged in the          276          

business of manufacturing, selling, displaying, offering for       277          

sale, or dealing in motor vehicles, at an established place of     278          

                                                          8      

                                                                 
business that is used exclusively for the purpose of               279          

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

in motor vehicles.  A place of business that is used for           281          

manufacturing, selling, displaying, offering for sale, or dealing  282          

in motor vehicles shall be deemed to be used exclusively for       283          

those purposes even though snowmobiles or all-purpose vehicles     284          

are sold or displayed for sale thereat, even though farm           285          

machinery is sold or displayed for sale thereat, or even though    286          

repair, accessory, gasoline and oil, storage, parts, service, or   287          

paint departments are maintained thereat, or, in any county        288          

having a population of less than seventy-five thousand persons at  289          

the last federal census, even though a department in a place of    290          

business is used to dismantle, salvage, or rebuild motor vehicles  291          

by means of used parts, if such departments are operated for the   292          

purpose of furthering and assisting in the business of             293          

manufacturing, selling, displaying, offering for sale, or dealing  294          

in motor vehicles.  Places of business or departments in a place   295          

of business used to dismantle, salvage, or rebuild motor vehicles  296          

by means of using used parts are not considered as being           297          

maintained for the purpose of assisting or furthering the          298          

manufacturing, selling, displaying, and offering for sale or       299          

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   301          

a motor vehicle upon the public highways.                          302          

      (Y)  "Chauffeur" means any operator who operates a motor     304          

vehicle, other than a taxicab, as an employee for hire; or any     305          

operator whether or not the owner of a motor vehicle, other than   306          

a taxicab, who operates such vehicle for transporting, for gain,   307          

compensation, or profit, either persons or property owned by       308          

another.  Any operator of a motor vehicle who is voluntarily       309          

involved in a ridesharing arrangement is not considered an         310          

employee for hire or operating such vehicle for gain,              311          

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  313          

                                                          9      

                                                                 
of the United States, and the provinces of Canada.                 314          

      (AA)  "Public roads and highways" for vehicles includes all  316          

public thoroughfares, bridges, and culverts.                       317          

      (BB)  "Manufacturer's number" means the manufacturer's       319          

original serial number that is affixed to or imprinted upon the    320          

chassis or other part of the motor vehicle.                        321          

      (CC)  "Motor number" means the manufacturer's original       323          

number that is affixed to or imprinted upon the engine or motor    324          

of the vehicle.                                                    325          

      (DD)  "Bill of sale" means the written statement or          327          

document of transfer or conveyance required prior to January 1,    328          

1938, to be executed and delivered by the corporation,             329          

partnership, association, or person selling, giving away,          330          

transferring, or passing title to a motor vehicle.                 331          

      (EE)  "Distributor" means any person who is authorized by a  333          

motor vehicle manufacturer to distribute new motor vehicles to     334          

licensed motor vehicle dealers at an established place of          335          

business that is used exclusively for the purpose of distributing  336          

new motor vehicles to licensed motor vehicle dealers, except when  337          

the distributor also is a new motor vehicle dealer, in which case  338          

the distributor may distribute at the location of the              339          

distributor's licensed dealership.                                 340          

      (FF)(EE)  "Ridesharing arrangement" means the                342          

transportation of persons in a motor vehicle where the             344          

transportation is incidental to another purpose of a volunteer     345          

driver and includes ridesharing arrangements known as carpools,    346          

vanpools, and buspools.                                            347          

      (GG)(FF)  "Apportionable vehicle" means any vehicle that is  349          

used or intended for use in two or more international              351          

registration plan member jurisdictions that allocate or            352          

proportionally register vehicles, that is used for the             353          

transportation of persons for hire or designed, used, or           354          

maintained primarily for the transportation of property, and that  355          

meets any of the following qualifications:                                      

                                                          10     

                                                                 
      (1)  Is a power unit having a gross vehicle weight in        357          

excess of twenty-six thousand pounds;                              358          

      (2)  Is a power unit having three or more axles, regardless  360          

of the gross vehicle weight;                                       361          

      (3)  Is a combination vehicle with a gross vehicle weight    363          

in excess of twenty-six thousand pounds.                           364          

      "Apportionable vehicle" does not include recreational        366          

vehicles, vehicles displaying restricted plates, city pick-up and  367          

delivery vehicles, buses used for the transportation of chartered  368          

parties, or vehicles owned and operated by the United States,      369          

this state, or any political subdivisions thereof.                 370          

      (HH)(GG)  "Chartered party" means a group of persons who     372          

contract as a group to acquire the exclusive use of a              373          

passenger-carrying motor vehicle at a fixed charge for the         374          

vehicle in accordance with the carrier's tariff, lawfully on file  375          

with the United States department of transportation, for the       377          

purpose of group travel to a specified destination or for a        378          

particular itinerary, either agreed upon in advance or modified    379          

by the chartered group after having left the place of origin.      380          

      (II)(HH)  "International registration plan" means a          382          

reciprocal agreement of member jurisdictions that is endorsed by   383          

the American association of motor vehicle administrators, and      384          

that promotes and encourages the fullest possible use of the       385          

highway system by authorizing apportioned registration of fleets   386          

of vehicles and recognizing registration of vehicles apportioned   387          

in member jurisdictions.                                           388          

      (JJ)(II)  "Restricted plate" means a license plate that has  390          

a restriction of time, geographic area, mileage, or commodity,     391          

and includes license plates issued to farm trucks under division   392          

(K) of section 4503.04 of the Revised Code.                        393          

      (KK)(JJ)  "Gross vehicle weight," with regard to any         395          

commercial car, trailer, semitrailer, or bus that is taxed at the  397          

rates established under section 4503.042 of the Revised Code,      398          

means the unladen weight of the vehicle fully equipped plus the    399          

                                                          11     

                                                                 
maximum weight of the load to be carried on the vehicle.           400          

      (LL)(KK)  "Combined gross vehicle weight" with regard to     402          

any combination of a commercial car, trailer, and semitrailer,     403          

that is taxed at the rates established under section 4503.042 of   404          

the Revised Code, means the total unladen weight of the            405          

combination of vehicles fully equipped plus the maximum weight of  406          

the load to be carried on that combination of vehicles.            407          

      (MM)(LL)  "Chauffeured limousine" means a motor vehicle      409          

that is designed to carry nine or fewer passengers and is          411          

operated for hire on an hourly basis pursuant to a prearranged     412          

contract for the transportation of passengers on public roads and  413          

highways along a route under the control of the person hiring the  414          

vehicle and not over a defined and regular route.  "Prearranged    415          

contract" means an agreement, made in advance of boarding, to      416          

provide transportation from a specific location in a chauffeured   417          

limousine at a fixed rate per hour or trip.  "Chauffeured          418          

limousine" does not include any vehicle that is used exclusively   419          

in the business of funeral directing.                              420          

      Sec. 4503.10.  (A)  THE OWNER OF EVERY SNOWMOBILE,           429          

OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE REQUIRED TO BE     431          

REGISTERED UNDER SECTION 4519.02 OF THE REVISED CODE SHALL FILE    433          

AN APPLICATION FOR REGISTRATION UNDER SECTION 4519.03 OF THE       435          

REVISED CODE.  THE OWNER OF A MOTOR VEHICLE, OTHER THAN A          437          

SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE, THAT   438          

IS NOT DESIGNED AND CONSTRUCTED BY THE MANUFACTURER FOR OPERATION  439          

ON A STREET OR HIGHWAY MAY NOT REGISTER IT UNDER THIS CHAPTER      440          

EXCEPT UPON CERTIFICATION OF INSPECTION PURSUANT TO SECTION        441          

4513.02 OF THE REVISED CODE BY THE SHERIFF OR CHIEF OF POLICE OF   444          

THE MUNICIPAL OR TOWNSHIP POLICE WITH JURISDICTION OVER THE        445          

POLITICAL SUBDIVISION IN WHICH THE OWNER OF THE MOTOR VEHICLE      446          

RESIDES.  Except as provided in section 4503.103 of the Revised    447          

Code, every owner of a EVERY OTHER motor vehicle NOT PREVIOUSLY    448          

DESCRIBED IN THIS SECTION and every person mentioned as owner in   449          

the last certificate of title, bill of sale, or sworn statement    450          

                                                          12     

                                                                 
of ownership of a motor vehicle that is operated or driven upon    451          

the public roads or highways shall cause to be filed each year,    452          

by mail or otherwise, in the office of the registrar of motor      453          

vehicles or a deputy registrar, a written application or a         454          

preprinted registration renewal notice issued under section        455          

4503.102 of the Revised Code, the form of which shall be           456          

prescribed by the registrar, for registration for the following    457          

registration year, which shall begin on the first day of January   458          

of every calendar year and end on the thirty-first day of          459          

December in the same year.  Applications for registration and      460          

registration renewal notices shall be filed at the times                        

established by the registrar pursuant to section 4503.101 of the   461          

Revised Code.  Except as provided in division (J) of this          462          

section, applications for registration shall be made on blanks     463          

furnished by the registrar for that purpose, containing the        464          

following information:                                             465          

      (1)  A brief description of the motor vehicle to be          467          

registered, including the name of the manufacturer, the factory    468          

number of the vehicle, the year's model, and, in the case of       469          

commercial cars, the gross weight of the vehicle fully equipped    470          

computed in the manner prescribed in section 4503.08 of the        471          

Revised Code;                                                      472          

      (2)  The name and residence address of the owner, and the    475          

township and municipal corporation in which the owner resides;     477          

      (3)  The district of registration, which shall be            479          

determined as follows:                                             480          

      (a)  In case the motor vehicle to be registered is used for  482          

hire or principally in connection with any established business    483          

or branch business, conducted at a particular place, the district  484          

of registration is the municipal corporation in which that place   485          

is located or, if not located in any municipal corporation, the    486          

county and township in which that place is located.                487          

      (b)  In case the vehicle is not so used, the district of     489          

registration is the municipal corporation or county in which the   490          

                                                          13     

                                                                 
owner resides at the time of making the application.               491          

      (4)  Whether the motor vehicle is a new or used motor        493          

vehicle;                                                           494          

      (5)  The date of purchase of the motor vehicle;              496          

      (6)  Whether the fees required to be paid for the            498          

registration or transfer of the motor vehicle, during the          499          

preceding registration year and during the preceding period of     500          

the current registration year, have been paid.  Each application   501          

for registration shall be signed by the owner, directly or         502          

pursuant to obtaining a limited power of attorney authorized by    503          

the registrar for registration, or other document authorizing      504          

such signature.                                                    505          

      (7)  The owner's social security number, if assigned, or,    507          

where a motor vehicle to be registered is used for hire or         508          

principally in connection with any established business, the       509          

owner's federal taxpayer identification number.                    510          

      (B)  Each time the applicant first registers a motor         512          

vehicle in the applicant's name, the applicant shall present for   514          

inspection proper bills of sale or sworn statement of ownership,   515          

the originals of which have been filed with the clerk of the       516          

court of common pleas, or a certificate of the clerk certifying    517          

that such bills of sale or sworn statement of ownership have been  518          

filed with the clerk, or a certificate of title or a memorandum    519          

certificate showing title to the motor vehicle to be registered    520          

in the applicant.  When a motor vehicle inspection and             521          

maintenance program is in effect under section 3704.14 of the      522          

Revised Code and rules adopted under it, each application for      523          

registration for a vehicle required to be inspected under that     524          

section and those rules shall be accompanied by an inspection      525          

certificate for the motor vehicle issued in accordance with that   526          

section.  The application shall be refused if any of the           527          

following applies:                                                              

      (1)  The application is not in proper form.                  529          

      (2)  The application is prohibited from being accepted by    531          

                                                          14     

                                                                 
division (D) of section 2935.27, division (A) of section           532          

2937.221, division (A) of section 4503.13, division (B) of         533          

section 4507.168, or division (B)(1) of section 4521.10 of the     534          

Revised Code.                                                                   

      (3)  When applicable, proper bills of sale or A sworn        536          

statement of ownership or proper certificate thereof or A          537          

certificate of title or memorandum certificate OF TITLE does not   538          

accompany the application.                                         540          

      (4)  All registration and transfer fees for the motor        542          

vehicle, for the preceding year or the preceding period of the     543          

current registration year, have not been paid.                     544          

      (5)  The owner or lessee does not have an inspection         546          

certificate for the motor vehicle as provided in section 3704.14   547          

of the Revised Code, and rules adopted under it, if that section   548          

is applicable.                                                     549          

      This section does not require the payment of license or      551          

registration taxes on a motor vehicle for any preceding year, or   552          

for any preceding period of a year, if the motor vehicle was not   553          

taxable for that preceding year or period under sections 4503.02,  554          

4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the     555          

Revised Code.  When a certificate of registration is issued upon   556          

the first registration of a motor vehicle by or on behalf of the   557          

owner, the official issuing the certificate shall indicate the     558          

issuance with a stamp on the certificate of title or memorandum    559          

certificate and on the inspection certificate for the motor        560          

vehicle, if any.  The official also shall indicate, by a stamp or  561          

by such other means as the registrar prescribes, on the            562          

registration certificate issued upon the first registration of a   563          

motor vehicle by or on behalf of the owner the odometer reading    564          

of the motor vehicle as shown in the odometer statement included   565          

in or attached to the certificate of title.  Upon each subsequent  566          

registration of the motor vehicle by or on behalf of the same      567          

owner, the official also shall so indicate the odometer reading    568          

of the motor vehicle as shown on the immediately preceding         569          

                                                          15     

                                                                 
certificate of registration.                                       570          

      The registrar shall include in the permanent registration    572          

record of any vehicle required to be inspected under section       573          

3704.14 of the Revised Code the inspection certificate number      574          

from the inspection certificate that is presented at the time of   575          

registration of the vehicle as required under this division.       576          

      (C)  In addition, a charge of twenty-five cents shall be     578          

made for each reflectorized safety license plate issued, and a     579          

single charge of twenty-five cents shall be made for each county   580          

identification sticker or each set of county identification        582          

stickers issued, as the case may be, to cover the cost of          583          

producing the license plates and stickers, including material,     584          

manufacturing, and administrative costs.  Those fees shall be in   585          

addition to the license tax.  If the total cost of producing the   586          

plates is less than twenty-five cents per plate, or if the total   587          

cost of producing the stickers is less than twenty-five cents per  588          

sticker or per set issued, any excess moneys accruing from the     589          

fees shall be distributed in the same manner as provided by        590          

section 4501.04 of the Revised Code for the distribution of        591          

license tax moneys.  If the total cost of producing the plates     592          

exceeds twenty-five cents per plate, or if the total cost of       593          

producing the stickers exceeds twenty-five cents per sticker or    594          

per set issued, the difference shall be paid from the license tax  596          

moneys collected pursuant to section 4503.02 of the Revised Code.  597          

      (D)  Each deputy registrar shall be allowed a fee of two     599          

dollars and twenty-five cents for each application for             600          

registration and registration renewal notice the deputy registrar  602          

receives, which shall be for the purpose of compensating the       603          

deputy registrar for the deputy registrar's services, and such     604          

office and rental expenses, as may be necessary for the proper     606          

discharge of the deputy registrar's duties in the receiving of     608          

applications and renewal notices and the issuing of licenses.      609          

      (E)  Upon the certification of the registrar, the county     611          

sheriff or local police officials shall recover license plates     612          

                                                          16     

                                                                 
erroneously or fraudulently issued.                                613          

      (F)  Each deputy registrar, upon receipt of any application  615          

for registration or registration renewal notice, together with     616          

the license fee and any or local motor vehicle license tax levied  619          

pursuant to Chapter 4504. of the Revised Code, shall transmit      620          

that fee and tax, if any, in the manner provided in this section,  621          

together with the original and duplicate copy of the application,  622          

to the registrar.  The registrar, subject to the approval of the   623          

director of public safety, may deposit the funds collected by      624          

those deputies in a local bank or depository to the credit of the  625          

"state of Ohio, bureau of motor vehicles."  Where a local bank or  626          

depository has been designated by the registrar, each deputy       627          

registrar shall deposit all moneys collected by the deputy         628          

registrar into that bank or depository not more than one business  629          

day after their collection and shall make reports to the           631          

registrar of the amounts so deposited, together with any other     632          

information, some of which may be prescribed by the treasurer of   633          

state, as the registrar may require and as prescribed by the       634          

registrar by rule.  The registrar, within three days after         635          

receipt of notification of the deposit of funds by a deputy        636          

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

account in favor of the treasurer of state.  The registrar,        638          

subject to the approval of the director and the treasurer of       639          

state, may make reasonable rules necessary for the prompt          640          

transmittal of fees and for safeguarding the interests of the      641          

state and of counties, townships, municipal corporations, and      642          

transportation improvement districts levying local motor vehicle   643          

license taxes.  The registrar may pay service charges usually      647          

collected by banks and depositories for such service.  If deputy   648          

registrars are located in communities where banking facilities     650          

are not available, they shall transmit the fees forthwith, by      651          

money order or otherwise, as the registrar, by rule approved by    652          

the director and the treasurer of state, may prescribe.  The       653          

registrar may pay the usual and customary fees for such service.   654          

                                                          17     

                                                                 
      (G)  This section does not prevent any person from making    656          

an application for a motor vehicle license directly to the         657          

registrar upon payment of a two dollars and twenty-five cents      658          

service fee for each application.                                  659          

      (H)  No person shall make a false statement as to the        661          

district of registration in an application required by division    662          

(A) of this section.  Violation of this division is falsification  663          

under section 2921.13 of the Revised Code and punishable as        664          

specified in that section.                                         665          

      (I)(1)  Where applicable, the requirements of division (B)   667          

of this section relating to the presentation of an inspection      668          

certificate issued under section 3704.14 of the Revised Code and   669          

rules adopted under it for a motor vehicle, the refusal of a       670          

license for failure to present an inspection certificate, and the  671          

stamping of the inspection certificate by the official issuing     672          

the certificate of registration apply to the registration of and   673          

issuance of license plates for a motor vehicle under sections      674          

4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,  675          

4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,     676          

4503.47, and 4503.51 of the Revised Code.                          677          

      (2)(a)  The registrar shall adopt rules ensuring that each   679          

owner registering a motor vehicle in a county where a motor        680          

vehicle inspection and maintenance program is in effect under      681          

section 3704.14 of the Revised Code and rules adopted under it     682          

receives information about the requirements established in that    683          

section and those rules and about the need in those counties to    684          

present an inspection certificate with an application for          685          

registration or preregistration.                                   686          

      (b)  Upon request, the registrar shall provide the director  688          

of environmental protection, or any person that has been awarded   689          

a contract under division (D) of section 3704.14 of the Revised    690          

Code, an on-line computer data link to registration information    691          

for all passenger cars, noncommercial motor vehicles, and          692          

commercial cars that are subject to that section.  The registrar   693          

                                                          18     

                                                                 
also shall provide to the director of environmental protection a   694          

magnetic data tape containing registration information regarding   695          

passenger cars, noncommercial motor vehicles, and commercial cars  696          

for which a multi-year registration is in effect under section     697          

4503.103 of the Revised Code or rules adopted under it,            698          

including, without limitation, the date of issuance of the         699          

multi-year registration, the registration deadline established     700          

under rules adopted under section 4503.101 of the Revised Code     701          

that was applicable in the year in which the multi-year            702          

registration was issued, and the registration deadline for         703          

renewal of the multi-year registration.                            704          

      (J)  Application for registration under the international    706          

registration plan, as set forth in sections 4503.60 to 4503.66 of  707          

the Revised Code, shall be made to the registrar on forms          708          

furnished by the registrar.  In accordance with international      709          

registration plan guidelines and pursuant to rules adopted by the  710          

registrar, the forms shall include the following:                  711          

      (1)  A uniform mileage schedule;                             713          

      (2)  The gross vehicle weight of the vehicle or combined     715          

gross vehicle weight of the combination vehicle as declared by     716          

the registrant;                                                    717          

      (3)  Any other information the registrar requires by rule.   720          

      Sec. 4505.06.  (A)  Application for a certificate of title   729          

shall be made upon a form prescribed by the registrar of motor     730          

vehicles, and shall be sworn to before a notary public or other    731          

officer empowered to administer oaths.  The application shall be   732          

filed with the clerk of the court of common pleas of the county    733          

in which the applicant resides if the applicant is a resident of   734          

this state or, if not a resident, in the county in which the       735          

transaction is consummated.  The application shall be accompanied  736          

by the fee prescribed in section 4505.09 of the Revised Code; and  737          

if a certificate of title previously has been issued for the       738          

motor vehicle in this state, it shall be accompanied by that       739          

certificate of title duly assigned, unless otherwise provided in   740          

                                                          19     

                                                                 
this chapter.  If a certificate of title previously has not been   741          

issued for the motor vehicle in this state, the application,       742          

unless otherwise provided in this chapter, shall be accompanied    743          

by a manufacturer's or importer's certificate or by a certificate  744          

of title, bill of sale, or other evidence of ownership required    747          

by the law of another state from which the motor vehicle was       748          

brought into this state.  If the application refers to a motor     749          

vehicle last previously registered in another state, the           750          

application also shall be accompanied by the physical inspection   751          

certificate required by section 4505.061 of the Revised Code.  If  752          

the application is made by two persons regarding a motor vehicle   753          

in which they wish to establish joint ownership with right of      754          

survivorship they may do so as provided in section 2106.17 of the  755          

Revised Code.  The clerk shall retain the evidence of title        756          

presented by the applicant and on which the certificate of title   757          

is issued.  The clerk shall use reasonable diligence in            758          

ascertaining whether or not the facts in the application are true  759          

by checking the application and documents accompanying it with     760          

the records of motor vehicles in the clerk's office; if satisfied  761          

that the applicant is the owner of the motor vehicle and that the  762          

application is in the proper form, the clerk, within five          763          

business days after the application is filed, shall issue a                     

certificate of title over the clerk's signature and sealed with    765          

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

of title, if the clerk is satisfied that the secured party has     766          

duly discharged a lien notation, but has not canceled the lien     767          

notation with the clerk of the county of origin, the clerk may     768          

cancel the lien notation on the automated title processing system  769          

and notify the clerk of the county of origin.                      770          

      In the case of the sale of a motor vehicle by a dealer or a  772          

manufactured home broker to a general buyer or user, the           773          

certificate of title shall be obtained in the name of the buyer    774          

by the dealer or the manufactured home broker upon application     775          

signed by the buyer, and shall be issued within five business      776          

                                                          20     

                                                                 
days after the application for title is filed with the clerk.      777          

      In all other cases, except as provided in division (D)(2)    779          

of section 4505.11 of the Revised Code, such certificates shall    780          

be obtained by the buyer.  In all cases of transfer of a motor     782          

vehicle, the application for certificate of title shall be filed   783          

within thirty days after the assignment or delivery of the motor   784          

vehicle.  If an application for a certificate of title is not      785          

filed within that period, the clerk shall collect a fee of five    786          

dollars for the issuance of the certificate, except that no such   787          

fee shall be required from a motor vehicle salvage dealer, as      788          

defined in division (A) of section 4738.01 of the Revised Code,    789          

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      790          

established by this chapter, and shall be retained by the clerk.   791          

The registrar shall provide, on the certificate of title form      792          

prescribed by section 4505.07 of the Revised Code, language        793          

necessary to give evidence of the date on which the assignment or  794          

delivery of the motor vehicle was made.                            795          

      (B)  The clerk, except as provided in this section, shall    797          

refuse to accept for filing any application for a certificate of   798          

title and shall refuse to issue a certificate of title unless the  799          

dealer or manufactured home broker or the applicant, in cases in   800          

which the certificate shall be obtained by the buyer, submits      801          

with the application payment of the tax levied by or pursuant to   802          

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     803          

the tax in accordance with division (E) of this section, the       804          

clerk shall issue a receipt prescribed by the registrar and        805          

agreed upon by the tax commissioner showing payment of the tax or  806          

a receipt issued by the commissioner showing the payment of the    807          

tax.  When submitting payment of the tax to the clerk, a dealer    808          

shall retain any discount to which the dealer is entitled under    809          

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   811          

the clerk may retain a poundage fee of one and one one-hundredth   812          

                                                          21     

                                                                 
per cent, which shall be paid into the certificate of title        813          

administration fund created by section 325.33 of the Revised       815          

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    817          

in section 4517.01 of the Revised Code, the price for the purpose  819          

of determining the tax shall be the purchase price on the          820          

assigned certificate of title executed by the seller and filed     821          

with the clerk by the buyer on a form to be prescribed by the      822          

registrar, which shall be prima-facie evidence of the amount for   823          

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    825          

title that the odometer reflects mileage in excess of the          826          

designed mechanical limit of the odometer, the clerk shall enter   827          

the phrase "exceeds mechanical limits" following the mileage       828          

designation.  If the transferor indicates on the certificate of    829          

title that the odometer reading is not the actual mileage, the     830          

clerk shall enter the phrase "nonactual: warning - odometer        832          

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    834          

the transferor, but is not liable for any errors or omissions of   835          

the clerk or those of the clerk's deputies in the performance of   836          

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      838          

transferor shall swear to the true selling price and, except as    839          

provided in this division, the true odometer reading of the motor  840          

vehicle.  The registrar may prescribe an affidavit in which the    841          

seller and buyer provide information pertaining to the odometer    842          

reading of the motor vehicle in addition to that required by this  843          

section, as such information may be required by the United States  844          

secretary of transportation by rule prescribed under authority of  845          

subchapter IV of the "Motor Vehicle Information and Cost Savings   846          

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         847          

      (2)  Division (C)(1) of this section does not require the    850          

giving of information concerning the odometer and odometer         851          

                                                          22     

                                                                 
reading of a motor vehicle when ownership of a motor vehicle is    852          

being transferred as a result of a bequest, under the laws of      853          

intestate succession, to a surviving spouse pursuant to section    854          

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            855          

connection with the creation of a security interest.               856          

      (D)  When the transfer to the applicant was made in some     858          

other state or in interstate commerce, the clerk, except as        859          

provided in this section, shall refuse to issue any certificate    860          

of title unless the tax imposed by or pursuant to Chapter 5741.    862          

of the Revised Code has been paid as evidenced by a receipt        863          

issued by the tax commissioner, or unless the applicant submits    864          

with the application payment of the tax.  Upon payment of the tax  865          

in accordance with division (E) of this section, the clerk shall   866          

issue a receipt prescribed by the registrar and agreed upon by     868          

the tax commissioner, showing payment of the tax.  For receiving   869          

and disbursing such taxes paid to the clerk, the clerk may retain  870          

a poundage fee of one per cent.  When the vendor is not regularly  871          

engaged in the business of selling motor vehicles, the vendor      873          

shall not be required to purchase a vendor's license or make       874          

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    876          

or by certified check, draft, or money order payable to the clerk  877          

and submitted with an application for a certificate of title       879          

under division (B) or (D) of this section.  The clerk also may     880          

accept payment of the tax by corporate, business, or personal      881          

check, credit card, electronic transfer or wire transfer, debit    882          

card, or any other accepted form of payment made payable to the    883          

clerk.  The clerk may require bonds, guarantees, or letters of     884          

credit to ensure the collection of corporate, business, or         885          

personal checks.  Any service fee charged by a third party to a    886          

clerk for the use of any form of payment may be paid by the clerk  887          

from the certificate of title administration fund created in       888          

section 325.33 of the Revised Code, or may be assessed by the      889          

clerk upon the applicant as an additional fee.  Upon collection,   890          

                                                          23     

                                                                 
the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          891          

      The clerk shall make a good faith effort to collect any      893          

payment of taxes due but not made because the payment was          894          

returned or dishonored, but the clerk is not personally liable     895          

for the payment of uncollected taxes or uncollected fees.  The     896          

clerk shall notify the tax commissioner of any such payment of     897          

taxes that is due but not made and shall furnish such information  898          

to the commissioner as the commissioner requires.  The clerk       899          

shall deduct the amount of taxes due but not paid from the         900          

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

procedures agreed upon by the tax commissioner.  The commissioner  901          

may collect taxes due by assessment in the manner provided in      902          

section 5739.13 of the Revised Code.                                            

      Any person who presents payment that is returned or          904          

dishonored for any reason is liable to the clerk for payment of a  905          

penalty over and above the amount of the taxes due.  The clerk     906          

shall determine the amount of the penalty, which shall be no       907          

greater than that amount necessary to compensate the clerk for     908          

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

clerk in collecting the returned or dishonored payment.  The       909          

remedies and procedures provided in this section are in addition   910          

to any other available civil or criminal remedies.  Subsequently   911          

collected penalties, poundage, and title fees, less any title fee  913          

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              914          

administration fund.  Subsequently collected taxes, less           915          

poundage, shall be sent by the clerk to the treasurer of state at  916          

the next scheduled periodic remittance of tax payments, with such  917          

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       918          

      (F)  In the following cases, the clerk shall accept for      920          

filing such application and shall issue a certificate of title     921          

without requiring payment or evidence of payment of the tax:       922          

                                                          24     

                                                                 
      (1)  When the purchaser is this state or any of its          924          

political subdivisions, a church, or an organization whose         925          

purchases are exempted by section 5739.02 of the Revised Code;     926          

      (2)  When the transaction in this state is not a retail      928          

sale as defined by section 5739.01 of the Revised Code;            929          

      (3)  When the purchase is outside this state or in           931          

interstate commerce and the purpose of the purchaser is not to     932          

use, store, or consume within the meaning of section 5741.01 of    933          

the Revised Code;                                                  934          

      (4)  When the purchaser is the federal government;           936          

      (5)  When the motor vehicle was purchased outside this       938          

state for use outside this state;                                  939          

      (6)  When the motor vehicle is purchased by a nonresident    941          

of this state for immediate removal from this state, and will be   942          

permanently titled and registered in another state, as provided    943          

by division (B)(23) of section 5739.02 of the Revised Code, and    944          

upon presentation of a copy of the affidavit provided by that      945          

section, and a copy of the exemption certificate provided by       946          

section 5739.03 of the Revised Code.                               947          

      The clerk shall forward all payments of taxes, less          949          

poundage fee, to the treasurer of state in a manner to be          950          

prescribed by the tax commissioner and shall furnish such          951          

information to the commissioner as the commissioner requires.      952          

      (G)  An application, as prescribed by the registrar and      955          

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          956          

application shall contain the following notice in bold lettering:  957          

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     958          

are required by law to state the true selling price.  A false      959          

statement is in violation of section 2921.13 of the Revised Code   961          

and is punishable by six months imprisonment or a fine of up to    962          

one thousand dollars, or both.  All transfers are audited by the   963          

department of taxation.  The seller and buyer must provide any     964          

information requested by the department of taxation.  The buyer                 

                                                          25     

                                                                 
may be assessed any additional tax found to be due."               965          

      Sec. 4505.09.  (A)  The clerk of the court of common pleas   975          

shall charge a fee of five dollars for each certificate of title   976          

that is not applied for within thirty days after the assignment    977          

or delivery of the motor vehicle described therein.  The fees      978          

shall be retained by the clerk.                                    979          

      In addition to those fees, the clerk shall charge a fee of   981          

five dollars for each certificate of title, duplicate certificate  983          

of title, memorandum certificate of title, and notation of any     984          

lien on a certificate of title.  The clerk shall retain two        985          

dollars and twenty-five cents of the fee charged for each          986          

certificate of title, four dollars and seventy-five cents of the   987          

fee charged for each duplicate certificate of title, all of the    988          

fees charged for each memorandum certificate, and four dollars     989          

and twenty-five cents of the fee charged for each notation of a    990          

lien.                                                                           

      The remaining two dollars and seventy-five cents charged     992          

for the certificate of title, the remaining twenty-five cents      993          

charged for the duplicate certificate of title, and the remaining  995          

seventy-five cents charged for the notation of any lien on a       996          

certificate of title shall be paid to the registrar of motor                    

vehicles by monthly returns, which shall be forwarded to the       997          

registrar not later than the fifth day of the month next           998          

succeeding that in which the certificate is issued or that in      999          

which the registrar is notified of a lien or cancellation          1,000        

thereof.                                                           1,001        

      (B)(1)  The registrar shall pay twenty-five cents of the     1,003        

amount received for each certificate of title and all of the       1,004        

amounts received for each notation of any lien and each duplicate  1,005        

certificate of title into the state bureau of motor vehicles fund  1,007        

established in section 4501.25 of the Revised Code.                             

      (2)  Fifty cents of the amount received for each             1,009        

certificate of title shall be paid by the registrar as follows:    1,010        

      (a)  Four cents shall be paid into the state treasury to     1,012        

                                                          26     

                                                                 
the credit of the motor vehicle dealers board fund, which is       1,013        

hereby created.  All investment earnings of the fund shall be      1,014        

credited to the fund.  The moneys in the motor vehicle dealers     1,015        

board fund shall be used by the motor vehicle dealers board        1,016        

created under section 4517.30 of the Revised Code, together with   1,018        

other moneys appropriated to it, in the exercise of its powers     1,019        

and the performance of its duties under Chapter 4517. of the       1,020        

Revised Code, except that the director of budget and management    1,021        

may transfer excess money from the motor vehicle dealers board     1,022        

fund to the bureau of motor vehicles fund if the registrar         1,023        

determines that the amount of money in the motor vehicle dealers                

board fund, together with other moneys appropriated to the board,  1,025        

exceeds the amount required for the exercise of its powers and     1,026        

the performance of its duties under Chapter 4517. of the Revised   1,027        

Code and requests the director to make the transfer.               1,028        

      (b)  Twenty-one cents shall be paid into the general         1,030        

revenue fund;                                                      1,031        

      (c)  Twenty-five cents shall be paid into the state          1,033        

treasury to the credit of the motor vehicle sales audit fund,      1,034        

which is hereby created.  The moneys in the fund shall be used by  1,035        

the tax commissioner together with other funds available to the    1,037        

commissioner to conduct a continuing investigation of sales and    1,038        

use tax returns filed for motor vehicles in order to determine if  1,039        

sales and use tax liability has been satisfied.  The commissioner  1,040        

shall refer cases of apparent violations of section 2921.13 of     1,041        

the Revised Code made in connection with the titling or sale of a  1,042        

motor vehicle and cases of any other apparent violations of the    1,043        

sales or use tax law to the appropriate county prosecutor          1,044        

whenever the commissioner considers it advisable.                  1,045        

      (3)  Two dollars of the amount received by the registrar     1,047        

for each certificate of title shall be paid into the state         1,048        

treasury to the credit of the automated title processing fund,     1,049        

which is hereby created and which shall consist of moneys          1,050        

collected under division (B)(3) of this section and under section  1,051        

                                                          27     

                                                                 
SECTIONS 1548.10 AND 4519.59 of the Revised Code.  All investment  1,052        

earnings of the fund shall be credited to the fund.  The moneys    1,054        

in the fund shall be used as follows:                                           

      (a)  Moneys EXCEPT FOR MONEYS COLLECTED UNDER SECTION        1,056        

1548.10 OF THE REVISED CODE, MONEYS collected under this division  1,057        

(B)(3) OF THIS SECTION shall be used to implement and maintain an  1,059        

automated title processing system for the issuance of motor        1,060        

vehicle, OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE           1,061        

certificates of title in the offices of the clerks of the courts   1,062        

of common pleas;                                                                

      (b)  Moneys collected under section 1548.10 of the Revised   1,064        

Code shall be used to issue marine certificates of title in the    1,065        

offices of the clerks of the courts of common pleas as provided    1,066        

in Chapter 1548. of the Revised Code.                              1,067        

      (C)(1)  The automated title processing board is hereby       1,069        

created consisting of the registrar or the registrar's             1,070        

representative, a person selected by the registrar, the president  1,072        

of the Ohio clerks of court association or the president's         1,073        

representative, and two clerks of courts of common pleas           1,075        

appointed by the governor.  The director of budget and management  1,076        

or the director's designee, the chief of the division of           1,078        

watercraft in the department of natural resources or the chief's   1,079        

designee, and the tax commissioner or the commissioner's designee  1,080        

shall be nonvoting members of the board.                           1,081        

      (2)  The automated title processing board shall determine    1,083        

each of the following:                                             1,084        

      (a)  The automated title processing equipment and            1,086        

certificates of title requirements for each county;                1,087        

      (b)  The payment of expenses that may be incurred by the     1,089        

counties in implementing an automated title processing system;     1,090        

      (c)  The repayment to the counties for existing title        1,092        

processing equipment.                                              1,093        

      (3)  The registrar shall purchase, lease, or otherwise       1,095        

acquire any automated title processing equipment and certificates  1,096        

                                                          28     

                                                                 
of title that the board determines are necessary from moneys in    1,097        

the automated title processing fund established by division        1,098        

(B)(3) of this section.  Each county issuing more than one         1,099        

hundred thousand certificates of title annually, with the          1,100        

approval of the registrar and in accordance with the registrar's   1,101        

requirements, may purchase and maintain an automated title         1,102        

processing system for the issuance of motor vehicle titles,        1,103        

CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE  1,104        

VEHICLES, and certificates of title for watercraft and outboard    1,106        

motors with the cost of the system paid for from the automated     1,107        

processing title fund.                                                          

      (D)  All counties shall conform to the requirements of the   1,109        

registrar regarding the operation of their automated title         1,110        

processing system for motor vehicle titles, CERTIFICATES OF TITLE  1,111        

FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and          1,112        

certificates of title for watercraft and outboard motors.          1,114        

      Sec. 4511.85.  (A)  The operator of a chauffeured limousine  1,123        

shall accept passengers only on the basis of prearranged           1,124        

contracts, as defined in division (GG)(LL) of section 4501.01 of   1,126        

the Revised Code, and shall not cruise in search of patronage      1,127        

unless the limousine is in compliance with any statute or          1,128        

ordinance governing the operation of taxicabs or other similar     1,129        

vehicles for hire.                                                 1,130        

      (B)  No person shall advertise or hold himself SELF out as   1,132        

doing business as a limousine service or livery service or other   1,133        

similar designation unless each vehicle used by him THE PERSON to  1,135        

provide the service is registered in accordance with section       1,136        

4503.24 of the Revised Code and is in compliance with section      1,137        

4509.80 of the Revised Code.                                       1,138        

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     1,147        

the Revised Code:                                                  1,148        

      (A)  "Persons" includes individuals, firms, partnerships,    1,150        

associations, joint stock companies, corporations, and any         1,151        

combinations of individuals.                                       1,152        

                                                          29     

                                                                 
      (B)  "Motor vehicle" means motor vehicle as defined in       1,154        

section 4501.01 of the Revised Code AND ALSO INCLUDES              1,155        

"ALL-PURPOSE VEHICLE" AND "OFF-HIGHWAY MOTORCYCLE" AS THOSE TERMS  1,156        

ARE DEFINED IN SECTION 4519.01 OF THE REVISED CODE.                1,157        

      (C)  "New motor vehicle" means a motor vehicle, the legal    1,159        

title to which has never been transferred by a manufacturer,       1,160        

remanufacturer, distributor, or dealer to an ultimate purchaser.   1,161        

      (D)  "Ultimate purchaser" means, with respect to any new     1,163        

motor vehicle, the first person, other than a dealer purchasing    1,164        

in the capacity of a dealer, who in good faith purchases such new  1,166        

motor vehicle for purposes other than resale.                      1,167        

      (E)  "Business" includes any activities engaged in by any    1,169        

person for the object of gain, benefit, or advantage either        1,170        

direct or indirect.                                                1,171        

      (F)  "Engaging in business" means commencing, conducting,    1,173        

or continuing in business, or liquidating a business when the      1,174        

liquidator thereof holds self out to be conducting such business;  1,177        

making a casual sale or otherwise making transfers in the          1,178        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     1,179        

the transferor's assets is not engaging in business.               1,180        

      (G)  "Retail sale" or "sale at retail" means the act or      1,182        

attempted act of selling, bartering, exchanging, or otherwise      1,183        

disposing of a motor vehicle to an ultimate purchaser for use as   1,184        

a consumer.                                                        1,185        

      (H)  "Retail installment contract" includes any contract in  1,187        

the form of a note, chattel mortgage, conditional sales contract,  1,188        

lease, agreement, or other instrument payable in one or more       1,189        

installments over a period of time and arising out of the retail   1,190        

sale of a motor vehicle.                                           1,191        

      (I)  "Farm machinery" means all machines and tools used in   1,193        

the production, harvesting, and care of farm products.             1,194        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  1,196        

vehicle dealer, any motor vehicle leasing dealer, and any used     1,197        

                                                          30     

                                                                 
motor vehicle dealer.                                              1,198        

      (K)  "New motor vehicle dealer" means any person engaged in  1,200        

the business of selling at retail, displaying, offering for sale,  1,201        

or dealing in new motor vehicles pursuant to a contract or         1,202        

agreement entered into with the manufacturer, remanufacturer, or   1,203        

distributor of the motor vehicles.                                 1,204        

      (L)  "Used motor vehicle dealer" means any person engaged    1,206        

in the business of selling, displaying, offering for sale, or      1,207        

dealing in used motor vehicles, at retail or wholesale, but does   1,208        

not mean any new motor vehicle dealer selling, displaying,         1,209        

offering for sale, or dealing in used motor vehicles incidentally  1,210        

to engaging in the business of selling, displaying, offering for   1,211        

sale, or dealing in new motor vehicles, any person engaged in the  1,212        

business of dismantling, salvaging, or rebuilding motor vehicles   1,213        

by means of using used parts, or any public officer performing     1,214        

official duties.                                                   1,215        

      (M)  "Motor vehicle leasing dealer" means any person         1,217        

engaged in the business of regularly making available, offering    1,218        

to make available, or arranging for another person to use a motor  1,219        

vehicle pursuant to a bailment, lease, or other contractual        1,220        

arrangement under which a charge is made for its use at a          1,221        

periodic rate for a term of thirty days or more, and title to the  1,222        

motor vehicle is in a person other than the user, but does not     1,223        

mean a manufacturer or its affiliate leasing to its employees or   1,224        

to dealers.                                                        1,225        

      (N)  "Salesperson" means any person employed by a dealer or  1,227        

manufactured home broker to sell, display, and offer for sale, or  1,228        

deal in motor vehicles for a commission, compensation, or other    1,230        

valuable consideration, but does not mean any public officer       1,231        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  1,233        

a person other than a new motor vehicle dealer, used motor         1,234        

vehicle dealer, motor vehicle salvage dealer, as defined in        1,235        

division (A) of section 4738.01 of the Revised Code, salesperson,  1,236        

                                                          31     

                                                                 
motor vehicle auction owner, manufacturer, or distributor acting   1,237        

in the capacity of a dealer, salesperson, auction owner,           1,238        

manufacturer, or distributor, to a person who purchases the motor  1,239        

vehicle for use as a consumer.                                     1,240        

      (P)  "Motor vehicle show" means a display of current models  1,242        

of motor vehicles whereby the primary purpose is the exhibition    1,243        

of competitive makes and models in order to provide the general    1,244        

public the opportunity to review and inspect various makes and     1,245        

models of motor vehicles at a single location.                     1,246        

      (Q)  "Motor vehicle auction owner" means any person who is   1,248        

engaged wholly or in part in the business of auctioning motor      1,249        

vehicles.                                                          1,250        

      (R)  "Manufacturer" means a person who manufactures,         1,252        

assembles, or imports motor vehicles, including motor homes, but   1,253        

does not mean a person who only assembles or installs a body,      1,254        

special equipment unit, finishing trim, or accessories on a motor  1,255        

vehicle chassis supplied by a manufacturer or distributor.         1,256        

      (S)  "Tent-type fold out camping trailer" means any vehicle  1,258        

intended to be used, when stationary, as a temporary shelter with  1,259        

living and sleeping facilities, and which is subject to the        1,260        

following properties and limitations:                              1,261        

      (1)  A minimum of twenty-five per cent of the fold out       1,263        

portion of the top and sidewalls combined must be constructed of   1,264        

canvas, vinyl, or other fabric, and form an integral part of the   1,265        

shelter.                                                           1,266        

      (2)  When folded, the unit must not exceed:                  1,268        

      (a)  Fifteen feet in length, exclusive of bumper and         1,270        

tongue;                                                            1,271        

      (b)  Sixty inches in height from the point of contact with   1,273        

the ground;                                                        1,274        

      (c)  Eight feet in width;                                    1,276        

      (d)  One ton gross weight at time of sale.                   1,278        

      (T)  "Distributor" means any person authorized by a motor    1,280        

vehicle manufacturer to distribute new motor vehicles to licensed  1,281        

                                                          32     

                                                                 
new motor vehicle dealers, but does not mean a person who only     1,282        

assembles or installs a body, special equipment unit, finishing    1,283        

trim, or accessories on a motor vehicle chassis supplied by a      1,284        

manufacturer or distributor.                                       1,285        

      (U)  "Flea market" means a market place, other than a        1,287        

dealer's location licensed under this chapter, where a space or    1,288        

location is provided for a fee or compensation to a seller to      1,289        

exhibit and offer for sale or trade, motor vehicles to the         1,290        

general public.                                                    1,291        

      (V)  "Franchise" means any written agreement, contract, or   1,293        

understanding between any motor vehicle manufacturer or            1,294        

remanufacturer engaged in commerce and any motor vehicle dealer,   1,295        

which purports to fix the legal rights and liabilities of the      1,296        

parties to such agreement, contract, or understanding.             1,297        

      (W)  "Franchisee" means a person who receives new motor      1,299        

vehicles from the franchisor under a franchise agreement and who   1,300        

offers, sells, and provides service for such new motor vehicles    1,301        

to the general public.                                             1,302        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    1,304        

remanufacturer, or distributor who supplies new motor vehicles     1,305        

under a franchise agreement to a franchisee.                       1,306        

      (Y)  "Dealer organization" means a state or local trade      1,308        

association the membership of which is comprised predominantly of  1,309        

new motor vehicle dealers.                                         1,310        

      (Z)  "Factory representative" means a representative         1,312        

employed by a manufacturer, remanufacturer, or by a factory        1,313        

branch primarily for the purpose of promoting the sale of its      1,314        

motor vehicles, parts, or accessories to dealers or for            1,315        

supervising or contacting its dealers or prospective dealers.      1,316        

      (AA)  "Administrative or executive management" means those   1,318        

individuals who are not subject to federal wage and hour laws.     1,319        

      (BB)  "Good faith" means honesty in the conduct or           1,321        

transaction concerned and the observance of reasonable commercial  1,322        

standards of fair dealing in the trade as is defined in division   1,323        

                                                          33     

                                                                 
(S) of section 1301.01 of the Revised Code, including, but not     1,324        

limited to, the duty to act in a fair and equitable manner so as   1,325        

to guarantee freedom from coercion, intimidation, or threats of    1,326        

coercion or intimidation; provided however, that recommendation,   1,327        

endorsement, exposition, persuasion, urging, or argument shall     1,328        

not be considered to constitute a lack of good faith.              1,329        

      (CC)  "Coerce" means to compel or attempt to compel by       1,331        

failing to act in good faith or by threat of economic harm,        1,332        

breach of contract, or other adverse consequences.  Coerce does    1,333        

not mean to argue, urge, recommend, or persuade.                   1,334        

      (DD)  "Relevant market area" means any area within a radius  1,336        

of ten miles from the site of a potential new dealership, except   1,337        

that for manufactured home or recreational vehicle dealerships     1,338        

the radius shall be twenty-five miles.                             1,339        

      (EE)  "Wholesale" or "at wholesale" means the act or         1,341        

attempted act of selling, bartering, exchanging, or otherwise      1,342        

disposing of a motor vehicle to a transferee for the purpose of    1,343        

resale and not for ultimate consumption by that transferee.        1,344        

      (FF)  "Motor vehicle wholesaler" means any person licensed   1,346        

as a dealer under the laws of another state and engaged in the     1,348        

business of selling, displaying, or offering for sale used motor   1,349        

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

dealer as defined in this section.                                 1,350        

      (GG)  "Remanufacturer" means a person who assembles or       1,352        

installs passenger seating, walls, a roof elevation, or a body     1,353        

extension on a conversion van with the motor vehicle chassis       1,354        

supplied by a manufacturer or distributor, a person who modifies   1,356        

a truck chassis supplied by a manufacturer or distributor for use  1,357        

as a public safety or public service vehicle, or a person who      1,358        

modifies a motor vehicle chassis supplied by a manufacturer or     1,359        

distributor for use as a limousine or hearse, but does not mean    1,360        

either of the following:                                                        

      (1)  A person who assembles or installs passenger seating,   1,362        

walls, a roof elevation, or a body extension on a manufactured     1,363        

                                                          34     

                                                                 
home as defined in division (O) and referred to in division (B)    1,364        

of section 4501.01 of the Revised Code or a recreational vehicle   1,365        

as defined in division (Q) and referred to in division (B) of      1,366        

section 4501.01 of the Revised Code;                               1,367        

      (2)  A person who assembles or installs special equipment    1,369        

or accessories for handicapped persons, as defined in section      1,370        

4503.44 of the Revised Code, upon a motor vehicle chassis          1,371        

supplied by a manufacturer or distributor.                         1,372        

      For the purposes of division (GG) of this section, "public   1,374        

safety vehicle or public service vehicle" means a fire truck,      1,375        

ambulance, school bus, street sweeper, garbage packing truck, or   1,376        

cement mixer, or a mobile self-contained facility vehicle.         1,377        

      For the purposes of division (GG) of this section,           1,379        

"limousine" means a motor vehicle, designed only for the purpose   1,380        

of carrying nine or fewer passengers, that a person modifies by    1,381        

cutting the original chassis, lengthening the wheelbase by forty   1,382        

inches or more, and reinforcing the chassis in such a way that     1,384        

all modifications comply with all applicable federal motor                      

vehicle safety standards.  No person shall qualify as or be        1,385        

deemed to be a remanufacturer who produces limousines unless the   1,386        

person has a written agreement with the manufacturer of the        1,387        

chassis the person utilizes to produce the limousines to complete  1,388        

properly the remanufacture of the chassis into limousines.         1,389        

      For the purposes of division (GG) of this section, "hearse"  1,392        

means a motor vehicle, designed only for the purpose of            1,393        

transporting a single casket, that is equipped with a compartment  1,394        

designed specifically to carry a single casket that a person       1,395        

modifies by cutting the original chassis, lengthening the          1,396        

wheelbase by ten inches or more, and reinforcing the chassis in    1,397        

such a way that all modifications comply with all applicable       1,398        

federal motor vehicle safety standards.  No person shall qualify   1,399        

as or be deemed to be a remanufacturer who produces hearses        1,400        

unless the person has a written agreement with the manufacturer    1,401        

of the chassis the person utilizes to produce the hearses to       1,402        

                                                          35     

                                                                 
complete properly the remanufacture of the chassis into hearses.   1,403        

      For the purposes of division (GG) of this section, "mobile   1,406        

self-contained facility vehicle" means a mobile classroom          1,407        

vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,       1,408        

testing laboratory, and mobile display vehicle, each of which is   1,409        

designed for purposes other than for passenger transportation and  1,411        

other than the transportation or displacement of cargo, freight,   1,412        

materials, or merchandise.  A vehicle is remanufactured into a     1,413        

mobile self-contained facility vehicle in part by the addition of  1,414        

insulation to the body shell, and installation of all of the       1,415        

following:  a generator, electrical wiring, plumbing, holding      1,416        

tanks, doors, windows, cabinets, shelving, and heating,                         

ventilating, and air conditioning systems.                         1,417        

      (HH)  "Operating as a new motor vehicle dealership" means    1,419        

engaging in activities such as displaying, offering for sale, and  1,420        

selling new motor vehicles at retail, operating a service          1,421        

facility to perform repairs and maintenance on motor vehicles,     1,422        

offering for sale and selling motor vehicle parts at retail, and   1,423        

conducting all other acts that are usual and customary to the      1,424        

operation of a new motor vehicle dealership.  For the purposes of  1,425        

this chapter only, possession of either a valid new motor vehicle  1,426        

dealer franchise agreement or a new motor vehicle dealers          1,427        

license, or both of these items, is not evidence that a person is  1,428        

operating as a new motor vehicle dealership.                       1,429        

      (II)  "Manufactured home broker" means any person acting as  1,431        

a selling agent on behalf of an owner of a manufactured home that  1,432        

is subject to taxation under section 4503.06 of the Revised Code.  1,433        

      Sec. 4519.01.  As used in Chapter 4519. of the Revised Code  1,443        

THIS CHAPTER:                                                                   

      (A)  "Snowmobile" means any self-propelled vehicle designed  1,445        

primarily for use on snow or ice, and steered by skis, runners,    1,446        

or caterpillar treads.                                             1,447        

      (B)  "All-purpose vehicle" means any self-propelled vehicle  1,449        

designed primarily for cross-country travel on land and water, or  1,450        

                                                          36     

                                                                 
on more than one type of terrain, and steered by wheels or         1,451        

caterpillar trends TREADS, or any combination thereof, including   1,452        

vehicles that operate on a cushion of air, vehicles commonly       1,453        

known as all-terrain vehicles, all-season vehicles, mini-bikes,    1,454        

and trail bikes, but excluding any self-propelled vehicle not      1,455        

principally used for purposes of personal transportation, any      1,456        

vehicle principally used in playing golf, any motor vehicle or     1,457        

aircraft required to be registered under Chapter 4503. or 4561.    1,458        

of the Revised Code, and any vehicle excepted from definition as   1,459        

a motor vehicle by division (B) of section 4501.01 of the Revised  1,460        

Code.                                                              1,461        

      (C)  "Owner" means any person, firm, or corporation, other   1,463        

than a lienholder or dealer, having title to a snowmobile,         1,464        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to  1,466        

the possession thereof.                                                         

      (D)  "Operator" means any person who operates or is in       1,468        

actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,469        

or all-purpose vehicle.                                            1,471        

      (E)  "Dealer" means any person, firm, or corporation         1,473        

engaged in the business of manufacturing or selling snowmobiles,   1,474        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or   1,476        

retail, or who rents, leases, or otherwise furnishes snowmobiles,  1,477        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire.         1,479        

      (F)  "Street or highway" has the same meaning as given that  1,481        

term in division (BB) of section 4511.01 of the Revised Code.      1,482        

      (G)  "Limited access highway" and "freeway" have the same    1,484        

meaning as given those terms in section 5511.02 of the Revised     1,485        

Code.                                                              1,486        

      (H)  "Interstate highway" means any part of the interstate   1,488        

system of highways as defined in subsection (e), 90 Stat. 431      1,489        

(1976), 23 U.S.C.A. 103, and amendments thereof.                   1,490        

      (I)  "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS     1,492        

DEFINED IN SECTION 4511.01 OF THE REVISED CODE, THAT IS DESIGNED   1,493        

TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY.  1,494        

                                                          37     

                                                                 
      Sec. 4519.02.  (A)  Except as provided in divisions (B),     1,503        

(C), and (D) of this section, no person shall operate any          1,504        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within  1,506        

this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or       1,507        

all-purpose vehicle is registered and numbered in accordance with  1,509        

sections 4519.03 and 4519.04 of the Revised Code.                               

      (B)  No registration is required for a snowmobile,           1,511        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated    1,512        

exclusively upon lands owned by the owner of the snowmobile,       1,514        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to     1,516        

which the owner has a contractual right.                                        

      (C)  No registration is required for a snowmobile,           1,518        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   1,519        

this state by a resident of another state whenever that state has  1,521        

in effect a registration law similar to Chapter 4519. of the       1,522        

Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY          1,524        

MOTORCYCLE, or all-purpose vehicle is properly registered          1,525        

thereunder.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all        1,527        

purpose vehicle owned and used in this state by a resident of      1,528        

another state not having such a registration requirement shall     1,529        

comply with section 4519.09 of the Revised Code.                   1,530        

      (D)  No registration is required for a snowmobile,           1,532        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in   1,533        

this state by the United States, another state, or a political     1,535        

subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,536        

or all-purpose vehicle shall display the name of the owner         1,539        

thereon.                                                                        

      (E)  The owner or operator of any all-purpose vehicle        1,541        

operated or used upon the waters in this state shall also comply   1,542        

with Chapters 1547. and 1548. of the Revised Code relative to the  1,543        

operation of watercraft.                                           1,544        

      Sec. 4519.03.  (A)  The owner of every snowmobile,           1,553        

OFF-HIGHWAY MOTORCYCLE, and all-purpose vehicle required to be     1,556        

registered under section 4519.02 of the Revised Code shall file    1,558        

                                                          38     

                                                                 
an application for registration with the registrar of motor        1,559        

vehicles or a deputy registrar, on blanks furnished by the         1,560        

registrar for that purpose and containing ALL OF the following     1,561        

information:                                                                    

      (A)(1)  A brief description of the snowmobile, OFF-HIGHWAY   1,564        

MOTORCYCLE, or all-purpose vehicle, including the name of the      1,567        

manufacturer and, the factory or model number, AND THE VEHICLE     1,569        

IDENTIFICATION NUMBER;                                                          

      (B)(2)  The name, residence, and business address of the     1,571        

owner;                                                             1,572        

      (C)(3)  A statement that the snowmobile, OFF-HIGHWAY         1,574        

MOTORCYCLE, or all-purpose vehicle is equipped as required by      1,577        

section 4519.20 of the Revised Code, and any rule adopted          1,578        

thereunder.  The statement shall include a check list of the       1,579        

required equipment items in such form as the registrar shall       1,580        

prescribe.                                                                      

      The application shall be signed by the owner of the          1,582        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and     1,585        

shall be accompanied by a fee as provided in division (D)(C) of    1,587        

section 4519.04 of the Revised Code.                                            

      If the application is not in proper form, or if the vehicle  1,589        

for which registration is sought does not appear to be equipped    1,590        

as required by section 4519.20 of the Revised Code, and OR any     1,591        

rule adopted thereunder, the registration shall be refused AND NO  1,592        

REGISTRATION STICKER SHALL BE ISSUED.                              1,593        

      (B)  ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, NO   1,595        

CERTIFICATE OF REGISTRATION OR RENEWAL OF SUCH A CERTIFICATE       1,596        

SHALL BE ISSUED FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,597        

VEHICLE REQUIRED TO BE REGISTERED UNDER SECTION 4519.02 OF THE     1,599        

REVISED CODE, AND NO CERTIFICATE OF REGISTRATION ISSUED UNDER      1,600        

THIS CHAPTER FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE  1,601        

THAT IS SOLD OR OTHERWISE TRANSFERRED SHALL BE TRANSFERRED TO THE  1,602        

NEW OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS  1,603        

PERMITTED BY DIVISION (B) OF SECTION 4519.05 OF THE REVISED CODE,  1,606        

                                                          39     

                                                                 
UNLESS A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER THIS CHAPTER   1,607        

FOR THE MOTORCYCLE OR VEHICLE, AND THE OWNER OR NEW OWNER, AS THE  1,608        

CASE MAY BE, PRESENTS THE CERTIFICATE OF TITLE OR A MEMORANDUM     1,609        

CERTIFICATE OF TITLE FOR INSPECTION AT THE TIME THE OWNER OR NEW   1,610        

OWNER FIRST SUBMITS A REGISTRATION APPLICATION, REGISTRATION       1,611        

RENEWAL APPLICATION, OR REGISTRATION TRANSFER APPLICATION FOR THE  1,612        

MOTORCYCLE OR VEHICLE ON OR AFTER THE EFFECTIVE DATE OF THIS       1,613        

AMENDMENT.                                                                      

      (C)  WHEN THE OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR          1,616        

ALL-PURPOSE VEHICLE FIRST REGISTERS IT IN THE OWNER'S NAME, AND A  1,617        

CERTIFICATE OF TITLE HAS BEEN ISSUED FOR THE MOTORCYCLE OR         1,618        

VEHICLE, THE OWNER SHALL PRESENT FOR INSPECTION A CERTIFICATE OF   1,619        

TITLE OR MEMORANDUM CERTIFICATE OF TITLE SHOWING TITLE TO THE      1,620        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE   1,621        

OWNER.  IF, WHEN THE OWNER OF SUCH A MOTORCYCLE OR VEHICLE FIRST   1,622        

MAKES APPLICATION TO REGISTER IT IN THE OWNER'S NAME, THE          1,623        

APPLICATION IS NOT IN PROPER FORM OR IF THE CERTIFICATE OF TITLE   1,624        

OR MEMORANDUM CERTIFICATE OF TITLE DOES NOT ACCOMPANY THE          1,625        

REGISTRATION, THE REGISTRATION SHALL BE REFUSED AND NEITHER A      1,626        

CERTIFICATE OF REGISTRATION NOR A REGISTRATION STICKER SHALL BE    1,627        

ISSUED.  WHEN A CERTIFICATE OF REGISTRATION AND REGISTRATION       1,628        

STICKER ARE ISSUED UPON THE FIRST REGISTRATION OF AN OFF-HIGHWAY   1,629        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OR ON BEHALF OF THE OWNER,    1,630        

THE OFFICIAL ISSUING THEM SHALL INDICATE THE ISSUANCE WITH A       1,631        

STAMP ON THE CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF     1,632        

TITLE.                                                                          

      (D)  Each deputy registrar shall be allowed a fee of two     1,634        

dollars and twenty-five cents for each application or renewal      1,635        

application received by him THE DEPUTY REGISTRAR, which shall be   1,636        

for the purpose of compensating the deputy registrar for his       1,638        

services, and such office and rental expense, as may be necessary  1,639        

for the proper discharge of his THE DEPUTY REGISTRAR'S duties in   1,642        

the receiving of applications and the issuing of certificates of   1,643        

registration.                                                                   

                                                          40     

                                                                 
      Each deputy registrar shall, upon receipt of any             1,645        

application for registration, together with the registration fee,  1,646        

SHALL transmit the fee, together with the original and duplicate   1,647        

copy of the application, to the registrar in such manner and at    1,648        

such times as the registrar, subject to the approval of the        1,649        

director of public safety and the treasurer of state, shall        1,650        

prescribe by rule.                                                 1,651        

      Sec. 4519.031.  The registrar of motor vehicles shall        1,660        

transmit to the tax commissioner the names, addresses, and any     1,661        

other information requested by the commissioner, of all persons    1,662        

who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose  1,664        

vehicle under section 4519.03 of the Revised Code.  Such           1,665        

information shall be transmitted in such A form as agreed to by    1,666        

the registrar and the commissioner.                                1,667        

      Sec. 4519.04.  (A)  Upon the filing of an application for    1,676        

registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or           1,677        

all-purpose vehicle and the payment of the tax therefor, the       1,679        

registrar of motor vehicles or a deputy registrar shall assign to  1,680        

the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a   1,682        

distinctive number and issue and deliver to the owner in such                   

manner as the registrar may select, a certificate of               1,683        

registration, in such form as the registrar shall prescribe.  Any  1,684        

number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or     1,686        

all-purpose vehicle shall be a permanent number, and shall not be  1,687        

issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or         1,688        

all-purpose vehicle, except as provided in section 4519.05 of the  1,690        

Revised Code.                                                                   

      IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE          1,692        

REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF     1,693        

THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A   1,694        

REGISTRATION STICKER.  THE REGISTRAR SHALL PRESCRIBE THE COLOR     1,695        

AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS   1,696        

DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE,   1,697        

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE.                    1,698        

                                                          41     

                                                                 
      (B)  Upon receipt of a certificate of registration for a     1,700        

snowmobile or all-purpose vehicle other than a mini-bike or trail  1,701        

bike, the owner shall paint on the vehicle or otherwise attach in  1,703        

such manner as the registrar shall prescribe, UPON EACH SIDE OF    1,705        

THE FORWARD COWLING OF THE SNOWMOBILE the identifying              1,707        

registration number, in block characters of not less than two      1,709        

inches in height and of such color as to be distinctly visible     1,710        

and legible, as follows:                                           1,711        

      (1)  In the case of a snowmobile, the number shall be        1,713        

displayed upon each side of the forward cowling.                   1,714        

      (2)  In the case of an all-purpose vehicle, the number       1,716        

shall be displayed upon the front and rear of the vehicle.         1,717        

      (C)  the certificate of registration for a mini-bike or      1,720        

trail bike shall be evidenced and displayed on the vehicle in      1,721        

such manner as the registrar shall prescribe.                      1,722        

      (D)(C)  Unless previously canceled, each certificate of      1,724        

registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or   1,726        

all-purpose vehicle shall expire EXPIRES upon the thirty-first     1,727        

day of December in the third year after the date it is issued.     1,729        

Application for renewal of a certificate may be made not earlier   1,730        

than ninety days preceding the expiration date, and shall be       1,731        

accompanied by a fee of five dollars.  The renewal of a            1,732        

certificate of registration for a snowmobile or all-purpose        1,733        

vehicle shall be evidenced by a decal or similar device            1,734        

identifying the registration period for which it is issued, and    1,735        

shall be displayed upon the vehicle in such manner as the          1,736        

registrar shall prescribe.                                                      

      Sec. 4519.05.  (A)  Whenever a registered snowmobile,        1,745        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or     1,746        

similarly disposed of, the owner shall surrender the certificate   1,748        

of registration and any license plate issued for a mini-bike or    1,749        

trail bike, to the registrar of motor vehicles or a deputy         1,750        

registrar within fifteen days following the destruction or         1,751        

disposal.  The registrar shall thereupon SHALL cancel the          1,752        

                                                          42     

                                                                 
certificate and enter such THAT fact in his THE REGISTRAR'S        1,754        

records, and the vacated registration number may be assigned to    1,756        

another snowmobile or all purpose vehicle.                                      

      IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      1,758        

VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED, THE      1,759        

OWNER ALSO SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK   1,760        

OF THE COURT OF COMMON PLEAS WHO ISSUED IT AND THE CLERK, WITH     1,762        

THE CONSENT OF ANY LIENHOLDERS NOTED THEREON, SHALL ENTER A        1,763        

CANCELLATION UPON THE CLERK'S RECORDS AND SHALL NOTIFY THE         1,764        

REGISTRAR OF THE CANCELLATION.  UPON THE CANCELLATION OF A         1,765        

CERTIFICATE OF TITLE IN THE MANNER PRESCRIBED BY THIS DIVISION,    1,766        

THE CLERK AND THE REGISTRAR MAY CANCEL AND DESTROY ALL             1,767        

CERTIFICATES OF TITLE AND MEMORANDUM CERTIFICATES OF TITLE IN      1,768        

THAT CHAIN OF TITLE.                                                            

      (B)  Whenever SUBJECT TO DIVISION (B) OF SECTION 4519.03 OF  1,771        

THE REVISED CODE, WHENEVER the ownership of a registered           1,772        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is      1,774        

transferred by sale or otherwise, the new owner shall, within      1,775        

fifteen days following the transfer, SHALL make application to     1,777        

the registrar or a deputy registrar for the transfer of the        1,778        

certificate of registration.  Upon receipt of the application and  1,779        

a fee of one dollar, the registrar shall transfer the certificate  1,780        

to the new owner and shall enter the new owner's name and address  1,781        

in his THE REGISTRAR'S records.  Whenever the ownership of a       1,783        

registered mini-bike or trail bike is transferred under this                    

section, the new owner shall retain the license plate originally   1,784        

issued for the vehicle.                                            1,785        

      (C)  Whenever the owner of a registered snowmobile,          1,787        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle changes his         1,788        

address, he THE OWNER shall surrender the certificate of           1,790        

registration to the registrar or a deputy registrar within         1,791        

fifteen days following the address change.  Upon receipt of the    1,792        

certificate, the registrar shall enter the new address thereon     1,793        

and shall make the appropriate change in his THE REGISTRAR'S       1,794        

                                                          43     

                                                                 
records.  In any A case where the owner's change of address        1,795        

involves a move outside of the state, the owner shall also         1,796        

surrender any license plate issued for the vehicle, and the        1,797        

registrar shall cancel the certificate of registration and may     1,798        

thereafter assign the vacated registration number to another FOR   1,799        

THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.   1,802        

      (D)  Whenever a certificate of registration for a            1,804        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a   1,806        

license plate for a mini-bike or trail bike, has been IS lost,     1,807        

mutilated, or destroyed, the owner may obtain a duplicate          1,808        

certificate, which shall be identified as such, or a new plate,    1,809        

upon application and the payment of a fee of one dollar.           1,810        

      Sec. 4519.06.  Any person who is a dealer in snowmobiles,    1,819        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make        1,821        

application for registration, for each place in this state at      1,823        

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

snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is   1,826        

carried on.  The application shall show the make of snowmobile,    1,828        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured,       1,829        

sold, leased, or rented at such place, and shall be accompanied    1,831        

by a fee of twenty-five dollars.  Upon the filing of the           1,832        

application and the payment of the fee therefor, the registrar of  1,834        

motor vehicles shall assign to the applicant a distinctive         1,835        

number, prefixed by the letters DS in the case of a snowmobile     1,837        

and by the letters DAPV in the case of an all purpose vehicle,     1,840        

and, where applicable, shall issue a license plate as provided in               

section 4519.04 of the Revised Code.  The number or license plate  1,841        

shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE,   1,843        

or all-purpose vehicle in the places set forth PRESCRIBED in       1,846        

divisions (B) and (C) of section 4519.04 of the Revised Code       1,847        

whenever the vehicle is being used prior to sale or transfer.      1,848        

The registrar shall adopt rules and regulations specifying the     1,850        

manner in which the number may be temporarily affixed to the       1,851        

vehicle additional license plates bearing the dealer's number may  1,853        

                                                          44     

                                                                 
be issued upon application and the payment of a fee of one dollar  1,854        

for each plate.                                                                 

      Upon the termination of any dealership registered under      1,856        

this section, the dealer, within fifteen days following such       1,857        

termination, shall notify the registrar, who shall enter that      1,858        

fact in his THE REGISTRAR'S records and may thereafter assign the  1,860        

vacated registration number to some other dealer.  The dealer                   

shall also surrender to the registrar any license plates issued    1,861        

under this section.                                                             

      Notwithstanding section 4517.01 of the Revised Code, a       1,863        

dealer licensed to sell motor vehicles may also MAY be registered  1,864        

as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or            1,866        

all-purpose vehicles under this section, and may display, sell,    1,867        

or rent such vehicles at his THE DEALER'S established place of     1,870        

business.                                                                       

      Sec. 4519.08.  Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or    1,879        

all-purpose vehicle owned or leased by the state, by any of its    1,881        

political subdivisions, or by any volunteer organization that      1,882        

uses such vehicles exclusively for emergency purposes shall be                  

registered free of charge in the same manner as provided by        1,883        

section 4519.03 of the Revised Code for the registration of        1,884        

privately owned vehicles.  The registration number or license      1,885        

plate AND REGISTRATION STICKER assigned TO each such snowmobile,   1,886        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed  1,890        

as required by divisions (B) and (C) of section 4519.04 of the     1,891        

Revised Code.                                                      1,892        

      Sec. 4519.09.  Every owner or operator of a snowmobile,      1,901        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident   1,904        

of a state not having a registration law similar to Chapter 4519.  1,905        

of the Revised Code THIS CHAPTER, and who expects to use the       1,906        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in      1,908        

Ohio, shall apply to the registrar of motor vehicles or a deputy   1,909        

registrar for a temporary operating permit.  The temporary         1,910        

operating permit shall be issued for a period not to exceed        1,911        

                                                          45     

                                                                 
fifteen days from the date of issuance, shall be in such form as   1,912        

the registrar determines, shall include the name and address of    1,913        

the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE,  1,915        

or all-purpose vehicle, and such ANY other information as the      1,917        

registrar considers necessary, and shall be issued upon payment    1,919        

of a fee of five dollars.  Every owner or operator receiving a     1,920        

temporary operating permit shall display the same IT upon the      1,921        

reasonable request of any law enforcement officer or other person  1,922        

as authorized by sections 4519.42 and 4519.43 of the Revised       1,923        

Code.                                                                           

      Sec. 4519.10.  (A)  THE PURCHASER OF AN OFF-HIGHWAY          1,925        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, UPON APPLICATION AND PROOF OF   1,926        

PURCHASE, MAY OBTAIN A TEMPORARY LICENSE PLACARD FOR IT.  THE      1,927        

APPLICATION FOR SUCH A PLACARD SHALL BE SIGNED BY THE PURCHASER    1,928        

OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  THE         1,929        

TEMPORARY LICENSE PLACARD SHALL BE ISSUED ONLY FOR THE                          

APPLICANT'S USE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       1,930        

VEHICLE TO ENABLE THE APPLICANT TO OPERATE IT LEGALLY WHILE        1,931        

PROPER TITLE AND A REGISTRATION STICKER ARE BEING OBTAINED AND     1,932        

SHALL BE DISPLAYED ON NO OTHER OFF-HIGHWAY MOTORCYCLE OR                        

ALL-PURPOSE VEHICLE.  A TEMPORARY LICENSE PLACARD ISSUED UNDER     1,933        

THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR OF     1,934        

MOTOR VEHICLES, SHALL DIFFER IN SOME DISTINCTIVE MANNER FROM A     1,935        

PLACARD ISSUED UNDER SECTION 4503.182 OF THE REVISED CODE, SHALL   1,936        

BE VALID FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF ISSUANCE,                 

AND SHALL NOT BE TRANSFERABLE OR RENEWABLE.  THE PLACARD EITHER    1,937        

SHALL CONSIST OF OR BE COATED WITH SUCH MATERIAL AS WILL ENABLE    1,938        

IT TO REMAIN LEGIBLE AND RELATIVELY INTACT DESPITE THE             1,939        

ENVIRONMENTAL CONDITIONS TO WHICH THE PLACARD IS LIKELY TO BE      1,940        

EXPOSED DURING THE THIRTY-DAY PERIOD FOR WHICH IT IS VALID.  THE                

PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE      1,941        

SHALL ATTACH THE TEMPORARY LICENSE PLACARD TO IT, IN A MANNER      1,942        

PRESCRIBED BY RULES THE REGISTRAR SHALL ADOPT, SO THAT THE         1,943        

PLACARD NUMERALS OR LETTERS ARE CLEARLY VISIBLE.                                

                                                          46     

                                                                 
      THE FEE FOR A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS    1,945        

SECTION SHALL BE TWO DOLLARS.  IF THE PLACARD IS ISSUED BY A       1,946        

DEPUTY REGISTRAR, THE DEPUTY REGISTRAR SHALL CHARGE AN ADDITIONAL  1,947        

FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS, WHICH THE DEPUTY         1,948        

REGISTRAR SHALL RETAIN.  THE DEPUTY REGISTRAR SHALL TRANSMIT EACH  1,949        

TWO-DOLLAR FEE RECEIVED BY THE DEPUTY REGISTRAR UNDER THIS                      

SECTION TO THE REGISTRAR, WHO SHALL PAY THE TWO DOLLARS TO THE     1,950        

TREASURER OF STATE FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR      1,951        

VEHICLES FUND ESTABLISHED BY SECTION 4501.25 OF THE REVISED CODE.  1,952        

      (B)  THE REGISTRAR MAY ISSUE TEMPORARY LICENSE PLACARDS TO   1,954        

A DEALER TO BE ISSUED TO PURCHASERS FOR USE ON VEHICLES SOLD BY    1,955        

THE DEALER, IN ACCORDANCE WITH RULES PRESCRIBED BY THE REGISTRAR.  1,956        

THE DEALER SHALL NOTIFY THE REGISTRAR WITHIN FORTY-EIGHT HOURS OF  1,957        

PROOF OF ISSUANCE ON A FORM PRESCRIBED BY THE REGISTRAR.           1,958        

      THE FEE FOR EACH SUCH PLACARD ISSUED BY THE REGISTRAR TO A   1,960        

DEALER SHALL BE TWO DOLLARS PLUS A FEE OF TWO DOLLARS AND          1,961        

TWENTY-FIVE CENTS.                                                              

      Sec. 4519.11.  One dollar and twenty-five cents of each fee  1,970        

collected under sections 4519.04 and 4519.09 of the Revised Code   1,971        

shall be paid into the state bureau of motor vehicles fund         1,972        

created by section 4501.25 of the Revised Code.  All other fees,   1,973        

and all taxes and fines levied, charged, or referred to in         1,974        

Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE   1,975        

DESIGNATED BY LAW, shall be deposited into the state treasury to   1,976        

the credit of the state recreational vehicle fund, which is        1,977        

hereby created.  The state recreational vehicle fund shall be      1,978        

used for the purpose of enforcing and administering the law        1,979        

relative to the registration and operation of snowmobiles,         1,981        

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the       1,983        

state, for the purpose of expanding the activities of the          1,984        

department of natural resources to provide trails and other areas  1,985        

for the operation of such vehicles on state-controlled land and    1,986        

waters, for the purchase of additional land to be used for such    1,989        

purposes, and for the development and implementation by the        1,991        

                                                          47     

                                                                 
department of programs relating to the safe use and enjoyment of   1,993        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    1,995        

      All investment earnings of the state recreational vehicle    1,997        

fund shall be credited to the fund.                                1,998        

      Notwithstanding section 1501.01 of the Revised Code,         2,000        

nothing in this section authorizes the appropriation of property   2,001        

to provide trails and other areas for the operation of             2,002        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.    2,004        

      Sec. 4519.20.  By not later than July 1, 1972, the (A)  THE  2,014        

director of public safety, pursuant to Chapter 119. of the         2,015        

Revised Code, shall adopt and promulgate rules and regulations     2,016        

for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     2,017        

all-purpose vehicles.  The rules and regulations may be revised    2,019        

from time to time as the director considers necessary, and shall   2,020        

include, but not necessarily be limited to, requirements for the   2,021        

following items of equipment:                                                   

      (A)(1)  At least one headlight having a minimum candlepower  2,023        

of sufficient intensity to reveal persons and objects at a         2,024        

distance of at least one hundred feet ahead under normal           2,025        

atmospheric conditions during hours of darkness;                   2,026        

      (B)(2)  At least one red tail light having a minimum         2,028        

candlepower of sufficient intensity to be plainly visible from a   2,029        

distance of five hundred feet to the rear under normal             2,030        

atmospheric conditions during hours of darkness;                   2,031        

      (C)(3)  Adequate brakes.  Every snowmobile shall, while      2,033        

traveling on packed snow, SHALL be capable of carrying a driver    2,034        

who weighs one hundred and seventy-five pounds or more, and,       2,035        

while carrying such driver, be capable of stopping in not more     2,036        

than forty feet from an initial steady speed of twenty miles per   2,037        

hour, or locking its traction belt.                                2,038        

      (D)(4)  A muffler system capable of precluding the emission  2,040        

of excessive smoke or exhaust fumes, and of limiting the engine    2,041        

noise of vehicles.  On snowmobiles manufactured after January 1,   2,042        

1973, such requirement shall include sound dampening equipment     2,043        

                                                          48     

                                                                 
such that noise does not exceed eighty-two decibels on the "A"     2,044        

scale at fifty feet as measured according to SAE J192 (September   2,045        

1970);.                                                            2,046        

      (B)  No person shall operate any snowmobile, OFF-HIGHWAY     2,048        

MOTORCYCLE, or all-purpose vehicle in violation of division (A),   2,050        

(B)(1), (C)(2), (3), or (D)(4) of this section, except that        2,053        

equipment specified in divisions (A)(1) and (B)(2) of this         2,055        

section shall not be required on snowmobiles, OFF-HIGHWAY                       

MOTORCYCLES, or all-purpose vehicles operated during the daylight  2,057        

hours on state controlled land under the jurisdiction of the       2,058        

department of natural resources and that are limited to            2,059        

off-highway use.                                                                

      Sec. 4519.21.  The director of public safety may authorize   2,068        

sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and      2,070        

all-purpose vehicles to determine their degree of conformity to    2,071        

rules and regulations adopted under section 4519.20 of the         2,072        

Revised Code.  In prescribing tests for muffler equipment, the     2,073        

director may require sound pressure levels in decibels to be       2,074        

measured on the "A" scale of a sound level meter having            2,075        

characteristics defined by the American standards association      2,076        

standard S1.4-1961 "General Purpose Sound Meter," and may also     2,077        

MAY require the use of applicable measurement practices outlined   2,078        

in the procedures for sound level measurement of snowmobiles       2,079        

endorsed by the international snowmobile industry association,     2,080        

January 1969, or such other sources of standards for the           2,081        

measurement of sound levels as the director may consider           2,082        

advisable.                                                                      

      Upon finding that any make or model of vehicle authorized    2,084        

to be tested under this section does not meet an applicable        2,085        

standard adopted by the director, the person conducting such THE   2,086        

test shall report that fact to the director, who shall             2,087        

immediately SHALL notify the manufacturer of the vehicle and the   2,088        

registrar of motor vehicles.  Upon receipt of a notification, the  2,089        

registrar shall refuse to issue a certificate of registration to   2,090        

                                                          49     

                                                                 
an owner or dealer with respect to any vehicle of the same make    2,091        

or model as that named in the notification until the vehicle has   2,092        

been modified in such manner as the director shall prescribe, and  2,093        

meets the applicable standard.                                     2,094        

      Sec. 4519.22.  No person shall have for sale, sell, offer    2,103        

for sale, lease, rent, or otherwise furnish for hire in this       2,104        

state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose   2,106        

vehicle which THAT fails to comply with any rule or regulation     2,107        

adopted by the director of public safety under section 4519.20 of  2,108        

the Revised Code, after the effective date of such THE rule or     2,109        

regulation.                                                                     

      Sec. 4519.40.  The applicable provisions of Chapters 4511.   2,118        

and 4549. of the Revised Code shall be applied to the operation    2,119        

of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose           2,121        

vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or    2,122        

all-purpose vehicle shall be operated as follows:                  2,123        

      (A)  On any limited access highway or freeway or the         2,125        

right-of-way thereof, except for emergency travel only during      2,126        

such time and in such manner as the director of public safety      2,127        

shall designate;                                                   2,128        

      (B)  On any private property, or in any nursery or planting  2,130        

area, without the permission of the owner or other person having   2,131        

the right to possession of the property;                           2,132        

      (C)  On any land or waters controlled by the state, except   2,134        

at those locations where a sign has been posted permitting such    2,135        

operation;                                                         2,136        

      (D)  On the tracks or right-of-way of any operating          2,138        

railroad;                                                          2,139        

      (E)  While transporting any firearm, bow, or other           2,141        

implement for hunting, that is not unloaded and securely encased;  2,142        

      (F)  For the purpose of chasing, pursuing, capturing, or     2,144        

killing any animal or wildfowl;                                    2,145        

      (G)  During the time from one-half hour after sunset to      2,147        

one-half hour before sunrise, unless displaying lighted lights as  2,148        

                                                          50     

                                                                 
required by section 4519.20 of the Revised Code.                   2,149        

      Sec. 4519.41.  Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and     2,159        

all-purpose vehicles being used for winter travel may be operated  2,160        

as follows:                                                                     

      (A)  To make a crossing of a highway, other than a highway   2,162        

as designated in division (A) of section 4519.40 of the Revised    2,163        

Code, whenever the crossing can be made in safety and will not     2,164        

interfere with the movement of vehicular traffic approaching from  2,165        

any direction on the highway, and provided that the operator       2,166        

yields the right-of-way to any approaching traffic that presents   2,167        

an immediate hazard;                                               2,168        

      (B)  On highways in the county or township road systems      2,170        

whenever the local authority having jurisdiction over such         2,171        

highways so permits;                                               2,172        

      (C)  Off and alongside a street or highway for limited       2,174        

distances from the point of unloading from a conveyance to the     2,175        

point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or          2,177        

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

      (D)  On the berm or shoulder of a highway, other than a      2,179        

highway as designated in division (A) of section 4519.40 of the    2,180        

Revised Code, when the terrain permits such operation to be        2,181        

undertaken safely and without the necessity of entering any        2,182        

traffic lane;                                                      2,183        

      (E)  ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD,   2,186        

WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE,      2,187        

OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH     2,188        

AREA.                                                                           

      Sec. 4519.42.  The director of natural resources shall       2,197        

adopt and promulgate rules and regulations for the operation of    2,198        

snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on  2,201        

land or waters controlled by the state.  The director shall also   2,202        

SHALL undertake a program relating to the development of trails    2,203        

and special areas for the use of snowmobiles, OFF-HIGHWAY          2,204        

MOTORCYCLES, and all-purpose vehicles, and may require any         2,205        

                                                          51     

                                                                 
permits for such use as he THE DIRECTOR considers necessary.       2,206        

      The director may designate employees of the department OF    2,208        

NATURAL RESOURCES to enforce any rules and regulations adopted     2,210        

under this section.  An employee so designated shall have full     2,212        

authority to enforce any provisions PROVISION of Chapter 4519. of  2,213        

the Revised Code THIS CHAPTER with respect to the proper TITLING,  2,216        

registration, equipping, and operation of snowmobiles,             2,217        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or        2,219        

waters controlled by the state.                                                 

      Sec. 4519.43.  A board of park commissioners of any park     2,228        

district created under Chapter 1545. of the Revised Code may       2,229        

provide by rule or regulation for the operation of snowmobiles,    2,231        

OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks,    2,232        

parkways, and other reservations of land under its jurisdiction,   2,233        

and shall file a copy of any such rules or regulations with the    2,234        

director of natural resources.                                                  

      Any employee of a board of park commissioners designated     2,236        

pursuant to section 1545.13 of the Revised Code shall have full    2,237        

authority to enforce any of the provisions of Chapter 4519. of     2,238        

the Revised Code THIS CHAPTER with respect to the proper TITLING,  2,240        

registration, equipping, and operation of snowmobiles,             2,241        

OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands  2,242        

under the jurisdiction and control of the board.                   2,244        

      Sec. 4519.44.  (A)  No person who does not hold a valid,     2,253        

current motor vehicle driver's or commercial driver's license,     2,254        

motorcycle operator's endorsement, or probationary license,        2,255        

issued under Chapter 4506. or 4507. of the Revised Code, shall     2,256        

operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose       2,258        

vehicle on any street or highway in this state, on any portion of  2,259        

the right-of-way thereof, or on any public land or waters.         2,260        

      (B)  No person who is less than sixteen years of age shall   2,263        

operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose       2,264        

vehicle on any land or waters other than private property or       2,265        

waters owned by or leased to such THE person's parent or           2,266        

                                                          52     

                                                                 
guardian, unless accompanied by another person who is eighteen     2,267        

years of age, or older, and who holds a license as provided in     2,268        

division (A) of this section, except that the department of        2,269        

natural resources may permit such operation on state controlled    2,270        

land under its jurisdiction when such person is less than sixteen  2,271        

years of age, but is twelve years of age or older and is           2,272        

accompanied by a parent or guardian who is a licensed driver       2,273        

eighteen years of age or older.                                                 

      Sec. 4519.45.  Any dealer who rents, leases, or otherwise    2,282        

furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     2,283        

vehicle for hire shall maintain the vehicle in safe operating      2,285        

condition.  No dealer, or his agent or employee OF A DEALER,       2,286        

shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY  2,287        

MOTORCYCLE, or all-purpose vehicle for hire to any person who      2,289        

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,     2,290        

his OR AN agent, or employee OF THE DEALER has reasonable cause    2,292        

to believe is incompetent to operate the vehicle in a safe and     2,293        

lawful manner.                                                                  

      Sec. 4519.46.  The operator of a snowmobile, OFF-HIGHWAY     2,302        

MOTORCYCLE, or all-purpose vehicle involved in any accident        2,304        

resulting in bodily injury to or death of any person, or damage    2,305        

to the property of any person in excess of one hundred dollars,    2,306        

shall report the accident within forty-eight hours to the state    2,307        

highway patrol, the sheriff of the county within which the         2,308        

accident occurred, or the chief of police, if the accident         2,309        

occurred within a municipal corporation, and shall, within thirty  2,310        

days, SHALL forward a written report of the accident to the        2,312        

registrar of motor vehicles on a form prescribed by the            2,313        

registrar.  If the operator is physically incapable of making the  2,314        

reports and there is another participant in the accident not so    2,315        

incapacitated, such THE participant shall make the reports.  In    2,317        

the event that there is no other participant, and the operator is  2,318        

other than the owner, the owner shall, within the prescribed       2,319        

                                                          53     

                                                                 
periods of time, SHALL make the reports.                                        

      Any law enforcement officer, or other person authorized by   2,321        

sections 4519.42 and 4519.43 of the Revised Code, who              2,322        

investigates or receives information of an accident involving a    2,323        

snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall  2,325        

forward to the registrar a written report of the accident within   2,326        

forty-eight hours.                                                              

      The registrar shall maintain a file of all reports received  2,328        

by him THE REGISTRAR of accidents involving a snowmobile,          2,329        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.  The reports       2,331        

shall be for the confidential use of the director of public        2,332        

safety and the director of natural resources in the development    2,333        

of equipment and operating regulations, and of programs relating   2,334        

to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and       2,335        

all-purpose vehicles, except that the registrar shall furnish a    2,336        

copy of such report to any person claiming to have been injured    2,337        

or damaged in such accident, or his THE PERSON'S attorney, upon    2,338        

the payment of a fee of one dollar.                                2,340        

      Sec. 4519.47.  Whenever a person is found guilty of          2,349        

operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose     2,351        

vehicle in violation of any rule or regulation authorized to be    2,352        

promulgated ADOPTED under section 4519.21 or 4519.42 of the        2,353        

Revised Code, the trial judge of any court of record may, in       2,354        

addition to or independent of any other penalties provided by      2,356        

law, MAY impound for not less than sixty days the certificate of   2,357        

registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or   2,359        

all-purpose vehicle.  The court shall send the impounded           2,360        

certificate of registration to the registrar of motor vehicles,    2,362        

who shall retain the certificate until the expiration of the                    

period of impoundment.                                             2,363        

      Sec. 4519.48.  Nothing contained in Chapter 4519. of the     2,372        

Revised Code THIS CHAPTER shall prevent local authorities from     2,374        

regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES,  2,375        

and all-purpose vehicles on streets and highways and other public  2,376        

                                                          54     

                                                                 
property under their jurisdiction, and within the reasonable       2,377        

exercise of the police power, except that no local authority       2,378        

shall require the registration or licensing of any snowmobile,     2,379        

OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be      2,380        

registered OR TITLED under such THIS chapter.                      2,381        

      Sec. 4519.51.  THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT   2,383        

SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM  2,384        

AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE        2,385        

REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL   2,387        

CONFORM THERETO.  THE REGISTRAR SHALL RECEIVE AND FILE IN THE                   

REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY   2,388        

THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN  2,389        

THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE.               2,390        

      THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL   2,392        

CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE  2,393        

CLERKS.  IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN        2,394        

ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE.     2,395        

UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR   2,396        

SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER     2,397        

THE CANCELLATION IN THE CLERK'S RECORDS.  THE REGISTRAR ALSO       2,398        

SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS                    

ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE       2,399        

CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF      2,401        

TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY   2,402        

LIEN NOTED THEREON.  THE HOLDER OF THE CERTIFICATE OF TITLE SHALL  2,404        

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

HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE     2,405        

CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE    2,406        

FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED             2,407        

MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE     2,409        

COUNTY.                                                                         

      Sec. 4519.52.  (A)  EXCEPT AS PROVIDED IN SECTION 4519.54    2,412        

OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS       2,415        

SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED  2,416        

                                                          55     

                                                                 
OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR      2,417        

OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR         2,418        

ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO    2,419        

THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS     2,420        

CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM     2,422        

CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.                            

      (B)(1)  A PERSON WHO IS NOT A DEALER ENGAGED IN THE          2,425        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         2,426        

ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF   2,427        

THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        2,428        

VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE        2,429        

MOTORCYCLE OR VEHICLE.  THE PERSON SHALL COMPLY WITH THIS CHAPTER  2,430        

IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE.                       2,431        

      (2)  IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE          2,433        

BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR         2,434        

ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR     2,435        

ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE          2,436        

MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE     2,437        

TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE       2,438        

PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH           2,439        

ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER  2,441        

OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR        2,442        

OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A    2,443        

CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S  2,444        

OWN NAME.                                                                       

      Sec. 4519.53.  NO PERSON WHO ACQUIRES AN OFF-HIGHWAY         2,446        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE   2,447        

OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT,  2,448        

TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR   2,449        

ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A             2,450        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  2,451        

VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE   2,452        

FOR IT.  NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON    2,453        

AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE,   2,454        

                                                          56     

                                                                 
OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY    2,455        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION.   2,456        

      NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE     2,458        

THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY    2,459        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED     2,460        

OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE     2,461        

FOLLOWING:                                                                      

      (A)  A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR           2,464        

IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER;     2,465        

      (B)  ADMISSION IN THE PLEADINGS OR STIPULATION OF THE        2,468        

PARTIES.                                                                        

      Sec. 4519.54.  NO MANUFACTURER, IMPORTER, DEALER, OR OTHER   2,470        

PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY        2,471        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE    2,473        

DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO   2,474        

THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN  2,475        

ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON    2,477        

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

PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    2,478        

VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR    2,479        

IMPORTER'S CERTIFICATE.                                            2,480        

      A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF  2,482        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN     2,483        

THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH     2,484        

FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY         2,485        

REQUIRE:                                                                        

      (A)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          2,488        

ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL,    2,489        

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

NUMBER;                                                            2,490        

      (B)  CERTIFICATION OF THE DATE OF TRANSFER OF THE            2,493        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR  2,494        

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

TRANSFEREE;                                                        2,495        

                                                          57     

                                                                 
      (C)  CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE   2,498        

NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY      2,499        

TRADE AND COMMERCE;                                                             

      (D)  THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE    2,502        

TRANSFEROR.                                                                     

      AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE  2,504        

BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER    2,505        

OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S   2,506        

OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE        2,507        

REGISTRAR.  THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND         2,508        

ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY    2,509        

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    2,511        

ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE         2,512        

ASSIGNMENT.                                                                     

      Sec. 4519.55.  APPLICATION FOR A CERTIFICATE OF TITLE FOR    2,514        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE     2,515        

UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND      2,516        

SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER          2,517        

EMPOWERED TO ADMINISTER OATHS.  THE APPLICATION SHALL BE FILED     2,518        

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

WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF      2,519        

THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE       2,520        

TRANSACTION IS CONSUMMATED.  THE APPLICATION SHALL BE ACCOMPANIED  2,521        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND,  2,522        

IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE       2,524        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION     2,525        

ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY         2,526        

ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER.  IF A                      

CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE        2,527        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION,    2,529        

UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED    2,531        

BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN          2,532        

STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF      2,534        

                                                          58     

                                                                 
SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER    2,535        

STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE         2,536        

VEHICLE WAS BROUGHT INTO THIS STATE.  THE REGISTRAR, IN            2,537        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE  2,538        

THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH      2,540        

PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM   2,541        

THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS   2,542        

OF OTHER PERSONS.  FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE   2,543        

OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY  2,544        

DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN          2,545        

NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY     2,546        

CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM  2,547        

AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.                                   

      IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR      2,549        

ALL-PURPOSE VEHICLE BY A DEALER TO A GENERAL PURCHASER OR USER,    2,550        

THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE      2,552        

PURCHASER BY THE DEALER UPON APPLICATION SIGNED BY THE PURCHASER.  2,553        

IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE        2,554        

PURCHASER.  IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE  2,555        

OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE   2,557        

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

PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE  2,559        

OR ALL-PURPOSE VEHICLE.  IF THE APPLICATION FOR CERTIFICATE OF     2,560        

TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE  2,561        

OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY          2,562        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE   2,563        

FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY    2,565        

SECTION 4519.59 OF THE REVISED CODE.  THE CLERK SHALL RETAIN THE   2,566        

ENTIRE AMOUNT OF EACH LATE FILING FEE.                             2,567        

      EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR           2,569        

ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS  2,570        

SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR       2,571        

CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE  2,572        

APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER  2,573        

                                                          59     

                                                                 
5739. OR 5741. OF THE REVISED CODE, OR SUBMITS EITHER OF THE       2,575        

FOLLOWING:                                                                      

      (A)  A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF  2,578        

COURTS SHOWING PAYMENT OF THE TAX;                                              

      (B)  AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY     2,580        

THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT       2,581        

SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE        2,583        

REVISED CODE.                                                      2,584        

      PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH          2,586        

DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES  2,587        

ISSUED BY THE TAX COMMISSIONER.  WHEN A DEALER SUBMITS PAYMENT OF  2,589        

THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO      2,590        

WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED  2,592        

CODE.  THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY   2,593        

THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE   2,595        

TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE.  IF THE       2,596        

APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY       2,598        

MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE           2,599        

EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE         2,600        

APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO               

CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF      2,603        

EITHER OF THE ITEMS LISTED IN DIVISION (A) OR (B) OF THIS          2,605        

SECTION.                                                                        

      FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK,   2,607        

THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER   2,608        

CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE          2,610        

CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION                     

325.33 OF THE REVISED CODE.  IN THE CASE OF CASUAL SALES OF        2,611        

OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT   2,612        

TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE,  2,614        

THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL    2,615        

BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE  2,617        

CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR,   2,619        

WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE           2,621        

                                                          60     

                                                                 
DETERMINATION OF THE TAX.  IN ADDITION TO THE INFORMATION          2,622        

REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE  2,624        

OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING                          

NOTIFICATION AND STATEMENTS:  "WARNING TO TRANSFEROR AND           2,625        

TRANSFEREE (SELLER AND BUYER):  YOU ARE REQUIRED BY LAW TO STATE   2,628        

THE TRUE SELLING PRICE.  A FALSE STATEMENT IS IN VIOLATION OF      2,630        

SECTION 2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX       2,631        

MONTHS IMPRISONMENT OR A FINE OF UP TO ONE THOUSAND DOLLARS, OR    2,632        

BOTH.  ALL TRANSFERS ARE AUDITED BY THE DEPARTMENT OF TAXATION.    2,633        

THE SELLER AND BUYER MUST PROVIDE ANY INFORMATION REQUESTED BY     2,634        

THE DEPARTMENT OF TAXATION.  THE BUYER MAY BE ASSESSED ANY         2,635        

ADDITIONAL TAX FOUND TO BE DUE."                                                

      THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS          2,637        

POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE         2,638        

PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH          2,639        

INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE.   2,640        

      Sec. 4519.56.  (A)  AN APPLICATION FOR A CERTIFICATE OF      2,642        

TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER    2,644        

EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF  2,645        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL        2,646        

CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER  2,648        

WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY     2,649        

REQUIRE:                                                                        

      (1)  NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR            2,652        

EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;                          

      (2)  STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR          2,655        

ALL-PURPOSE VEHICLE WAS ACQUIRED;                                               

      (3)  NAME AND ADDRESS OF THE PREVIOUS OWNER;                 2,658        

      (4)  A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER           2,661        

ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE          2,662        

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

      (5)  IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER  2,665        

ENCUMBRANCES, A STATEMENT OF THAT FACT;                                         

      (6)  A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR          2,667        

                                                          61     

                                                                 
ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL,    2,669        

IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION       2,670        

NUMBER.                                                                         

      IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE         2,672        

CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE   2,673        

MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE             2,674        

IDENTIFICATION NUMBER.  EXCEPT AS PROVIDED IN DIVISION (B) OF      2,675        

THIS SECTION, IF THE APPLICATION FOR A CERTIFICATE OF TITLE        2,676        

REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT    2,677        

CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR WHICH NO  2,679        

CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS STATE,     2,680        

THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION      2,681        

CERTIFICATE AS DESCRIBED IN THAT DIVISION.                         2,682        

      IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER  2,685        

OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN    2,686        

REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A           2,687        

PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO                     

ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE         2,689        

IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR                         

ALL-PURPOSE VEHICLE.  THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER  2,690        

SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY  2,691        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BY THE STATE HIGHWAY PATROL.     2,693        

THE STATE HIGHWAY PATROL SHALL ASSESS A FEE OF FIFTY DOLLARS FOR   2,694        

AFFIXING THE NUMBER TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,695        

VEHICLE AND SHALL DEPOSIT EACH SUCH FEE IN THE STATE HIGHWAY       2,696        

SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE REVISED CODE.    2,698        

      (B)  EXCEPT IN THE CASE OF A NEW OFF-HIGHWAY MOTORCYCLE OR   2,700        

ALL-PURPOSE VEHICLE SOLD BY A DEALER LICENSED UNDER CHAPTER 4517.  2,702        

OF THE REVISED CODE TITLE TO WHICH IS EVIDENCED BY A               2,704        

MANUFACTURER'S OR IMPORTER'S CERTIFICATE, IF THE APPLICATION FOR   2,706        

A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR      2,707        

ALL-PURPOSE VEHICLE THAT CONTAINS A PERMANENT IDENTIFICATION                    

NUMBER PLACED THEREON BY THE MANUFACTURER, BUT FOR WHICH NO        2,708        

CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED BY THIS STATE,     2,709        

                                                          62     

                                                                 
THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION      2,710        

CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING    2,711        

THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND            2,712        

MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY    2,713        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF     2,714        

TITLE IS DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE    2,715        

IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR.  THE PHYSICAL      2,716        

INSPECTION SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN   2,717        

ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR         2,718        

VEHICLE DEALER.  THE DEPUTY REGISTRAR OR MOTOR VEHICLE DEALER MAY  2,720        

CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING  2,721        

THE PHYSICAL INSPECTION.                                           2,722        

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    2,725        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  2,726        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     2,727        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        2,728        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    2,729        

SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY   2,730        

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      2,731        

RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     2,732        

SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY   2,733        

SECTION 4501.25 OF THE REVISED CODE.                               2,735        

      Sec. 4519.57.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  2,737        

ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND        2,738        

ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL.  THE FRONT    2,740        

SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION    2,742        

REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION                   

4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND  2,745        

CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY     2,746        

OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR    2,747        

OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY   2,748        

NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT.  THE   2,749        

REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF     2,750        

THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF    2,751        

                                                          63     

                                                                 
THE REVISED CODE.  AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A  2,754        

NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS       2,755        

SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN   2,756        

THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES.      2,757        

THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS                 

THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     2,758        

AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE     2,760        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED  2,761        

ON THE FACE OF THE CERTIFICATE OF TITLE.                           2,762        

      CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT       2,764        

LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      2,765        

VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE       2,766        

TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE  2,767        

PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.                                     

      Sec. 4519.58.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL  2,769        

ISSUE CERTIFICATES OF TITLE IN DUPLICATE.  ONE COPY SHALL BE       2,770        

RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE     2,771        

INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR  2,772        

OF MOTOR VEHICLES ON THE DAY IT IS ISSUED.  THE CLERK SHALL SIGN   2,773        

AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE    2,774        

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

ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE          2,775        

APPLICANT OR THE SELLING DEALER.  EXCEPT AS OTHERWISE PROVIDED IN  2,776        

THIS SECTION, IF THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY    2,778        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL               

BE DELIVERED TO THE HOLDER OF THE FIRST LIEN.  IF THE CERTIFICATE  2,779        

OF TITLE IS OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND    2,780        

THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR       2,781        

ALL-PURPOSE VEHICLE, THE CLERK SHALL ISSUE A CERTIFICATE OF TITLE  2,782        

AND MAY ISSUE A MEMORANDUM CERTIFICATE OF TITLE.  THE CERTIFICATE  2,784        

OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE, IF ISSUED, SHALL BE  2,786        

DELIVERED TO THE HOLDER OF THE FIRST LIEN OR THE SELLING DEALER,                

WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE    2,788        

FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE                       

                                                          64     

                                                                 
APPLICANT.  THE SELLING DEALER ALSO MAY MAKE ARRANGEMENTS WITH     2,789        

THE CLERK TO HAVE THE CLERK DELIVER THE MEMORANDUM CERTIFICATE OF  2,791        

TITLE TO THE APPLICANT.                                                         

      THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING  2,793        

CERTIFICATES OF TITLE.  THE NUMBERING SHALL BE IN SUCH MANNER      2,794        

THAT THE COUNTY OF ISSUANCE IS INDICATED.  NUMBERS SHALL BE        2,795        

ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE  2,796        

REGISTRAR.  THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE         2,797        

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

CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE         2,798        

CERTIFICATES OF TITLE.                                             2,799        

      THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES   2,801        

OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT         2,803        

MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES  2,804        

OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY   2,805        

MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN   2,807        

YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE   2,809        

DESTROYED.  THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE                      

RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES    2,811        

OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING          2,812        

EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR            2,813        

ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE  2,814        

DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED.  THE  2,815        

CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE  2,816        

DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN  2,817        

IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR     2,818        

TEN YEARS.  IF THE CLERK PROVIDES A WRITTEN COPY OF ANY            2,819        

INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE          2,820        

CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE   2,821        

RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING.         2,822        

      Sec. 4519.59.  (A)  THE CLERK OF THE COURT OF COMMON PLEAS   2,824        

SHALL CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE,  2,826        

DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE,   2,827        

AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE.  THE CLERK     2,828        

                                                          65     

                                                                 
SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED  2,830        

FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE       2,831        

CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE,  2,832        

ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR  2,834        

DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH          2,835        

NOTATION OF A LIEN.                                                             

      THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED     2,837        

FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS      2,838        

CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING  2,840        

SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A       2,841        

CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR       2,842        

VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE       2,843        

REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT           2,844        

SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN   2,845        

WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION          2,846        

THEREOF.                                                                        

      (B)(1)  THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF THE     2,849        

AMOUNT RECEIVED FOR EACH CERTIFICATE OF TITLE AND ALL OF THE       2,850        

AMOUNTS RECEIVED FOR EACH NOTATION OF ANY LIEN AND EACH DUPLICATE  2,851        

CERTIFICATE OF TITLE INTO THE STATE BUREAU OF MOTOR VEHICLES FUND  2,852        

ESTABLISHED IN SECTION 4501.25 OF THE REVISED CODE.                2,855        

      (2)  FIFTY CENTS OF THE AMOUNT RECEIVED FOR EACH             2,858        

CERTIFICATE OF TITLE SHALL BE PAID BY THE REGISTRAR AS FOLLOWS:    2,859        

      (a)  FOUR CENTS SHALL BE PAID INTO THE STATE TREASURY TO     2,862        

THE CREDIT OF THE MOTOR VEHICLE DEALERS BOARD FUND CREATED IN      2,863        

SECTION 4505.09 OF THE REVISED CODE, FOR USE AS DESCRIBED IN       2,865        

DIVISION (B)(2)(a) OF THAT SECTION.                                2,868        

      (b)  TWENTY-ONE CENTS SHALL BE PAID INTO THE GENERAL         2,871        

REVENUE FUND;                                                                   

      (c)  TWENTY-FIVE CENTS SHALL BE PAID INTO THE STATE          2,874        

TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES AUDIT FUND       2,875        

CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS         2,877        

DESCRIBED IN DIVISION (B)(2)(c) OF THAT SECTION.                   2,880        

      (3)  TWO DOLLARS OF THE AMOUNT RECEIVED BY THE REGISTRAR     2,883        

                                                          66     

                                                                 
FOR EACH CERTIFICATE OF TITLE SHALL BE PAID INTO THE STATE         2,884        

TREASURY TO THE CREDIT OF THE AUTOMATED TITLE PROCESSING FUND      2,885        

CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS         2,887        

DESCRIBED IN DIVISION (B)(3)(a) OF THAT SECTION.                   2,890        

      Sec. 4519.60.  IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF  2,892        

AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF   2,893        

LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY,  2,894        

INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION   2,895        

IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY      2,896        

AGREEMENT AS PROVIDED IN CHAPTER 1309. OF THE REVISED CODE, THE    2,897        

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

LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR         2,898        

ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR    2,899        

CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S           2,901        

CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO   2,902        

THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF                      

POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,  2,903        

AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 OF THE   2,904        

REVISED CODE, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE   2,905        

OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO     2,907        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.  ONLY AN        2,908        

AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION  2,909        

OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED,   2,911        

SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION    2,912        

AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT    2,913        

ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND        2,914        

OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND                    

RIGHT OF POSSESSION.  IF THE APPLICANT CANNOT PRODUCE SUCH PROOF   2,915        

OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR    2,916        

OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND   2,917        

THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY           2,918        

AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE.  IF, FROM     2,919        

THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY                 

LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE     2,920        

                                                          67     

                                                                 
CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS  2,921        

THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS           2,922        

EXTINCTION.                                                                     

      Sec. 4519.61.  (A)  EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE  2,925        

OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE   2,926        

LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR      2,927        

ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH   2,928        

MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE    2,930        

OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT   2,931        

THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN     2,933        

THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF       2,934        

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    2,935        

LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S   2,936        

RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE    2,937        

CANCELLATION.                                                                   

      UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE       2,939        

MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR     2,940        

MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM         2,941        

CERTIFICATES IN THAT CHAIN OF TITLE.                                            

      (B)  WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE           2,944        

CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,945        

VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE   2,946        

REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE       2,948        

CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE  2,949        

VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR       2,950        

DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,        2,951        

COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE    2,952        

CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR   2,953        

VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION"  2,954        

ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE             2,955        

CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR   2,956        

SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON   2,957        

PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION.  IF THE         2,958        

                                                          68     

                                                                 
SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   2,960        

VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR  2,961        

A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR    2,962        

ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED   2,963        

IN DIVISION (C)(1) OF THIS SECTION.                                2,964        

      (C)(1)  WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY   2,967        

IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE    2,968        

VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE       2,969        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR    2,970        

CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE            2,971        

CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     2,973        

VEHICLE AND PROCEED AS FOLLOWS.  WITHIN THIRTY DAYS THE INSURANCE  2,975        

COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF     2,976        

THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A         2,977        

SALVAGE CERTIFICATE OF TITLE.  THE CLERK SHALL ISSUE THE SALVAGE   2,978        

CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT  2,980        

SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF   2,981        

TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE        2,982        

ORIGINAL CERTIFICATE OF TITLE.  EXCEPT AS PROVIDED IN DIVISION     2,983        

(C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE  2,984        

ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY       2,985        

OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR     2,986        

OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     2,987        

VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE             2,988        

TRANSFERABLE TO ANY OTHER PERSON.  THE CLERK OF THE COURT OF       2,989        

COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF    2,990        

PROCESSING EACH SALVAGE CERTIFICATE OF TITLE.                      2,991        

      (2)  IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY        2,994        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1)  2,995        

OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE TO NORMAL OPERATION,   2,996        

THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF TITLE TO THE   2,997        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A SALVAGE DEALER  2,999        

OR SCRAP METAL PROCESSING FACILITY AND SEND THE ASSIGNED                        

CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS OF  3,001        

                                                          69     

                                                                 
THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL PROCESSING   3,002        

FACILITY IS LOCATED.  THE INSURANCE COMPANY SHALL MARK THE FACE    3,003        

OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL DELIVER A  3,004        

PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE DEALER OR     3,005        

SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.                                

      (3)  IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY        3,007        

IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OF ALL-PURPOSE     3,009        

VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT  3,010        

IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE         3,011        

INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE       3,012        

VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO     3,013        

RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE     3,014        

VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR        3,015        

CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM     3,016        

UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE      3,017        

VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE   3,018        

TO THE INSURANCE COMPANY.                                          3,019        

      (D)  WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING     3,022        

COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY   3,023        

MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR      3,024        

DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO     3,025        

REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY,  3,026        

OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING:                 3,027        

      (1)  MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE        3,029        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION"    3,031        

AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT   3,032        

OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF   3,033        

THIS SECTION.  THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING    3,034        

COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE           3,035        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A     3,036        

PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR      3,037        

SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY    3,039        

MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED,     3,040        

CRUSHED, OR DESTROYED.                                                          

                                                          70     

                                                                 
      (2)  OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE            3,042        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE   3,044        

SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED   3,045        

CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND      3,046        

THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR    3,048        

ALL-PURPOSE VEHICLE.  IF THE OFF-HIGHWAY MOTORCYCLE OR             3,049        

ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION,        3,050        

RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A      3,051        

SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR      3,052        

ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK    3,053        

OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER  3,054        

RESIDES.                                                           3,055        

      (E)  IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE     3,058        

TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR         3,059        

OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF  3,060        

COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE    3,061        

STATE HIGHWAY PATROL.  THE INSPECTION SHALL INCLUDE ESTABLISHING   3,062        

PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND       3,063        

VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR     3,065        

ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE                    

MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY      3,067        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH           3,068        

DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF        3,069        

INSPECTION.  UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE                  

STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED          3,070        

INSPECTION FORM.  THE CLERK, UPON SUBMISSION OF THE COMPLETED      3,071        

INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF        3,073        

TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY  3,074        

THE REGISTRAR.  THE CERTIFICATE OF TITLE SHALL BE IN THE SAME      3,075        

FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME     3,076        

NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL        3,077        

CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE"   3,078        

IN BLACK BOLDFACE LETTERS ON ITS FACE.  EVERY SUBSEQUENT           3,079        

CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR          3,080        

                                                          71     

                                                                 
CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM             3,081        

CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR      3,082        

ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE"    3,084        

IN BLACK BOLDFACE LETTERS ON ITS FACE.  THE EXACT LOCATION ON THE  3,085        

FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE"    3,086        

SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN         3,087        

AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM   3,088        

TO COMPLY WITH THIS DIVISION.  THE CLERK SHALL USE REASONABLE      3,089        

CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS         3,090        

DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS        3,091        

DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF   3,092        

THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE  3,094        

PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES.  A FEE OF     3,095        

FIFTY DOLLARS SHALL BE ASSESSED BY THE STATE HIGHWAY PATROL FOR    3,096        

EACH INSPECTION MADE PURSUANT TO THIS DIVISION.                    3,097        

      (F)  NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE    3,100        

CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION"    3,101        

AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL    3,102        

BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL.                 3,103        

      Sec. 4519.62.  IN THE EVENT OF A LOST OR DESTROYED           3,105        

CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF    3,106        

THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF   3,107        

TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR    3,108        

ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A        3,109        

CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE   3,110        

REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED               

BY SECTION 4519.59 OF THE REVISED CODE.  THE APPLICATION SHALL BE  3,111        

SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE  3,112        

CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO  3,113        

THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER.  THE         3,114        

CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE    3,115        

WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY  3,116        

MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE                         

ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS   3,118        

                                                          72     

                                                                 
IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE        3,119        

ORIGINAL HOLDER OF THE CERTIFIED COPY HAD.  ANY PURCHASER OF THE   3,120        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF      3,121        

PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE      3,122        

PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY         3,123        

MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE        3,125        

PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY                  

CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE.  IN THE EVENT OF    3,126        

THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER,   3,127        

THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF    3,128        

TITLE TO THE CLERK FOR CANCELLATION.                               3,129        

      THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY      3,131        

MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING  3,133        

LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME   3,134        

TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM  3,135        

CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM           3,136        

PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE                      

APPLICANT.  UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE   3,137        

CORRECT, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 OF    3,138        

THE REVISED CODE, THE CLERK SHALL ISSUE TO THE APPLICANT A         3,139        

MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR           3,140        

ALL-PURPOSE VEHICLE.  IN THE EVENT THE MEMORANDUM CERTIFICATE IS   3,142        

LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY               

OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED  3,143        

BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE.      3,144        

THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO    3,145        

EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE          3,146        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN.   3,148        

      Sec. 4519.63.  THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK  3,150        

OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON   3,151        

AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE      3,152        

INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE      3,153        

VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR    3,155        

OTHER CLASSIFICATION AS THEY MAY DIRECT.  THE REGISTRAR OR THE     3,156        

                                                          73     

                                                                 
CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND   3,157        

THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE                     

VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE  3,158        

INFORMATION AND ATTESTATIONS THEREOF.                              3,159        

      FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS:     3,161        

      (A)  FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE,     3,163        

TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF;                  3,164        

      (B)  FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS         3,166        

THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR    3,167        

REPORTED ON;                                                                    

      (C)  FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO     3,169        

DOLLARS PER COPY.  THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF   3,172        

RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.                      

      SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE    3,174        

FACTS THEREIN STATED IN ANY COURT OF THE STATE.  THE REGISTRAR     3,175        

AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT       3,176        

CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF       3,177        

POLICE, OR THE ATTORNEY GENERAL.  THE CLERK ALSO MAY PROVIDE A     3,178        

COPY OF A CERTIFICATE OF TITLE TO A PUBLIC AGENCY WITHOUT CHARGE.  3,179        

      THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS    3,181        

SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF   3,182        

THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION     3,184        

4501.25 OF THE REVISED CODE.  THOSE FEES COLLECTED BY THE CLERK                 

AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF    3,185        

TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE         3,186        

REVISED CODE.                                                      3,187        

      Sec. 4519.64.  MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY    3,189        

MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE    3,190        

AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES.   3,191        

THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY  3,192        

OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF     3,193        

THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE         3,194        

FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE                     

RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY        3,195        

                                                          74     

                                                                 
PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE              3,196        

MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE  3,197        

NAMES OF THE AGENTS.                                                            

      Sec. 4519.65.  THE CLERK OF THE COURT OF COMMON PLEAS AND    3,199        

THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR    3,200        

AFFIDAVIT REQUIRED BY THIS CHAPTER.                                3,201        

      Sec. 4519.66.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      3,203        

      (A)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      3,206        

ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE  3,208        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A           3,209        

CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE       3,210        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;                                  

      (B)  OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR      3,213        

ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY   3,214        

MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS     3,215        

BEEN CANCELED;                                                                  

      (C)  FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON         3,217        

CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND    3,218        

NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER;                      3,219        

      (D)  FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE       3,221        

CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER,    3,223        

IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE    3,224        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE     3,225        

CERTIFICATE OF TITLE;                                                           

      (E)  VIOLATE SECTIONS 4519.51 TO 4519.70 OF THE REVISED      3,227        

CODE FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL      3,228        

RULES PROMULGATED PURSUANT TO THOSE SECTIONS.                      3,229        

      Sec. 4519.67.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      3,231        

      (A)  PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE    3,233        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR    3,234        

ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF   3,235        

TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR    3,236        

HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR        3,237        

ALL-PURPOSE VEHICLE HAS BEEN STOLEN;                               3,238        

                                                          75     

                                                                 
      (B)  SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY     3,241        

MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR                

ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED,         3,243        

REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE        3,244        

DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE   3,245        

MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER.          3,246        

      (C)  SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR           3,248        

ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR         3,249        

TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR  3,250        

IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS       3,251        

PROVIDED FOR IN THIS CHAPTER.                                                   

      Sec. 4519.68.  (A)(1)  CHAPTER 1309. OF THE REVISED CODE     3,253        

DOES NOT PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD    3,255        

OF A SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR       3,256        

ALL-PURPOSE VEHICLE, EXCEPT AS PROVIDED IN DIVISION (A)(2) OF      3,258        

THIS SECTION.                                                                   

      (2)  SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE APPLY   3,262        

TO A SECURITY INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR             3,263        

ALL-PURPOSE VEHICLE HELD AS INVENTORY, AS DEFINED IN DIVISION (D)  3,265        

OF SECTION 1309.07 OF THE REVISED CODE, FOR SALE BY A DEALER.      3,267        

THE SECURITY INTEREST HAS PRIORITY OVER CREDITORS OF THE DEALER    3,268        

AS PROVIDED IN SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE     3,271        

WITHOUT NOTATION OF THE SECURITY INTEREST ON A CERTIFICATE OF      3,272        

TITLE OR WITHOUT THE RETENTION OF A MANUFACTURER'S OR IMPORTER'S   3,273        

CERTIFICATE.                                                                    

      (B)  SUBJECT TO DIVISION (A) OF THIS SECTION, ANY SECURITY   3,278        

AGREEMENT COVERING A SECURITY INTEREST IN AN OFF-HIGHWAY           3,279        

MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF A NOTATION OF THE AGREEMENT  3,281        

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          3,282        

CREDITORS OF THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND    3,283        

AGAINST SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER          3,284        

LIENHOLDERS OR CLAIMANTS.  ALL SECURITY INTERESTS, LIENS,                       

MORTGAGES, AND ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE      3,286        

                                                          76     

                                                                 
TAKE PRIORITY ACCORDING TO THE ORDER OF TIME IN WHICH THEY ARE     3,287        

NOTED THEREON BY THE CLERK.  EXPOSURE FOR SALE OF ANY OFF-HIGHWAY  3,288        

MOTORCYCLE OR ALL-PURPOSE VEHICLE BY ITS OWNER, WITH THE           3,289        

KNOWLEDGE OR WITH THE KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY   3,290        

SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE THEREON, DOES    3,291        

NOT RENDER THE SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE   3,292        

INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR AGAINST      3,294        

HOLDERS OF SUBSEQUENT SECURITY INTERESTS, LIENS, MORTGAGES, OR     3,295        

ENCUMBRANCES UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        3,296        

VEHICLE.                                                           3,297        

      THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY         3,299        

AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY  3,300        

IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE    3,301        

CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 OF  3,302        

THE REVISED CODE, MAY HAVE A NOTATION OF THE SECURITY INTEREST                  

MADE ON THE FACE OF THE CERTIFICATE OF TITLE AND, IF SUCH A        3,304        

NOTATION IS MADE, ANOTHER NOTATION OF THE LIEN SHALL BE ENTERED    3,306        

INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE                    

TITLES.  THE CLERK, OVER THE CLERK'S SIGNATURE AND SEAL OF         3,308        

OFFICE, SHALL ISSUE A NEW ORIGINAL CERTIFICATE OF TITLE FROM THE   3,309        

AUTOMATED TITLE PROCESSING SYSTEM THAT INDICATES THE SECURITY      3,310        

INTEREST AND THE DATE OF THE SECURITY INTEREST.                    3,311        

      WHEN THE SECURITY INTEREST IS DISCHARGED, THE HOLDER         3,313        

THEREOF SHALL NOTE THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON    3,315        

THE FACE OF THE CERTIFICATE OF TITLE OR OVER THE HOLDER'S          3,316        

SIGNATURE ON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES  3,317        

WHEN THERE IS NO SPACE FOR THE DISCHARGE ON THE FACE OF THE                     

CERTIFICATE OF TITLE.  PRIOR TO DELIVERING THE CERTIFICATE TO THE  3,319        

OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY   3,320        

ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE     3,321        

THE CLERK NOTE THE CANCELLATION OF THE SECURITY INTEREST ON THE                 

FACE OF THE CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE       3,323        

CLERK.  IF THE CANCELLATION APPEARS TO BE GENUINE, THE CLERK       3,324        

SHALL NOTE THE CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO   3,325        

                                                          77     

                                                                 
SHALL NOTE THE CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE  3,326        

REGISTRAR, WHO SHALL NOTE THE CANCELLATION.  IF A SECURITY         3,327        

INTEREST THAT IS DISCHARGED DOES NOT APPEAR ON THE FACE OF THE                  

CERTIFICATE OF TITLE BUT INSTEAD WAS ENTERED INTO THE AUTOMATED    3,329        

TITLE PROCESSING SYSTEM FOR MOTOR VEHICLES, THE CLERK SHALL ENTER  3,330        

THE CANCELLATION INTO THE AUTOMATED TITLE PROCESSING SYSTEM AND    3,331        

ALSO SHALL NOTE THE CANCELLATION ON A FORM PRESCRIBED BY THE       3,332        

REGISTRAR.                                                                      

      Sec. 4519.69.  IF THE APPLICATION FOR A CERTIFICATE OF       3,334        

TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE   3,335        

LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION       3,336        

SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED   3,338        

BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR,       3,339        

SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S                          

IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR             3,341        

ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS          3,342        

DESIRED.  THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH     3,343        

FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES.  THE                  

PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE   3,344        

VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN     3,346        

ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR         3,348        

VEHICLE DEALER.  ADDITIONALLY, THE PHYSICAL INSPECTION OF A        3,349        

SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN  3,350        

INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS  3,351        

OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER  3,353        

4738. OF THE REVISED CODE.  THE DEPUTY REGISTRAR, THE MOTOR        3,354        

VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A   3,355        

MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE       3,356        

PHYSICAL INSPECTION.                                                            

      THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE    3,358        

OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL  3,359        

INSPECTION CERTIFICATE.  THE CLERK SHALL RETAIN FIFTY CENTS OF     3,360        

THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE        3,362        

REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH    3,363        

                                                          78     

                                                                 
SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY                

OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS      3,364        

RECEIVED BY THE CLERK.  THE REGISTRAR SHALL PAY SUCH REMAINING     3,365        

SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF  3,366        

MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED  3,368        

CODE.                                                              3,369        

      Sec. 4519.70.  (A)(1)  NO MINOR UNDER EIGHTEEN YEARS OF AGE  3,372        

SHALL PURCHASE OR OTHERWISE ACQUIRE AN OFF-HIGHWAY MOTORCYCLE OR   3,373        

ALL-PURPOSE VEHICLE AND OBTAIN A CERTIFICATE OF TITLE FOR THE      3,374        

MOTORCYCLE OR VEHICLE UNLESS THE APPLICATION FOR THE CERTIFICATE   3,375        

OF TITLE IS ACCOMPANIED BY A FORM PRESCRIBED BY THE REGISTRAR OF   3,376        

MOTOR VEHICLES THAT IS SIGNED BY A PARENT OF THE MINOR, THE        3,377        

MINOR'S GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR      3,378        

AUTHORIZING THE PURCHASE OR ACQUISITION OF THE OFF-HIGHWAY         3,379        

MOTORCYCLE OR ALL-PURPOSE VEHICLE.                                 3,380        

      (2)  NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL SELL OR      3,383        

OTHERWISE DISPOSE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE      3,384        

VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER     3,385        

THIS CHAPTER UNLESS A PARENT OF THE MINOR, THE MINOR'S GUARDIAN,   3,386        

OR OTHER PERSON HAVING CUSTODY OF THE MINOR FURNISHES TO THE       3,387        

BUYER OR PERSON ACQUIRING THE MOTORCYCLE OR VEHICLE, AT THE TIME   3,388        

OF THE SALE OR DISPOSITION, A FORM PRESCRIBED BY THE REGISTRAR     3,389        

THAT IS SIGNED BY THE PARENT, GUARDIAN, OR OTHER PERSON            3,390        

AUTHORIZING THE SALE OR DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE  3,391        

OR ALL-PURPOSE VEHICLE.                                                         

      (B)  AT THE TIME AN APPLICATION FOR A CERTIFICATE OF TITLE   3,394        

FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN  3,395        

DIVISION (A) OF THIS SECTION IS SUBMITTED, THE ADULT WHO SIGNED    3,397        

THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, OR           3,398        

ACQUISITION OF THE MOTORCYCLE OR VEHICLE BY THE MINOR SHALL BE     3,399        

PRESENT AND SHALL PROVIDE IDENTIFICATION ESTABLISHING THAT THE     3,400        

ADULT IS THE INDIVIDUAL WHOSE SIGNATURE APPEARS ON THE FORM.  THE  3,401        

REGISTRAR SHALL PRESCRIBE, BY RULE, THE TYPES OF IDENTIFICATION    3,402        

THAT ARE ACCEPTABLE FOR THE PURPOSES OF THIS DIVISION.  IF THE     3,403        

                                                          79     

                                                                 
ADULT WHO SIGNED THE FORM DOES NOT PROVIDE IDENTIFICATION AS       3,404        

REQUIRED BY THIS DIVISION, THE APPLICATION SHALL BE REFUSED.       3,405        

      (C)  NO RIGHT, TITLE, CLAIM TO, OR INTEREST IN AN            3,407        

OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE ACQUIRED    3,409        

BY OR FROM A MINOR UNLESS THE APPLICATION FOR A CERTIFICATE OF     3,410        

TITLE FOR THE MOTORCYCLE OR VEHICLE IS ACCOMPANIED BY THE FORM     3,411        

REQUIRED BY THIS SECTION.                                          3,412        

      (D)  NO CLERK OF A COURT OF COMMON PLEAS SHALL BE HELD       3,414        

LIABLE IN ANY CIVIL ACTION THAT ARISES UNDER THE LAW OF THIS       3,415        

STATE FOR INJURY OR LOSS TO PERSONS OR PROPERTY CAUSED WHEN A      3,416        

PERSON HAS OBTAINED A CERTIFICATE OF TITLE IN VIOLATION OF THIS    3,417        

SECTION, UNLESS THE CLERK FAILED TO USE REASONABLE DILIGENCE IN    3,418        

ASCERTAINING THE AGE OF THE MINOR OR THE IDENTITY OF THE ADULT     3,419        

WHO SIGNED THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE,   3,420        

OR ACQUISITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE        3,421        

VEHICLE BY THE MINOR.                                              3,422        

      Sec. 4519.99.  (A)  Whoever violates division (A) of         3,431        

section 4519.02, or division (A), (B), or (C) of section 4519.05,  3,432        

of the Revised Code shall be fined not more than twenty-five       3,433        

dollars for a first offense; for each subsequent offense such      3,434        

person shall be fined not less than twenty-five nor more than      3,435        

fifty dollars.                                                     3,436        

      (B)  Whoever violates section 4519.06 of the Revised Code    3,438        

shall be fined not more than fifty dollars for a first offense;    3,439        

for each subsequent offense such person shall be fined not less    3,440        

than fifty nor more than two hundred dollars.                      3,441        

      (C)  Whoever violates division (E)(B) of section 4519.20,    3,443        

or section 4519.22, of the Revised Code shall be fined not more    3,444        

than fifty dollars for a first offense; for each subsequent        3,445        

offense within one year of a first offense such person shall be    3,446        

fined not less than fifteen nor more than one hundred dollars or   3,447        

imprisoned not more than three days, or both.                      3,448        

      (D)  Whoever violates section 4519.40 or 4519.44 of the      3,450        

Revised Code shall be fined not less than fifty nor more than      3,451        

                                                          80     

                                                                 
five hundred dollars or imprisoned not less than three nor more    3,452        

than thirty days, or both.                                         3,453        

      (E)  Whoever violates section 4519.45 of the Revised Code    3,455        

shall be fined not less than one hundred nor more than five        3,456        

hundred dollars.                                                   3,457        

      (F)  WHOEVER VIOLATES SECTION 4519.66 OF THE REVISED CODE    3,459        

SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED    3,460        

NOT MORE THAN NINETY DAYS, OR BOTH.                                             

      (G)  WHOEVER VIOLATES SECTION 4519.67 OF THE REVISED CODE    3,462        

SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED  3,463        

IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE  3,464        

THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE    3,465        

THAN FIVE YEARS, OR BOTH.                                                       

      (H)  WHOEVER VIOLATES SECTION 4519.52 OF THE REVISED CODE    3,467        

SHALL BE FINED FIFTY DOLLARS.                                      3,468        

      Section 2.  That existing sections 325.33, 4501.01,          3,470        

4503.10, 4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02,     3,471        

4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09,    3,472        

4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42,     3,473        

4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99  3,475        

of the Revised Code are hereby repealed.                           3,476        

      Section 3.  Sections 1 and 2 of this act shall take effect   3,478        

January 1, 1999.                                                   3,479        

      Section 4.  Section 4503.10 of the Revised Code is           3,481        

presented in this act as a composite of the section as amended by  3,482        

both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General        3,483        

Assembly, with the new language of neither of the acts shown in    3,485        

capital letters.  This is in recognition of the principle stated   3,486        

in division (B) of section 1.52 of the Revised Code that such      3,487        

amendments are to be harmonized where not substantively            3,488        

irreconcilable and constitutes a legislative finding that such is  3,489        

the resulting version in effect prior to the effective date of     3,490        

this act.