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.