As Reported by the Senate Highways and Transportation Committee 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
SENATOR OELSLAGER 13
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A B I L L
To amend sections 325.33, 4501.01, 4503.10, 4505.06, 17
4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 18
4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 19
4519.08, 4519.09, 4519.11, 4519.20, 4519.21, 20
4519.22, 4519.40 to 4519.48, and 4519.99 and to 21
enact sections 4519.10, and 4519.51 to 4519.70 of 22
the Revised Code to require that the owners of 23
certain off-highway motorcycles and all-purpose 24
vehicles obtain certificates of title for the 25
vehicles. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 325.33, 4501.01, 4503.10, 30
4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 4519.03, 31
4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 4519.11, 32
4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42, 4519.43, 33
4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99 be 34
amended and sections 4519.10, 4519.51, 4519.52, 4519.53, 4519.54, 35
4519.55, 4519.56, 4519.57, 4519.58, 4519.59, 4519.60, 4519.61, 36
4519.62, 4519.63, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68, 37
4519.69, and 4519.70 of the Revised Code be enacted to read as 38
follows:
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Sec. 325.33. Notwithstanding sections 325.27 and 325.31 of 47
the Revised Code, all fees retained by the clerk of courts under 48
Chapters 1548. and, 4505., AND 4519. of the Revised Code shall be 50
paid into the county treasury to the credit of the certificate of 51
title administration fund, which is hereby created. Except as
otherwise provided in this section, fees credited to the fund 52
shall be used only to pay the costs incurred by the clerk of 53
courts in processing titles under Chapters 1548. and, 4505., AND 54
4519. of the Revised Code. However, if the board of county 56
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 57
transferred to the county general fund and used for other county 58
purposes. If the board of county commissioners and the clerk of 59
courts are unable to agree on the amount of any such excess, the 60
county budget commission shall determine the amount that will be 61
transferred to the county general fund.
Sec. 4501.01. As used in this chapter and Chapters 4503., 70
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 71
Revised Code, and in the penal laws, except as otherwise 72
provided: 73
(A) "Vehicles" means everything on wheels or runners, 75
including motorized bicycles, but does not mean vehicles that are 76
operated exclusively on rails or tracks or from overhead electric 77
trolley wires and vehicles that belong to any police department, 78
municipal fire department, or volunteer fire department, or that 79
are used by such a department in the discharge of its functions. 80
(B) "Motor vehicle" means any vehicle, including 82
manufactured homes and recreational vehicles, that is propelled 83
or drawn by power other than muscular power or power collected 84
from overhead electric trolley wires, except motorized bicycles, 85
road rollers, traction engines, power shovels, power cranes, and 86
other equipment used in construction work and not designed for or 87
employed in general highway transportation, well-drilling 88
machinery, ditch-digging machinery, farm machinery, trailers that 89
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are used to transport agricultural produce or agricultural 90
production materials between a local place of storage or supply 91
and the farm when drawn or towed on a public road or highway at a 92
speed of twenty-five miles per hour or less, threshing machinery, 93
hay-baling machinery, corn sheller, hammermill and agricultural 94
tractors, machinery used in the production of horticultural, 95
agricultural, and vegetable products, and trailers that are 96
designed and used exclusively to transport a boat between a place 97
of storage and a marina, or in and around a marina, when drawn or 98
towed on a public road or highway for a distance of no more than 99
ten miles and at a speed of twenty-five miles per hour or less. 100
(C) "Agricultural tractor" and "traction engine" mean any 102
self-propelling vehicle that is designed or used for drawing 103
other vehicles or wheeled machinery, but has no provisions for 104
carrying loads independently of such other vehicles, and that is 105
used principally for agricultural purposes. 106
(D) "Commercial tractor," except as defined in division 108
(C) of this section, means any motor vehicle that has motive 109
power and either is designed or used for drawing other motor 110
vehicles, or is designed or used for drawing another motor 112
vehicle while carrying a portion of the other motor vehicle or 113
its load, or both.
(E) "Passenger car" means any motor vehicle that is 115
designed and used for carrying not more than nine persons and 116
includes any motor vehicle that is designed and used for carrying 117
not more than fifteen persons in a ridesharing arrangement. 118
(F) "Collector's vehicle" means any motor vehicle or 120
agricultural tractor or traction engine that is of special 121
interest, that has a fair market value of one hundred dollars or 122
more, whether operable or not, and that is owned, operated, 123
collected, preserved, restored, maintained, or used essentially 124
as a collector's item, leisure pursuit, or investment, but not as 125
the owner's principal means of transportation. "Licensed 126
collector's vehicle" means a collector's vehicle, other than an 127
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agricultural tractor or traction engine, that displays current, 128
valid license tags issued under section 4503.45 of the Revised 129
Code, or a similar type of motor vehicle that displays current, 130
valid license tags issued under substantially equivalent 131
provisions in the laws of other states. 132
(G) "Historical motor vehicle" means any motor vehicle 134
that is over twenty-five years old and is owned solely as a 135
collector's item and for participation in club activities, 136
exhibitions, tours, parades, and similar uses, but that in no 137
event is used for general transportation. 138
(H) "Noncommercial motor vehicle" means any motor vehicle, 140
including a farm truck as defined in section 4503.04 of the 141
Revised Code, that is designed by the manufacturer to carry a 142
load of no more than one ton and is used exclusively for purposes 143
other than engaging in business for profit. 144
(I) "Bus" means any motor vehicle that has motor power and 147
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 148
not more than fifteen passengers in a ridesharing arrangement. 149
(J) "Commercial car" means any motor vehicle that has 151
motor power and is designed and used for carrying merchandise or 152
freight, or that is used as a commercial tractor. 153
(K) "Bicycle" means every device, other than a tricycle 155
that is designed solely for use as a play vehicle by a child, 157
that is propelled solely by human power upon which any person may 158
ride, and that has either two tandem wheels, or one wheel in 159
front and two wheels in the rear, any of which is more than 160
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has 162
two tandem wheels or one wheel in the front and two wheels in the 164
rear, that is capable of being pedaled, and that is equipped with
a helper motor of not more than fifty cubic centimeters piston 165
displacement that produces no more than one brake horsepower and 166
is capable of propelling the vehicle at a speed of no greater 167
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than twenty miles per hour on a level surface. 168
(M) "Trailer" means any vehicle without motive power that 171
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 172
includes any such vehicle that is formed by or operated as a 173
combination of a semitrailer and a vehicle of the dolly type such 174
as that commonly known as a trailer dolly, a vehicle used to 175
transport agricultural produce or agricultural production 176
materials between a local place of storage or supply and the farm 177
when drawn or towed on a public road or highway at a speed 178
greater than twenty-five miles per hour, and a vehicle that is 179
designed and used exclusively to transport a boat between a place 180
of storage and a marina, or in and around a marina, when drawn or 181
towed on a public road or highway for a distance of more than ten 182
miles or at a speed of more than twenty-five miles per hour. 183
"Trailer" does not include a manufactured home or travel trailer. 184
(N) "Noncommercial trailer" means any trailer, except a 186
travel trailer or trailer that is used to transport a boat as 187
described in division (B) of this section, but, where applicable, 188
includes a vehicle that is used to transport a boat as described 189
in division (M) of this section, that has a gross weight of no 190
more than three thousand pounds, and that is used exclusively for 191
purposes other than engaging in business for a profit. 192
(O) "Manufactured home" means any nonself-propelled 194
vehicle transportable in one or more sections, which, in the 195
traveling mode, is eight body feet or more in width or forty body 196
feet or more in length or, when erected on site, is three hundred 197
twenty or more square feet, and which is built on a permanent 198
chassis and designed to be used as a dwelling with or without a 199
permanent foundation when connected to the required utilities, 200
and includes the plumbing, heating, air conditioning, and 201
electrical systems contained therein. Calculations used to 202
determine the number of square feet in a structure are based on 203
the structure's exterior dimensions measured at the largest 204
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horizontal projections when erected on site. These dimensions 205
include all expandable rooms, cabinets, and other projections 206
containing interior space, but do not include bay windows. 207
(P) "Semitrailer" means any vehicle of the trailer type 209
that does not have motive power and is so designed or used with 210
another and separate motor vehicle that in operation a part of 211
its own weight or that of its load, or both, rests upon and is 212
carried by the other vehicle furnishing the motive power for 213
propelling itself and the vehicle referred to in this division, 214
and includes, for the purpose only of registration and taxation 215
under those chapters, any vehicle of the dolly type, such as a 216
trailer dolly, that is designed or used for the conversion of a 217
semitrailer into a trailer. 218
(Q) "Recreational vehicle" means a vehicular portable 220
structure that is designed and constructed to be used as a 221
temporary dwelling for travel, recreational, and vacation uses 222
and is classed as follows: 223
(1) "Travel trailer" means a nonself-propelled 225
recreational vehicle that does not exceed an overall length of 226
thirty-five feet, exclusive of bumper and tongue or coupling, and 227
includes a tent-type fold-out camping trailer as defined in 228
section 4517.01 of the Revised Code. 229
(2) "Motor home" means a self-propelled recreational 231
vehicle that is constructed with permanently installed facilities 232
for cold storage, cooking and consuming of food, and for 233
sleeping.
(3) "Truck camper" means a nonself-propelled recreational 235
vehicle that does not have wheels for road use and is designed to 236
be placed upon and attached to a motor vehicle. "Truck camper" 237
does not include truck covers that consist of walls and a roof, 238
but do not have floors and facilities enabling them to be used as 239
a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such 241
size and weight as to be movable without a special highway 242
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permit, that has a gross trailer area of four hundred square feet 243
or less, that is constructed with a raised forward section that 244
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 245
in the bed of a truck. 246
(5) "Park trailer" means a vehicle that is commonly known 248
as a park model recreational vehicle, meets the American national 249
standard institute standard A119.5 (1988) for park trailers, is 250
built on a single chassis, has a gross trailer area of four 251
hundred square feet or less when set up, is designed for seasonal 252
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances. 253
(R) "Pneumatic tires" means tires of rubber and fabric or 255
tires of similar material, that are inflated with air. 256
(S) "Solid tires" means tires of rubber or similar elastic 258
material that are not dependent upon confined air for support of 259
the load.
(T) "Solid tire vehicle" means any vehicle that is 261
equipped with two or more solid tires. 262
(U) "Farm machinery" means all machines and tools that are 264
used in the production, harvesting, and care of farm products, 265
and includes trailers that are used to transport agricultural 266
produce or agricultural production materials between a local 267
place of storage or supply and the farm when drawn or towed on a 268
public road or highway at a speed of twenty-five miles per hour 269
or less.
(V) "Owner" includes any person, firm, or corporation 271
other than a manufacturer or dealer that has title to a motor 272
vehicle, except that in sections 4505.01 to 4505.19 of the 273
Revised Code, "owner" includes in addition manufacturers and 274
dealers.
(W) "Manufacturer" and "dealer" include all persons, 276
firms, and corporations that are regularly engaged in the 277
business of manufacturing, selling, displaying, offering for 278
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sale, or dealing in motor vehicles, at an established place of 279
business that is used exclusively for the purpose of 280
manufacturing, selling, displaying, offering for sale, or dealing 281
in motor vehicles. A place of business that is used for 282
manufacturing, selling, displaying, offering for sale, or dealing 283
in motor vehicles shall be deemed to be used exclusively for 284
those purposes even though snowmobiles or all-purpose vehicles 285
are sold or displayed for sale thereat, even though farm 286
machinery is sold or displayed for sale thereat, or even though 287
repair, accessory, gasoline and oil, storage, parts, service, or 288
paint departments are maintained thereat, or, in any county 289
having a population of less than seventy-five thousand persons at 290
the last federal census, even though a department in a place of 291
business is used to dismantle, salvage, or rebuild motor vehicles 292
by means of used parts, if such departments are operated for the 293
purpose of furthering and assisting in the business of 294
manufacturing, selling, displaying, offering for sale, or dealing 295
in motor vehicles. Places of business or departments in a place 296
of business used to dismantle, salvage, or rebuild motor vehicles 297
by means of using used parts are not considered as being 298
maintained for the purpose of assisting or furthering the 299
manufacturing, selling, displaying, and offering for sale or 300
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 302
a motor vehicle upon the public highways. 303
(Y) "Chauffeur" means any operator who operates a motor 305
vehicle, other than a taxicab, as an employee for hire; or any 306
operator whether or not the owner of a motor vehicle, other than 307
a taxicab, who operates such vehicle for transporting, for gain, 308
compensation, or profit, either persons or property owned by 309
another. Any operator of a motor vehicle who is voluntarily 310
involved in a ridesharing arrangement is not considered an 311
employee for hire or operating such vehicle for gain, 312
compensation, or profit.
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(Z) "State" includes the territories and federal districts 314
of the United States, and the provinces of Canada. 315
(AA) "Public roads and highways" for vehicles includes all 317
public thoroughfares, bridges, and culverts. 318
(BB) "Manufacturer's number" means the manufacturer's 320
original serial number that is affixed to or imprinted upon the 321
chassis or other part of the motor vehicle. 322
(CC) "Motor number" means the manufacturer's original 324
number that is affixed to or imprinted upon the engine or motor 325
of the vehicle. 326
(DD) "Bill of sale" means the written statement or 328
document of transfer or conveyance required prior to January 1, 329
1938, to be executed and delivered by the corporation, 330
partnership, association, or person selling, giving away, 331
transferring, or passing title to a motor vehicle. 332
(EE) "Distributor" means any person who is authorized by a 334
motor vehicle manufacturer to distribute new motor vehicles to 335
licensed motor vehicle dealers at an established place of 336
business that is used exclusively for the purpose of distributing 337
new motor vehicles to licensed motor vehicle dealers, except when 338
the distributor also is a new motor vehicle dealer, in which case 339
the distributor may distribute at the location of the 340
distributor's licensed dealership. 341
(FF)(EE) "Ridesharing arrangement" means the 343
transportation of persons in a motor vehicle where the 345
transportation is incidental to another purpose of a volunteer 346
driver and includes ridesharing arrangements known as carpools, 347
vanpools, and buspools. 348
(GG)(FF) "Apportionable vehicle" means any vehicle that is 350
used or intended for use in two or more international 352
registration plan member jurisdictions that allocate or 353
proportionally register vehicles, that is used for the 354
transportation of persons for hire or designed, used, or 355
maintained primarily for the transportation of property, and that 356
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meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 358
excess of twenty-six thousand pounds; 359
(2) Is a power unit having three or more axles, regardless 361
of the gross vehicle weight; 362
(3) Is a combination vehicle with a gross vehicle weight 364
in excess of twenty-six thousand pounds. 365
"Apportionable vehicle" does not include recreational 367
vehicles, vehicles displaying restricted plates, city pick-up and 368
delivery vehicles, buses used for the transportation of chartered 369
parties, or vehicles owned and operated by the United States, 370
this state, or any political subdivisions thereof. 371
(HH)(GG) "Chartered party" means a group of persons who 373
contract as a group to acquire the exclusive use of a 374
passenger-carrying motor vehicle at a fixed charge for the 375
vehicle in accordance with the carrier's tariff, lawfully on file 376
with the United States department of transportation, for the 378
purpose of group travel to a specified destination or for a 379
particular itinerary, either agreed upon in advance or modified 380
by the chartered group after having left the place of origin. 381
(II)(HH) "International registration plan" means a 383
reciprocal agreement of member jurisdictions that is endorsed by 384
the American association of motor vehicle administrators, and 385
that promotes and encourages the fullest possible use of the 386
highway system by authorizing apportioned registration of fleets 387
of vehicles and recognizing registration of vehicles apportioned 388
in member jurisdictions. 389
(JJ)(II) "Restricted plate" means a license plate that has 391
a restriction of time, geographic area, mileage, or commodity, 392
and includes license plates issued to farm trucks under division 393
(K) of section 4503.04 of the Revised Code. 394
(KK)(JJ) "Gross vehicle weight," with regard to any 396
commercial car, trailer, semitrailer, or bus that is taxed at the 398
rates established under section 4503.042 of the Revised Code, 399
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means the unladen weight of the vehicle fully equipped plus the 400
maximum weight of the load to be carried on the vehicle. 401
(LL)(KK) "Combined gross vehicle weight" with regard to 403
any combination of a commercial car, trailer, and semitrailer, 404
that is taxed at the rates established under section 4503.042 of 405
the Revised Code, means the total unladen weight of the 406
combination of vehicles fully equipped plus the maximum weight of 407
the load to be carried on that combination of vehicles. 408
(MM)(LL) "Chauffeured limousine" means a motor vehicle 410
that is designed to carry nine or fewer passengers and is 412
operated for hire on an hourly basis pursuant to a prearranged 413
contract for the transportation of passengers on public roads and 414
highways along a route under the control of the person hiring the 415
vehicle and not over a defined and regular route. "Prearranged 416
contract" means an agreement, made in advance of boarding, to 417
provide transportation from a specific location in a chauffeured 418
limousine at a fixed rate per hour or trip. "Chauffeured 419
limousine" does not include any vehicle that is used exclusively 420
in the business of funeral directing. 421
Sec. 4503.10. (A) THE OWNER OF EVERY SNOWMOBILE, 430
OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE REQUIRED TO BE 432
REGISTERED UNDER SECTION 4519.02 OF THE REVISED CODE SHALL FILE 434
AN APPLICATION FOR REGISTRATION UNDER SECTION 4519.03 OF THE 436
REVISED CODE. THE OWNER OF A MOTOR VEHICLE, OTHER THAN A 438
SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE, THAT 439
IS NOT DESIGNED AND CONSTRUCTED BY THE MANUFACTURER FOR OPERATION 440
ON A STREET OR HIGHWAY MAY NOT REGISTER IT UNDER THIS CHAPTER 441
EXCEPT UPON CERTIFICATION OF INSPECTION PURSUANT TO SECTION 442
4513.02 OF THE REVISED CODE BY THE SHERIFF OR CHIEF OF POLICE OF 445
THE MUNICIPAL OR TOWNSHIP POLICE WITH JURISDICTION OVER THE 446
POLITICAL SUBDIVISION IN WHICH THE OWNER OF THE MOTOR VEHICLE 447
RESIDES. Except as provided in section 4503.103 of the Revised 448
Code, every owner of a EVERY OTHER motor vehicle NOT PREVIOUSLY 449
DESCRIBED IN THIS SECTION and every person mentioned as owner in 450
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the last certificate of title, bill of sale, or sworn statement 451
of ownership of a motor vehicle that is operated or driven upon 452
the public roads or highways shall cause to be filed each year, 453
by mail or otherwise, in the office of the registrar of motor 454
vehicles or a deputy registrar, a written application or a 455
preprinted registration renewal notice issued under section 456
4503.102 of the Revised Code, the form of which shall be 457
prescribed by the registrar, for registration for the following 458
registration year, which shall begin on the first day of January 459
of every calendar year and end on the thirty-first day of 460
December in the same year. Applications for registration and 461
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the 462
Revised Code. Except as provided in division (J) of this 463
section, applications for registration shall be made on blanks 464
furnished by the registrar for that purpose, containing the 465
following information: 466
(1) A brief description of the motor vehicle to be 468
registered, including the name of the manufacturer, the factory 469
number of the vehicle, the year's model, and, in the case of 470
commercial cars, the gross weight of the vehicle fully equipped 471
computed in the manner prescribed in section 4503.08 of the 472
Revised Code; 473
(2) The name and residence address of the owner, and the 476
township and municipal corporation in which the owner resides; 478
(3) The district of registration, which shall be 480
determined as follows: 481
(a) In case the motor vehicle to be registered is used for 483
hire or principally in connection with any established business 484
or branch business, conducted at a particular place, the district 485
of registration is the municipal corporation in which that place 486
is located or, if not located in any municipal corporation, the 487
county and township in which that place is located. 488
(b) In case the vehicle is not so used, the district of 490
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registration is the municipal corporation or county in which the 491
owner resides at the time of making the application. 492
(4) Whether the motor vehicle is a new or used motor 494
vehicle; 495
(5) The date of purchase of the motor vehicle; 497
(6) Whether the fees required to be paid for the 499
registration or transfer of the motor vehicle, during the 500
preceding registration year and during the preceding period of 501
the current registration year, have been paid. Each application 502
for registration shall be signed by the owner, directly or 503
pursuant to obtaining a limited power of attorney authorized by 504
the registrar for registration, or other document authorizing 505
such signature. 506
(7) The owner's social security number, if assigned, or, 508
where a motor vehicle to be registered is used for hire or 509
principally in connection with any established business, the 510
owner's federal taxpayer identification number. 511
(B) Each time the applicant first registers a motor 513
vehicle in the applicant's name, the applicant shall present for 515
inspection proper bills of sale or sworn statement of ownership, 516
the originals of which have been filed with the clerk of the 517
court of common pleas, or a certificate of the clerk certifying 518
that such bills of sale or sworn statement of ownership have been 519
filed with the clerk, or a certificate of title or a memorandum 520
certificate showing title to the motor vehicle to be registered 521
in the applicant. When a motor vehicle inspection and 522
maintenance program is in effect under section 3704.14 of the 523
Revised Code and rules adopted under it, each application for 524
registration for a vehicle required to be inspected under that 525
section and those rules shall be accompanied by an inspection 526
certificate for the motor vehicle issued in accordance with that 527
section. The application shall be refused if any of the 528
following applies:
(1) The application is not in proper form. 530
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(2) The application is prohibited from being accepted by 532
division (D) of section 2935.27, division (A) of section 533
2937.221, division (A) of section 4503.13, division (B) of 534
section 4507.168, or division (B)(1) of section 4521.10 of the 535
Revised Code.
(3) When applicable, proper bills of sale or sworn 537
statement of ownership or proper certificate thereof or A 538
certificate of title or memorandum certificate OF TITLE does not 539
accompany the application. 541
(4) All registration and transfer fees for the motor 543
vehicle, for the preceding year or the preceding period of the 544
current registration year, have not been paid. 545
(5) The owner or lessee does not have an inspection 547
certificate for the motor vehicle as provided in section 3704.14 548
of the Revised Code, and rules adopted under it, if that section 549
is applicable. 550
This section does not require the payment of license or 552
registration taxes on a motor vehicle for any preceding year, or 553
for any preceding period of a year, if the motor vehicle was not 554
taxable for that preceding year or period under sections 4503.02, 555
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 556
Revised Code. When a certificate of registration is issued upon 557
the first registration of a motor vehicle by or on behalf of the 558
owner, the official issuing the certificate shall indicate the 559
issuance with a stamp on the certificate of title or memorandum 560
certificate and on the inspection certificate for the motor 561
vehicle, if any. The official also shall indicate, by a stamp or 562
by such other means as the registrar prescribes, on the 563
registration certificate issued upon the first registration of a 564
motor vehicle by or on behalf of the owner the odometer reading 565
of the motor vehicle as shown in the odometer statement included 566
in or attached to the certificate of title. Upon each subsequent 567
registration of the motor vehicle by or on behalf of the same 568
owner, the official also shall so indicate the odometer reading 569
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of the motor vehicle as shown on the immediately preceding 570
certificate of registration. 571
The registrar shall include in the permanent registration 573
record of any vehicle required to be inspected under section 574
3704.14 of the Revised Code the inspection certificate number 575
from the inspection certificate that is presented at the time of 576
registration of the vehicle as required under this division. 577
(C) In addition, a charge of twenty-five cents shall be 579
made for each reflectorized safety license plate issued, and a 580
single charge of twenty-five cents shall be made for each county 581
identification sticker or each set of county identification 583
stickers issued, as the case may be, to cover the cost of 584
producing the license plates and stickers, including material, 585
manufacturing, and administrative costs. Those fees shall be in 586
addition to the license tax. If the total cost of producing the 587
plates is less than twenty-five cents per plate, or if the total 588
cost of producing the stickers is less than twenty-five cents per 589
sticker or per set issued, any excess moneys accruing from the 590
fees shall be distributed in the same manner as provided by 591
section 4501.04 of the Revised Code for the distribution of 592
license tax moneys. If the total cost of producing the plates 593
exceeds twenty-five cents per plate, or if the total cost of 594
producing the stickers exceeds twenty-five cents per sticker or 595
per set issued, the difference shall be paid from the license tax 597
moneys collected pursuant to section 4503.02 of the Revised Code. 598
(D) Each deputy registrar shall be allowed a fee of two 600
dollars and twenty-five cents for each application for 601
registration and registration renewal notice the deputy registrar 603
receives, which shall be for the purpose of compensating the 604
deputy registrar for the deputy registrar's services, and such 605
office and rental expenses, as may be necessary for the proper 607
discharge of the deputy registrar's duties in the receiving of 609
applications and renewal notices and the issuing of licenses. 610
(E) Upon the certification of the registrar, the county 612
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sheriff or local police officials shall recover license plates 613
erroneously or fraudulently issued. 614
(F) Each deputy registrar, upon receipt of any application 616
for registration or registration renewal notice, together with 617
the license fee and any or local motor vehicle license tax levied 620
pursuant to Chapter 4504. of the Revised Code, shall transmit 621
that fee and tax, if any, in the manner provided in this section, 622
together with the original and duplicate copy of the application, 623
to the registrar. The registrar, subject to the approval of the 624
director of public safety, may deposit the funds collected by 625
those deputies in a local bank or depository to the credit of the 626
"state of Ohio, bureau of motor vehicles." Where a local bank or 627
depository has been designated by the registrar, each deputy 628
registrar shall deposit all moneys collected by the deputy 629
registrar into that bank or depository not more than one business 630
day after their collection and shall make reports to the 632
registrar of the amounts so deposited, together with any other 633
information, some of which may be prescribed by the treasurer of 634
state, as the registrar may require and as prescribed by the 635
registrar by rule. The registrar, within three days after 636
receipt of notification of the deposit of funds by a deputy 637
registrar in a local bank or depository, shall draw on that
account in favor of the treasurer of state. The registrar, 639
subject to the approval of the director and the treasurer of 640
state, may make reasonable rules necessary for the prompt 641
transmittal of fees and for safeguarding the interests of the 642
state and of counties, townships, municipal corporations, and 643
transportation improvement districts levying local motor vehicle 644
license taxes. The registrar may pay service charges usually 648
collected by banks and depositories for such service. If deputy 649
registrars are located in communities where banking facilities 651
are not available, they shall transmit the fees forthwith, by 652
money order or otherwise, as the registrar, by rule approved by 653
the director and the treasurer of state, may prescribe. The 654
17
registrar may pay the usual and customary fees for such service. 655
(G) This section does not prevent any person from making 657
an application for a motor vehicle license directly to the 658
registrar upon payment of a two dollars and twenty-five cents 659
service fee for each application. 660
(H) No person shall make a false statement as to the 662
district of registration in an application required by division 663
(A) of this section. Violation of this division is falsification 664
under section 2921.13 of the Revised Code and punishable as 665
specified in that section. 666
(I)(1) Where applicable, the requirements of division (B) 668
of this section relating to the presentation of an inspection 669
certificate issued under section 3704.14 of the Revised Code and 670
rules adopted under it for a motor vehicle, the refusal of a 671
license for failure to present an inspection certificate, and the 672
stamping of the inspection certificate by the official issuing 673
the certificate of registration apply to the registration of and 674
issuance of license plates for a motor vehicle under sections 675
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 676
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 677
4503.47, and 4503.51 of the Revised Code. 678
(2)(a) The registrar shall adopt rules ensuring that each 680
owner registering a motor vehicle in a county where a motor 681
vehicle inspection and maintenance program is in effect under 682
section 3704.14 of the Revised Code and rules adopted under it 683
receives information about the requirements established in that 684
section and those rules and about the need in those counties to 685
present an inspection certificate with an application for 686
registration or preregistration. 687
(b) Upon request, the registrar shall provide the director 689
of environmental protection, or any person that has been awarded 690
a contract under division (D) of section 3704.14 of the Revised 691
Code, an on-line computer data link to registration information 692
for all passenger cars, noncommercial motor vehicles, and 693
18
commercial cars that are subject to that section. The registrar 694
also shall provide to the director of environmental protection a 695
magnetic data tape containing registration information regarding 696
passenger cars, noncommercial motor vehicles, and commercial cars 697
for which a multi-year registration is in effect under section 698
4503.103 of the Revised Code or rules adopted under it, 699
including, without limitation, the date of issuance of the 700
multi-year registration, the registration deadline established 701
under rules adopted under section 4503.101 of the Revised Code 702
that was applicable in the year in which the multi-year 703
registration was issued, and the registration deadline for 704
renewal of the multi-year registration. 705
(J) Application for registration under the international 707
registration plan, as set forth in sections 4503.60 to 4503.66 of 708
the Revised Code, shall be made to the registrar on forms 709
furnished by the registrar. In accordance with international 710
registration plan guidelines and pursuant to rules adopted by the 711
registrar, the forms shall include the following: 712
(1) A uniform mileage schedule; 714
(2) The gross vehicle weight of the vehicle or combined 716
gross vehicle weight of the combination vehicle as declared by 717
the registrant; 718
(3) Any other information the registrar requires by rule. 721
Sec. 4505.06. (A) Application for a certificate of title 730
shall be made upon a form prescribed by the registrar of motor 731
vehicles, and shall be sworn to before a notary public or other 732
officer empowered to administer oaths. The application shall be 733
filed with the clerk of the court of common pleas of the county 734
in which the applicant resides if the applicant is a resident of 735
this state or, if not a resident, in the county in which the 736
transaction is consummated. The application shall be accompanied 737
by the fee prescribed in section 4505.09 of the Revised Code; and 738
if a certificate of title previously has been issued for the 739
motor vehicle in this state, it shall be accompanied by that 740
19
certificate of title duly assigned, unless otherwise provided in 741
this chapter. If a certificate of title previously has not been 742
issued for the motor vehicle in this state, the application, 743
unless otherwise provided in this chapter, shall be accompanied 744
by a manufacturer's or importer's certificate or by a certificate 745
of title, bill of sale, or other evidence of ownership required 748
by the law of another state from which the motor vehicle was 749
brought into this state. If the application refers to a motor 750
vehicle last previously registered in another state, the 751
application also shall be accompanied by the physical inspection 752
certificate required by section 4505.061 of the Revised Code. If 753
the application is made by two persons regarding a motor vehicle 754
in which they wish to establish joint ownership with right of 755
survivorship they may do so as provided in section 2106.17 of the 756
Revised Code. The clerk shall retain the evidence of title 757
presented by the applicant and on which the certificate of title 758
is issued. The clerk shall use reasonable diligence in 759
ascertaining whether or not the facts in the application are true 760
by checking the application and documents accompanying it with 761
the records of motor vehicles in the clerk's office; if satisfied 762
that the applicant is the owner of the motor vehicle and that the 763
application is in the proper form, the clerk, within five 764
business days after the application is filed, shall issue a
certificate of title over the clerk's signature and sealed with 766
the clerk's seal. For purposes of the transfer of a certificate
of title, if the clerk is satisfied that the secured party has 767
duly discharged a lien notation, but has not canceled the lien 768
notation with the clerk of the county of origin, the clerk may 769
cancel the lien notation on the automated title processing system 770
and notify the clerk of the county of origin. 771
In the case of the sale of a motor vehicle by a dealer or a 773
manufactured home broker to a general buyer or user, the 774
certificate of title shall be obtained in the name of the buyer 775
by the dealer or the manufactured home broker upon application 776
20
signed by the buyer, and shall be issued within five business 777
days after the application for title is filed with the clerk. 778
In all other cases, except as provided in division (D)(2) 780
of section 4505.11 of the Revised Code, such certificates shall 781
be obtained by the buyer. In all cases of transfer of a motor 783
vehicle, the application for certificate of title shall be filed 784
within thirty days after the assignment or delivery of the motor 785
vehicle. If an application for a certificate of title is not 786
filed within that period, the clerk shall collect a fee of five 787
dollars for the issuance of the certificate, except that no such 788
fee shall be required from a motor vehicle salvage dealer, as 789
defined in division (A) of section 4738.01 of the Revised Code, 790
who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees 791
established by this chapter, and shall be retained by the clerk. 792
The registrar shall provide, on the certificate of title form 793
prescribed by section 4505.07 of the Revised Code, language 794
necessary to give evidence of the date on which the assignment or 795
delivery of the motor vehicle was made. 796
(B) The clerk, except as provided in this section, shall 798
refuse to accept for filing any application for a certificate of 799
title and shall refuse to issue a certificate of title unless the 800
dealer or manufactured home broker or the applicant, in cases in 801
which the certificate shall be obtained by the buyer, submits 802
with the application payment of the tax levied by or pursuant to 803
Chapters 5739. and 5741. of the Revised Code. Upon payment of 804
the tax in accordance with division (E) of this section, the 805
clerk shall issue a receipt prescribed by the registrar and 806
agreed upon by the tax commissioner showing payment of the tax or 807
a receipt issued by the commissioner showing the payment of the 808
tax. When submitting payment of the tax to the clerk, a dealer 809
shall retain any discount to which the dealer is entitled under 810
section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk, 812
21
the clerk may retain a poundage fee of one and one one-hundredth 813
per cent, which shall be paid into the certificate of title 814
administration fund created by section 325.33 of the Revised 816
Code.
In the case of casual sales of motor vehicles, as defined 818
in section 4517.01 of the Revised Code, the price for the purpose 820
of determining the tax shall be the purchase price on the 821
assigned certificate of title executed by the seller and filed 822
with the clerk by the buyer on a form to be prescribed by the 823
registrar, which shall be prima-facie evidence of the amount for 824
the determination of the tax.
(C)(1) If the transferor indicates on the certificate of 826
title that the odometer reflects mileage in excess of the 827
designed mechanical limit of the odometer, the clerk shall enter 828
the phrase "exceeds mechanical limits" following the mileage 829
designation. If the transferor indicates on the certificate of 830
title that the odometer reading is not the actual mileage, the 831
clerk shall enter the phrase "nonactual: warning - odometer 833
discrepancy" following the mileage designation. The clerk shall
use reasonable care in transferring the information supplied by 835
the transferor, but is not liable for any errors or omissions of 836
the clerk or those of the clerk's deputies in the performance of 837
the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the 839
transferor shall swear to the true selling price and, except as 840
provided in this division, the true odometer reading of the motor 841
vehicle. The registrar may prescribe an affidavit in which the 842
seller and buyer provide information pertaining to the odometer 843
reading of the motor vehicle in addition to that required by this 844
section, as such information may be required by the United States 845
secretary of transportation by rule prescribed under authority of 846
subchapter IV of the "Motor Vehicle Information and Cost Savings 847
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 848
(2) Division (C)(1) of this section does not require the 851
22
giving of information concerning the odometer and odometer 852
reading of a motor vehicle when ownership of a motor vehicle is 853
being transferred as a result of a bequest, under the laws of 854
intestate succession, to a surviving spouse pursuant to section 855
2106.17, 2106.18, or 4505.10 of the Revised Code, or in 856
connection with the creation of a security interest. 857
(D) When the transfer to the applicant was made in some 859
other state or in interstate commerce, the clerk, except as 860
provided in this section, shall refuse to issue any certificate 861
of title unless the tax imposed by or pursuant to Chapter 5741. 863
of the Revised Code has been paid as evidenced by a receipt 864
issued by the tax commissioner, or unless the applicant submits 865
with the application payment of the tax. Upon payment of the tax 866
in accordance with division (E) of this section, the clerk shall 867
issue a receipt prescribed by the registrar and agreed upon by 869
the tax commissioner, showing payment of the tax. For receiving 870
and disbursing such taxes paid to the clerk, the clerk may retain 871
a poundage fee of one per cent. When the vendor is not regularly 872
engaged in the business of selling motor vehicles, the vendor 874
shall not be required to purchase a vendor's license or make 875
reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, 877
or by certified check, draft, or money order payable to the clerk 878
and submitted with an application for a certificate of title 880
under division (B) or (D) of this section. The clerk also may 881
accept payment of the tax by corporate, business, or personal 882
check, credit card, electronic transfer or wire transfer, debit 883
card, or any other accepted form of payment made payable to the 884
clerk. The clerk may require bonds, guarantees, or letters of 885
credit to ensure the collection of corporate, business, or 886
personal checks. Any service fee charged by a third party to a 887
clerk for the use of any form of payment may be paid by the clerk 888
from the certificate of title administration fund created in 889
section 325.33 of the Revised Code, or may be assessed by the 890
23
clerk upon the applicant as an additional fee. Upon collection, 891
the additional fees shall be paid by the clerk into that
certificate of title administration fund. 892
The clerk shall make a good faith effort to collect any 894
payment of taxes due but not made because the payment was 895
returned or dishonored, but the clerk is not personally liable 896
for the payment of uncollected taxes or uncollected fees. The 897
clerk shall notify the tax commissioner of any such payment of 898
taxes that is due but not made and shall furnish such information 899
to the commissioner as the commissioner requires. The clerk 900
shall deduct the amount of taxes due but not paid from the 901
clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner 902
may collect taxes due by assessment in the manner provided in 903
section 5739.13 of the Revised Code.
Any person who presents payment that is returned or 905
dishonored for any reason is liable to the clerk for payment of a 906
penalty over and above the amount of the taxes due. The clerk 907
shall determine the amount of the penalty, which shall be no 908
greater than that amount necessary to compensate the clerk for 909
banking charges, legal fees, or other expenses incurred by the
clerk in collecting the returned or dishonored payment. The 910
remedies and procedures provided in this section are in addition 911
to any other available civil or criminal remedies. Subsequently 912
collected penalties, poundage, and title fees, less any title fee 914
due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title 915
administration fund. Subsequently collected taxes, less 916
poundage, shall be sent by the clerk to the treasurer of state at 917
the next scheduled periodic remittance of tax payments, with such 918
information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division. 919
(F) In the following cases, the clerk shall accept for 921
filing such application and shall issue a certificate of title 922
24
without requiring payment or evidence of payment of the tax: 923
(1) When the purchaser is this state or any of its 925
political subdivisions, a church, or an organization whose 926
purchases are exempted by section 5739.02 of the Revised Code; 927
(2) When the transaction in this state is not a retail 929
sale as defined by section 5739.01 of the Revised Code; 930
(3) When the purchase is outside this state or in 932
interstate commerce and the purpose of the purchaser is not to 933
use, store, or consume within the meaning of section 5741.01 of 934
the Revised Code; 935
(4) When the purchaser is the federal government; 937
(5) When the motor vehicle was purchased outside this 939
state for use outside this state; 940
(6) When the motor vehicle is purchased by a nonresident 942
of this state for immediate removal from this state, and will be 943
permanently titled and registered in another state, as provided 944
by division (B)(23) of section 5739.02 of the Revised Code, and 945
upon presentation of a copy of the affidavit provided by that 946
section, and a copy of the exemption certificate provided by 947
section 5739.03 of the Revised Code. 948
The clerk shall forward all payments of taxes, less 950
poundage fee, to the treasurer of state in a manner to be 951
prescribed by the tax commissioner and shall furnish such 952
information to the commissioner as the commissioner requires. 953
(G) An application, as prescribed by the registrar and 956
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 957
application shall contain the following notice in bold lettering: 958
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You 959
are required by law to state the true selling price. A false 960
statement is in violation of section 2921.13 of the Revised Code 962
and is punishable by six months imprisonment or a fine of up to 963
one thousand dollars, or both. All transfers are audited by the 964
department of taxation. The seller and buyer must provide any 965
25
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." 966
Sec. 4505.09. (A) The clerk of the court of common pleas 976
shall charge a fee of five dollars for each certificate of title 977
that is not applied for within thirty days after the assignment 978
or delivery of the motor vehicle described therein. The fees 979
shall be retained by the clerk. 980
In addition to those fees, the clerk shall charge a fee of 982
five dollars for each certificate of title, duplicate certificate 984
of title, memorandum certificate of title, and notation of any 985
lien on a certificate of title. The clerk shall retain two 986
dollars and twenty-five cents of the fee charged for each 987
certificate of title, four dollars and seventy-five cents of the 988
fee charged for each duplicate certificate of title, all of the 989
fees charged for each memorandum certificate, and four dollars 990
and twenty-five cents of the fee charged for each notation of a 991
lien.
The remaining two dollars and seventy-five cents charged 993
for the certificate of title, the remaining twenty-five cents 994
charged for the duplicate certificate of title, and the remaining 996
seventy-five cents charged for the notation of any lien on a 997
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the 998
registrar not later than the fifth day of the month next 999
succeeding that in which the certificate is issued or that in 1,000
which the registrar is notified of a lien or cancellation 1,001
thereof. 1,002
(B)(1) The registrar shall pay twenty-five cents of the 1,004
amount received for each certificate of title and all of the 1,005
amounts received for each notation of any lien and each duplicate 1,006
certificate of title into the state bureau of motor vehicles fund 1,008
established in section 4501.25 of the Revised Code.
(2) Fifty cents of the amount received for each 1,010
certificate of title shall be paid by the registrar as follows: 1,011
26
(a) Four cents shall be paid into the state treasury to 1,013
the credit of the motor vehicle dealers board fund, which is 1,014
hereby created. All investment earnings of the fund shall be 1,015
credited to the fund. The moneys in the motor vehicle dealers 1,016
board fund shall be used by the motor vehicle dealers board 1,017
created under section 4517.30 of the Revised Code, together with 1,019
other moneys appropriated to it, in the exercise of its powers 1,020
and the performance of its duties under Chapter 4517. of the 1,021
Revised Code, except that the director of budget and management 1,022
may transfer excess money from the motor vehicle dealers board 1,023
fund to the bureau of motor vehicles fund if the registrar 1,024
determines that the amount of money in the motor vehicle dealers
board fund, together with other moneys appropriated to the board, 1,026
exceeds the amount required for the exercise of its powers and 1,027
the performance of its duties under Chapter 4517. of the Revised 1,028
Code and requests the director to make the transfer. 1,029
(b) Twenty-one cents shall be paid into the general 1,031
revenue fund; 1,032
(c) Twenty-five cents shall be paid into the state 1,034
treasury to the credit of the motor vehicle sales audit fund, 1,035
which is hereby created. The moneys in the fund shall be used by 1,036
the tax commissioner together with other funds available to the 1,038
commissioner to conduct a continuing investigation of sales and 1,039
use tax returns filed for motor vehicles in order to determine if 1,040
sales and use tax liability has been satisfied. The commissioner 1,041
shall refer cases of apparent violations of section 2921.13 of 1,042
the Revised Code made in connection with the titling or sale of a 1,043
motor vehicle and cases of any other apparent violations of the 1,044
sales or use tax law to the appropriate county prosecutor 1,045
whenever the commissioner considers it advisable. 1,046
(3) Two dollars of the amount received by the registrar 1,048
for each certificate of title shall be paid into the state 1,049
treasury to the credit of the automated title processing fund, 1,050
which is hereby created and which shall consist of moneys 1,051
27
collected under division (B)(3) of this section and under section 1,052
SECTIONS 1548.10 AND 4519.59 of the Revised Code. All investment 1,053
earnings of the fund shall be credited to the fund. The moneys 1,055
in the fund shall be used as follows:
(a) Moneys EXCEPT FOR MONEYS COLLECTED UNDER SECTION 1,057
1548.10 OF THE REVISED CODE, MONEYS collected under this division 1,058
(B)(3) OF THIS SECTION shall be used to implement and maintain an 1,060
automated title processing system for the issuance of motor 1,061
vehicle, OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE 1,062
certificates of title in the offices of the clerks of the courts 1,063
of common pleas;
(b) Moneys collected under section 1548.10 of the Revised 1,065
Code shall be used to issue marine certificates of title in the 1,066
offices of the clerks of the courts of common pleas as provided 1,067
in Chapter 1548. of the Revised Code. 1,068
(C)(1) The automated title processing board is hereby 1,070
created consisting of the registrar or the registrar's 1,071
representative, a person selected by the registrar, the president 1,073
of the Ohio clerks of court association or the president's 1,074
representative, and two clerks of courts of common pleas 1,076
appointed by the governor. The director of budget and management 1,077
or the director's designee, the chief of the division of 1,079
watercraft in the department of natural resources or the chief's 1,080
designee, and the tax commissioner or the commissioner's designee 1,081
shall be nonvoting members of the board. 1,082
(2) The automated title processing board shall determine 1,084
each of the following: 1,085
(a) The automated title processing equipment and 1,087
certificates of title requirements for each county; 1,088
(b) The payment of expenses that may be incurred by the 1,090
counties in implementing an automated title processing system; 1,091
(c) The repayment to the counties for existing title 1,093
processing equipment. 1,094
(3) The registrar shall purchase, lease, or otherwise 1,096
28
acquire any automated title processing equipment and certificates 1,097
of title that the board determines are necessary from moneys in 1,098
the automated title processing fund established by division 1,099
(B)(3) of this section. Each county issuing more than one 1,100
hundred thousand certificates of title annually, with the 1,101
approval of the registrar and in accordance with the registrar's 1,102
requirements, may purchase and maintain an automated title 1,103
processing system for the issuance of motor vehicle titles, 1,104
CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE 1,105
VEHICLES, and certificates of title for watercraft and outboard 1,107
motors with the cost of the system paid for from the automated 1,108
processing title fund.
(D) All counties shall conform to the requirements of the 1,110
registrar regarding the operation of their automated title 1,111
processing system for motor vehicle titles, CERTIFICATES OF TITLE 1,112
FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and 1,113
certificates of title for watercraft and outboard motors. 1,115
Sec. 4511.85. (A) The operator of a chauffeured limousine 1,124
shall accept passengers only on the basis of prearranged 1,125
contracts, as defined in division (GG)(LL) of section 4501.01 of 1,127
the Revised Code, and shall not cruise in search of patronage 1,128
unless the limousine is in compliance with any statute or 1,129
ordinance governing the operation of taxicabs or other similar 1,130
vehicles for hire. 1,131
(B) No person shall advertise or hold himself SELF out as 1,133
doing business as a limousine service or livery service or other 1,134
similar designation unless each vehicle used by him THE PERSON to 1,136
provide the service is registered in accordance with section 1,137
4503.24 of the Revised Code and is in compliance with section 1,138
4509.80 of the Revised Code. 1,139
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 1,148
the Revised Code: 1,149
(A) "Persons" includes individuals, firms, partnerships, 1,151
associations, joint stock companies, corporations, and any 1,152
29
combinations of individuals. 1,153
(B) "Motor vehicle" means motor vehicle as defined in 1,155
section 4501.01 of the Revised Code AND ALSO INCLUDES 1,156
"ALL-PURPOSE VEHICLE" AND "OFF-HIGHWAY MOTORCYCLE" AS THOSE TERMS 1,157
ARE DEFINED IN SECTION 4519.01 OF THE REVISED CODE. 1,158
(C) "New motor vehicle" means a motor vehicle, the legal 1,160
title to which has never been transferred by a manufacturer, 1,161
remanufacturer, distributor, or dealer to an ultimate purchaser. 1,162
(D) "Ultimate purchaser" means, with respect to any new 1,164
motor vehicle, the first person, other than a dealer purchasing 1,165
in the capacity of a dealer, who in good faith purchases such new 1,167
motor vehicle for purposes other than resale. 1,168
(E) "Business" includes any activities engaged in by any 1,170
person for the object of gain, benefit, or advantage either 1,171
direct or indirect. 1,172
(F) "Engaging in business" means commencing, conducting, 1,174
or continuing in business, or liquidating a business when the 1,175
liquidator thereof holds self out to be conducting such business; 1,178
making a casual sale or otherwise making transfers in the 1,179
ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of 1,180
the transferor's assets is not engaging in business. 1,181
(G) "Retail sale" or "sale at retail" means the act or 1,183
attempted act of selling, bartering, exchanging, or otherwise 1,184
disposing of a motor vehicle to an ultimate purchaser for use as 1,185
a consumer. 1,186
(H) "Retail installment contract" includes any contract in 1,188
the form of a note, chattel mortgage, conditional sales contract, 1,189
lease, agreement, or other instrument payable in one or more 1,190
installments over a period of time and arising out of the retail 1,191
sale of a motor vehicle. 1,192
(I) "Farm machinery" means all machines and tools used in 1,194
the production, harvesting, and care of farm products. 1,195
(J) "Dealer" or "motor vehicle dealer" means any new motor 1,197
30
vehicle dealer, any motor vehicle leasing dealer, and any used 1,198
motor vehicle dealer. 1,199
(K) "New motor vehicle dealer" means any person engaged in 1,201
the business of selling at retail, displaying, offering for sale, 1,202
or dealing in new motor vehicles pursuant to a contract or 1,203
agreement entered into with the manufacturer, remanufacturer, or 1,204
distributor of the motor vehicles. 1,205
(L) "Used motor vehicle dealer" means any person engaged 1,207
in the business of selling, displaying, offering for sale, or 1,208
dealing in used motor vehicles, at retail or wholesale, but does 1,209
not mean any new motor vehicle dealer selling, displaying, 1,210
offering for sale, or dealing in used motor vehicles incidentally 1,211
to engaging in the business of selling, displaying, offering for 1,212
sale, or dealing in new motor vehicles, any person engaged in the 1,213
business of dismantling, salvaging, or rebuilding motor vehicles 1,214
by means of using used parts, or any public officer performing 1,215
official duties. 1,216
(M) "Motor vehicle leasing dealer" means any person 1,218
engaged in the business of regularly making available, offering 1,219
to make available, or arranging for another person to use a motor 1,220
vehicle pursuant to a bailment, lease, or other contractual 1,221
arrangement under which a charge is made for its use at a 1,222
periodic rate for a term of thirty days or more, and title to the 1,223
motor vehicle is in a person other than the user, but does not 1,224
mean a manufacturer or its affiliate leasing to its employees or 1,225
to dealers. 1,226
(N) "Salesperson" means any person employed by a dealer or 1,228
manufactured home broker to sell, display, and offer for sale, or 1,229
deal in motor vehicles for a commission, compensation, or other 1,231
valuable consideration, but does not mean any public officer 1,232
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by 1,234
a person other than a new motor vehicle dealer, used motor 1,235
vehicle dealer, motor vehicle salvage dealer, as defined in 1,236
31
division (A) of section 4738.01 of the Revised Code, salesperson, 1,237
motor vehicle auction owner, manufacturer, or distributor acting 1,238
in the capacity of a dealer, salesperson, auction owner, 1,239
manufacturer, or distributor, to a person who purchases the motor 1,240
vehicle for use as a consumer. 1,241
(P) "Motor vehicle show" means a display of current models 1,243
of motor vehicles whereby the primary purpose is the exhibition 1,244
of competitive makes and models in order to provide the general 1,245
public the opportunity to review and inspect various makes and 1,246
models of motor vehicles at a single location. 1,247
(Q) "Motor vehicle auction owner" means any person who is 1,249
engaged wholly or in part in the business of auctioning motor 1,250
vehicles. 1,251
(R) "Manufacturer" means a person who manufactures, 1,253
assembles, or imports motor vehicles, including motor homes, but 1,254
does not mean a person who only assembles or installs a body, 1,255
special equipment unit, finishing trim, or accessories on a motor 1,256
vehicle chassis supplied by a manufacturer or distributor. 1,257
(S) "Tent-type fold out camping trailer" means any vehicle 1,259
intended to be used, when stationary, as a temporary shelter with 1,260
living and sleeping facilities, and which is subject to the 1,261
following properties and limitations: 1,262
(1) A minimum of twenty-five per cent of the fold out 1,264
portion of the top and sidewalls combined must be constructed of 1,265
canvas, vinyl, or other fabric, and form an integral part of the 1,266
shelter. 1,267
(2) When folded, the unit must not exceed: 1,269
(a) Fifteen feet in length, exclusive of bumper and 1,271
tongue; 1,272
(b) Sixty inches in height from the point of contact with 1,274
the ground; 1,275
(c) Eight feet in width; 1,277
(d) One ton gross weight at time of sale. 1,279
(T) "Distributor" means any person authorized by a motor 1,281
32
vehicle manufacturer to distribute new motor vehicles to licensed 1,282
new motor vehicle dealers, but does not mean a person who only 1,283
assembles or installs a body, special equipment unit, finishing 1,284
trim, or accessories on a motor vehicle chassis supplied by a 1,285
manufacturer or distributor. 1,286
(U) "Flea market" means a market place, other than a 1,288
dealer's location licensed under this chapter, where a space or 1,289
location is provided for a fee or compensation to a seller to 1,290
exhibit and offer for sale or trade, motor vehicles to the 1,291
general public. 1,292
(V) "Franchise" means any written agreement, contract, or 1,294
understanding between any motor vehicle manufacturer or 1,295
remanufacturer engaged in commerce and any motor vehicle dealer, 1,296
which purports to fix the legal rights and liabilities of the 1,297
parties to such agreement, contract, or understanding. 1,298
(W) "Franchisee" means a person who receives new motor 1,300
vehicles from the franchisor under a franchise agreement and who 1,301
offers, sells, and provides service for such new motor vehicles 1,302
to the general public. 1,303
(X) "Franchisor" means a new motor vehicle manufacturer, 1,305
remanufacturer, or distributor who supplies new motor vehicles 1,306
under a franchise agreement to a franchisee. 1,307
(Y) "Dealer organization" means a state or local trade 1,309
association the membership of which is comprised predominantly of 1,310
new motor vehicle dealers. 1,311
(Z) "Factory representative" means a representative 1,313
employed by a manufacturer, remanufacturer, or by a factory 1,314
branch primarily for the purpose of promoting the sale of its 1,315
motor vehicles, parts, or accessories to dealers or for 1,316
supervising or contacting its dealers or prospective dealers. 1,317
(AA) "Administrative or executive management" means those 1,319
individuals who are not subject to federal wage and hour laws. 1,320
(BB) "Good faith" means honesty in the conduct or 1,322
transaction concerned and the observance of reasonable commercial 1,323
33
standards of fair dealing in the trade as is defined in division 1,324
(S) of section 1301.01 of the Revised Code, including, but not 1,325
limited to, the duty to act in a fair and equitable manner so as 1,326
to guarantee freedom from coercion, intimidation, or threats of 1,327
coercion or intimidation; provided however, that recommendation, 1,328
endorsement, exposition, persuasion, urging, or argument shall 1,329
not be considered to constitute a lack of good faith. 1,330
(CC) "Coerce" means to compel or attempt to compel by 1,332
failing to act in good faith or by threat of economic harm, 1,333
breach of contract, or other adverse consequences. Coerce does 1,334
not mean to argue, urge, recommend, or persuade. 1,335
(DD) "Relevant market area" means any area within a radius 1,337
of ten miles from the site of a potential new dealership, except 1,338
that for manufactured home or recreational vehicle dealerships 1,339
the radius shall be twenty-five miles. 1,340
(EE) "Wholesale" or "at wholesale" means the act or 1,342
attempted act of selling, bartering, exchanging, or otherwise 1,343
disposing of a motor vehicle to a transferee for the purpose of 1,344
resale and not for ultimate consumption by that transferee. 1,345
(FF) "Motor vehicle wholesaler" means any person licensed 1,347
as a dealer under the laws of another state and engaged in the 1,349
business of selling, displaying, or offering for sale used motor 1,350
vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section. 1,351
(GG) "Remanufacturer" means a person who assembles or 1,353
installs passenger seating, walls, a roof elevation, or a body 1,354
extension on a conversion van with the motor vehicle chassis 1,355
supplied by a manufacturer or distributor, a person who modifies 1,357
a truck chassis supplied by a manufacturer or distributor for use 1,358
as a public safety or public service vehicle, or a person who 1,359
modifies a motor vehicle chassis supplied by a manufacturer or 1,360
distributor for use as a limousine or hearse, but does not mean 1,361
either of the following:
(1) A person who assembles or installs passenger seating, 1,363
34
walls, a roof elevation, or a body extension on a manufactured 1,364
home as defined in division (O) and referred to in division (B) 1,365
of section 4501.01 of the Revised Code or a recreational vehicle 1,366
as defined in division (Q) and referred to in division (B) of 1,367
section 4501.01 of the Revised Code; 1,368
(2) A person who assembles or installs special equipment 1,370
or accessories for handicapped persons, as defined in section 1,371
4503.44 of the Revised Code, upon a motor vehicle chassis 1,372
supplied by a manufacturer or distributor. 1,373
For the purposes of division (GG) of this section, "public 1,375
safety vehicle or public service vehicle" means a fire truck, 1,376
ambulance, school bus, street sweeper, garbage packing truck, or 1,377
cement mixer, or a mobile self-contained facility vehicle. 1,378
For the purposes of division (GG) of this section, 1,380
"limousine" means a motor vehicle, designed only for the purpose 1,381
of carrying nine or fewer passengers, that a person modifies by 1,382
cutting the original chassis, lengthening the wheelbase by forty 1,383
inches or more, and reinforcing the chassis in such a way that 1,385
all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be 1,386
deemed to be a remanufacturer who produces limousines unless the 1,387
person has a written agreement with the manufacturer of the 1,388
chassis the person utilizes to produce the limousines to complete 1,389
properly the remanufacture of the chassis into limousines. 1,390
For the purposes of division (GG) of this section, "hearse" 1,393
means a motor vehicle, designed only for the purpose of 1,394
transporting a single casket, that is equipped with a compartment 1,395
designed specifically to carry a single casket that a person 1,396
modifies by cutting the original chassis, lengthening the 1,397
wheelbase by ten inches or more, and reinforcing the chassis in 1,398
such a way that all modifications comply with all applicable 1,399
federal motor vehicle safety standards. No person shall qualify 1,400
as or be deemed to be a remanufacturer who produces hearses 1,401
unless the person has a written agreement with the manufacturer 1,402
35
of the chassis the person utilizes to produce the hearses to 1,403
complete properly the remanufacture of the chassis into hearses. 1,404
For the purposes of division (GG) of this section, "mobile 1,407
self-contained facility vehicle" means a mobile classroom 1,408
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 1,409
testing laboratory, and mobile display vehicle, each of which is 1,410
designed for purposes other than for passenger transportation and 1,412
other than the transportation or displacement of cargo, freight, 1,413
materials, or merchandise. A vehicle is remanufactured into a 1,414
mobile self-contained facility vehicle in part by the addition of 1,415
insulation to the body shell, and installation of all of the 1,416
following: a generator, electrical wiring, plumbing, holding 1,417
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems. 1,418
(HH) "Operating as a new motor vehicle dealership" means 1,420
engaging in activities such as displaying, offering for sale, and 1,421
selling new motor vehicles at retail, operating a service 1,422
facility to perform repairs and maintenance on motor vehicles, 1,423
offering for sale and selling motor vehicle parts at retail, and 1,424
conducting all other acts that are usual and customary to the 1,425
operation of a new motor vehicle dealership. For the purposes of 1,426
this chapter only, possession of either a valid new motor vehicle 1,427
dealer franchise agreement or a new motor vehicle dealers 1,428
license, or both of these items, is not evidence that a person is 1,429
operating as a new motor vehicle dealership. 1,430
(II) "Manufactured home broker" means any person acting as 1,432
a selling agent on behalf of an owner of a manufactured home that 1,433
is subject to taxation under section 4503.06 of the Revised Code. 1,434
Sec. 4519.01. As used in Chapter 4519. of the Revised Code 1,444
THIS CHAPTER:
(A) "Snowmobile" means any self-propelled vehicle designed 1,446
primarily for use on snow or ice, and steered by skis, runners, 1,447
or caterpillar treads. 1,448
(B) "All-purpose vehicle" means any self-propelled vehicle 1,450
36
designed primarily for cross-country travel on land and water, or 1,451
on more than one type of terrain, and steered by wheels or 1,452
caterpillar trends TREADS, or any combination thereof, including 1,453
vehicles that operate on a cushion of air, vehicles commonly 1,454
known as all-terrain vehicles, all-season vehicles, mini-bikes, 1,455
and trail bikes, but excluding any self-propelled vehicle not 1,456
principally used for purposes of personal transportation, any 1,457
vehicle principally used in playing golf, any motor vehicle or 1,458
aircraft required to be registered under Chapter 4503. or 4561. 1,459
of the Revised Code, and any vehicle excepted from definition as 1,460
a motor vehicle by division (B) of section 4501.01 of the Revised 1,461
Code. 1,462
(C) "Owner" means any person, firm, or corporation, other 1,464
than a lienholder or dealer, having title to a snowmobile, 1,465
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to 1,467
the possession thereof.
(D) "Operator" means any person who operates or is in 1,469
actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,470
or all-purpose vehicle. 1,472
(E) "Dealer" means any person, firm, or corporation 1,474
engaged in the business of manufacturing or selling snowmobiles, 1,475
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or 1,477
retail, or who rents, leases, or otherwise furnishes snowmobiles, 1,478
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire. 1,480
(F) "Street or highway" has the same meaning as given that 1,482
term in division (BB) of section 4511.01 of the Revised Code. 1,483
(G) "Limited access highway" and "freeway" have the same 1,485
meaning as given those terms in section 5511.02 of the Revised 1,486
Code. 1,487
(H) "Interstate highway" means any part of the interstate 1,489
system of highways as defined in subsection (e), 90 Stat. 431 1,490
(1976), 23 U.S.C.A. 103, and amendments thereof. 1,491
(I) "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS 1,493
DEFINED IN SECTION 4511.01 OF THE REVISED CODE, THAT IS DESIGNED 1,494
37
TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY. 1,495
Sec. 4519.02. (A) Except as provided in divisions (B), 1,504
(C), and (D) of this section, no person shall operate any 1,505
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within 1,507
this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,508
all-purpose vehicle is registered and numbered in accordance with 1,510
sections 4519.03 and 4519.04 of the Revised Code.
(B) No registration is required for a snowmobile, 1,512
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated 1,513
exclusively upon lands owned by the owner of the snowmobile, 1,515
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to 1,517
which the owner has a contractual right.
(C) No registration is required for a snowmobile, 1,519
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in 1,520
this state by a resident of another state whenever that state has 1,522
in effect a registration law similar to Chapter 4519. of the 1,523
Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY 1,525
MOTORCYCLE, or all-purpose vehicle is properly registered 1,526
thereunder. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all 1,528
purpose vehicle owned and used in this state by a resident of 1,529
another state not having such a registration requirement shall 1,530
comply with section 4519.09 of the Revised Code. 1,531
(D) No registration is required for a snowmobile, 1,533
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in 1,534
this state by the United States, another state, or a political 1,536
subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,537
or all-purpose vehicle shall display the name of the owner 1,540
thereon.
(E) The owner or operator of any all-purpose vehicle 1,542
operated or used upon the waters in this state shall also comply 1,543
with Chapters 1547. and 1548. of the Revised Code relative to the 1,544
operation of watercraft. 1,545
Sec. 4519.03. (A) The owner of every snowmobile, 1,554
OFF-HIGHWAY MOTORCYCLE, and all-purpose vehicle required to be 1,557
38
registered under section 4519.02 of the Revised Code shall file 1,559
an application for registration with the registrar of motor 1,560
vehicles or a deputy registrar, on blanks furnished by the 1,561
registrar for that purpose and containing ALL OF the following 1,562
information:
(A)(1) A brief description of the snowmobile, OFF-HIGHWAY 1,565
MOTORCYCLE, or all-purpose vehicle, including the name of the 1,568
manufacturer and, the factory or model number, AND THE VEHICLE 1,570
IDENTIFICATION NUMBER;
(B)(2) The name, residence, and business address of the 1,572
owner; 1,573
(C)(3) A statement that the snowmobile, OFF-HIGHWAY 1,575
MOTORCYCLE, or all-purpose vehicle is equipped as required by 1,578
section 4519.20 of the Revised Code, and any rule adopted 1,579
thereunder. The statement shall include a check list of the 1,580
required equipment items in such form as the registrar shall 1,581
prescribe.
The application shall be signed by the owner of the 1,583
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and 1,586
shall be accompanied by a fee as provided in division (D)(C) of 1,588
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle 1,590
for which registration is sought does not appear to be equipped 1,591
as required by section 4519.20 of the Revised Code, and OR any 1,592
rule adopted thereunder, the registration shall be refused AND NO 1,593
REGISTRATION STICKER SHALL BE ISSUED. 1,594
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, NO 1,596
CERTIFICATE OF REGISTRATION OR RENEWAL OF SUCH A CERTIFICATE 1,597
SHALL BE ISSUED FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,598
VEHICLE REQUIRED TO BE REGISTERED UNDER SECTION 4519.02 OF THE 1,600
REVISED CODE, AND NO CERTIFICATE OF REGISTRATION ISSUED UNDER 1,601
THIS CHAPTER FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 1,602
THAT IS SOLD OR OTHERWISE TRANSFERRED SHALL BE TRANSFERRED TO THE 1,603
NEW OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS 1,604
39
PERMITTED BY DIVISION (B) OF SECTION 4519.05 OF THE REVISED CODE, 1,607
UNLESS A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER THIS CHAPTER 1,608
FOR THE MOTORCYCLE OR VEHICLE, AND THE OWNER OR NEW OWNER, AS THE 1,609
CASE MAY BE, PRESENTS THE CERTIFICATE OF TITLE OR A MEMORANDUM 1,610
CERTIFICATE OF TITLE FOR INSPECTION AT THE TIME THE OWNER OR NEW 1,611
OWNER FIRST SUBMITS A REGISTRATION APPLICATION, REGISTRATION 1,612
RENEWAL APPLICATION, OR REGISTRATION TRANSFER APPLICATION FOR THE 1,613
MOTORCYCLE OR VEHICLE ON OR AFTER THE EFFECTIVE DATE OF THIS 1,614
AMENDMENT.
(C) WHEN THE OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR 1,617
ALL-PURPOSE VEHICLE FIRST REGISTERS IT IN THE OWNER'S NAME, AND A 1,618
CERTIFICATE OF TITLE HAS BEEN ISSUED FOR THE MOTORCYCLE OR 1,619
VEHICLE, THE OWNER SHALL PRESENT FOR INSPECTION A CERTIFICATE OF 1,620
TITLE OR MEMORANDUM CERTIFICATE OF TITLE SHOWING TITLE TO THE 1,621
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE 1,622
OWNER. IF, WHEN THE OWNER OF SUCH A MOTORCYCLE OR VEHICLE FIRST 1,623
MAKES APPLICATION TO REGISTER IT IN THE OWNER'S NAME, THE 1,624
APPLICATION IS NOT IN PROPER FORM OR IF THE CERTIFICATE OF TITLE 1,625
OR MEMORANDUM CERTIFICATE OF TITLE DOES NOT ACCOMPANY THE 1,626
REGISTRATION, THE REGISTRATION SHALL BE REFUSED AND NEITHER A 1,627
CERTIFICATE OF REGISTRATION NOR A REGISTRATION STICKER SHALL BE 1,628
ISSUED. WHEN A CERTIFICATE OF REGISTRATION AND REGISTRATION 1,629
STICKER ARE ISSUED UPON THE FIRST REGISTRATION OF AN OFF-HIGHWAY 1,630
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OR ON BEHALF OF THE OWNER, 1,631
THE OFFICIAL ISSUING THEM SHALL INDICATE THE ISSUANCE WITH A 1,632
STAMP ON THE CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF 1,633
TITLE.
(D) Each deputy registrar shall be allowed a fee of two 1,635
dollars and twenty-five cents for each application or renewal 1,636
application received by him THE DEPUTY REGISTRAR, which shall be 1,637
for the purpose of compensating the deputy registrar for his 1,639
services, and such office and rental expense, as may be necessary 1,640
for the proper discharge of his THE DEPUTY REGISTRAR'S duties in 1,643
the receiving of applications and the issuing of certificates of 1,644
40
registration.
Each deputy registrar shall, upon receipt of any 1,646
application for registration, together with the registration fee, 1,647
SHALL transmit the fee, together with the original and duplicate 1,648
copy of the application, to the registrar in such manner and at 1,649
such times as the registrar, subject to the approval of the 1,650
director of public safety and the treasurer of state, shall 1,651
prescribe by rule. 1,652
Sec. 4519.031. The registrar of motor vehicles shall 1,661
transmit to the tax commissioner the names, addresses, and any 1,662
other information requested by the commissioner, of all persons 1,663
who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 1,665
vehicle under section 4519.03 of the Revised Code. Such 1,666
information shall be transmitted in such A form as agreed to by 1,667
the registrar and the commissioner. 1,668
Sec. 4519.04. (A) Upon the filing of an application for 1,677
registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,678
all-purpose vehicle and the payment of the tax therefor, the 1,680
registrar of motor vehicles or a deputy registrar shall assign to 1,681
the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a 1,683
distinctive number and issue and deliver to the owner in such
manner as the registrar may select, a certificate of 1,684
registration, in such form as the registrar shall prescribe. Any 1,685
number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,687
all-purpose vehicle shall be a permanent number, and shall not be 1,688
issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,689
all-purpose vehicle, except as provided in section 4519.05 of the 1,691
Revised Code.
IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE 1,693
REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF 1,694
THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A 1,695
REGISTRATION STICKER. THE REGISTRAR SHALL PRESCRIBE THE COLOR 1,696
AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS 1,697
DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE, 1,698
41
OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE. 1,699
(B) Upon receipt of a certificate of registration for a 1,701
snowmobile or all-purpose vehicle other than a mini-bike or trail 1,702
bike, the owner shall paint on the vehicle or otherwise attach in 1,704
such manner as the registrar shall prescribe, UPON EACH SIDE OF 1,706
THE FORWARD COWLING OF THE SNOWMOBILE the identifying 1,708
registration number, in block characters of not less than two 1,710
inches in height and of such color as to be distinctly visible 1,711
and legible, as follows: 1,712
(1) In the case of a snowmobile, the number shall be 1,714
displayed upon each side of the forward cowling. 1,715
(2) In the case of an all-purpose vehicle, the number 1,717
shall be displayed upon the front and rear of the vehicle. 1,718
(C) the certificate of registration for a mini-bike or 1,721
trail bike shall be evidenced and displayed on the vehicle in 1,722
such manner as the registrar shall prescribe. 1,723
(D)(C) Unless previously canceled, each certificate of 1,725
registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,727
all-purpose vehicle shall expire EXPIRES upon the thirty-first 1,728
day of December in the third year after the date it is issued. 1,730
Application for renewal of a certificate may be made not earlier 1,731
than ninety days preceding the expiration date, and shall be 1,732
accompanied by a fee of five dollars. The renewal of a 1,733
certificate of registration for a snowmobile or all-purpose 1,734
vehicle shall be evidenced by a decal or similar device 1,735
identifying the registration period for which it is issued, and 1,736
shall be displayed upon the vehicle in such manner as the 1,737
registrar shall prescribe.
Sec. 4519.05. (A) Whenever a registered snowmobile, 1,746
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or 1,747
similarly disposed of, the owner shall surrender the certificate 1,749
of registration and any license plate issued for a mini-bike or 1,750
trail bike, to the registrar of motor vehicles or a deputy 1,751
registrar within fifteen days following the destruction or 1,752
42
disposal. The registrar shall thereupon SHALL cancel the 1,753
certificate and enter such THAT fact in his THE REGISTRAR'S 1,755
records, and the vacated registration number may be assigned to 1,757
another snowmobile or all purpose vehicle.
IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,759
VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED, THE 1,760
OWNER ALSO SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK 1,761
OF THE COURT OF COMMON PLEAS WHO ISSUED IT AND THE CLERK, WITH 1,763
THE CONSENT OF ANY LIENHOLDERS NOTED THEREON, SHALL ENTER A 1,764
CANCELLATION UPON THE CLERK'S RECORDS AND SHALL NOTIFY THE 1,765
REGISTRAR OF THE CANCELLATION. UPON THE CANCELLATION OF A 1,766
CERTIFICATE OF TITLE IN THE MANNER PRESCRIBED BY THIS DIVISION, 1,767
THE CLERK AND THE REGISTRAR MAY CANCEL AND DESTROY ALL 1,768
CERTIFICATES OF TITLE AND MEMORANDUM CERTIFICATES OF TITLE IN 1,769
THAT CHAIN OF TITLE.
(B) Whenever SUBJECT TO DIVISION (B) OF SECTION 4519.03 OF 1,772
THE REVISED CODE, WHENEVER the ownership of a registered 1,773
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is 1,775
transferred by sale or otherwise, the new owner shall, within 1,776
fifteen days following the transfer, SHALL make application to 1,778
the registrar or a deputy registrar for the transfer of the 1,779
certificate of registration. Upon receipt of the application and 1,780
a fee of one dollar, the registrar shall transfer the certificate 1,781
to the new owner and shall enter the new owner's name and address 1,782
in his THE REGISTRAR'S records. Whenever the ownership of a 1,784
registered mini-bike or trail bike is transferred under this
section, the new owner shall retain the license plate originally 1,785
issued for the vehicle. 1,786
(C) Whenever the owner of a registered snowmobile, 1,788
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle changes his 1,789
address, he THE OWNER shall surrender the certificate of 1,791
registration to the registrar or a deputy registrar within 1,792
fifteen days following the address change. Upon receipt of the 1,793
certificate, the registrar shall enter the new address thereon 1,794
43
and shall make the appropriate change in his THE REGISTRAR'S 1,795
records. In any A case where the owner's change of address 1,796
involves a move outside of the state, the owner shall also 1,797
surrender any license plate issued for the vehicle, and the 1,798
registrar shall cancel the certificate of registration and may 1,799
thereafter assign the vacated registration number to another FOR 1,800
THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. 1,803
(D) Whenever a certificate of registration for a 1,805
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a 1,807
license plate for a mini-bike or trail bike, has been IS lost, 1,808
mutilated, or destroyed, the owner may obtain a duplicate 1,809
certificate, which shall be identified as such, or a new plate, 1,810
upon application and the payment of a fee of one dollar. 1,811
Sec. 4519.06. Any person who is a dealer in snowmobiles, 1,820
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make 1,822
application for registration, for each place in this state at 1,824
which the business of selling, manufacturing, leasing, or renting
snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is 1,827
carried on. The application shall show the make of snowmobile, 1,829
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured, 1,830
sold, leased, or rented at such place, and shall be accompanied 1,832
by a fee of twenty-five dollars. Upon the filing of the 1,833
application and the payment of the fee therefor, the registrar of 1,835
motor vehicles shall assign to the applicant a distinctive 1,836
number, prefixed by the letters DS in the case of a snowmobile 1,838
and by the letters DAPV in the case of an all purpose vehicle, 1,841
and, where applicable, shall issue a license plate as provided in
section 4519.04 of the Revised Code. The number or license plate 1,842
shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,844
or all-purpose vehicle in the places set forth PRESCRIBED in 1,847
divisions (B) and (C) of section 4519.04 of the Revised Code 1,848
whenever the vehicle is being used prior to sale or transfer. 1,849
The registrar shall adopt rules and regulations specifying the 1,851
manner in which the number may be temporarily affixed to the 1,852
44
vehicle additional license plates bearing the dealer's number may 1,854
be issued upon application and the payment of a fee of one dollar 1,855
for each plate.
Upon the termination of any dealership registered under 1,857
this section, the dealer, within fifteen days following such 1,858
termination, shall notify the registrar, who shall enter that 1,859
fact in his THE REGISTRAR'S records and may thereafter assign the 1,861
vacated registration number to some other dealer. The dealer
shall also surrender to the registrar any license plates issued 1,862
under this section.
Notwithstanding section 4517.01 of the Revised Code, a 1,864
dealer licensed to sell motor vehicles may also MAY be registered 1,865
as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or 1,867
all-purpose vehicles under this section, and may display, sell, 1,868
or rent such vehicles at his THE DEALER'S established place of 1,871
business.
Sec. 4519.08. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,880
all-purpose vehicle owned or leased by the state, by any of its 1,882
political subdivisions, or by any volunteer organization that 1,883
uses such vehicles exclusively for emergency purposes shall be
registered free of charge in the same manner as provided by 1,884
section 4519.03 of the Revised Code for the registration of 1,885
privately owned vehicles. The registration number or license 1,886
plate AND REGISTRATION STICKER assigned TO each such snowmobile, 1,887
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed 1,891
as required by divisions (B) and (C) of section 4519.04 of the 1,892
Revised Code. 1,893
Sec. 4519.09. Every owner or operator of a snowmobile, 1,902
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident 1,905
of a state not having a registration law similar to Chapter 4519. 1,906
of the Revised Code THIS CHAPTER, and who expects to use the 1,907
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in 1,909
Ohio, shall apply to the registrar of motor vehicles or a deputy 1,910
registrar for a temporary operating permit. The temporary 1,911
45
operating permit shall be issued for a period not to exceed 1,912
fifteen days from the date of issuance, shall be in such form as 1,913
the registrar determines, shall include the name and address of 1,914
the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,916
or all-purpose vehicle, and such ANY other information as the 1,918
registrar considers necessary, and shall be issued upon payment 1,920
of a fee of five dollars. Every owner or operator receiving a 1,921
temporary operating permit shall display the same IT upon the 1,922
reasonable request of any law enforcement officer or other person 1,923
as authorized by sections 4519.42 and 4519.43 of the Revised 1,924
Code.
Sec. 4519.10. (A) THE PURCHASER OF AN OFF-HIGHWAY 1,926
MOTORCYCLE OR ALL-PURPOSE VEHICLE, UPON APPLICATION AND PROOF OF 1,927
PURCHASE, MAY OBTAIN A TEMPORARY LICENSE PLACARD FOR IT. THE 1,928
APPLICATION FOR SUCH A PLACARD SHALL BE SIGNED BY THE PURCHASER 1,929
OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. THE 1,930
TEMPORARY LICENSE PLACARD SHALL BE ISSUED ONLY FOR THE
APPLICANT'S USE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,931
VEHICLE TO ENABLE THE APPLICANT TO OPERATE IT LEGALLY WHILE 1,932
PROPER TITLE AND A REGISTRATION STICKER ARE BEING OBTAINED AND 1,933
SHALL BE DISPLAYED ON NO OTHER OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE. A TEMPORARY LICENSE PLACARD ISSUED UNDER 1,934
THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR OF 1,935
MOTOR VEHICLES, SHALL DIFFER IN SOME DISTINCTIVE MANNER FROM A 1,936
PLACARD ISSUED UNDER SECTION 4503.182 OF THE REVISED CODE, SHALL 1,937
BE VALID FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF ISSUANCE,
AND SHALL NOT BE TRANSFERABLE OR RENEWABLE. THE PLACARD EITHER 1,938
SHALL CONSIST OF OR BE COATED WITH SUCH MATERIAL AS WILL ENABLE 1,939
IT TO REMAIN LEGIBLE AND RELATIVELY INTACT DESPITE THE 1,940
ENVIRONMENTAL CONDITIONS TO WHICH THE PLACARD IS LIKELY TO BE 1,941
EXPOSED DURING THE THIRTY-DAY PERIOD FOR WHICH IT IS VALID. THE
PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 1,942
SHALL ATTACH THE TEMPORARY LICENSE PLACARD TO IT, IN A MANNER 1,943
PRESCRIBED BY RULES THE REGISTRAR SHALL ADOPT, SO THAT THE 1,944
46
PLACARD NUMERALS OR LETTERS ARE CLEARLY VISIBLE.
THE FEE FOR A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS 1,946
SECTION SHALL BE TWO DOLLARS. IF THE PLACARD IS ISSUED BY A 1,947
DEPUTY REGISTRAR, THE DEPUTY REGISTRAR SHALL CHARGE AN ADDITIONAL 1,948
FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS, WHICH THE DEPUTY 1,949
REGISTRAR SHALL RETAIN. THE DEPUTY REGISTRAR SHALL TRANSMIT EACH 1,950
TWO-DOLLAR FEE RECEIVED BY THE DEPUTY REGISTRAR UNDER THIS
SECTION TO THE REGISTRAR, WHO SHALL PAY THE TWO DOLLARS TO THE 1,951
TREASURER OF STATE FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR 1,952
VEHICLES FUND ESTABLISHED BY SECTION 4501.25 OF THE REVISED CODE. 1,953
(B) THE REGISTRAR MAY ISSUE TEMPORARY LICENSE PLACARDS TO 1,955
A DEALER TO BE ISSUED TO PURCHASERS FOR USE ON VEHICLES SOLD BY 1,956
THE DEALER, IN ACCORDANCE WITH RULES PRESCRIBED BY THE REGISTRAR. 1,957
THE DEALER SHALL NOTIFY THE REGISTRAR WITHIN FORTY-EIGHT HOURS OF 1,958
PROOF OF ISSUANCE ON A FORM PRESCRIBED BY THE REGISTRAR. 1,959
THE FEE FOR EACH SUCH PLACARD ISSUED BY THE REGISTRAR TO A 1,961
DEALER SHALL BE TWO DOLLARS PLUS A FEE OF TWO DOLLARS AND 1,962
TWENTY-FIVE CENTS.
Sec. 4519.11. One dollar and twenty-five cents of each fee 1,971
collected under sections 4519.04 and 4519.09 of the Revised Code 1,972
shall be paid into the state bureau of motor vehicles fund 1,973
created by section 4501.25 of the Revised Code. All other fees, 1,974
and all taxes and fines levied, charged, or referred to in 1,975
Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE 1,976
DESIGNATED BY LAW, shall be deposited into the state treasury to 1,977
the credit of the state recreational vehicle fund, which is 1,978
hereby created. The state recreational vehicle fund shall be 1,979
used for the purpose of enforcing and administering the law 1,980
relative to the registration and operation of snowmobiles, 1,982
OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the 1,984
state, for the purpose of expanding the activities of the 1,985
department of natural resources to provide trails and other areas 1,986
for the operation of such vehicles on state-controlled land and 1,987
waters, for the purchase of additional land to be used for such 1,990
47
purposes, and for the development and implementation by the 1,992
department of programs relating to the safe use and enjoyment of 1,994
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles. 1,996
All investment earnings of the state recreational vehicle 1,998
fund shall be credited to the fund. 1,999
Notwithstanding section 1501.01 of the Revised Code, 2,001
nothing in this section authorizes the appropriation of property 2,002
to provide trails and other areas for the operation of 2,003
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles. 2,005
Sec. 4519.20. By not later than July 1, 1972, the (A) THE 2,015
director of public safety, pursuant to Chapter 119. of the 2,016
Revised Code, shall adopt and promulgate rules and regulations 2,017
for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,018
all-purpose vehicles. The rules and regulations may be revised 2,020
from time to time as the director considers necessary, and shall 2,021
include, but not necessarily be limited to, requirements for the 2,022
following items of equipment:
(A)(1) At least one headlight having a minimum candlepower 2,024
of sufficient intensity to reveal persons and objects at a 2,025
distance of at least one hundred feet ahead under normal 2,026
atmospheric conditions during hours of darkness; 2,027
(B)(2) At least one red tail light having a minimum 2,029
candlepower of sufficient intensity to be plainly visible from a 2,030
distance of five hundred feet to the rear under normal 2,031
atmospheric conditions during hours of darkness; 2,032
(C)(3) Adequate brakes. Every snowmobile shall, while 2,034
traveling on packed snow, SHALL be capable of carrying a driver 2,035
who weighs one hundred and seventy-five pounds or more, and, 2,036
while carrying such driver, be capable of stopping in not more 2,037
than forty feet from an initial steady speed of twenty miles per 2,038
hour, or locking its traction belt. 2,039
(D)(4) A muffler system capable of precluding the emission 2,041
of excessive smoke or exhaust fumes, and of limiting the engine 2,042
noise of vehicles. On snowmobiles manufactured after January 1, 2,043
48
1973, such requirement shall include sound dampening equipment 2,044
such that noise does not exceed eighty-two decibels on the "A" 2,045
scale at fifty feet as measured according to SAE J192 (September 2,046
1970);. 2,047
(B) No person shall operate any snowmobile, OFF-HIGHWAY 2,049
MOTORCYCLE, or all-purpose vehicle in violation of division (A), 2,051
(B)(1), (C)(2), (3), or (D)(4) of this section, except that 2,054
equipment specified in divisions (A)(1) and (B)(2) of this 2,056
section shall not be required on snowmobiles, OFF-HIGHWAY
MOTORCYCLES, or all-purpose vehicles operated during the daylight 2,058
hours on state controlled land under the jurisdiction of the 2,059
department of natural resources and that are limited to 2,060
off-highway use.
Sec. 4519.21. The director of public safety may authorize 2,069
sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,071
all-purpose vehicles to determine their degree of conformity to 2,072
rules and regulations adopted under section 4519.20 of the 2,073
Revised Code. In prescribing tests for muffler equipment, the 2,074
director may require sound pressure levels in decibels to be 2,075
measured on the "A" scale of a sound level meter having 2,076
characteristics defined by the American standards association 2,077
standard S1.4-1961 "General Purpose Sound Meter," and may also 2,078
MAY require the use of applicable measurement practices outlined 2,079
in the procedures for sound level measurement of snowmobiles 2,080
endorsed by the international snowmobile industry association, 2,081
January 1969, or such other sources of standards for the 2,082
measurement of sound levels as the director may consider 2,083
advisable.
Upon finding that any make or model of vehicle authorized 2,085
to be tested under this section does not meet an applicable 2,086
standard adopted by the director, the person conducting such THE 2,087
test shall report that fact to the director, who shall 2,088
immediately SHALL notify the manufacturer of the vehicle and the 2,089
registrar of motor vehicles. Upon receipt of a notification, the 2,090
49
registrar shall refuse to issue a certificate of registration to 2,091
an owner or dealer with respect to any vehicle of the same make 2,092
or model as that named in the notification until the vehicle has 2,093
been modified in such manner as the director shall prescribe, and 2,094
meets the applicable standard. 2,095
Sec. 4519.22. No person shall have for sale, sell, offer 2,104
for sale, lease, rent, or otherwise furnish for hire in this 2,105
state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,107
vehicle which THAT fails to comply with any rule or regulation 2,108
adopted by the director of public safety under section 4519.20 of 2,109
the Revised Code, after the effective date of such THE rule or 2,110
regulation.
Sec. 4519.40. The applicable provisions of Chapters 4511. 2,119
and 4549. of the Revised Code shall be applied to the operation 2,120
of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose 2,122
vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,123
all-purpose vehicle shall be operated as follows: 2,124
(A) On any limited access highway or freeway or the 2,126
right-of-way thereof, except for emergency travel only during 2,127
such time and in such manner as the director of public safety 2,128
shall designate; 2,129
(B) On any private property, or in any nursery or planting 2,131
area, without the permission of the owner or other person having 2,132
the right to possession of the property; 2,133
(C) On any land or waters controlled by the state, except 2,135
at those locations where a sign has been posted permitting such 2,136
operation; 2,137
(D) On the tracks or right-of-way of any operating 2,139
railroad; 2,140
(E) While transporting any firearm, bow, or other 2,142
implement for hunting, that is not unloaded and securely encased; 2,143
(F) For the purpose of chasing, pursuing, capturing, or 2,145
killing any animal or wildfowl; 2,146
(G) During the time from one-half hour after sunset to 2,148
50
one-half hour before sunrise, unless displaying lighted lights as 2,149
required by section 4519.20 of the Revised Code. 2,150
Sec. 4519.41. Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,160
all-purpose vehicles being used for winter travel may be operated 2,161
as follows:
(A) To make a crossing of a highway, other than a highway 2,163
as designated in division (A) of section 4519.40 of the Revised 2,164
Code, whenever the crossing can be made in safety and will not 2,165
interfere with the movement of vehicular traffic approaching from 2,166
any direction on the highway, and provided that the operator 2,167
yields the right-of-way to any approaching traffic that presents 2,168
an immediate hazard; 2,169
(B) On highways in the county or township road systems 2,171
whenever the local authority having jurisdiction over such 2,172
highways so permits; 2,173
(C) Off and alongside a street or highway for limited 2,175
distances from the point of unloading from a conveyance to the 2,176
point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,178
all-purpose vehicle is intended and authorized to be operated;
(D) On the berm or shoulder of a highway, other than a 2,180
highway as designated in division (A) of section 4519.40 of the 2,181
Revised Code, when the terrain permits such operation to be 2,182
undertaken safely and without the necessity of entering any 2,183
traffic lane; 2,184
(E) ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD, 2,187
WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE, 2,188
OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH 2,189
AREA.
Sec. 4519.42. The director of natural resources shall 2,198
adopt and promulgate rules and regulations for the operation of 2,199
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on 2,202
land or waters controlled by the state. The director shall also 2,203
SHALL undertake a program relating to the development of trails 2,204
and special areas for the use of snowmobiles, OFF-HIGHWAY 2,205
51
MOTORCYCLES, and all-purpose vehicles, and may require any 2,206
permits for such use as he THE DIRECTOR considers necessary. 2,207
The director may designate employees of the department OF 2,209
NATURAL RESOURCES to enforce any rules and regulations adopted 2,211
under this section. An employee so designated shall have full 2,213
authority to enforce any provisions PROVISION of Chapter 4519. of 2,214
the Revised Code THIS CHAPTER with respect to the proper TITLING, 2,217
registration, equipping, and operation of snowmobiles, 2,218
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or 2,220
waters controlled by the state.
Sec. 4519.43. A board of park commissioners of any park 2,229
district created under Chapter 1545. of the Revised Code may 2,230
provide by rule or regulation for the operation of snowmobiles, 2,232
OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks, 2,233
parkways, and other reservations of land under its jurisdiction, 2,234
and shall file a copy of any such rules or regulations with the 2,235
director of natural resources.
Any employee of a board of park commissioners designated 2,237
pursuant to section 1545.13 of the Revised Code shall have full 2,238
authority to enforce any of the provisions of Chapter 4519. of 2,239
the Revised Code THIS CHAPTER with respect to the proper TITLING, 2,241
registration, equipping, and operation of snowmobiles, 2,242
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands 2,243
under the jurisdiction and control of the board. 2,245
Sec. 4519.44. (A) No person who does not hold a valid, 2,254
current motor vehicle driver's or commercial driver's license, 2,255
motorcycle operator's endorsement, or probationary license, 2,256
issued under Chapter 4506. or 4507. of the Revised Code, shall 2,257
operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,259
vehicle on any street or highway in this state, on any portion of 2,260
the right-of-way thereof, or on any public land or waters. 2,261
(B) No person who is less than sixteen years of age shall 2,264
operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,265
vehicle on any land or waters other than private property or 2,266
52
waters owned by or leased to such THE person's parent or 2,267
guardian, unless accompanied by another person who is eighteen 2,268
years of age, or older, and who holds a license as provided in 2,269
division (A) of this section, except that the department of 2,270
natural resources may permit such operation on state controlled 2,271
land under its jurisdiction when such person is less than sixteen 2,272
years of age, but is twelve years of age or older and is 2,273
accompanied by a parent or guardian who is a licensed driver 2,274
eighteen years of age or older.
Sec. 4519.45. Any dealer who rents, leases, or otherwise 2,283
furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,284
vehicle for hire shall maintain the vehicle in safe operating 2,286
condition. No dealer, or his agent or employee OF A DEALER, 2,287
shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY 2,288
MOTORCYCLE, or all-purpose vehicle for hire to any person who 2,290
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, 2,291
his OR AN agent, or employee OF THE DEALER has reasonable cause 2,293
to believe is incompetent to operate the vehicle in a safe and 2,294
lawful manner.
Sec. 4519.46. The operator of a snowmobile, OFF-HIGHWAY 2,303
MOTORCYCLE, or all-purpose vehicle involved in any accident 2,305
resulting in bodily injury to or death of any person, or damage 2,306
to the property of any person in excess of one hundred dollars, 2,307
shall report the accident within forty-eight hours to the state 2,308
highway patrol, the sheriff of the county within which the 2,309
accident occurred, or the chief of police, if the accident 2,310
occurred within a municipal corporation, and shall, within thirty 2,311
days, SHALL forward a written report of the accident to the 2,313
registrar of motor vehicles on a form prescribed by the 2,314
registrar. If the operator is physically incapable of making the 2,315
reports and there is another participant in the accident not so 2,316
incapacitated, such THE participant shall make the reports. In 2,318
the event that there is no other participant, and the operator is 2,319
53
other than the owner, the owner shall, within the prescribed 2,320
periods of time, SHALL make the reports.
Any law enforcement officer, or other person authorized by 2,322
sections 4519.42 and 4519.43 of the Revised Code, who 2,323
investigates or receives information of an accident involving a 2,324
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall 2,326
forward to the registrar a written report of the accident within 2,327
forty-eight hours.
The registrar shall maintain a file of all reports received 2,329
by him THE REGISTRAR of accidents involving a snowmobile, 2,330
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. The reports 2,332
shall be for the confidential use of the director of public 2,333
safety and the director of natural resources in the development 2,334
of equipment and operating regulations, and of programs relating 2,335
to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,336
all-purpose vehicles, except that the registrar shall furnish a 2,337
copy of such report to any person claiming to have been injured 2,338
or damaged in such accident, or his THE PERSON'S attorney, upon 2,339
the payment of a fee of one dollar. 2,341
Sec. 4519.47. Whenever a person is found guilty of 2,350
operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,352
vehicle in violation of any rule or regulation authorized to be 2,353
promulgated ADOPTED under section 4519.21 or 4519.42 of the 2,354
Revised Code, the trial judge of any court of record may, in 2,355
addition to or independent of any other penalties provided by 2,357
law, MAY impound for not less than sixty days the certificate of 2,358
registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,360
all-purpose vehicle. The court shall send the impounded 2,361
certificate of registration to the registrar of motor vehicles, 2,363
who shall retain the certificate until the expiration of the
period of impoundment. 2,364
Sec. 4519.48. Nothing contained in Chapter 4519. of the 2,373
Revised Code THIS CHAPTER shall prevent local authorities from 2,375
regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, 2,376
54
and all-purpose vehicles on streets and highways and other public 2,377
property under their jurisdiction, and within the reasonable 2,378
exercise of the police power, except that no local authority 2,379
shall require the registration or licensing of any snowmobile, 2,380
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be 2,381
registered OR TITLED under such THIS chapter. 2,382
Sec. 4519.51. THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT 2,384
SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM 2,385
AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE 2,386
REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL 2,388
CONFORM THERETO. THE REGISTRAR SHALL RECEIVE AND FILE IN THE
REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY 2,389
THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN 2,390
THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE. 2,391
THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL 2,393
CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE 2,394
CLERKS. IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN 2,395
ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE. 2,396
UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR 2,397
SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER 2,398
THE CANCELLATION IN THE CLERK'S RECORDS. THE REGISTRAR ALSO 2,399
SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS
ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE 2,400
CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF 2,402
TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY 2,403
LIEN NOTED THEREON. THE HOLDER OF THE CERTIFICATE OF TITLE SHALL 2,405
RETURN IT IMMEDIATELY TO THE REGISTRAR. THE CLERKS SHALL KEEP ON
HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE 2,406
CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE 2,407
FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED 2,408
MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE 2,410
COUNTY.
Sec. 4519.52. (A) EXCEPT AS PROVIDED IN SECTION 4519.54 2,413
OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS 2,416
55
SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED 2,417
OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR 2,418
OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR 2,419
ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO 2,420
THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS 2,421
CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM 2,423
CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.
(B)(1) A PERSON WHO IS NOT A DEALER ENGAGED IN THE 2,426
BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR 2,427
ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF 2,428
THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,429
VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE 2,430
MOTORCYCLE OR VEHICLE. THE PERSON SHALL COMPLY WITH THIS CHAPTER 2,431
IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE. 2,432
(2) IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE 2,434
BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR 2,435
ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR 2,436
ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE 2,437
MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE 2,438
TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE 2,439
PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH 2,440
ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER 2,442
OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR 2,443
OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A 2,444
CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S 2,445
OWN NAME.
Sec. 4519.53. NO PERSON WHO ACQUIRES AN OFF-HIGHWAY 2,447
MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE 2,448
OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT, 2,449
TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR 2,450
ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A 2,451
CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,452
VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE 2,453
FOR IT. NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON 2,454
56
AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE, 2,455
OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY 2,456
MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION. 2,457
NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE 2,459
THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY 2,460
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED 2,461
OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE 2,462
FOLLOWING:
(A) A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR 2,465
IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER; 2,466
(B) ADMISSION IN THE PLEADINGS OR STIPULATION OF THE 2,469
PARTIES.
Sec. 4519.54. NO MANUFACTURER, IMPORTER, DEALER, OR OTHER 2,471
PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY 2,472
MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE 2,474
DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO 2,475
THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN 2,476
ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON 2,478
AS ARE NECESSARY TO SHOW TITLE IN THE PURCHASER. NO DEALER SHALL
PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,479
VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR 2,480
IMPORTER'S CERTIFICATE. 2,481
A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF 2,483
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN 2,484
THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH 2,485
FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY 2,486
REQUIRE:
(A) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR 2,489
ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL, 2,490
IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION
NUMBER; 2,491
(B) CERTIFICATION OF THE DATE OF TRANSFER OF THE 2,494
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR 2,495
DEALER OR OTHER TRANSFEREE, AND THE NAME AND ADDRESS OF THE
57
TRANSFEREE; 2,496
(C) CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE 2,499
NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY 2,500
TRADE AND COMMERCE;
(D) THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE 2,503
TRANSFEROR.
AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE 2,505
BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER 2,506
OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S 2,507
OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE 2,508
REGISTRAR. THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND 2,509
ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY 2,510
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 2,512
ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE 2,513
ASSIGNMENT.
Sec. 4519.55. APPLICATION FOR A CERTIFICATE OF TITLE FOR 2,515
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE 2,516
UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND 2,517
SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER 2,518
EMPOWERED TO ADMINISTER OATHS. THE APPLICATION SHALL BE FILED 2,519
WITH THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN
WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF 2,520
THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE 2,521
TRANSACTION IS CONSUMMATED. THE APPLICATION SHALL BE ACCOMPANIED 2,522
BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND, 2,523
IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE 2,525
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION 2,526
ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY 2,527
ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER. IF A
CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE 2,528
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION, 2,530
UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED 2,532
BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN 2,533
58
STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF 2,535
SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER 2,536
STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,537
VEHICLE WAS BROUGHT INTO THIS STATE. THE REGISTRAR, IN 2,538
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE 2,539
THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH 2,541
PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM 2,542
THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS 2,543
OF OTHER PERSONS. FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE 2,544
OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY 2,545
DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN 2,546
NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY 2,547
CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM 2,548
AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.
IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR 2,550
ALL-PURPOSE VEHICLE BY A DEALER TO A GENERAL PURCHASER OR USER, 2,551
THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE 2,553
PURCHASER BY THE DEALER UPON APPLICATION SIGNED BY THE PURCHASER. 2,554
IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE 2,555
PURCHASER. IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE 2,556
OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE 2,558
SHALL BE FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE OF
PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE 2,560
OR ALL-PURPOSE VEHICLE. IF THE APPLICATION FOR CERTIFICATE OF 2,561
TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE 2,562
OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY 2,563
MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE 2,564
FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY 2,566
SECTION 4519.59 OF THE REVISED CODE. THE CLERK SHALL RETAIN THE 2,567
ENTIRE AMOUNT OF EACH LATE FILING FEE. 2,568
EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR 2,570
ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS 2,571
SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR 2,572
CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE 2,573
59
APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER 2,574
5739. OR 5741. OF THE REVISED CODE, OR SUBMITS EITHER OF THE 2,576
FOLLOWING:
(A) A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF 2,579
COURTS SHOWING PAYMENT OF THE TAX;
(B) AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY 2,581
THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT 2,582
SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE 2,584
REVISED CODE. 2,585
PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH 2,587
DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES 2,588
ISSUED BY THE TAX COMMISSIONER. WHEN A DEALER SUBMITS PAYMENT OF 2,590
THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO 2,591
WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED 2,593
CODE. THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY 2,594
THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE 2,596
TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE. IF THE 2,597
APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY 2,599
MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE 2,600
EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE 2,601
APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO
CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF 2,604
EITHER OF THE ITEMS LISTED IN DIVISION (A) OR (B) OF THIS 2,606
SECTION.
FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK, 2,608
THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER 2,609
CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE 2,611
CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION
325.33 OF THE REVISED CODE. IN THE CASE OF CASUAL SALES OF 2,612
OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT 2,613
TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE, 2,615
THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL 2,616
BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE 2,618
CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR, 2,620
60
WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE 2,622
DETERMINATION OF THE TAX. IN ADDITION TO THE INFORMATION 2,623
REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE 2,625
OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING
NOTIFICATION AND STATEMENTS: "WARNING TO TRANSFEROR AND 2,626
TRANSFEREE (SELLER AND BUYER): YOU ARE REQUIRED BY LAW TO STATE 2,629
THE TRUE SELLING PRICE. A FALSE STATEMENT IS IN VIOLATION OF 2,631
SECTION 2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX 2,632
MONTHS IMPRISONMENT OR A FINE OF UP TO ONE THOUSAND DOLLARS, OR 2,633
BOTH. ALL TRANSFERS ARE AUDITED BY THE DEPARTMENT OF TAXATION. 2,634
THE SELLER AND BUYER MUST PROVIDE ANY INFORMATION REQUESTED BY 2,635
THE DEPARTMENT OF TAXATION. THE BUYER MAY BE ASSESSED ANY 2,636
ADDITIONAL TAX FOUND TO BE DUE."
THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS 2,638
POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE 2,639
PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH 2,640
INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE. 2,641
Sec. 4519.56. (A) AN APPLICATION FOR A CERTIFICATE OF 2,643
TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER 2,645
EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF 2,646
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL 2,647
CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER 2,649
WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY 2,650
REQUIRE:
(1) NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR 2,653
EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;
(2) STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR 2,656
ALL-PURPOSE VEHICLE WAS ACQUIRED;
(3) NAME AND ADDRESS OF THE PREVIOUS OWNER; 2,659
(4) A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER 2,662
ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,663
VEHICLE, AND THE NAME AND ADDRESS OF EACH HOLDER THEREOF;
(5) IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER 2,666
ENCUMBRANCES, A STATEMENT OF THAT FACT;
61
(6) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR 2,668
ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL, 2,670
IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION 2,671
NUMBER.
IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 2,673
CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE 2,674
MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE 2,675
IDENTIFICATION NUMBER. EXCEPT AS PROVIDED IN DIVISION (B) OF 2,676
THIS SECTION, IF THE APPLICATION FOR A CERTIFICATE OF TITLE 2,677
REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT 2,678
CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR WHICH NO 2,680
CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS STATE, 2,681
THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION 2,682
CERTIFICATE AS DESCRIBED IN THAT DIVISION. 2,683
IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER 2,686
OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN 2,687
REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A 2,688
PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO
ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE 2,690
IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE. THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER 2,691
SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY 2,692
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY THE STATE HIGHWAY PATROL. 2,694
THE STATE HIGHWAY PATROL SHALL ASSESS A FEE OF FIFTY DOLLARS FOR 2,695
AFFIXING THE NUMBER TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,696
VEHICLE AND SHALL DEPOSIT EACH SUCH FEE IN THE STATE HIGHWAY 2,697
SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE REVISED CODE. 2,699
(B) EXCEPT IN THE CASE OF A NEW OFF-HIGHWAY MOTORCYCLE OR 2,701
ALL-PURPOSE VEHICLE SOLD BY A DEALER LICENSED UNDER CHAPTER 4517. 2,703
OF THE REVISED CODE TITLE TO WHICH IS EVIDENCED BY A 2,705
MANUFACTURER'S OR IMPORTER'S CERTIFICATE, IF THE APPLICATION FOR 2,707
A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR 2,708
ALL-PURPOSE VEHICLE THAT CONTAINS A PERMANENT IDENTIFICATION
NUMBER PLACED THEREON BY THE MANUFACTURER, BUT FOR WHICH NO 2,709
62
CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED BY THIS STATE, 2,710
THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION 2,711
CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING 2,712
THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND 2,713
MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY 2,714
MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF 2,715
TITLE IS DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE 2,716
IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR. THE PHYSICAL 2,717
INSPECTION SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN 2,718
ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR 2,719
VEHICLE DEALER. THE DEPUTY REGISTRAR OR MOTOR VEHICLE DEALER MAY 2,721
CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING 2,722
THE PHYSICAL INSPECTION. 2,723
THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE 2,726
OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL 2,727
INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF 2,728
THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE 2,729
REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH 2,730
SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY 2,731
OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS 2,732
RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING 2,733
SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY 2,734
SECTION 4501.25 OF THE REVISED CODE. 2,736
Sec. 4519.57. THE CLERK OF THE COURT OF COMMON PLEAS SHALL 2,738
ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND 2,739
ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL. THE FRONT 2,741
SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION 2,743
REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION
4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND 2,746
CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY 2,747
OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR 2,748
OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY 2,749
NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT. THE 2,750
REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF 2,751
63
THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF 2,752
THE REVISED CODE. AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A 2,755
NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS 2,756
SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN 2,757
THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES. 2,758
THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS
THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 2,759
AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE 2,761
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED 2,762
ON THE FACE OF THE CERTIFICATE OF TITLE. 2,763
CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT 2,765
LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,766
VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE 2,767
TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE 2,768
PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.
Sec. 4519.58. THE CLERK OF THE COURT OF COMMON PLEAS SHALL 2,770
ISSUE CERTIFICATES OF TITLE IN DUPLICATE. ONE COPY SHALL BE 2,771
RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE 2,772
INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR 2,773
OF MOTOR VEHICLES ON THE DAY IT IS ISSUED. THE CLERK SHALL SIGN 2,774
AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE 2,775
AND, IF THERE ARE NO LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE 2,776
APPLICANT OR THE SELLING DEALER. EXCEPT AS OTHERWISE PROVIDED IN 2,777
THIS SECTION, IF THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY 2,779
MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL
BE DELIVERED TO THE HOLDER OF THE FIRST LIEN. IF THE CERTIFICATE 2,780
OF TITLE IS OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND 2,781
THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR 2,782
ALL-PURPOSE VEHICLE, THE CLERK SHALL ISSUE A CERTIFICATE OF TITLE 2,783
AND MAY ISSUE A MEMORANDUM CERTIFICATE OF TITLE. THE CERTIFICATE 2,785
OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE, IF ISSUED, SHALL BE 2,787
DELIVERED TO THE HOLDER OF THE FIRST LIEN OR THE SELLING DEALER,
WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE 2,789
64
FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE
APPLICANT. THE SELLING DEALER ALSO MAY MAKE ARRANGEMENTS WITH 2,790
THE CLERK TO HAVE THE CLERK DELIVER THE MEMORANDUM CERTIFICATE OF 2,792
TITLE TO THE APPLICANT.
THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING 2,794
CERTIFICATES OF TITLE. THE NUMBERING SHALL BE IN SUCH MANNER 2,795
THAT THE COUNTY OF ISSUANCE IS INDICATED. NUMBERS SHALL BE 2,796
ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE 2,797
REGISTRAR. THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE 2,798
ACCORDING TO THE RULES TO BE PRESCRIBED BY THE REGISTRAR, AND THE
CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE 2,799
CERTIFICATES OF TITLE. 2,800
THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES 2,802
OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT 2,804
MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES 2,805
OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY 2,806
MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN 2,808
YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE 2,810
DESTROYED. THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE
RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES 2,812
OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING 2,813
EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR 2,814
ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE 2,815
DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED. THE 2,816
CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE 2,817
DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN 2,818
IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR 2,819
TEN YEARS. IF THE CLERK PROVIDES A WRITTEN COPY OF ANY 2,820
INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE 2,821
CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE 2,822
RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING. 2,823
Sec. 4519.59. (A) THE CLERK OF THE COURT OF COMMON PLEAS 2,825
SHALL CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE, 2,827
DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, 2,828
65
AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE. THE CLERK 2,829
SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED 2,831
FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE 2,832
CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE, 2,833
ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR 2,835
DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH 2,836
NOTATION OF A LIEN.
THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED 2,838
FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS 2,839
CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING 2,841
SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A 2,842
CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR 2,843
VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE 2,844
REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT 2,845
SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN 2,846
WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION 2,847
THEREOF.
(B)(1) THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF THE 2,850
AMOUNT RECEIVED FOR EACH CERTIFICATE OF TITLE AND ALL OF THE 2,851
AMOUNTS RECEIVED FOR EACH NOTATION OF ANY LIEN AND EACH DUPLICATE 2,852
CERTIFICATE OF TITLE INTO THE STATE BUREAU OF MOTOR VEHICLES FUND 2,853
ESTABLISHED IN SECTION 4501.25 OF THE REVISED CODE. 2,856
(2) FIFTY CENTS OF THE AMOUNT RECEIVED FOR EACH 2,859
CERTIFICATE OF TITLE SHALL BE PAID BY THE REGISTRAR AS FOLLOWS: 2,860
(a) FOUR CENTS SHALL BE PAID INTO THE STATE TREASURY TO 2,863
THE CREDIT OF THE MOTOR VEHICLE DEALERS BOARD FUND CREATED IN 2,864
SECTION 4505.09 OF THE REVISED CODE, FOR USE AS DESCRIBED IN 2,866
DIVISION (B)(2)(a) OF THAT SECTION. 2,869
(b) TWENTY-ONE CENTS SHALL BE PAID INTO THE GENERAL 2,872
REVENUE FUND;
(c) TWENTY-FIVE CENTS SHALL BE PAID INTO THE STATE 2,875
TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES AUDIT FUND 2,876
CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS 2,878
DESCRIBED IN DIVISION (B)(2)(c) OF THAT SECTION. 2,881
66
(3) TWO DOLLARS OF THE AMOUNT RECEIVED BY THE REGISTRAR 2,884
FOR EACH CERTIFICATE OF TITLE SHALL BE PAID INTO THE STATE 2,885
TREASURY TO THE CREDIT OF THE AUTOMATED TITLE PROCESSING FUND 2,886
CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS 2,888
DESCRIBED IN DIVISION (B)(3)(a) OF THAT SECTION. 2,891
Sec. 4519.60. IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF 2,893
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF 2,894
LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY, 2,895
INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION 2,896
IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY 2,897
AGREEMENT AS PROVIDED IN CHAPTER 1309. OF THE REVISED CODE, THE 2,898
CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 2,899
ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR 2,900
CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S 2,902
CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO 2,903
THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF
POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, 2,904
AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 OF THE 2,905
REVISED CODE, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE 2,906
OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO 2,908
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. ONLY AN 2,909
AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION 2,910
OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED, 2,912
SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION 2,913
AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT 2,914
ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND 2,915
OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND
RIGHT OF POSSESSION. IF THE APPLICANT CANNOT PRODUCE SUCH PROOF 2,916
OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR 2,917
OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND 2,918
THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY 2,919
AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE. IF, FROM 2,920
THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY
67
LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE 2,921
CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS 2,922
THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS 2,923
EXTINCTION.
Sec. 4519.61. (A) EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE 2,926
OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE 2,927
LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR 2,928
ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH 2,929
MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE 2,931
OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT 2,932
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN 2,934
THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF 2,935
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 2,936
LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S 2,937
RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE 2,938
CANCELLATION.
UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE 2,940
MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR 2,941
MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM 2,942
CERTIFICATES IN THAT CHAIN OF TITLE.
(B) WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE 2,945
CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,946
VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE 2,947
REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE 2,949
CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,950
VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR 2,951
DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, 2,952
COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE 2,953
CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR 2,954
VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION" 2,955
ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE 2,956
CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR 2,957
SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON 2,958
68
PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION. IF THE 2,959
SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,961
VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR 2,962
A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 2,963
ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED 2,964
IN DIVISION (C)(1) OF THIS SECTION. 2,965
(C)(1) WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY 2,968
IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,969
VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE 2,970
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR 2,971
CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE 2,972
CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,974
VEHICLE AND PROCEED AS FOLLOWS. WITHIN THIRTY DAYS THE INSURANCE 2,976
COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF 2,977
THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A 2,978
SALVAGE CERTIFICATE OF TITLE. THE CLERK SHALL ISSUE THE SALVAGE 2,979
CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT 2,981
SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF 2,982
TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE 2,983
ORIGINAL CERTIFICATE OF TITLE. EXCEPT AS PROVIDED IN DIVISION 2,984
(C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE 2,985
ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY 2,986
OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR 2,987
OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,988
VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE 2,989
TRANSFERABLE TO ANY OTHER PERSON. THE CLERK OF THE COURT OF 2,990
COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF 2,991
PROCESSING EACH SALVAGE CERTIFICATE OF TITLE. 2,992
(2) IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY 2,995
MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1) 2,996
OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE TO NORMAL OPERATION, 2,997
THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF TITLE TO THE 2,998
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A SALVAGE DEALER 3,000
OR SCRAP METAL PROCESSING FACILITY AND SEND THE ASSIGNED
69
CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS OF 3,002
THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL PROCESSING 3,003
FACILITY IS LOCATED. THE INSURANCE COMPANY SHALL MARK THE FACE 3,004
OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL DELIVER A 3,005
PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE DEALER OR 3,006
SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.
(3) IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY 3,008
IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OF ALL-PURPOSE 3,010
VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT 3,011
IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE 3,012
INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,013
VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO 3,014
RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,015
VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR 3,016
CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM 3,017
UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE 3,018
VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE 3,019
TO THE INSURANCE COMPANY. 3,020
(D) WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING 3,023
COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY 3,024
MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR 3,025
DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO 3,026
REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, 3,027
OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING: 3,028
(1) MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE 3,030
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION" 3,032
AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT 3,033
OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF 3,034
THIS SECTION. THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING 3,035
COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE 3,036
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A 3,037
PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR 3,038
SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY 3,040
MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED, 3,041
70
CRUSHED, OR DESTROYED.
(2) OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE 3,043
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE 3,045
SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED 3,046
CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND 3,047
THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR 3,049
ALL-PURPOSE VEHICLE. IF THE OFF-HIGHWAY MOTORCYCLE OR 3,050
ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION, 3,051
RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A 3,052
SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 3,053
ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK 3,054
OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER 3,055
RESIDES. 3,056
(E) IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 3,059
TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR 3,060
OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF 3,061
COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE 3,062
STATE HIGHWAY PATROL. THE INSPECTION SHALL INCLUDE ESTABLISHING 3,063
PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND 3,064
VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,066
ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE
MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY 3,068
MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH 3,069
DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF 3,070
INSPECTION. UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE
STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED 3,071
INSPECTION FORM. THE CLERK, UPON SUBMISSION OF THE COMPLETED 3,072
INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF 3,074
TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY 3,075
THE REGISTRAR. THE CERTIFICATE OF TITLE SHALL BE IN THE SAME 3,076
FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME 3,077
NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL 3,078
CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE" 3,079
IN BLACK BOLDFACE LETTERS ON ITS FACE. EVERY SUBSEQUENT 3,080
71
CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR 3,081
CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM 3,082
CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR 3,083
ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE" 3,085
IN BLACK BOLDFACE LETTERS ON ITS FACE. THE EXACT LOCATION ON THE 3,086
FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE" 3,087
SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN 3,088
AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM 3,089
TO COMPLY WITH THIS DIVISION. THE CLERK SHALL USE REASONABLE 3,090
CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS 3,091
DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS 3,092
DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF 3,093
THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE 3,095
PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES. A FEE OF 3,096
FIFTY DOLLARS SHALL BE ASSESSED BY THE STATE HIGHWAY PATROL FOR 3,097
EACH INSPECTION MADE PURSUANT TO THIS DIVISION. 3,098
(F) NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE 3,101
CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION" 3,102
AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL 3,103
BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL. 3,104
Sec. 4519.62. IN THE EVENT OF A LOST OR DESTROYED 3,106
CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF 3,107
THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF 3,108
TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,109
ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A 3,110
CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE 3,111
REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED
BY SECTION 4519.59 OF THE REVISED CODE. THE APPLICATION SHALL BE 3,112
SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE 3,113
CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO 3,114
THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER. THE 3,115
CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE 3,116
WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY 3,117
MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE
72
ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS 3,119
IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE 3,120
ORIGINAL HOLDER OF THE CERTIFIED COPY HAD. ANY PURCHASER OF THE 3,121
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF 3,122
PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE 3,123
PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY 3,124
MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE 3,126
PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY
CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE. IN THE EVENT OF 3,127
THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER, 3,128
THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF 3,129
TITLE TO THE CLERK FOR CANCELLATION. 3,130
THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY 3,132
MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING 3,134
LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME 3,135
TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM 3,136
CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM 3,137
PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE
APPLICANT. UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE 3,138
CORRECT, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 OF 3,139
THE REVISED CODE, THE CLERK SHALL ISSUE TO THE APPLICANT A 3,140
MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR 3,141
ALL-PURPOSE VEHICLE. IN THE EVENT THE MEMORANDUM CERTIFICATE IS 3,143
LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY
OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED 3,144
BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE. 3,145
THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO 3,146
EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE 3,147
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN. 3,149
Sec. 4519.63. THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK 3,151
OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON 3,152
AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE 3,153
INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE 3,154
VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR 3,156
73
OTHER CLASSIFICATION AS THEY MAY DIRECT. THE REGISTRAR OR THE 3,157
CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND 3,158
THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE
VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE 3,159
INFORMATION AND ATTESTATIONS THEREOF. 3,160
FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS: 3,162
(A) FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE, 3,164
TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF; 3,165
(B) FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS 3,167
THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR 3,168
REPORTED ON;
(C) FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO 3,170
DOLLARS PER COPY. THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF 3,173
RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.
SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE 3,175
FACTS THEREIN STATED IN ANY COURT OF THE STATE. THE REGISTRAR 3,176
AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT 3,177
CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF 3,178
POLICE, OR THE ATTORNEY GENERAL. THE CLERK ALSO MAY PROVIDE A 3,179
COPY OF A CERTIFICATE OF TITLE TO A PUBLIC AGENCY WITHOUT CHARGE. 3,180
THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS 3,182
SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF 3,183
THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION 3,185
4501.25 OF THE REVISED CODE. THOSE FEES COLLECTED BY THE CLERK
AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF 3,186
TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE 3,187
REVISED CODE. 3,188
Sec. 4519.64. MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY 3,190
MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE 3,191
AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES. 3,192
THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY 3,193
OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF 3,194
THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE 3,195
FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE
74
RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY 3,196
PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE 3,197
MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE 3,198
NAMES OF THE AGENTS.
Sec. 4519.65. THE CLERK OF THE COURT OF COMMON PLEAS AND 3,200
THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR 3,201
AFFIDAVIT REQUIRED BY THIS CHAPTER. 3,202
Sec. 4519.66. NO PERSON SHALL DO ANY OF THE FOLLOWING: 3,204
(A) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR 3,207
ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE 3,209
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A 3,210
CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE 3,211
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;
(B) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR 3,214
ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY 3,215
MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS 3,216
BEEN CANCELED;
(C) FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON 3,218
CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND 3,219
NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER; 3,220
(D) FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE 3,222
CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER, 3,224
IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE 3,225
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE 3,226
CERTIFICATE OF TITLE;
(E) VIOLATE SECTIONS 4519.51 TO 4519.70 OF THE REVISED 3,228
CODE FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL 3,229
RULES PROMULGATED PURSUANT TO THOSE SECTIONS. 3,230
Sec. 4519.67. NO PERSON SHALL DO ANY OF THE FOLLOWING: 3,232
(A) PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE 3,234
TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR 3,235
ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF 3,236
TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR 3,237
HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR 3,238
75
ALL-PURPOSE VEHICLE HAS BEEN STOLEN; 3,239
(B) SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY 3,242
MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR
ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED, 3,244
REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE 3,245
DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE 3,246
MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER. 3,247
(C) SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR 3,249
ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR 3,250
TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR 3,251
IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS 3,252
PROVIDED FOR IN THIS CHAPTER.
Sec. 4519.68. (A)(1) CHAPTER 1309. OF THE REVISED CODE 3,254
DOES NOT PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD 3,256
OF A SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR 3,257
ALL-PURPOSE VEHICLE, EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 3,259
THIS SECTION.
(2) SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE APPLY 3,263
TO A SECURITY INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR 3,264
ALL-PURPOSE VEHICLE HELD AS INVENTORY, AS DEFINED IN DIVISION (D) 3,266
OF SECTION 1309.07 OF THE REVISED CODE, FOR SALE BY A DEALER. 3,268
THE SECURITY INTEREST HAS PRIORITY OVER CREDITORS OF THE DEALER 3,269
AS PROVIDED IN SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE 3,272
WITHOUT NOTATION OF THE SECURITY INTEREST ON A CERTIFICATE OF 3,273
TITLE OR WITHOUT THE RETENTION OF A MANUFACTURER'S OR IMPORTER'S 3,274
CERTIFICATE.
(B) SUBJECT TO DIVISION (A) OF THIS SECTION, ANY SECURITY 3,279
AGREEMENT COVERING A SECURITY INTEREST IN AN OFF-HIGHWAY 3,280
MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF A NOTATION OF THE AGREEMENT 3,282
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 3,283
CREDITORS OF THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND 3,284
AGAINST SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER 3,285
LIENHOLDERS OR CLAIMANTS. ALL SECURITY INTERESTS, LIENS,
76
MORTGAGES, AND ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE 3,287
TAKE PRIORITY ACCORDING TO THE ORDER OF TIME IN WHICH THEY ARE 3,288
NOTED THEREON BY THE CLERK. EXPOSURE FOR SALE OF ANY OFF-HIGHWAY 3,289
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY ITS OWNER, WITH THE 3,290
KNOWLEDGE OR WITH THE KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY 3,291
SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE THEREON, DOES 3,292
NOT RENDER THE SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE 3,293
INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR AGAINST 3,295
HOLDERS OF SUBSEQUENT SECURITY INTERESTS, LIENS, MORTGAGES, OR 3,296
ENCUMBRANCES UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,297
VEHICLE. 3,298
THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY 3,300
AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY 3,301
IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE 3,302
CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 OF 3,303
THE REVISED CODE, MAY HAVE A NOTATION OF THE SECURITY INTEREST
MADE ON THE FACE OF THE CERTIFICATE OF TITLE AND, IF SUCH A 3,305
NOTATION IS MADE, ANOTHER NOTATION OF THE LIEN SHALL BE ENTERED 3,307
INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE
TITLES. THE CLERK, OVER THE CLERK'S SIGNATURE AND SEAL OF 3,309
OFFICE, SHALL ISSUE A NEW ORIGINAL CERTIFICATE OF TITLE FROM THE 3,310
AUTOMATED TITLE PROCESSING SYSTEM THAT INDICATES THE SECURITY 3,311
INTEREST AND THE DATE OF THE SECURITY INTEREST. 3,312
WHEN THE SECURITY INTEREST IS DISCHARGED, THE HOLDER 3,314
THEREOF SHALL NOTE THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON 3,316
THE FACE OF THE CERTIFICATE OF TITLE OR OVER THE HOLDER'S 3,317
SIGNATURE ON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES 3,318
WHEN THERE IS NO SPACE FOR THE DISCHARGE ON THE FACE OF THE
CERTIFICATE OF TITLE. PRIOR TO DELIVERING THE CERTIFICATE TO THE 3,320
OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY 3,321
ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE 3,322
THE CLERK NOTE THE CANCELLATION OF THE SECURITY INTEREST ON THE
FACE OF THE CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE 3,324
CLERK. IF THE CANCELLATION APPEARS TO BE GENUINE, THE CLERK 3,325
77
SHALL NOTE THE CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO 3,326
SHALL NOTE THE CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE 3,327
REGISTRAR, WHO SHALL NOTE THE CANCELLATION. IF A SECURITY 3,328
INTEREST THAT IS DISCHARGED DOES NOT APPEAR ON THE FACE OF THE
CERTIFICATE OF TITLE BUT INSTEAD WAS ENTERED INTO THE AUTOMATED 3,330
TITLE PROCESSING SYSTEM FOR MOTOR VEHICLES, THE CLERK SHALL ENTER 3,331
THE CANCELLATION INTO THE AUTOMATED TITLE PROCESSING SYSTEM AND 3,332
ALSO SHALL NOTE THE CANCELLATION ON A FORM PRESCRIBED BY THE 3,333
REGISTRAR.
Sec. 4519.69. IF THE APPLICATION FOR A CERTIFICATE OF 3,335
TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 3,336
LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION 3,337
SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED 3,339
BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR, 3,340
SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S
IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,342
ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS 3,343
DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH 3,344
FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES. THE
PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,345
VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN 3,347
ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR 3,349
VEHICLE DEALER. ADDITIONALLY, THE PHYSICAL INSPECTION OF A 3,350
SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN 3,351
INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS 3,352
OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER 3,354
4738. OF THE REVISED CODE. THE DEPUTY REGISTRAR, THE MOTOR 3,355
VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A 3,356
MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE 3,357
PHYSICAL INSPECTION.
THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE 3,359
OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL 3,360
INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF 3,361
THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE 3,363
78
REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH 3,364
SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY
OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS 3,365
RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING 3,366
SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF 3,367
MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 3,369
CODE. 3,370
Sec. 4519.70. (A)(1) NO MINOR UNDER EIGHTEEN YEARS OF AGE 3,373
SHALL PURCHASE OR OTHERWISE ACQUIRE AN OFF-HIGHWAY MOTORCYCLE OR 3,374
ALL-PURPOSE VEHICLE AND OBTAIN A CERTIFICATE OF TITLE FOR THE 3,375
MOTORCYCLE OR VEHICLE UNLESS THE APPLICATION FOR THE CERTIFICATE 3,376
OF TITLE IS ACCOMPANIED BY A FORM PRESCRIBED BY THE REGISTRAR OF 3,377
MOTOR VEHICLES THAT IS SIGNED BY A PARENT OF THE MINOR, THE 3,378
MINOR'S GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR 3,379
AUTHORIZING THE PURCHASE OR ACQUISITION OF THE OFF-HIGHWAY 3,380
MOTORCYCLE OR ALL-PURPOSE VEHICLE. 3,381
(2) NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL SELL OR 3,384
OTHERWISE DISPOSE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,385
VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER 3,386
THIS CHAPTER UNLESS A PARENT OF THE MINOR, THE MINOR'S GUARDIAN, 3,387
OR OTHER PERSON HAVING CUSTODY OF THE MINOR FURNISHES TO THE 3,388
BUYER OR PERSON ACQUIRING THE MOTORCYCLE OR VEHICLE, AT THE TIME 3,389
OF THE SALE OR DISPOSITION, A FORM PRESCRIBED BY THE REGISTRAR 3,390
THAT IS SIGNED BY THE PARENT, GUARDIAN, OR OTHER PERSON 3,391
AUTHORIZING THE SALE OR DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE 3,392
OR ALL-PURPOSE VEHICLE.
(B) AT THE TIME AN APPLICATION FOR A CERTIFICATE OF TITLE 3,395
FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN 3,396
DIVISION (A) OF THIS SECTION IS SUBMITTED, THE ADULT WHO SIGNED 3,398
THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, OR 3,399
ACQUISITION OF THE MOTORCYCLE OR VEHICLE BY THE MINOR SHALL BE 3,400
PRESENT AND SHALL PROVIDE IDENTIFICATION ESTABLISHING THAT THE 3,401
ADULT IS THE INDIVIDUAL WHOSE SIGNATURE APPEARS ON THE FORM. THE 3,402
REGISTRAR SHALL PRESCRIBE, BY RULE, THE TYPES OF IDENTIFICATION 3,403
79
THAT ARE ACCEPTABLE FOR THE PURPOSES OF THIS DIVISION. IF THE 3,404
ADULT WHO SIGNED THE FORM DOES NOT PROVIDE IDENTIFICATION AS 3,405
REQUIRED BY THIS DIVISION, THE APPLICATION SHALL BE REFUSED. 3,406
(C) NO RIGHT, TITLE, CLAIM TO, OR INTEREST IN AN 3,408
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE ACQUIRED 3,410
BY OR FROM A MINOR UNLESS THE APPLICATION FOR A CERTIFICATE OF 3,411
TITLE FOR THE MOTORCYCLE OR VEHICLE IS ACCOMPANIED BY THE FORM 3,412
REQUIRED BY THIS SECTION. 3,413
(D) NO CLERK OF A COURT OF COMMON PLEAS SHALL BE HELD 3,415
LIABLE IN ANY CIVIL ACTION THAT ARISES UNDER THE LAW OF THIS 3,416
STATE FOR INJURY OR LOSS TO PERSONS OR PROPERTY CAUSED WHEN A 3,417
PERSON HAS OBTAINED A CERTIFICATE OF TITLE IN VIOLATION OF THIS 3,418
SECTION, UNLESS THE CLERK FAILED TO USE REASONABLE DILIGENCE IN 3,419
ASCERTAINING THE AGE OF THE MINOR OR THE IDENTITY OF THE ADULT 3,420
WHO SIGNED THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, 3,421
OR ACQUISITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,422
VEHICLE BY THE MINOR. 3,423
Sec. 4519.99. (A) Whoever violates division (A) of 3,432
section 4519.02, or division (A), (B), or (C) of section 4519.05, 3,433
of the Revised Code shall be fined not more than twenty-five 3,434
dollars for a first offense; for each subsequent offense such 3,435
person shall be fined not less than twenty-five nor more than 3,436
fifty dollars. 3,437
(B) Whoever violates section 4519.06 of the Revised Code 3,439
shall be fined not more than fifty dollars for a first offense; 3,440
for each subsequent offense such person shall be fined not less 3,441
than fifty nor more than two hundred dollars. 3,442
(C) Whoever violates division (E)(B) of section 4519.20, 3,444
or section 4519.22, of the Revised Code shall be fined not more 3,445
than fifty dollars for a first offense; for each subsequent 3,446
offense within one year of a first offense such person shall be 3,447
fined not less than fifteen nor more than one hundred dollars or 3,448
imprisoned not more than three days, or both. 3,449
(D) Whoever violates section 4519.40 or 4519.44 of the 3,451
80
Revised Code shall be fined not less than fifty nor more than 3,452
five hundred dollars or imprisoned not less than three nor more 3,453
than thirty days, or both. 3,454
(E) Whoever violates section 4519.45 of the Revised Code 3,456
shall be fined not less than one hundred nor more than five 3,457
hundred dollars. 3,458
(F) WHOEVER VIOLATES SECTION 4519.66 OF THE REVISED CODE 3,460
SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED 3,461
NOT MORE THAN NINETY DAYS, OR BOTH.
(G) WHOEVER VIOLATES SECTION 4519.67 OF THE REVISED CODE 3,463
SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED 3,464
IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE 3,465
THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE 3,466
THAN FIVE YEARS, OR BOTH.
(H) WHOEVER VIOLATES SECTION 4519.52 OF THE REVISED CODE 3,468
SHALL BE FINED FIFTY DOLLARS. 3,469
Section 2. That existing sections 325.33, 4501.01, 3,471
4503.10, 4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 3,472
4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 3,473
4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42, 3,474
4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99 3,476
of the Revised Code are hereby repealed. 3,477
Section 3. Sections 1 and 2 of this act shall take effect 3,479
January 1, 1999. 3,480
Section 4. Section 4503.10 of the Revised Code is 3,482
presented in this act as a composite of the section as amended by 3,483
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General 3,484
Assembly, with the new language of neither of the acts shown in 3,486
capital letters. This is in recognition of the principle stated 3,487
in division (B) of section 1.52 of the Revised Code that such 3,488
amendments are to be harmonized where not substantively 3,489
irreconcilable and constitutes a legislative finding that such is 3,490
the resulting version in effect prior to the effective date of 3,491
this act.