As Passed by the Senate 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- SENATORS OELSLAGER-GAETH 13
_________________________________________________________________ 15
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:
Sec. 325.33. Notwithstanding sections 325.27 and 325.31 of 47
2
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
are used to transport agricultural produce or agricultural 90
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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
agricultural tractor or traction engine, that displays current, 128
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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
than twenty miles per hour on a level surface. 168
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(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
horizontal projections when erected on site. These dimensions 205
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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
permit, that has a gross trailer area of four hundred square feet 243
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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
sale, or dealing in motor vehicles, at an established place of 279
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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.
(Z) "State" includes the territories and federal districts 314
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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
meets any of the following qualifications:
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(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
means the unladen weight of the vehicle fully equipped plus the 400
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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
the last certificate of title, bill of sale, or sworn statement 451
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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
registration is the municipal corporation or county in which the 491
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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
(2) The application is prohibited from being accepted by 532
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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
of the motor vehicle as shown on the immediately preceding 570
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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
sheriff or local police officials shall recover license plates 613
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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
registrar may pay the usual and customary fees for such service. 655
17
(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
commercial cars that are subject to that section. The registrar 694
18
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 in 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 735
filed with the clerk of the court of common pleas of the county 736
in which the applicant resides if the applicant is a resident of 737
this state or, if not a resident, in the county in which the 738
transaction is consummated. An application for a certificate of 740
title may be filed electronically by electronic image 741
transmission in any county in which the clerk of the court of 742
common pleas permits an application to be filed electronically. 743
The signature of an officer empowered to administer oaths that 744
19
appears on an application for a certificate of title, or on any 745
other document required to be filed by this chapter that has been
filed electronically, is not a facsimile signature as defined in 746
section 9.10 of the Revised Code. Any payments required by this 747
chapter shall be considered as accompanying any electronically 748
transmitted application when payment actually is received by the 749
clerk. Payment of any fee or taxes may be made by electronic 750
transfer of funds. The application for a certificate of title
shall be accompanied by the fee prescribed in section 4505.09 of 752
the Revised Code; and if a certificate of title previously has 753
been issued for the motor vehicle in this state, it shall be 754
accompanied by that certificate of title duly assigned, unless 755
otherwise provided in this chapter. If a certificate of title 756
previously has not been issued for the motor vehicle in this 757
state, the application, unless otherwise provided in this 758
chapter, shall be accompanied by a manufacturer's or importer's 759
certificate or by a certificate of title, bill of sale, or other 762
evidence of ownership required by the law of another state from 763
which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered 764
in another state, the application also shall be accompanied by 765
the physical inspection certificate required by section 4505.061 766
of the Revised Code. If the application is made by two persons 767
regarding a motor vehicle in which they wish to establish joint 768
ownership with right of survivorship they may do so as provided 769
in section 2106.17 of the Revised Code. The clerk shall retain 770
the evidence of title presented by the applicant and on which the 771
certificate of title is issued. The clerk shall use reasonable 772
diligence in ascertaining whether or not the facts in the 773
application are true by checking the application and documents 774
accompanying it with the records of motor vehicles in the clerk's 775
office; if satisfied that the applicant is the owner of the motor 776
vehicle and that the application is in the proper form, the 777
clerk, within five business days after the application is filed, 778
20
shall issue a certificate of title over the clerk's signature and 779
sealed with the clerk's seal. For purposes of the transfer of a 780
certificate of title, if the clerk is satisfied that the secured 781
party has duly discharged a lien notation, but has not canceled 782
the lien notation with the clerk of the county of origin, the 783
clerk may cancel the lien notation on the automated title 784
processing system and notify the clerk of the county of origin. 785
In the case of the sale of a motor vehicle to a general 787
buyer or user by a dealer, by a motor vehicle leasing dealer 788
selling the motor vehicle to the lessee or, in a case in which 789
the leasing dealer subleased the motor vehicle, the sublessee, at 790
the end of the lease agreement or sublease agreement, or by a 791
manufactured home broker, the certificate of title shall be 792
obtained in the name of the buyer by the dealer, leasing dealer, 793
or the manufactured home broker, as the case may be, upon 795
application signed by the buyer. The certificate of title shall 796
be issued within five business days after the application for 797
title is filed with the clerk. If the buyer of the motor vehicle 798
previously leased the motor vehicle and is buying the motor 799
vehicle at the end of the lease pursuant to that lease, the 800
certificate of title shall be obtained in the name of the buyer 801
by the motor vehicle leasing dealer who previously leased the
motor vehicle to the buyer or by the motor vehicle leasing dealer 802
who subleased the motor vehicle to the buyer under a sublease 803
agreement.
In all other cases, except as provided in division (D)(2) 805
of section 4505.11 of the Revised Code, such certificates shall 806
be obtained by the buyer. In all cases of transfer of a motor 808
vehicle, the application for certificate of title shall be filed 809
within thirty days after the assignment or delivery of the motor 810
vehicle. If an application for a certificate of title is not 811
filed within that period, the clerk shall collect a fee of five 812
dollars for the issuance of the certificate, except that no such 813
fee shall be required from a motor vehicle salvage dealer, as 814
21
defined in division (A) of section 4738.01 of the Revised Code, 815
who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees 816
established by this chapter, and shall be retained by the clerk. 817
The registrar shall provide, on the certificate of title form 818
prescribed by section 4505.07 of the Revised Code, language 819
necessary to give evidence of the date on which the assignment or 820
delivery of the motor vehicle was made. 821
As used in this division, "lease agreement," "lessee," and 823
"sublease agreement" have the same meanings as in section 4505.04 824
of the Revised Code.
(B) The clerk, except as provided in this section, shall 826
refuse to accept for filing any application for a certificate of 827
title and shall refuse to issue a certificate of title unless the 828
dealer or manufactured home broker or the applicant, in cases in 829
which the certificate shall be obtained by the buyer, submits 830
with the application payment of the tax levied by or pursuant to 831
Chapters 5739. and 5741. of the Revised Code. Upon payment of 832
the tax in accordance with division (E) of this section, the 833
clerk shall issue a receipt prescribed by the registrar and 834
agreed upon by the tax commissioner showing payment of the tax or 835
a receipt issued by the commissioner showing the payment of the 836
tax. When submitting payment of the tax to the clerk, a dealer 837
shall retain any discount to which the dealer is entitled under 838
section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk, 840
the clerk may retain a poundage fee of one and one one-hundredth 841
per cent, which shall be paid into the certificate of title 842
administration fund created by section 325.33 of the Revised 844
Code.
In the case of casual sales of motor vehicles, as defined 846
in section 4517.01 of the Revised Code, the price for the purpose 848
of determining the tax shall be the purchase price on the 849
assigned certificate of title executed by the seller and filed 850
22
with the clerk by the buyer on a form to be prescribed by the 851
registrar, which shall be prima-facie evidence of the amount for 852
the determination of the tax.
(C)(1) If the transferor indicates on the certificate of 854
title that the odometer reflects mileage in excess of the 855
designed mechanical limit of the odometer, the clerk shall enter 856
the phrase "exceeds mechanical limits" following the mileage 857
designation. If the transferor indicates on the certificate of 858
title that the odometer reading is not the actual mileage, the 859
clerk shall enter the phrase "nonactual: warning - odometer 861
discrepancy" following the mileage designation. The clerk shall
use reasonable care in transferring the information supplied by 863
the transferor, but is not liable for any errors or omissions of 864
the clerk or those of the clerk's deputies in the performance of 865
the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the 867
transferor shall swear to the true selling price and, except as 868
provided in this division, the true odometer reading of the motor 869
vehicle. The registrar may prescribe an affidavit in which the 870
seller and buyer provide information pertaining to the odometer 871
reading of the motor vehicle in addition to that required by this 872
section, as such information may be required by the United States 873
secretary of transportation by rule prescribed under authority of 874
subchapter IV of the "Motor Vehicle Information and Cost Savings 875
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 876
(2) Division (C)(1) of this section does not require the 879
giving of information concerning the odometer and odometer 880
reading of a motor vehicle when ownership of a motor vehicle is 881
being transferred as a result of a bequest, under the laws of 882
intestate succession, to a surviving spouse pursuant to section 883
2106.17, 2106.18, or 4505.10 of the Revised Code, or in 884
connection with the creation of a security interest. 885
(D) When the transfer to the applicant was made in some 887
other state or in interstate commerce, the clerk, except as 888
23
provided in this section, shall refuse to issue any certificate 889
of title unless the tax imposed by or pursuant to Chapter 5741. 891
of the Revised Code has been paid as evidenced by a receipt 892
issued by the tax commissioner, or unless the applicant submits 893
with the application payment of the tax. Upon payment of the tax 894
in accordance with division (E) of this section, the clerk shall 895
issue a receipt prescribed by the registrar and agreed upon by 897
the tax commissioner, showing payment of the tax. For receiving 898
and disbursing such taxes paid to the clerk, the clerk may retain 899
a poundage fee of one per cent. When the vendor is not regularly 900
engaged in the business of selling motor vehicles, the vendor 902
shall not be required to purchase a vendor's license or make 903
reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, 905
or by certified check, draft, or money order payable to the clerk 906
and submitted with an application for a certificate of title 908
under division (B) or (D) of this section. The clerk also may 909
accept payment of the tax by corporate, business, or personal 910
check, credit card, electronic transfer or wire transfer, debit 911
card, or any other accepted form of payment made payable to the 912
clerk. The clerk may require bonds, guarantees, or letters of 913
credit to ensure the collection of corporate, business, or 914
personal checks. Any service fee charged by a third party to a 915
clerk for the use of any form of payment may be paid by the clerk 916
from the certificate of title administration fund created in 917
section 325.33 of the Revised Code, or may be assessed by the 918
clerk upon the applicant as an additional fee. Upon collection, 919
the additional fees shall be paid by the clerk into that
certificate of title administration fund. 920
The clerk shall make a good faith effort to collect any 922
payment of taxes due but not made because the payment was 923
returned or dishonored, but the clerk is not personally liable 924
for the payment of uncollected taxes or uncollected fees. The 925
clerk shall notify the tax commissioner of any such payment of 926
24
taxes that is due but not made and shall furnish such information 927
to the commissioner as the commissioner requires. The clerk 928
shall deduct the amount of taxes due but not paid from the 929
clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner 930
may collect taxes due by assessment in the manner provided in 931
section 5739.13 of the Revised Code.
Any person who presents payment that is returned or 933
dishonored for any reason is liable to the clerk for payment of a 934
penalty over and above the amount of the taxes due. The clerk 935
shall determine the amount of the penalty, which shall be no 936
greater than that amount necessary to compensate the clerk for 937
banking charges, legal fees, or other expenses incurred by the
clerk in collecting the returned or dishonored payment. The 938
remedies and procedures provided in this section are in addition 939
to any other available civil or criminal remedies. Subsequently 940
collected penalties, poundage, and title fees, less any title fee 942
due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title 943
administration fund. Subsequently collected taxes, less 944
poundage, shall be sent by the clerk to the treasurer of state at 945
the next scheduled periodic remittance of tax payments, with such 946
information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division. 947
(F) In the following cases, the clerk shall accept for 949
filing such application and shall issue a certificate of title 950
without requiring payment or evidence of payment of the tax: 951
(1) When the purchaser is this state or any of its 953
political subdivisions, a church, or an organization whose 954
purchases are exempted by section 5739.02 of the Revised Code; 955
(2) When the transaction in this state is not a retail 957
sale as defined by section 5739.01 of the Revised Code; 958
(3) When the purchase is outside this state or in 960
interstate commerce and the purpose of the purchaser is not to 961
25
use, store, or consume within the meaning of section 5741.01 of 962
the Revised Code; 963
(4) When the purchaser is the federal government; 965
(5) When the motor vehicle was purchased outside this 967
state for use outside this state; 968
(6) When the motor vehicle is purchased by a nonresident 970
of this state for immediate removal from this state, and will be 971
permanently titled and registered in another state, as provided 972
by division (B)(23) of section 5739.02 of the Revised Code, and 973
upon presentation of a copy of the affidavit provided by that 974
section, and a copy of the exemption certificate provided by 975
section 5739.03 of the Revised Code. 976
The clerk shall forward all payments of taxes, less 978
poundage fee, to the treasurer of state in a manner to be 979
prescribed by the tax commissioner and shall furnish such 980
information to the commissioner as the commissioner requires. 981
(G) An application, as prescribed by the registrar and 984
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 985
application shall contain the following notice in bold lettering: 986
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You 987
are required by law to state the true selling price. A false 988
statement is in violation of section 2921.13 of the Revised Code 990
and is punishable by six months imprisonment or a fine of up to 991
one thousand dollars, or both. All transfers are audited by the 992
department of taxation. The seller and buyer must provide any 993
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." 994
Sec. 4505.09. (A) The clerk of the court of common pleas 1,004
shall charge a fee of five dollars for each certificate of title 1,005
that is not applied for within thirty days after the assignment 1,006
or delivery of the motor vehicle described therein. The fees 1,007
shall be retained by the clerk. 1,008
In addition to those fees, the clerk shall charge a fee of 1,010
26
five dollars for each certificate of title, duplicate certificate 1,012
of title, memorandum certificate of title, and notation of any 1,013
lien on a certificate of title. The clerk shall retain two 1,014
dollars and twenty-five cents of the fee charged for each 1,015
certificate of title, four dollars and seventy-five cents of the 1,016
fee charged for each duplicate certificate of title, all of the 1,017
fees charged for each memorandum certificate, and four dollars 1,018
and twenty-five cents of the fee charged for each notation of a 1,019
lien.
The remaining two dollars and seventy-five cents charged 1,021
for the certificate of title, the remaining twenty-five cents 1,022
charged for the duplicate certificate of title, and the remaining 1,024
seventy-five cents charged for the notation of any lien on a 1,025
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the 1,026
registrar not later than the fifth day of the month next 1,027
succeeding that in which the certificate is issued or that in 1,028
which the registrar is notified of a lien or cancellation 1,029
thereof. 1,030
(B)(1) The registrar shall pay twenty-five cents of the 1,032
amount received for each certificate of title and all of the 1,033
amounts received for each notation of any lien and each duplicate 1,034
certificate of title into the state bureau of motor vehicles fund 1,036
established in section 4501.25 of the Revised Code.
(2) Fifty cents of the amount received for each 1,038
certificate of title shall be paid by the registrar as follows: 1,039
(a) Four cents shall be paid into the state treasury to 1,041
the credit of the motor vehicle dealers board fund, which is 1,042
hereby created. All investment earnings of the fund shall be 1,043
credited to the fund. The moneys in the motor vehicle dealers 1,044
board fund shall be used by the motor vehicle dealers board 1,045
created under section 4517.30 of the Revised Code, together with 1,047
other moneys appropriated to it, in the exercise of its powers 1,048
and the performance of its duties under Chapter 4517. of the 1,049
27
Revised Code, except that the director of budget and management 1,050
may transfer excess money from the motor vehicle dealers board 1,051
fund to the bureau of motor vehicles fund if the registrar 1,052
determines that the amount of money in the motor vehicle dealers
board fund, together with other moneys appropriated to the board, 1,054
exceeds the amount required for the exercise of its powers and 1,055
the performance of its duties under Chapter 4517. of the Revised 1,056
Code and requests the director to make the transfer. 1,057
(b) Twenty-one cents shall be paid into the general 1,059
revenue fund; 1,060
(c) Twenty-five cents shall be paid into the state 1,062
treasury to the credit of the motor vehicle sales audit fund, 1,063
which is hereby created. The moneys in the fund shall be used by 1,064
the tax commissioner together with other funds available to the 1,066
commissioner to conduct a continuing investigation of sales and 1,067
use tax returns filed for motor vehicles in order to determine if 1,068
sales and use tax liability has been satisfied. The commissioner 1,069
shall refer cases of apparent violations of section 2921.13 of 1,070
the Revised Code made in connection with the titling or sale of a 1,071
motor vehicle and cases of any other apparent violations of the 1,072
sales or use tax law to the appropriate county prosecutor 1,073
whenever the commissioner considers it advisable. 1,074
(3) Two dollars of the amount received by the registrar 1,076
for each certificate of title shall be paid into the state 1,077
treasury to the credit of the automated title processing fund, 1,078
which is hereby created and which shall consist of moneys 1,079
collected under division (B)(3) of this section and under section 1,080
SECTIONS 1548.10 AND 4519.59 of the Revised Code. All investment 1,081
earnings of the fund shall be credited to the fund. The moneys 1,083
in the fund shall be used as follows:
(a) Moneys EXCEPT FOR MONEYS COLLECTED UNDER SECTION 1,085
1548.10 OF THE REVISED CODE, MONEYS collected under this division 1,086
(B)(3) OF THIS SECTION shall be used to implement and maintain an 1,088
automated title processing system for the issuance of motor 1,089
28
vehicle, OFF-HIGHWAY MOTORCYCLE, AND ALL-PURPOSE VEHICLE 1,090
certificates of title in the offices of the clerks of the courts 1,091
of common pleas;
(b) Moneys collected under section 1548.10 of the Revised 1,093
Code shall be used to issue marine certificates of title in the 1,094
offices of the clerks of the courts of common pleas as provided 1,095
in Chapter 1548. of the Revised Code. 1,096
(C)(1) The automated title processing board is hereby 1,098
created consisting of the registrar or the registrar's 1,099
representative, a person selected by the registrar, the president 1,101
of the Ohio clerks of court association or the president's 1,102
representative, and two clerks of courts of common pleas 1,104
appointed by the governor. The director of budget and management 1,105
or the director's designee, the chief of the division of 1,107
watercraft in the department of natural resources or the chief's 1,108
designee, and the tax commissioner or the commissioner's designee 1,109
shall be nonvoting members of the board. 1,110
(2) The automated title processing board shall determine 1,112
each of the following: 1,113
(a) The automated title processing equipment and 1,115
certificates of title requirements for each county; 1,116
(b) The payment of expenses that may be incurred by the 1,118
counties in implementing an automated title processing system; 1,119
(c) The repayment to the counties for existing title 1,121
processing equipment. 1,122
(3) The registrar shall purchase, lease, or otherwise 1,124
acquire any automated title processing equipment and certificates 1,125
of title that the board determines are necessary from moneys in 1,126
the automated title processing fund established by division 1,127
(B)(3) of this section. Each county issuing more than one 1,128
hundred thousand certificates of title annually, with the 1,129
approval of the registrar and in accordance with the registrar's 1,130
requirements, may purchase and maintain an automated title 1,131
processing system for the issuance of motor vehicle titles, 1,132
29
CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE 1,133
VEHICLES, and certificates of title for watercraft and outboard 1,135
motors with the cost of the system paid for from the automated 1,136
processing title fund.
(D) All counties shall conform to the requirements of the 1,138
registrar regarding the operation of their automated title 1,139
processing system for motor vehicle titles, CERTIFICATES OF TITLE 1,140
FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and 1,141
certificates of title for watercraft and outboard motors. 1,143
Sec. 4511.85. (A) The operator of a chauffeured limousine 1,152
shall accept passengers only on the basis of prearranged 1,153
contracts, as defined in division (GG)(LL) of section 4501.01 of 1,155
the Revised Code, and shall not cruise in search of patronage 1,156
unless the limousine is in compliance with any statute or 1,157
ordinance governing the operation of taxicabs or other similar 1,158
vehicles for hire. 1,159
(B) No person shall advertise or hold himself SELF out as 1,161
doing business as a limousine service or livery service or other 1,162
similar designation unless each vehicle used by him THE PERSON to 1,164
provide the service is registered in accordance with section 1,165
4503.24 of the Revised Code and is in compliance with section 1,166
4509.80 of the Revised Code. 1,167
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 1,176
the Revised Code: 1,177
(A) "Persons" includes individuals, firms, partnerships, 1,179
associations, joint stock companies, corporations, and any 1,180
combinations of individuals. 1,181
(B) "Motor vehicle" means motor vehicle as defined in 1,183
section 4501.01 of the Revised Code AND ALSO INCLUDES 1,184
"ALL-PURPOSE VEHICLE" AND "OFF-HIGHWAY MOTORCYCLE" AS THOSE TERMS 1,185
ARE DEFINED IN SECTION 4519.01 OF THE REVISED CODE. 1,186
(C) "New motor vehicle" means a motor vehicle, the legal 1,188
title to which has never been transferred by a manufacturer, 1,189
remanufacturer, distributor, or dealer to an ultimate purchaser. 1,190
30
(D) "Ultimate purchaser" means, with respect to any new 1,192
motor vehicle, the first person, other than a dealer purchasing 1,193
in the capacity of a dealer, who in good faith purchases such new 1,195
motor vehicle for purposes other than resale. 1,196
(E) "Business" includes any activities engaged in by any 1,198
person for the object of gain, benefit, or advantage either 1,199
direct or indirect. 1,200
(F) "Engaging in business" means commencing, conducting, 1,202
or continuing in business, or liquidating a business when the 1,203
liquidator thereof holds self out to be conducting such business; 1,206
making a casual sale or otherwise making transfers in the 1,207
ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of 1,208
the transferor's assets is not engaging in business. 1,209
(G) "Retail sale" or "sale at retail" means the act or 1,211
attempted act of selling, bartering, exchanging, or otherwise 1,212
disposing of a motor vehicle to an ultimate purchaser for use as 1,213
a consumer. 1,214
(H) "Retail installment contract" includes any contract in 1,216
the form of a note, chattel mortgage, conditional sales contract, 1,217
lease, agreement, or other instrument payable in one or more 1,218
installments over a period of time and arising out of the retail 1,219
sale of a motor vehicle. 1,220
(I) "Farm machinery" means all machines and tools used in 1,222
the production, harvesting, and care of farm products. 1,223
(J) "Dealer" or "motor vehicle dealer" means any new motor 1,225
vehicle dealer, any motor vehicle leasing dealer, and any used 1,226
motor vehicle dealer. 1,227
(K) "New motor vehicle dealer" means any person engaged in 1,229
the business of selling at retail, displaying, offering for sale, 1,230
or dealing in new motor vehicles pursuant to a contract or 1,231
agreement entered into with the manufacturer, remanufacturer, or 1,232
distributor of the motor vehicles. 1,233
(L) "Used motor vehicle dealer" means any person engaged 1,235
31
in the business of selling, displaying, offering for sale, or 1,236
dealing in used motor vehicles, at retail or wholesale, but does 1,237
not mean any new motor vehicle dealer selling, displaying, 1,238
offering for sale, or dealing in used motor vehicles incidentally 1,239
to engaging in the business of selling, displaying, offering for 1,240
sale, or dealing in new motor vehicles, any person engaged in the 1,241
business of dismantling, salvaging, or rebuilding motor vehicles 1,242
by means of using used parts, or any public officer performing 1,243
official duties. 1,244
(M) "Motor vehicle leasing dealer" means any person 1,246
engaged in the business of regularly making available, offering 1,247
to make available, or arranging for another person to use a motor 1,248
vehicle pursuant to a bailment, lease, sublease, or other 1,249
contractual arrangement under which a charge is made for its use 1,250
at a periodic rate for a term of thirty days or more, and title 1,251
to the motor vehicle is in and remains in the motor vehicle 1,252
leasing dealer who originally leases it, irrespective of whether 1,253
or not the motor vehicle is the subject of a later sublease, and 1,254
not in the user, but does not mean a manufacturer or its 1,255
affiliate leasing to its employees or to dealers. 1,256
(N) "Salesperson" means any person employed by a dealer or 1,258
manufactured home broker to sell, display, and offer for sale, or 1,259
deal in motor vehicles for a commission, compensation, or other 1,261
valuable consideration, but does not mean any public officer 1,262
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by 1,264
a person other than a new motor vehicle dealer, used motor 1,265
vehicle dealer, motor vehicle salvage dealer, as defined in 1,266
division (A) of section 4738.01 of the Revised Code, salesperson, 1,267
motor vehicle auction owner, manufacturer, or distributor acting 1,268
in the capacity of a dealer, salesperson, auction owner, 1,269
manufacturer, or distributor, to a person who purchases the motor 1,270
vehicle for use as a consumer. 1,271
(P) "Motor vehicle show" means a display of current models 1,273
32
of motor vehicles whereby the primary purpose is the exhibition 1,274
of competitive makes and models in order to provide the general 1,275
public the opportunity to review and inspect various makes and 1,276
models of motor vehicles at a single location. 1,277
(Q) "Motor vehicle auction owner" means any person who is 1,279
engaged wholly or in part in the business of auctioning motor 1,280
vehicles. 1,281
(R) "Manufacturer" means a person who manufactures, 1,283
assembles, or imports motor vehicles, including motor homes, but 1,284
does not mean a person who only assembles or installs a body, 1,285
special equipment unit, finishing trim, or accessories on a motor 1,286
vehicle chassis supplied by a manufacturer or distributor. 1,287
(S) "Tent-type fold-out camping trailer" means any vehicle 1,289
intended to be used, when stationary, as a temporary shelter with 1,290
living and sleeping facilities, and which is subject to the 1,291
following properties and limitations: 1,292
(1) A minimum of twenty-five per cent of the fold-out 1,294
portion of the top and sidewalls combined must be constructed of 1,295
canvas, vinyl, or other fabric, and form an integral part of the 1,296
shelter. 1,297
(2) When folded, the unit must not exceed: 1,299
(a) Fifteen feet in length, exclusive of bumper and 1,301
tongue; 1,302
(b) Sixty inches in height from the point of contact with 1,304
the ground; 1,305
(c) Eight feet in width; 1,307
(d) One ton gross weight at time of sale. 1,309
(T) "Distributor" means any person authorized by a motor 1,311
vehicle manufacturer to distribute new motor vehicles to licensed 1,312
new motor vehicle dealers, but does not mean a person who only 1,313
assembles or installs a body, special equipment unit, finishing 1,314
trim, or accessories on a motor vehicle chassis supplied by a 1,315
manufacturer or distributor. 1,316
(U) "Flea market" means a market place, other than a 1,318
33
dealer's location licensed under this chapter, where a space or 1,319
location is provided for a fee or compensation to a seller to 1,320
exhibit and offer for sale or trade, motor vehicles to the 1,321
general public. 1,322
(V) "Franchise" means any written agreement, contract, or 1,324
understanding between any motor vehicle manufacturer or 1,325
remanufacturer engaged in commerce and any motor vehicle dealer, 1,326
which purports to fix the legal rights and liabilities of the 1,327
parties to such agreement, contract, or understanding. 1,328
(W) "Franchisee" means a person who receives new motor 1,330
vehicles from the franchisor under a franchise agreement and who 1,331
offers, sells, and provides service for such new motor vehicles 1,332
to the general public. 1,333
(X) "Franchisor" means a new motor vehicle manufacturer, 1,335
remanufacturer, or distributor who supplies new motor vehicles 1,336
under a franchise agreement to a franchisee. 1,337
(Y) "Dealer organization" means a state or local trade 1,339
association the membership of which is comprised predominantly of 1,340
new motor vehicle dealers. 1,341
(Z) "Factory representative" means a representative 1,343
employed by a manufacturer, remanufacturer, or by a factory 1,344
branch primarily for the purpose of promoting the sale of its 1,345
motor vehicles, parts, or accessories to dealers or for 1,346
supervising or contacting its dealers or prospective dealers. 1,347
(AA) "Administrative or executive management" means those 1,349
individuals who are not subject to federal wage and hour laws. 1,350
(BB) "Good faith" means honesty in the conduct or 1,352
transaction concerned and the observance of reasonable commercial 1,353
standards of fair dealing in the trade as is defined in division 1,354
(S) of section 1301.01 of the Revised Code, including, but not 1,355
limited to, the duty to act in a fair and equitable manner so as 1,356
to guarantee freedom from coercion, intimidation, or threats of 1,357
coercion or intimidation; provided however, that recommendation, 1,358
endorsement, exposition, persuasion, urging, or argument shall 1,359
34
not be considered to constitute a lack of good faith. 1,360
(CC) "Coerce" means to compel or attempt to compel by 1,362
failing to act in good faith or by threat of economic harm, 1,363
breach of contract, or other adverse consequences. Coerce does 1,364
not mean to argue, urge, recommend, or persuade. 1,365
(DD) "Relevant market area" means any area within a radius 1,367
of ten miles from the site of a potential new dealership, except 1,368
that for manufactured home or recreational vehicle dealerships 1,369
the radius shall be twenty-five miles. 1,370
(EE) "Wholesale" or "at wholesale" means the act or 1,372
attempted act of selling, bartering, exchanging, or otherwise 1,373
disposing of a motor vehicle to a transferee for the purpose of 1,374
resale and not for ultimate consumption by that transferee. 1,375
(FF) "Motor vehicle wholesaler" means any person licensed 1,377
as a dealer under the laws of another state and engaged in the 1,379
business of selling, displaying, or offering for sale used motor 1,380
vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section. 1,381
(GG)(1) "Remanufacturer" means a person who assembles or 1,383
installs passenger seating, walls, a roof elevation, or a body 1,384
extension on a conversion van with the motor vehicle chassis 1,385
supplied by a manufacturer or distributor, a person who modifies 1,387
a truck chassis supplied by a manufacturer or distributor for use 1,388
as a public safety or public service vehicle, a person who 1,389
modifies a motor vehicle chassis supplied by a manufacturer or 1,390
distributor for use as a limousine or hearse, or a person who 1,391
modifies an incomplete motor vehicle cab and chassis supplied by
a new motor vehicle dealer or distributor for use as a tow truck, 1,392
but does not mean either of the following: 1,393
(a) A person who assembles or installs passenger seating, 1,395
walls, a roof elevation, or a body extension on a manufactured 1,396
home as defined in division (O) and referred to in division (B) 1,397
of section 4501.01 of the Revised Code or a recreational vehicle 1,398
as defined in division (Q) and referred to in division (B) of 1,399
35
section 4501.01 of the Revised Code; 1,400
(b) A person who assembles or installs special equipment 1,402
or accessories for handicapped persons, as defined in section 1,403
4503.44 of the Revised Code, upon a motor vehicle chassis 1,404
supplied by a manufacturer or distributor. 1,405
(2) For the purposes of division (GG)(1) of this section, 1,407
"public safety vehicle or public service vehicle" means a fire 1,408
truck, ambulance, school bus, street sweeper, garbage packing 1,409
truck, or cement mixer, or a mobile self-contained facility 1,410
vehicle.
(3) For the purposes of division (GG)(1) of this section, 1,412
"limousine" means a motor vehicle, designed only for the purpose 1,413
of carrying nine or fewer passengers, that a person modifies by 1,414
cutting the original chassis, lengthening the wheelbase by forty 1,415
inches or more, and reinforcing the chassis in such a way that 1,417
all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be 1,418
deemed to be a remanufacturer who produces limousines unless the 1,419
person has a written agreement with the manufacturer of the 1,420
chassis the person utilizes to produce the limousines to complete 1,421
properly the remanufacture of the chassis into limousines. 1,422
(4) For the purposes of division (GG)(1) of this section, 1,425
"hearse" means a motor vehicle, designed only for the purpose of 1,426
transporting a single casket, that is equipped with a compartment 1,427
designed specifically to carry a single casket that a person 1,428
modifies by cutting the original chassis, lengthening the 1,429
wheelbase by ten inches or more, and reinforcing the chassis in 1,430
such a way that all modifications comply with all applicable 1,431
federal motor vehicle safety standards. No person shall qualify 1,432
as or be deemed to be a remanufacturer who produces hearses 1,433
unless the person has a written agreement with the manufacturer 1,434
of the chassis the person utilizes to produce the hearses to 1,435
complete properly the remanufacture of the chassis into hearses. 1,436
(5) For the purposes of division (GG)(1) of this section, 1,439
36
"mobile self-contained facility vehicle" means a mobile classroom 1,440
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 1,441
testing laboratory, and mobile display vehicle, each of which is 1,442
designed for purposes other than for passenger transportation and 1,444
other than the transportation or displacement of cargo, freight, 1,445
materials, or merchandise. A vehicle is remanufactured into a 1,446
mobile self-contained facility vehicle in part by the addition of 1,447
insulation to the body shell, and installation of all of the 1,448
following: a generator, electrical wiring, plumbing, holding 1,449
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems. 1,450
(6) For the purposes of division (GG)(1) of this section, 1,452
"tow truck" means both of the following: 1,453
(a) An incomplete cab and chassis that are purchased by a 1,455
remanufacturer from a new motor vehicle dealer or distributor of 1,456
the cab and chassis and on which the remanufacturer then installs 1,457
in a permanent manner a wrecker body it purchases from a 1,458
manufacturer or distributor of wrecker bodies, installs an
emergency flashing light pylon and emergency lights upon the mast 1,459
of the wrecker body or rooftop, and installs such other related 1,460
accessories and equipment, including push bumpers, front grille 1,461
guards with pads and other custom-ordered items such as painting, 1,462
special lettering, and safety striping so as to create a complete 1,463
motor vehicle capable of lifting and towing another motor 1,464
vehicle.
(b) An incomplete cab and chassis that are purchased by a 1,466
remanufacturer from a new motor vehicle dealer or distributor of 1,467
the cab and chassis and on which the remanufacturer then installs 1,468
in a permanent manner a car carrier body it purchases from a 1,469
manufacturer or distributor of car carrier bodies, installs an 1,470
emergency flashing light pylon and emergency lights upon the
rooftop, and installs such other related accessories and 1,471
equipment, including push bumpers, front grille guards with pads 1,472
and other custom-ordered items such as painting, special 1,473
37
lettering, and safety striping.
As used in division (G)(6)(b) of this section, "car carrier 1,475
body" means a mechanical or hydraulic apparatus capable of 1,476
lifting and holding a motor vehicle on a flat level surface so 1,477
that one or more vehicles can be transported, once the car 1,478
carrier is permanently installed upon an incomplete cab and 1,479
chassis.
(HH) "Operating as a new motor vehicle dealership" means 1,481
engaging in activities such as displaying, offering for sale, and 1,482
selling new motor vehicles at retail, operating a service 1,483
facility to perform repairs and maintenance on motor vehicles, 1,484
offering for sale and selling motor vehicle parts at retail, and 1,485
conducting all other acts that are usual and customary to the 1,486
operation of a new motor vehicle dealership. For the purposes of 1,487
this chapter only, possession of either a valid new motor vehicle 1,488
dealer franchise agreement or a new motor vehicle dealers 1,489
license, or both of these items, is not evidence that a person is 1,490
operating as a new motor vehicle dealership. 1,491
(II) "Manufactured home broker" means any person acting as 1,493
a selling agent on behalf of an owner of a manufactured home that 1,494
is subject to taxation under section 4503.06 of the Revised Code. 1,495
Sec. 4519.01. As used in Chapter 4519. of the Revised Code 1,505
THIS CHAPTER:
(A) "Snowmobile" means any self-propelled vehicle designed 1,507
primarily for use on snow or ice, and steered by skis, runners, 1,508
or caterpillar treads. 1,509
(B) "All-purpose vehicle" means any self-propelled vehicle 1,511
designed primarily for cross-country travel on land and water, or 1,512
on more than one type of terrain, and steered by wheels or 1,513
caterpillar trends TREADS, or any combination thereof, including 1,514
vehicles that operate on a cushion of air, vehicles commonly 1,515
known as all-terrain vehicles, all-season vehicles, mini-bikes, 1,516
and trail bikes, but excluding any self-propelled vehicle not 1,517
principally used for purposes of personal transportation, any 1,518
38
vehicle principally used in playing golf, any motor vehicle or 1,519
aircraft required to be registered under Chapter 4503. or 4561. 1,520
of the Revised Code, and any vehicle excepted from definition as 1,521
a motor vehicle by division (B) of section 4501.01 of the Revised 1,522
Code. 1,523
(C) "Owner" means any person, firm, or corporation, other 1,525
than a lienholder or dealer, having title to a snowmobile, 1,526
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to 1,528
the possession thereof.
(D) "Operator" means any person who operates or is in 1,530
actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,531
or all-purpose vehicle. 1,533
(E) "Dealer" means any person, firm, or corporation 1,535
engaged in the business of manufacturing or selling snowmobiles, 1,536
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or 1,538
retail, or who rents, leases, or otherwise furnishes snowmobiles, 1,539
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire. 1,541
(F) "Street or highway" has the same meaning as given that 1,543
term in division (BB) of section 4511.01 of the Revised Code. 1,544
(G) "Limited access highway" and "freeway" have the same 1,546
meaning as given those terms in section 5511.02 of the Revised 1,547
Code. 1,548
(H) "Interstate highway" means any part of the interstate 1,550
system of highways as defined in subsection (e), 90 Stat. 431 1,551
(1976), 23 U.S.C.A. 103, and amendments thereof. 1,552
(I) "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS 1,554
DEFINED IN SECTION 4511.01 OF THE REVISED CODE, THAT IS DESIGNED 1,555
TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY. 1,556
Sec. 4519.02. (A) Except as provided in divisions (B), 1,565
(C), and (D) of this section, no person shall operate any 1,566
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within 1,568
this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,569
all-purpose vehicle is registered and numbered in accordance with 1,571
sections 4519.03 and 4519.04 of the Revised Code.
39
(B) No registration is required for a snowmobile, 1,573
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated 1,574
exclusively upon lands owned by the owner of the snowmobile, 1,576
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to 1,578
which the owner has a contractual right.
(C) No registration is required for a snowmobile, 1,580
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in 1,581
this state by a resident of another state whenever that state has 1,583
in effect a registration law similar to Chapter 4519. of the 1,584
Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY 1,586
MOTORCYCLE, or all-purpose vehicle is properly registered 1,587
thereunder. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all 1,589
purpose vehicle owned and used in this state by a resident of 1,590
another state not having such a registration requirement shall 1,591
comply with section 4519.09 of the Revised Code. 1,592
(D) No registration is required for a snowmobile, 1,594
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in 1,595
this state by the United States, another state, or a political 1,597
subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,598
or all-purpose vehicle shall display the name of the owner 1,601
thereon.
(E) The owner or operator of any all-purpose vehicle 1,603
operated or used upon the waters in this state shall also comply 1,604
with Chapters 1547. and 1548. of the Revised Code relative to the 1,605
operation of watercraft. 1,606
Sec. 4519.03. (A) The owner of every snowmobile, 1,615
OFF-HIGHWAY MOTORCYCLE, and all-purpose vehicle required to be 1,618
registered under section 4519.02 of the Revised Code shall file 1,620
an application for registration with the registrar of motor 1,621
vehicles or a deputy registrar, on blanks furnished by the 1,622
registrar for that purpose and containing ALL OF the following 1,623
information:
(A)(1) A brief description of the snowmobile, OFF-HIGHWAY 1,626
MOTORCYCLE, or all-purpose vehicle, including the name of the 1,629
40
manufacturer and, the factory or model number, AND THE VEHICLE 1,631
IDENTIFICATION NUMBER;
(B)(2) The name, residence, and business address of the 1,633
owner; 1,634
(C)(3) A statement that the snowmobile, OFF-HIGHWAY 1,636
MOTORCYCLE, or all-purpose vehicle is equipped as required by 1,639
section 4519.20 of the Revised Code, and any rule adopted 1,640
thereunder. The statement shall include a check list of the 1,641
required equipment items in such form as the registrar shall 1,642
prescribe.
The application shall be signed by the owner of the 1,644
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and 1,647
shall be accompanied by a fee as provided in division (D)(C) of 1,649
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle 1,651
for which registration is sought does not appear to be equipped 1,652
as required by section 4519.20 of the Revised Code, and OR any 1,653
rule adopted thereunder, the registration shall be refused AND NO 1,654
REGISTRATION STICKER SHALL BE ISSUED. 1,655
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, NO 1,657
CERTIFICATE OF REGISTRATION OR RENEWAL OF SUCH A CERTIFICATE 1,658
SHALL BE ISSUED FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,659
VEHICLE REQUIRED TO BE REGISTERED UNDER SECTION 4519.02 OF THE 1,661
REVISED CODE, AND NO CERTIFICATE OF REGISTRATION ISSUED UNDER 1,662
THIS CHAPTER FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 1,663
THAT IS SOLD OR OTHERWISE TRANSFERRED SHALL BE TRANSFERRED TO THE 1,664
NEW OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS 1,665
PERMITTED BY DIVISION (B) OF SECTION 4519.05 OF THE REVISED CODE, 1,668
UNLESS A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER THIS CHAPTER 1,669
FOR THE MOTORCYCLE OR VEHICLE, AND THE OWNER OR NEW OWNER, AS THE 1,670
CASE MAY BE, PRESENTS THE CERTIFICATE OF TITLE OR A MEMORANDUM 1,671
CERTIFICATE OF TITLE FOR INSPECTION AT THE TIME THE OWNER OR NEW 1,672
OWNER FIRST SUBMITS A REGISTRATION APPLICATION, REGISTRATION 1,673
RENEWAL APPLICATION, OR REGISTRATION TRANSFER APPLICATION FOR THE 1,674
41
MOTORCYCLE OR VEHICLE ON OR AFTER THE EFFECTIVE DATE OF THIS 1,675
AMENDMENT.
(C) WHEN THE OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR 1,678
ALL-PURPOSE VEHICLE FIRST REGISTERS IT IN THE OWNER'S NAME, AND A 1,679
CERTIFICATE OF TITLE HAS BEEN ISSUED FOR THE MOTORCYCLE OR 1,680
VEHICLE, THE OWNER SHALL PRESENT FOR INSPECTION A CERTIFICATE OF 1,681
TITLE OR MEMORANDUM CERTIFICATE OF TITLE SHOWING TITLE TO THE 1,682
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE 1,683
OWNER. IF, WHEN THE OWNER OF SUCH A MOTORCYCLE OR VEHICLE FIRST 1,684
MAKES APPLICATION TO REGISTER IT IN THE OWNER'S NAME, THE 1,685
APPLICATION IS NOT IN PROPER FORM OR IF THE CERTIFICATE OF TITLE 1,686
OR MEMORANDUM CERTIFICATE OF TITLE DOES NOT ACCOMPANY THE 1,687
REGISTRATION, THE REGISTRATION SHALL BE REFUSED AND NEITHER A 1,688
CERTIFICATE OF REGISTRATION NOR A REGISTRATION STICKER SHALL BE 1,689
ISSUED. WHEN A CERTIFICATE OF REGISTRATION AND REGISTRATION 1,690
STICKER ARE ISSUED UPON THE FIRST REGISTRATION OF AN OFF-HIGHWAY 1,691
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OR ON BEHALF OF THE OWNER, 1,692
THE OFFICIAL ISSUING THEM SHALL INDICATE THE ISSUANCE WITH A 1,693
STAMP ON THE CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF 1,694
TITLE.
(D) Each deputy registrar shall be allowed a fee of two 1,696
dollars and twenty-five cents for each application or renewal 1,697
application received by him THE DEPUTY REGISTRAR, which shall be 1,698
for the purpose of compensating the deputy registrar for his 1,700
services, and such office and rental expense, as may be necessary 1,701
for the proper discharge of his THE DEPUTY REGISTRAR'S duties in 1,704
the receiving of applications and the issuing of certificates of 1,705
registration.
Each deputy registrar shall, upon receipt of any 1,707
application for registration, together with the registration fee, 1,708
SHALL transmit the fee, together with the original and duplicate 1,709
copy of the application, to the registrar in such manner and at 1,710
such times as the registrar, subject to the approval of the 1,711
director of public safety and the treasurer of state, shall 1,712
42
prescribe by rule. 1,713
Sec. 4519.031. The registrar of motor vehicles shall 1,722
transmit to the tax commissioner the names, addresses, and any 1,723
other information requested by the commissioner, of all persons 1,724
who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 1,726
vehicle under section 4519.03 of the Revised Code. Such 1,727
information shall be transmitted in such A form as agreed to by 1,728
the registrar and the commissioner. 1,729
Sec. 4519.04. (A) Upon the filing of an application for 1,738
registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,739
all-purpose vehicle and the payment of the tax therefor, the 1,741
registrar of motor vehicles or a deputy registrar shall assign to 1,742
the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a 1,744
distinctive number and issue and deliver to the owner in such
manner as the registrar may select, a certificate of 1,745
registration, in such form as the registrar shall prescribe. Any 1,746
number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,748
all-purpose vehicle shall be a permanent number, and shall not be 1,749
issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,750
all-purpose vehicle, except as provided in section 4519.05 of the 1,752
Revised Code.
IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE 1,754
REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF 1,755
THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A 1,756
REGISTRATION STICKER. THE REGISTRAR SHALL PRESCRIBE THE COLOR 1,757
AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS 1,758
DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE, 1,759
OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE. 1,760
(B) Upon receipt of a certificate of registration for a 1,762
snowmobile or all-purpose vehicle other than a mini-bike or trail 1,763
bike, the owner shall paint on the vehicle or otherwise attach in 1,765
such manner as the registrar shall prescribe, UPON EACH SIDE OF 1,767
THE FORWARD COWLING OF THE SNOWMOBILE the identifying 1,769
registration number, in block characters of not less than two 1,771
43
inches in height and of such color as to be distinctly visible 1,772
and legible, as follows: 1,773
(1) In the case of a snowmobile, the number shall be 1,775
displayed upon each side of the forward cowling. 1,776
(2) In the case of an all-purpose vehicle, the number 1,778
shall be displayed upon the front and rear of the vehicle. 1,779
(C) the certificate of registration for a mini-bike or 1,782
trail bike shall be evidenced and displayed on the vehicle in 1,783
such manner as the registrar shall prescribe. 1,784
(D)(C) Unless previously canceled, each certificate of 1,786
registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,788
all-purpose vehicle shall expire EXPIRES upon the thirty-first 1,789
day of December in the third year after the date it is issued. 1,791
Application for renewal of a certificate may be made not earlier 1,792
than ninety days preceding the expiration date, and shall be 1,793
accompanied by a fee of five dollars. The renewal of a 1,794
certificate of registration for a snowmobile or all-purpose 1,795
vehicle shall be evidenced by a decal or similar device 1,796
identifying the registration period for which it is issued, and 1,797
shall be displayed upon the vehicle in such manner as the 1,798
registrar shall prescribe.
Sec. 4519.05. (A) Whenever a registered snowmobile, 1,807
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or 1,808
similarly disposed of, the owner shall surrender the certificate 1,810
of registration and any license plate issued for a mini-bike or 1,811
trail bike, to the registrar of motor vehicles or a deputy 1,812
registrar within fifteen days following the destruction or 1,813
disposal. The registrar shall thereupon SHALL cancel the 1,814
certificate and enter such THAT fact in his THE REGISTRAR'S 1,816
records, and the vacated registration number may be assigned to 1,818
another snowmobile or all purpose vehicle.
IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,820
VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED, THE 1,821
OWNER ALSO SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK 1,822
44
OF THE COURT OF COMMON PLEAS WHO ISSUED IT AND THE CLERK, WITH 1,824
THE CONSENT OF ANY LIENHOLDERS NOTED THEREON, SHALL ENTER A 1,825
CANCELLATION UPON THE CLERK'S RECORDS AND SHALL NOTIFY THE 1,826
REGISTRAR OF THE CANCELLATION. UPON THE CANCELLATION OF A 1,827
CERTIFICATE OF TITLE IN THE MANNER PRESCRIBED BY THIS DIVISION, 1,828
THE CLERK AND THE REGISTRAR MAY CANCEL AND DESTROY ALL 1,829
CERTIFICATES OF TITLE AND MEMORANDUM CERTIFICATES OF TITLE IN 1,830
THAT CHAIN OF TITLE.
(B) Whenever SUBJECT TO DIVISION (B) OF SECTION 4519.03 OF 1,833
THE REVISED CODE, WHENEVER the ownership of a registered 1,834
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is 1,836
transferred by sale or otherwise, the new owner shall, within 1,837
fifteen days following the transfer, SHALL make application to 1,839
the registrar or a deputy registrar for the transfer of the 1,840
certificate of registration. Upon receipt of the application and 1,841
a fee of one dollar, the registrar shall transfer the certificate 1,842
to the new owner and shall enter the new owner's name and address 1,843
in his THE REGISTRAR'S records. Whenever the ownership of a 1,845
registered mini-bike or trail bike is transferred under this
section, the new owner shall retain the license plate originally 1,846
issued for the vehicle. 1,847
(C) Whenever the owner of a registered snowmobile, 1,849
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle changes his 1,850
address, he THE OWNER shall surrender the certificate of 1,852
registration to the registrar or a deputy registrar within 1,853
fifteen days following the address change. Upon receipt of the 1,854
certificate, the registrar shall enter the new address thereon 1,855
and shall make the appropriate change in his THE REGISTRAR'S 1,856
records. In any A case where the owner's change of address 1,857
involves a move outside of the state, the owner shall also 1,858
surrender any license plate issued for the vehicle, and the 1,859
registrar shall cancel the certificate of registration and may 1,860
thereafter assign the vacated registration number to another FOR 1,861
THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. 1,864
45
(D) Whenever a certificate of registration for a 1,866
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a 1,868
license plate for a mini-bike or trail bike, has been IS lost, 1,869
mutilated, or destroyed, the owner may obtain a duplicate 1,870
certificate, which shall be identified as such, or a new plate, 1,871
upon application and the payment of a fee of one dollar. 1,872
Sec. 4519.06. Any person who is a dealer in snowmobiles, 1,881
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make 1,883
application for registration, for each place in this state at 1,885
which the business of selling, manufacturing, leasing, or renting
snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is 1,888
carried on. The application shall show the make of snowmobile, 1,890
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured, 1,891
sold, leased, or rented at such place, and shall be accompanied 1,893
by a fee of twenty-five dollars. Upon the filing of the 1,894
application and the payment of the fee therefor, the registrar of 1,896
motor vehicles shall assign to the applicant a distinctive 1,897
number, prefixed by the letters DS in the case of a snowmobile 1,899
and by the letters DAPV in the case of an all purpose vehicle, 1,902
and, where applicable, shall issue a license plate as provided in
section 4519.04 of the Revised Code. The number or license plate 1,903
shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,905
or all-purpose vehicle in the places set forth PRESCRIBED in 1,908
divisions (B) and (C) of section 4519.04 of the Revised Code 1,909
whenever the vehicle is being used prior to sale or transfer. 1,910
The registrar shall adopt rules and regulations specifying the 1,912
manner in which the number may be temporarily affixed to the 1,913
vehicle additional license plates bearing the dealer's number may 1,915
be issued upon application and the payment of a fee of one dollar 1,916
for each plate.
Upon the termination of any dealership registered under 1,918
this section, the dealer, within fifteen days following such 1,919
termination, shall notify the registrar, who shall enter that 1,920
fact in his THE REGISTRAR'S records and may thereafter assign the 1,922
46
vacated registration number to some other dealer. The dealer
shall also surrender to the registrar any license plates issued 1,923
under this section.
Notwithstanding section 4517.01 of the Revised Code, a 1,925
dealer licensed to sell motor vehicles may also MAY be registered 1,926
as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or 1,928
all-purpose vehicles under this section, and may display, sell, 1,929
or rent such vehicles at his THE DEALER'S established place of 1,932
business.
Sec. 4519.08. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or 1,941
all-purpose vehicle owned or leased by the state, by any of its 1,943
political subdivisions, or by any volunteer organization that 1,944
uses such vehicles exclusively for emergency purposes shall be
registered free of charge in the same manner as provided by 1,945
section 4519.03 of the Revised Code for the registration of 1,946
privately owned vehicles. The registration number or license 1,947
plate AND REGISTRATION STICKER assigned TO each such snowmobile, 1,948
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed 1,952
as required by divisions (B) and (C) of section 4519.04 of the 1,953
Revised Code. 1,954
Sec. 4519.09. Every owner or operator of a snowmobile, 1,963
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident 1,966
of a state not having a registration law similar to Chapter 4519. 1,967
of the Revised Code THIS CHAPTER, and who expects to use the 1,968
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in 1,970
Ohio, shall apply to the registrar of motor vehicles or a deputy 1,971
registrar for a temporary operating permit. The temporary 1,972
operating permit shall be issued for a period not to exceed 1,973
fifteen days from the date of issuance, shall be in such form as 1,974
the registrar determines, shall include the name and address of 1,975
the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE, 1,977
or all-purpose vehicle, and such ANY other information as the 1,979
registrar considers necessary, and shall be issued upon payment 1,981
of a fee of five dollars. Every owner or operator receiving a 1,982
47
temporary operating permit shall display the same IT upon the 1,983
reasonable request of any law enforcement officer or other person 1,984
as authorized by sections 4519.42 and 4519.43 of the Revised 1,985
Code.
Sec. 4519.10. (A) THE PURCHASER OF AN OFF-HIGHWAY 1,987
MOTORCYCLE OR ALL-PURPOSE VEHICLE, UPON APPLICATION AND PROOF OF 1,988
PURCHASE, MAY OBTAIN A TEMPORARY LICENSE PLACARD FOR IT. THE 1,989
APPLICATION FOR SUCH A PLACARD SHALL BE SIGNED BY THE PURCHASER 1,990
OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. THE 1,991
TEMPORARY LICENSE PLACARD SHALL BE ISSUED ONLY FOR THE
APPLICANT'S USE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 1,992
VEHICLE TO ENABLE THE APPLICANT TO OPERATE IT LEGALLY WHILE 1,993
PROPER TITLE AND A REGISTRATION STICKER ARE BEING OBTAINED AND 1,994
SHALL BE DISPLAYED ON NO OTHER OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE. A TEMPORARY LICENSE PLACARD ISSUED UNDER 1,995
THIS SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR OF 1,996
MOTOR VEHICLES, SHALL DIFFER IN SOME DISTINCTIVE MANNER FROM A 1,997
PLACARD ISSUED UNDER SECTION 4503.182 OF THE REVISED CODE, SHALL 1,998
BE VALID FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF ISSUANCE,
AND SHALL NOT BE TRANSFERABLE OR RENEWABLE. THE PLACARD EITHER 1,999
SHALL CONSIST OF OR BE COATED WITH SUCH MATERIAL AS WILL ENABLE 2,000
IT TO REMAIN LEGIBLE AND RELATIVELY INTACT DESPITE THE 2,001
ENVIRONMENTAL CONDITIONS TO WHICH THE PLACARD IS LIKELY TO BE 2,002
EXPOSED DURING THE THIRTY-DAY PERIOD FOR WHICH IT IS VALID. THE
PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 2,003
SHALL ATTACH THE TEMPORARY LICENSE PLACARD TO IT, IN A MANNER 2,004
PRESCRIBED BY RULES THE REGISTRAR SHALL ADOPT, SO THAT THE 2,005
PLACARD NUMERALS OR LETTERS ARE CLEARLY VISIBLE.
THE FEE FOR A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS 2,007
SECTION SHALL BE TWO DOLLARS. IF THE PLACARD IS ISSUED BY A 2,008
DEPUTY REGISTRAR, THE DEPUTY REGISTRAR SHALL CHARGE AN ADDITIONAL 2,009
FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS, WHICH THE DEPUTY 2,010
REGISTRAR SHALL RETAIN. THE DEPUTY REGISTRAR SHALL TRANSMIT EACH 2,011
TWO-DOLLAR FEE RECEIVED BY THE DEPUTY REGISTRAR UNDER THIS
48
SECTION TO THE REGISTRAR, WHO SHALL PAY THE TWO DOLLARS TO THE 2,012
TREASURER OF STATE FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR 2,013
VEHICLES FUND ESTABLISHED BY SECTION 4501.25 OF THE REVISED CODE. 2,014
(B) THE REGISTRAR MAY ISSUE TEMPORARY LICENSE PLACARDS TO 2,016
A DEALER TO BE ISSUED TO PURCHASERS FOR USE ON VEHICLES SOLD BY 2,017
THE DEALER, IN ACCORDANCE WITH RULES PRESCRIBED BY THE REGISTRAR. 2,018
THE DEALER SHALL NOTIFY THE REGISTRAR WITHIN FORTY-EIGHT HOURS OF 2,019
PROOF OF ISSUANCE ON A FORM PRESCRIBED BY THE REGISTRAR. 2,020
THE FEE FOR EACH SUCH PLACARD ISSUED BY THE REGISTRAR TO A 2,022
DEALER SHALL BE TWO DOLLARS PLUS A FEE OF TWO DOLLARS AND 2,023
TWENTY-FIVE CENTS.
Sec. 4519.11. One dollar and twenty-five cents of each fee 2,032
collected under sections 4519.04 and 4519.09 of the Revised Code 2,033
shall be paid into the state bureau of motor vehicles fund 2,034
created by section 4501.25 of the Revised Code. All other fees, 2,035
and all taxes and fines levied, charged, or referred to in 2,036
Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE 2,037
DESIGNATED BY LAW, shall be deposited into the state treasury to 2,038
the credit of the state recreational vehicle fund, which is 2,039
hereby created. The state recreational vehicle fund shall be 2,040
used for the purpose of enforcing and administering the law 2,041
relative to the registration and operation of snowmobiles, 2,043
OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the 2,045
state, for the purpose of expanding the activities of the 2,046
department of natural resources to provide trails and other areas 2,047
for the operation of such vehicles on state-controlled land and 2,048
waters, for the purchase of additional land to be used for such 2,051
purposes, and for the development and implementation by the 2,053
department of programs relating to the safe use and enjoyment of 2,055
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles. 2,057
All investment earnings of the state recreational vehicle 2,059
fund shall be credited to the fund. 2,060
Notwithstanding section 1501.01 of the Revised Code, 2,062
nothing in this section authorizes the appropriation of property 2,063
49
to provide trails and other areas for the operation of 2,064
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles. 2,066
Sec. 4519.20. By not later than July 1, 1972, the (A) THE 2,076
director of public safety, pursuant to Chapter 119. of the 2,077
Revised Code, shall adopt and promulgate rules and regulations 2,078
for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,079
all-purpose vehicles. The rules and regulations may be revised 2,081
from time to time as the director considers necessary, and shall 2,082
include, but not necessarily be limited to, requirements for the 2,083
following items of equipment:
(A)(1) At least one headlight having a minimum candlepower 2,085
of sufficient intensity to reveal persons and objects at a 2,086
distance of at least one hundred feet ahead under normal 2,087
atmospheric conditions during hours of darkness; 2,088
(B)(2) At least one red tail light having a minimum 2,090
candlepower of sufficient intensity to be plainly visible from a 2,091
distance of five hundred feet to the rear under normal 2,092
atmospheric conditions during hours of darkness; 2,093
(C)(3) Adequate brakes. Every snowmobile shall, while 2,095
traveling on packed snow, SHALL be capable of carrying a driver 2,096
who weighs one hundred and seventy-five pounds or more, and, 2,097
while carrying such driver, be capable of stopping in not more 2,098
than forty feet from an initial steady speed of twenty miles per 2,099
hour, or locking its traction belt. 2,100
(D)(4) A muffler system capable of precluding the emission 2,102
of excessive smoke or exhaust fumes, and of limiting the engine 2,103
noise of vehicles. On snowmobiles manufactured after January 1, 2,104
1973, such requirement shall include sound dampening equipment 2,105
such that noise does not exceed eighty-two decibels on the "A" 2,106
scale at fifty feet as measured according to SAE J192 (September 2,107
1970);. 2,108
(B) No person shall operate any snowmobile, OFF-HIGHWAY 2,110
MOTORCYCLE, or all-purpose vehicle in violation of division (A), 2,112
(B)(1), (C)(2), (3), or (D)(4) of this section, except that 2,115
50
equipment specified in divisions (A)(1) and (B)(2) of this 2,117
section shall not be required on snowmobiles, OFF-HIGHWAY
MOTORCYCLES, or all-purpose vehicles operated during the daylight 2,119
hours on state controlled land under the jurisdiction of the 2,120
department of natural resources and that are limited to 2,121
off-highway use.
Sec. 4519.21. The director of public safety may authorize 2,130
sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,132
all-purpose vehicles to determine their degree of conformity to 2,133
rules and regulations adopted under section 4519.20 of the 2,134
Revised Code. In prescribing tests for muffler equipment, the 2,135
director may require sound pressure levels in decibels to be 2,136
measured on the "A" scale of a sound level meter having 2,137
characteristics defined by the American standards association 2,138
standard S1.4-1961 "General Purpose Sound Meter," and may also 2,139
MAY require the use of applicable measurement practices outlined 2,140
in the procedures for sound level measurement of snowmobiles 2,141
endorsed by the international snowmobile industry association, 2,142
January 1969, or such other sources of standards for the 2,143
measurement of sound levels as the director may consider 2,144
advisable.
Upon finding that any make or model of vehicle authorized 2,146
to be tested under this section does not meet an applicable 2,147
standard adopted by the director, the person conducting such THE 2,148
test shall report that fact to the director, who shall 2,149
immediately SHALL notify the manufacturer of the vehicle and the 2,150
registrar of motor vehicles. Upon receipt of a notification, the 2,151
registrar shall refuse to issue a certificate of registration to 2,152
an owner or dealer with respect to any vehicle of the same make 2,153
or model as that named in the notification until the vehicle has 2,154
been modified in such manner as the director shall prescribe, and 2,155
meets the applicable standard. 2,156
Sec. 4519.22. No person shall have for sale, sell, offer 2,165
for sale, lease, rent, or otherwise furnish for hire in this 2,166
51
state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,168
vehicle which THAT fails to comply with any rule or regulation 2,169
adopted by the director of public safety under section 4519.20 of 2,170
the Revised Code, after the effective date of such THE rule or 2,171
regulation.
Sec. 4519.40. The applicable provisions of Chapters 4511. 2,180
and 4549. of the Revised Code shall be applied to the operation 2,181
of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose 2,183
vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,184
all-purpose vehicle shall be operated as follows: 2,185
(A) On any limited access highway or freeway or the 2,187
right-of-way thereof, except for emergency travel only during 2,188
such time and in such manner as the director of public safety 2,189
shall designate; 2,190
(B) On any private property, or in any nursery or planting 2,192
area, without the permission of the owner or other person having 2,193
the right to possession of the property; 2,194
(C) On any land or waters controlled by the state, except 2,196
at those locations where a sign has been posted permitting such 2,197
operation; 2,198
(D) On the tracks or right-of-way of any operating 2,200
railroad; 2,201
(E) While transporting any firearm, bow, or other 2,203
implement for hunting, that is not unloaded and securely encased; 2,204
(F) For the purpose of chasing, pursuing, capturing, or 2,206
killing any animal or wildfowl; 2,207
(G) During the time from one-half hour after sunset to 2,209
one-half hour before sunrise, unless displaying lighted lights as 2,210
required by section 4519.20 of the Revised Code. 2,211
Sec. 4519.41. Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,221
all-purpose vehicles being used for winter travel may be operated 2,222
as follows:
(A) To make a crossing of a highway, other than a highway 2,224
as designated in division (A) of section 4519.40 of the Revised 2,225
52
Code, whenever the crossing can be made in safety and will not 2,226
interfere with the movement of vehicular traffic approaching from 2,227
any direction on the highway, and provided that the operator 2,228
yields the right-of-way to any approaching traffic that presents 2,229
an immediate hazard; 2,230
(B) On highways in the county or township road systems 2,232
whenever the local authority having jurisdiction over such 2,233
highways so permits; 2,234
(C) Off and alongside a street or highway for limited 2,236
distances from the point of unloading from a conveyance to the 2,237
point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,239
all-purpose vehicle is intended and authorized to be operated;
(D) On the berm or shoulder of a highway, other than a 2,241
highway as designated in division (A) of section 4519.40 of the 2,242
Revised Code, when the terrain permits such operation to be 2,243
undertaken safely and without the necessity of entering any 2,244
traffic lane; 2,245
(E) ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD, 2,248
WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE, 2,249
OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH 2,250
AREA.
Sec. 4519.42. The director of natural resources shall 2,259
adopt and promulgate rules and regulations for the operation of 2,260
snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on 2,263
land or waters controlled by the state. The director shall also 2,264
SHALL undertake a program relating to the development of trails 2,265
and special areas for the use of snowmobiles, OFF-HIGHWAY 2,266
MOTORCYCLES, and all-purpose vehicles, and may require any 2,267
permits for such use as he THE DIRECTOR considers necessary. 2,268
The director may designate employees of the department OF 2,270
NATURAL RESOURCES to enforce any rules and regulations adopted 2,272
under this section. An employee so designated shall have full 2,274
authority to enforce any provisions PROVISION of Chapter 4519. of 2,275
the Revised Code THIS CHAPTER with respect to the proper TITLING, 2,278
53
registration, equipping, and operation of snowmobiles, 2,279
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or 2,281
waters controlled by the state.
Sec. 4519.43. A board of park commissioners of any park 2,290
district created under Chapter 1545. of the Revised Code may 2,291
provide by rule or regulation for the operation of snowmobiles, 2,293
OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks, 2,294
parkways, and other reservations of land under its jurisdiction, 2,295
and shall file a copy of any such rules or regulations with the 2,296
director of natural resources.
Any employee of a board of park commissioners designated 2,298
pursuant to section 1545.13 of the Revised Code shall have full 2,299
authority to enforce any of the provisions of Chapter 4519. of 2,300
the Revised Code THIS CHAPTER with respect to the proper TITLING, 2,302
registration, equipping, and operation of snowmobiles, 2,303
OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands 2,304
under the jurisdiction and control of the board. 2,306
Sec. 4519.44. (A) No person who does not hold a valid, 2,315
current motor vehicle driver's or commercial driver's license, 2,316
motorcycle operator's endorsement, or probationary license, 2,317
issued under Chapter 4506. or 4507. of the Revised Code, shall 2,318
operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,320
vehicle on any street or highway in this state, on any portion of 2,321
the right-of-way thereof, or on any public land or waters. 2,322
(B) No person who is less than sixteen years of age shall 2,325
operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,326
vehicle on any land or waters other than private property or 2,327
waters owned by or leased to such THE person's parent or 2,328
guardian, unless accompanied by another person who is eighteen 2,329
years of age, or older, and who holds a license as provided in 2,330
division (A) of this section, except that the department of 2,331
natural resources may permit such operation on state controlled 2,332
land under its jurisdiction when such person is less than sixteen 2,333
years of age, but is twelve years of age or older and is 2,334
54
accompanied by a parent or guardian who is a licensed driver 2,335
eighteen years of age or older.
Sec. 4519.45. Any dealer who rents, leases, or otherwise 2,344
furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,345
vehicle for hire shall maintain the vehicle in safe operating 2,347
condition. No dealer, or his agent or employee OF A DEALER, 2,348
shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY 2,349
MOTORCYCLE, or all-purpose vehicle for hire to any person who 2,351
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, 2,352
his OR AN agent, or employee OF THE DEALER has reasonable cause 2,354
to believe is incompetent to operate the vehicle in a safe and 2,355
lawful manner.
Sec. 4519.46. The operator of a snowmobile, OFF-HIGHWAY 2,364
MOTORCYCLE, or all-purpose vehicle involved in any accident 2,366
resulting in bodily injury to or death of any person, or damage 2,367
to the property of any person in excess of one hundred dollars, 2,368
shall report the accident within forty-eight hours to the state 2,369
highway patrol, the sheriff of the county within which the 2,370
accident occurred, or the chief of police, if the accident 2,371
occurred within a municipal corporation, and shall, within thirty 2,372
days, SHALL forward a written report of the accident to the 2,374
registrar of motor vehicles on a form prescribed by the 2,375
registrar. If the operator is physically incapable of making the 2,376
reports and there is another participant in the accident not so 2,377
incapacitated, such THE participant shall make the reports. In 2,379
the event that there is no other participant, and the operator is 2,380
other than the owner, the owner shall, within the prescribed 2,381
periods of time, SHALL make the reports.
Any law enforcement officer, or other person authorized by 2,383
sections 4519.42 and 4519.43 of the Revised Code, who 2,384
investigates or receives information of an accident involving a 2,385
snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall 2,387
forward to the registrar a written report of the accident within 2,388
55
forty-eight hours.
The registrar shall maintain a file of all reports received 2,390
by him THE REGISTRAR of accidents involving a snowmobile, 2,391
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. The reports 2,393
shall be for the confidential use of the director of public 2,394
safety and the director of natural resources in the development 2,395
of equipment and operating regulations, and of programs relating 2,396
to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and 2,397
all-purpose vehicles, except that the registrar shall furnish a 2,398
copy of such report to any person claiming to have been injured 2,399
or damaged in such accident, or his THE PERSON'S attorney, upon 2,400
the payment of a fee of one dollar. 2,402
Sec. 4519.47. Whenever a person is found guilty of 2,411
operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose 2,413
vehicle in violation of any rule or regulation authorized to be 2,414
promulgated ADOPTED under section 4519.21 or 4519.42 of the 2,415
Revised Code, the trial judge of any court of record may, in 2,416
addition to or independent of any other penalties provided by 2,418
law, MAY impound for not less than sixty days the certificate of 2,419
registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or 2,421
all-purpose vehicle. The court shall send the impounded 2,422
certificate of registration to the registrar of motor vehicles, 2,424
who shall retain the certificate until the expiration of the
period of impoundment. 2,425
Sec. 4519.48. Nothing contained in Chapter 4519. of the 2,434
Revised Code THIS CHAPTER shall prevent local authorities from 2,436
regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, 2,437
and all-purpose vehicles on streets and highways and other public 2,438
property under their jurisdiction, and within the reasonable 2,439
exercise of the police power, except that no local authority 2,440
shall require the registration or licensing of any snowmobile, 2,441
OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be 2,442
registered OR TITLED under such THIS chapter. 2,443
Sec. 4519.51. THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT 2,445
56
SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM 2,446
AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE 2,447
REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL 2,449
CONFORM THERETO. THE REGISTRAR SHALL RECEIVE AND FILE IN THE
REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY 2,450
THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN 2,451
THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE. 2,452
THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL 2,454
CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE 2,455
CLERKS. IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN 2,456
ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE. 2,457
UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR 2,458
SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER 2,459
THE CANCELLATION IN THE CLERK'S RECORDS. THE REGISTRAR ALSO 2,460
SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS
ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE 2,461
CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF 2,463
TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY 2,464
LIEN NOTED THEREON. THE HOLDER OF THE CERTIFICATE OF TITLE SHALL 2,466
RETURN IT IMMEDIATELY TO THE REGISTRAR. THE CLERKS SHALL KEEP ON
HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE 2,467
CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE 2,468
FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED 2,469
MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE 2,471
COUNTY.
Sec. 4519.52. (A) EXCEPT AS PROVIDED IN SECTION 4519.54 2,474
OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS 2,477
SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED 2,478
OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR 2,479
OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR 2,480
ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO 2,481
THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS 2,482
CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM 2,484
CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.
57
(B)(1) A PERSON WHO IS NOT A DEALER ENGAGED IN THE 2,487
BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR 2,488
ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF 2,489
THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,490
VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE 2,491
MOTORCYCLE OR VEHICLE. THE PERSON SHALL COMPLY WITH THIS CHAPTER 2,492
IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE. 2,493
(2) IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE 2,495
BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR 2,496
ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR 2,497
ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE 2,498
MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE 2,499
TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE 2,500
PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH 2,501
ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER 2,503
OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR 2,504
OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A 2,505
CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S 2,506
OWN NAME.
Sec. 4519.53. NO PERSON WHO ACQUIRES AN OFF-HIGHWAY 2,508
MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE 2,509
OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT, 2,510
TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR 2,511
ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A 2,512
CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,513
VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE 2,514
FOR IT. NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON 2,515
AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE, 2,516
OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY 2,517
MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION. 2,518
NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE 2,520
THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY 2,521
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED 2,522
OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE 2,523
58
FOLLOWING:
(A) A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR 2,526
IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER; 2,527
(B) ADMISSION IN THE PLEADINGS OR STIPULATION OF THE 2,530
PARTIES.
Sec. 4519.54. NO MANUFACTURER, IMPORTER, DEALER, OR OTHER 2,532
PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY 2,533
MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE 2,535
DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO 2,536
THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN 2,537
ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON 2,539
AS ARE NECESSARY TO SHOW TITLE IN THE PURCHASER. NO DEALER SHALL
PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,540
VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR 2,541
IMPORTER'S CERTIFICATE. 2,542
A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF 2,544
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN 2,545
THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH 2,546
FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY 2,547
REQUIRE:
(A) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR 2,550
ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL, 2,551
IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION
NUMBER; 2,552
(B) CERTIFICATION OF THE DATE OF TRANSFER OF THE 2,555
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR 2,556
DEALER OR OTHER TRANSFEREE, AND THE NAME AND ADDRESS OF THE
TRANSFEREE; 2,557
(C) CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE 2,560
NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY 2,561
TRADE AND COMMERCE;
(D) THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE 2,564
TRANSFEROR.
AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE 2,566
59
BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER 2,567
OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S 2,568
OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE 2,569
REGISTRAR. THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND 2,570
ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY 2,571
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 2,573
ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE 2,574
ASSIGNMENT.
Sec. 4519.55. APPLICATION FOR A CERTIFICATE OF TITLE FOR 2,576
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE 2,577
UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND 2,578
SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER 2,579
EMPOWERED TO ADMINISTER OATHS. THE APPLICATION SHALL BE FILED 2,580
WITH THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN
WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF 2,581
THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE 2,582
TRANSACTION IS CONSUMMATED. THE APPLICATION SHALL BE ACCOMPANIED 2,583
BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND, 2,584
IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE 2,586
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION 2,587
ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY 2,588
ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER. IF A
CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE 2,589
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION, 2,591
UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED 2,593
BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN 2,594
STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF 2,596
SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER 2,597
STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,598
VEHICLE WAS BROUGHT INTO THIS STATE. THE REGISTRAR, IN 2,599
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE 2,600
THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH 2,602
PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM 2,603
60
THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS 2,604
OF OTHER PERSONS. FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE 2,605
OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY 2,606
DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN 2,607
NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY 2,608
CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM 2,609
AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.
IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR 2,611
ALL-PURPOSE VEHICLE BY A DEALER TO A GENERAL PURCHASER OR USER, 2,612
THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE 2,614
PURCHASER BY THE DEALER UPON APPLICATION SIGNED BY THE PURCHASER. 2,615
IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE 2,616
PURCHASER. IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE 2,617
OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE 2,619
SHALL BE FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE OF
PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE 2,621
OR ALL-PURPOSE VEHICLE. IF THE APPLICATION FOR CERTIFICATE OF 2,622
TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE 2,623
OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY 2,624
MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE 2,625
FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY 2,627
SECTION 4519.59 OF THE REVISED CODE. THE CLERK SHALL RETAIN THE 2,628
ENTIRE AMOUNT OF EACH LATE FILING FEE. 2,629
EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR 2,631
ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS 2,632
SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR 2,633
CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE 2,634
APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER 2,635
5739. OR 5741. OF THE REVISED CODE, OR SUBMITS EITHER OF THE 2,637
FOLLOWING:
(A) A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF 2,640
COURTS SHOWING PAYMENT OF THE TAX;
(B) AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY 2,642
THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT 2,643
61
SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE 2,645
REVISED CODE. 2,646
PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH 2,648
DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES 2,649
ISSUED BY THE TAX COMMISSIONER. WHEN A DEALER SUBMITS PAYMENT OF 2,651
THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO 2,652
WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED 2,654
CODE. THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY 2,655
THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE 2,657
TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE. IF THE 2,658
APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY 2,660
MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE 2,661
EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE 2,662
APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO
CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF 2,665
EITHER OF THE ITEMS LISTED IN DIVISION (A) OR (B) OF THIS 2,667
SECTION.
FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK, 2,669
THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER 2,670
CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE 2,672
CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION
325.33 OF THE REVISED CODE. IN THE CASE OF CASUAL SALES OF 2,673
OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT 2,674
TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE, 2,676
THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL 2,677
BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE 2,679
CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR, 2,681
WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE 2,683
DETERMINATION OF THE TAX. IN ADDITION TO THE INFORMATION 2,684
REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE 2,686
OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING
NOTIFICATION AND STATEMENTS: "WARNING TO TRANSFEROR AND 2,687
TRANSFEREE (SELLER AND BUYER): YOU ARE REQUIRED BY LAW TO STATE 2,690
THE TRUE SELLING PRICE. A FALSE STATEMENT IS IN VIOLATION OF 2,692
62
SECTION 2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX 2,693
MONTHS IMPRISONMENT OR A FINE OF UP TO ONE THOUSAND DOLLARS, OR 2,694
BOTH. ALL TRANSFERS ARE AUDITED BY THE DEPARTMENT OF TAXATION. 2,695
THE SELLER AND BUYER MUST PROVIDE ANY INFORMATION REQUESTED BY 2,696
THE DEPARTMENT OF TAXATION. THE BUYER MAY BE ASSESSED ANY 2,697
ADDITIONAL TAX FOUND TO BE DUE."
THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS 2,699
POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE 2,700
PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH 2,701
INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE. 2,702
Sec. 4519.56. (A) AN APPLICATION FOR A CERTIFICATE OF 2,704
TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER 2,706
EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF 2,707
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL 2,708
CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER 2,710
WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY 2,711
REQUIRE:
(1) NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR 2,714
EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;
(2) STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR 2,717
ALL-PURPOSE VEHICLE WAS ACQUIRED;
(3) NAME AND ADDRESS OF THE PREVIOUS OWNER; 2,720
(4) A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER 2,723
ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,724
VEHICLE, AND THE NAME AND ADDRESS OF EACH HOLDER THEREOF;
(5) IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER 2,727
ENCUMBRANCES, A STATEMENT OF THAT FACT;
(6) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR 2,729
ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL, 2,731
IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION 2,732
NUMBER.
IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 2,734
CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE 2,735
MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE 2,736
63
IDENTIFICATION NUMBER. EXCEPT AS PROVIDED IN DIVISION (B) OF 2,737
THIS SECTION, IF THE APPLICATION FOR A CERTIFICATE OF TITLE 2,738
REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT 2,739
CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR WHICH NO 2,741
CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS STATE, 2,742
THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION 2,743
CERTIFICATE AS DESCRIBED IN THAT DIVISION. 2,744
IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER 2,747
OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN 2,748
REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A 2,749
PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO
ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE 2,751
IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE. THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER 2,752
SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY 2,753
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY THE STATE HIGHWAY PATROL. 2,755
THE STATE HIGHWAY PATROL SHALL ASSESS A FEE OF FIFTY DOLLARS FOR 2,756
AFFIXING THE NUMBER TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,757
VEHICLE AND SHALL DEPOSIT EACH SUCH FEE IN THE STATE HIGHWAY 2,758
SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE REVISED CODE. 2,760
(B) EXCEPT IN THE CASE OF A NEW OFF-HIGHWAY MOTORCYCLE OR 2,762
ALL-PURPOSE VEHICLE SOLD BY A DEALER LICENSED UNDER CHAPTER 4517. 2,764
OF THE REVISED CODE TITLE TO WHICH IS EVIDENCED BY A 2,766
MANUFACTURER'S OR IMPORTER'S CERTIFICATE, IF THE APPLICATION FOR 2,768
A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR 2,769
ALL-PURPOSE VEHICLE THAT CONTAINS A PERMANENT IDENTIFICATION
NUMBER PLACED THEREON BY THE MANUFACTURER, BUT FOR WHICH NO 2,770
CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED BY THIS STATE, 2,771
THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION 2,772
CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING 2,773
THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND 2,774
MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY 2,775
MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF 2,776
TITLE IS DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE 2,777
64
IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR. THE PHYSICAL 2,778
INSPECTION SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN 2,779
ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR 2,780
VEHICLE DEALER. THE DEPUTY REGISTRAR OR MOTOR VEHICLE DEALER MAY 2,782
CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING 2,783
THE PHYSICAL INSPECTION. 2,784
THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE 2,787
OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL 2,788
INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF 2,789
THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE 2,790
REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH 2,791
SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY 2,792
OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS 2,793
RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING 2,794
SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY 2,795
SECTION 4501.25 OF THE REVISED CODE. 2,797
Sec. 4519.57. THE CLERK OF THE COURT OF COMMON PLEAS SHALL 2,799
ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND 2,800
ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL. THE FRONT 2,802
SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION 2,804
REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION
4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND 2,807
CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY 2,808
OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR 2,809
OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY 2,810
NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT. THE 2,811
REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF 2,812
THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF 2,813
THE REVISED CODE. AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A 2,816
NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS 2,817
SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN 2,818
THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES. 2,819
THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS
THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 2,820
65
AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE 2,822
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED 2,823
ON THE FACE OF THE CERTIFICATE OF TITLE. 2,824
CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT 2,826
LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 2,827
VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE 2,828
TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE 2,829
PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.
Sec. 4519.58. THE CLERK OF THE COURT OF COMMON PLEAS SHALL 2,831
ISSUE CERTIFICATES OF TITLE IN DUPLICATE. ONE COPY SHALL BE 2,832
RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE 2,833
INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR 2,834
OF MOTOR VEHICLES ON THE DAY IT IS ISSUED. THE CLERK SHALL SIGN 2,835
AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE 2,836
AND, IF THERE ARE NO LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE 2,837
APPLICANT OR THE SELLING DEALER. EXCEPT AS OTHERWISE PROVIDED IN 2,838
THIS SECTION, IF THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY 2,840
MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL
BE DELIVERED TO THE HOLDER OF THE FIRST LIEN. IF THE CERTIFICATE 2,841
OF TITLE IS OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND 2,842
THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR 2,843
ALL-PURPOSE VEHICLE, THE CLERK SHALL ISSUE A CERTIFICATE OF TITLE 2,844
AND MAY ISSUE A MEMORANDUM CERTIFICATE OF TITLE. THE CERTIFICATE 2,846
OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE, IF ISSUED, SHALL BE 2,848
DELIVERED TO THE HOLDER OF THE FIRST LIEN OR THE SELLING DEALER,
WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE 2,850
FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE
APPLICANT. THE SELLING DEALER ALSO MAY MAKE ARRANGEMENTS WITH 2,851
THE CLERK TO HAVE THE CLERK DELIVER THE MEMORANDUM CERTIFICATE OF 2,853
TITLE TO THE APPLICANT.
THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING 2,855
CERTIFICATES OF TITLE. THE NUMBERING SHALL BE IN SUCH MANNER 2,856
THAT THE COUNTY OF ISSUANCE IS INDICATED. NUMBERS SHALL BE 2,857
66
ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE 2,858
REGISTRAR. THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE 2,859
ACCORDING TO THE RULES TO BE PRESCRIBED BY THE REGISTRAR, AND THE
CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE 2,860
CERTIFICATES OF TITLE. 2,861
THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES 2,863
OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT 2,865
MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES 2,866
OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY 2,867
MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN 2,869
YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE 2,871
DESTROYED. THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE
RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES 2,873
OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING 2,874
EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR 2,875
ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE 2,876
DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED. THE 2,877
CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE 2,878
DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN 2,879
IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR 2,880
TEN YEARS. IF THE CLERK PROVIDES A WRITTEN COPY OF ANY 2,881
INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE 2,882
CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE 2,883
RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING. 2,884
Sec. 4519.59. (A) THE CLERK OF THE COURT OF COMMON PLEAS 2,886
SHALL CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE, 2,888
DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, 2,889
AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE. THE CLERK 2,890
SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED 2,892
FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE 2,893
CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE, 2,894
ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR 2,896
DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH 2,897
NOTATION OF A LIEN.
67
THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED 2,899
FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS 2,900
CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING 2,902
SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A 2,903
CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR 2,904
VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE 2,905
REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT 2,906
SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN 2,907
WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION 2,908
THEREOF.
(B)(1) THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF THE 2,911
AMOUNT RECEIVED FOR EACH CERTIFICATE OF TITLE AND ALL OF THE 2,912
AMOUNTS RECEIVED FOR EACH NOTATION OF ANY LIEN AND EACH DUPLICATE 2,913
CERTIFICATE OF TITLE INTO THE STATE BUREAU OF MOTOR VEHICLES FUND 2,914
ESTABLISHED IN SECTION 4501.25 OF THE REVISED CODE. 2,917
(2) FIFTY CENTS OF THE AMOUNT RECEIVED FOR EACH 2,920
CERTIFICATE OF TITLE SHALL BE PAID BY THE REGISTRAR AS FOLLOWS: 2,921
(a) FOUR CENTS SHALL BE PAID INTO THE STATE TREASURY TO 2,924
THE CREDIT OF THE MOTOR VEHICLE DEALERS BOARD FUND CREATED IN 2,925
SECTION 4505.09 OF THE REVISED CODE, FOR USE AS DESCRIBED IN 2,927
DIVISION (B)(2)(a) OF THAT SECTION. 2,930
(b) TWENTY-ONE CENTS SHALL BE PAID INTO THE GENERAL 2,933
REVENUE FUND.
(c) TWENTY-FIVE CENTS SHALL BE PAID INTO THE STATE 2,936
TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES AUDIT FUND 2,937
CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS 2,939
DESCRIBED IN DIVISION (B)(2)(c) OF THAT SECTION. 2,942
(3) TWO DOLLARS OF THE AMOUNT RECEIVED BY THE REGISTRAR 2,945
FOR EACH CERTIFICATE OF TITLE SHALL BE PAID INTO THE STATE 2,946
TREASURY TO THE CREDIT OF THE AUTOMATED TITLE PROCESSING FUND 2,947
CREATED IN SECTION 4505.09 OF THE REVISED CODE, FOR USE AS 2,949
DESCRIBED IN DIVISION (B)(3)(a) OF THAT SECTION. 2,952
Sec. 4519.60. IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF 2,954
AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF 2,955
68
LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY, 2,956
INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION 2,957
IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY 2,958
AGREEMENT AS PROVIDED IN CHAPTER 1309. OF THE REVISED CODE, THE 2,959
CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 2,960
ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR 2,961
CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S 2,963
CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO 2,964
THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF
POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, 2,965
AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 OF THE 2,966
REVISED CODE, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE 2,967
OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO 2,969
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. ONLY AN 2,970
AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION 2,971
OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED, 2,973
SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION 2,974
AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT 2,975
ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND 2,976
OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND
RIGHT OF POSSESSION. IF THE APPLICANT CANNOT PRODUCE SUCH PROOF 2,977
OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR 2,978
OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND 2,979
THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY 2,980
AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE. IF, FROM 2,981
THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY
LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE 2,982
CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS 2,983
THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS 2,984
EXTINCTION.
Sec. 4519.61. (A) EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE 2,987
OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE 2,988
LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR 2,989
69
ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH 2,990
MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE 2,992
OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT 2,993
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN 2,995
THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF 2,996
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 2,997
LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S 2,998
RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE 2,999
CANCELLATION.
UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE 3,001
MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR 3,002
MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM 3,003
CERTIFICATES IN THAT CHAIN OF TITLE.
(B) WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE 3,006
CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,007
VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE 3,008
REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE 3,010
CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,011
VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR 3,012
DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, 3,013
COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE 3,014
CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR 3,015
VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION" 3,016
ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE 3,017
CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR 3,018
SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON 3,019
PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION. IF THE 3,020
SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,022
VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR 3,023
A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 3,024
ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED 3,025
IN DIVISION (C)(1) OF THIS SECTION. 3,026
(C)(1) WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY 3,029
70
IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,030
VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE 3,031
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR 3,032
CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE 3,033
CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,035
VEHICLE AND PROCEED AS FOLLOWS. WITHIN THIRTY DAYS THE INSURANCE 3,037
COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF 3,038
THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A 3,039
SALVAGE CERTIFICATE OF TITLE. THE CLERK SHALL ISSUE THE SALVAGE 3,040
CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT 3,042
SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF 3,043
TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE 3,044
ORIGINAL CERTIFICATE OF TITLE. EXCEPT AS PROVIDED IN DIVISION 3,045
(C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE 3,046
ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY 3,047
OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR 3,048
OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,049
VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE 3,050
TRANSFERABLE TO ANY OTHER PERSON. THE CLERK OF THE COURT OF 3,051
COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF 3,052
PROCESSING EACH SALVAGE CERTIFICATE OF TITLE. 3,053
(2) IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY 3,056
MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1) 3,057
OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE TO NORMAL OPERATION, 3,058
THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF TITLE TO THE 3,059
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A SALVAGE DEALER 3,061
OR SCRAP METAL PROCESSING FACILITY AND SEND THE ASSIGNED
CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS OF 3,063
THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL PROCESSING 3,064
FACILITY IS LOCATED. THE INSURANCE COMPANY SHALL MARK THE FACE 3,065
OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL DELIVER A 3,066
PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE DEALER OR 3,067
SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.
(3) IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY 3,069
71
IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OF ALL-PURPOSE 3,071
VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT 3,072
IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE 3,073
INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,074
VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO 3,075
RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,076
VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR 3,077
CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM 3,078
UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE 3,079
VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE 3,080
TO THE INSURANCE COMPANY. 3,081
(D) WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING 3,084
COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY 3,085
MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR 3,086
DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO 3,087
REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, 3,088
OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING: 3,089
(1) MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE 3,091
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION" 3,093
AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT 3,094
OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF 3,095
THIS SECTION. THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING 3,096
COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE 3,097
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A 3,098
PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR 3,099
SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY 3,101
MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED, 3,102
CRUSHED, OR DESTROYED.
(2) OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE 3,104
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE 3,106
SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED 3,107
CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND 3,108
THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR 3,110
ALL-PURPOSE VEHICLE. IF THE OFF-HIGHWAY MOTORCYCLE OR 3,111
72
ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION, 3,112
RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A 3,113
SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR 3,114
ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK 3,115
OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER 3,116
RESIDES. 3,117
(E) IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 3,120
TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR 3,121
OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF 3,122
COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE 3,123
STATE HIGHWAY PATROL. THE INSPECTION SHALL INCLUDE ESTABLISHING 3,124
PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND 3,125
VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,127
ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE
MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY 3,129
MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH 3,130
DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF 3,131
INSPECTION. UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE
STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED 3,132
INSPECTION FORM. THE CLERK, UPON SUBMISSION OF THE COMPLETED 3,133
INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF 3,135
TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY 3,136
THE REGISTRAR. THE CERTIFICATE OF TITLE SHALL BE IN THE SAME 3,137
FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME 3,138
NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL 3,139
CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE" 3,140
IN BLACK BOLDFACE LETTERS ON ITS FACE. EVERY SUBSEQUENT 3,141
CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR 3,142
CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM 3,143
CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR 3,144
ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE" 3,146
IN BLACK BOLDFACE LETTERS ON ITS FACE. THE EXACT LOCATION ON THE 3,147
FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE" 3,148
SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN 3,149
73
AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM 3,150
TO COMPLY WITH THIS DIVISION. THE CLERK SHALL USE REASONABLE 3,151
CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS 3,152
DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS 3,153
DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF 3,154
THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE 3,156
PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES. A FEE OF 3,157
FIFTY DOLLARS SHALL BE ASSESSED BY THE STATE HIGHWAY PATROL FOR 3,158
EACH INSPECTION MADE PURSUANT TO THIS DIVISION. 3,159
(F) NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE 3,162
CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION" 3,163
AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL 3,164
BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL. 3,165
Sec. 4519.62. IN THE EVENT OF A LOST OR DESTROYED 3,167
CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF 3,168
THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF 3,169
TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,170
ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A 3,171
CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE 3,172
REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED
BY SECTION 4519.59 OF THE REVISED CODE. THE APPLICATION SHALL BE 3,173
SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE 3,174
CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO 3,175
THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER. THE 3,176
CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE 3,177
WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY 3,178
MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE
ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS 3,180
IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE 3,181
ORIGINAL HOLDER OF THE CERTIFIED COPY HAD. ANY PURCHASER OF THE 3,182
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF 3,183
PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE 3,184
PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY 3,185
MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE 3,187
74
PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY
CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE. IN THE EVENT OF 3,188
THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER, 3,189
THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF 3,190
TITLE TO THE CLERK FOR CANCELLATION. 3,191
THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY 3,193
MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING 3,195
LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME 3,196
TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM 3,197
CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM 3,198
PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE
APPLICANT. UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE 3,199
CORRECT, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 OF 3,200
THE REVISED CODE, THE CLERK SHALL ISSUE TO THE APPLICANT A 3,201
MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR 3,202
ALL-PURPOSE VEHICLE. IN THE EVENT THE MEMORANDUM CERTIFICATE IS 3,204
LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY
OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED 3,205
BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE. 3,206
THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO 3,207
EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE 3,208
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN. 3,210
Sec. 4519.63. THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK 3,212
OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON 3,213
AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE 3,214
INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE 3,215
VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR 3,217
OTHER CLASSIFICATION AS THEY MAY DIRECT. THE REGISTRAR OR THE 3,218
CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND 3,219
THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE
VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE 3,220
INFORMATION AND ATTESTATIONS THEREOF. 3,221
FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS: 3,223
(A) FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE, 3,225
75
TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF; 3,226
(B) FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS 3,228
THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR 3,229
REPORTED ON;
(C) FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO 3,231
DOLLARS PER COPY. THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF 3,234
RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.
SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE 3,236
FACTS THEREIN STATED IN ANY COURT OF THE STATE. THE REGISTRAR 3,237
AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT 3,238
CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF 3,239
POLICE, OR THE ATTORNEY GENERAL. THE CLERK ALSO MAY PROVIDE A 3,240
COPY OF A CERTIFICATE OF TITLE TO A PUBLIC AGENCY WITHOUT CHARGE. 3,241
THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS 3,243
SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF 3,244
THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION 3,246
4501.25 OF THE REVISED CODE. THOSE FEES COLLECTED BY THE CLERK
AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF 3,247
TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE 3,248
REVISED CODE. 3,249
Sec. 4519.64. MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY 3,251
MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE 3,252
AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES. 3,253
THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY 3,254
OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF 3,255
THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE 3,256
FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE
RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY 3,257
PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE 3,258
MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE 3,259
NAMES OF THE AGENTS.
Sec. 4519.65. THE CLERK OF THE COURT OF COMMON PLEAS AND 3,261
THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR 3,262
AFFIDAVIT REQUIRED BY THIS CHAPTER. 3,263
76
Sec. 4519.66. NO PERSON SHALL DO ANY OF THE FOLLOWING: 3,265
(A) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR 3,268
ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE 3,270
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A 3,271
CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE 3,272
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;
(B) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR 3,275
ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY 3,276
MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS 3,277
BEEN CANCELED;
(C) FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON 3,279
CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND 3,280
NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER; 3,281
(D) FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE 3,283
CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER, 3,285
IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE 3,286
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE 3,287
CERTIFICATE OF TITLE;
(E) VIOLATE SECTIONS 4519.51 TO 4519.70 OF THE REVISED 3,289
CODE FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL 3,290
RULES PROMULGATED PURSUANT TO THOSE SECTIONS. 3,291
Sec. 4519.67. NO PERSON SHALL DO ANY OF THE FOLLOWING: 3,293
(A) PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE 3,295
TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR 3,296
ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF 3,297
TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR 3,298
HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR 3,299
ALL-PURPOSE VEHICLE HAS BEEN STOLEN; 3,300
(B) SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY 3,303
MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR
ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED, 3,305
REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE 3,306
DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE 3,307
MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER; 3,308
77
(C) SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR 3,310
ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR 3,311
TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR 3,312
IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS 3,313
PROVIDED FOR IN THIS CHAPTER.
Sec. 4519.68. (A)(1) CHAPTER 1309. OF THE REVISED CODE 3,315
DOES NOT PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD 3,317
OF A SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR 3,318
ALL-PURPOSE VEHICLE, EXCEPT AS PROVIDED IN DIVISION (A)(2) OF 3,320
THIS SECTION.
(2) SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE APPLY 3,324
TO A SECURITY INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR 3,325
ALL-PURPOSE VEHICLE HELD AS INVENTORY, AS DEFINED IN DIVISION (D) 3,327
OF SECTION 1309.07 OF THE REVISED CODE, FOR SALE BY A DEALER. 3,329
THE SECURITY INTEREST HAS PRIORITY OVER CREDITORS OF THE DEALER 3,330
AS PROVIDED IN SECTIONS 1309.01 TO 1309.50 OF THE REVISED CODE 3,333
WITHOUT NOTATION OF THE SECURITY INTEREST ON A CERTIFICATE OF 3,334
TITLE OR WITHOUT THE RETENTION OF A MANUFACTURER'S OR IMPORTER'S 3,335
CERTIFICATE.
(B) SUBJECT TO DIVISION (A) OF THIS SECTION, ANY SECURITY 3,340
AGREEMENT COVERING A SECURITY INTEREST IN AN OFF-HIGHWAY 3,341
MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF A NOTATION OF THE AGREEMENT 3,343
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 3,344
CREDITORS OF THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND 3,345
AGAINST SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER 3,346
LIENHOLDERS OR CLAIMANTS. ALL SECURITY INTERESTS, LIENS,
MORTGAGES, AND ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE 3,348
TAKE PRIORITY ACCORDING TO THE ORDER OF TIME IN WHICH THEY ARE 3,349
NOTED THEREON BY THE CLERK. EXPOSURE FOR SALE OF ANY OFF-HIGHWAY 3,350
MOTORCYCLE OR ALL-PURPOSE VEHICLE BY ITS OWNER, WITH THE 3,351
KNOWLEDGE OR WITH THE KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY 3,352
SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE THEREON, DOES 3,353
NOT RENDER THE SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE 3,354
78
INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR AGAINST 3,356
HOLDERS OF SUBSEQUENT SECURITY INTERESTS, LIENS, MORTGAGES, OR 3,357
ENCUMBRANCES UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,358
VEHICLE. 3,359
THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY 3,361
AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY 3,362
IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE 3,363
CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 OF 3,364
THE REVISED CODE, MAY HAVE A NOTATION OF THE SECURITY INTEREST
MADE ON THE FACE OF THE CERTIFICATE OF TITLE AND, IF SUCH A 3,366
NOTATION IS MADE, ANOTHER NOTATION OF THE LIEN SHALL BE ENTERED 3,368
INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE
TITLES. THE CLERK, OVER THE CLERK'S SIGNATURE AND SEAL OF 3,370
OFFICE, SHALL ISSUE A NEW ORIGINAL CERTIFICATE OF TITLE FROM THE 3,371
AUTOMATED TITLE PROCESSING SYSTEM THAT INDICATES THE SECURITY 3,372
INTEREST AND THE DATE OF THE SECURITY INTEREST. 3,373
WHEN THE SECURITY INTEREST IS DISCHARGED, THE HOLDER 3,375
THEREOF SHALL NOTE THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON 3,377
THE FACE OF THE CERTIFICATE OF TITLE OR OVER THE HOLDER'S 3,378
SIGNATURE ON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES 3,379
WHEN THERE IS NO SPACE FOR THE DISCHARGE ON THE FACE OF THE
CERTIFICATE OF TITLE. PRIOR TO DELIVERING THE CERTIFICATE TO THE 3,381
OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY 3,382
ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE 3,383
THE CLERK NOTE THE CANCELLATION OF THE SECURITY INTEREST ON THE
FACE OF THE CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE 3,385
CLERK. IF THE CANCELLATION APPEARS TO BE GENUINE, THE CLERK 3,386
SHALL NOTE THE CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO 3,387
SHALL NOTE THE CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE 3,388
REGISTRAR, WHO SHALL NOTE THE CANCELLATION. IF A SECURITY 3,389
INTEREST THAT IS DISCHARGED DOES NOT APPEAR ON THE FACE OF THE
CERTIFICATE OF TITLE BUT INSTEAD WAS ENTERED INTO THE AUTOMATED 3,391
TITLE PROCESSING SYSTEM FOR MOTOR VEHICLES, THE CLERK SHALL ENTER 3,392
THE CANCELLATION INTO THE AUTOMATED TITLE PROCESSING SYSTEM AND 3,393
79
ALSO SHALL NOTE THE CANCELLATION ON A FORM PRESCRIBED BY THE 3,394
REGISTRAR.
Sec. 4519.69. IF THE APPLICATION FOR A CERTIFICATE OF 3,396
TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE 3,397
LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION 3,398
SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED 3,400
BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR, 3,401
SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S
IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR 3,403
ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS 3,404
DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH 3,405
FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES. THE
PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,406
VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN 3,408
ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR 3,410
VEHICLE DEALER. ADDITIONALLY, THE PHYSICAL INSPECTION OF A 3,411
SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN 3,412
INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS 3,413
OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER 3,415
4738. OF THE REVISED CODE. THE DEPUTY REGISTRAR, THE MOTOR 3,416
VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A 3,417
MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE 3,418
PHYSICAL INSPECTION.
THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE 3,420
OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL 3,421
INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF 3,422
THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE 3,424
REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH 3,425
SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY
OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS 3,426
RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING 3,427
SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF 3,428
MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 3,430
CODE. 3,431
80
Sec. 4519.70. (A)(1) NO MINOR UNDER EIGHTEEN YEARS OF AGE 3,434
SHALL PURCHASE OR OTHERWISE ACQUIRE AN OFF-HIGHWAY MOTORCYCLE OR 3,435
ALL-PURPOSE VEHICLE AND OBTAIN A CERTIFICATE OF TITLE FOR THE 3,436
MOTORCYCLE OR VEHICLE UNLESS THE APPLICATION FOR THE CERTIFICATE 3,437
OF TITLE IS ACCOMPANIED BY A FORM PRESCRIBED BY THE REGISTRAR OF 3,438
MOTOR VEHICLES THAT IS SIGNED BY A PARENT OF THE MINOR, THE 3,439
MINOR'S GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR 3,440
AUTHORIZING THE PURCHASE OR ACQUISITION OF THE OFF-HIGHWAY 3,441
MOTORCYCLE OR ALL-PURPOSE VEHICLE. 3,442
(2) NO MINOR UNDER EIGHTEEN YEARS OF AGE SHALL SELL OR 3,445
OTHERWISE DISPOSE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,446
VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED UNDER 3,447
THIS CHAPTER UNLESS A PARENT OF THE MINOR, THE MINOR'S GUARDIAN, 3,448
OR OTHER PERSON HAVING CUSTODY OF THE MINOR FURNISHES TO THE 3,449
BUYER OR PERSON ACQUIRING THE MOTORCYCLE OR VEHICLE, AT THE TIME 3,450
OF THE SALE OR DISPOSITION, A FORM PRESCRIBED BY THE REGISTRAR 3,451
THAT IS SIGNED BY THE PARENT, GUARDIAN, OR OTHER PERSON 3,452
AUTHORIZING THE SALE OR DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE 3,453
OR ALL-PURPOSE VEHICLE.
(B) AT THE TIME AN APPLICATION FOR A CERTIFICATE OF TITLE 3,456
FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN 3,457
DIVISION (A) OF THIS SECTION IS SUBMITTED, THE ADULT WHO SIGNED 3,459
THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, OR 3,460
ACQUISITION OF THE MOTORCYCLE OR VEHICLE BY THE MINOR SHALL BE 3,461
PRESENT AND SHALL PROVIDE IDENTIFICATION ESTABLISHING THAT THE 3,462
ADULT IS THE INDIVIDUAL WHOSE SIGNATURE APPEARS ON THE FORM. THE 3,463
REGISTRAR SHALL PRESCRIBE, BY RULE, THE TYPES OF IDENTIFICATION 3,464
THAT ARE ACCEPTABLE FOR THE PURPOSES OF THIS DIVISION. IF THE 3,465
ADULT WHO SIGNED THE FORM DOES NOT PROVIDE IDENTIFICATION AS 3,466
REQUIRED BY THIS DIVISION, THE APPLICATION SHALL BE REFUSED. 3,467
(C) NO RIGHT, TITLE, CLAIM TO, OR INTEREST IN AN 3,469
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE ACQUIRED 3,471
BY OR FROM A MINOR UNLESS THE APPLICATION FOR A CERTIFICATE OF 3,472
TITLE FOR THE MOTORCYCLE OR VEHICLE IS ACCOMPANIED BY THE FORM 3,473
81
REQUIRED BY THIS SECTION. 3,474
(D) NO CLERK OF A COURT OF COMMON PLEAS SHALL BE HELD 3,476
LIABLE IN ANY CIVIL ACTION THAT ARISES UNDER THE LAW OF THIS 3,477
STATE FOR INJURY OR LOSS TO PERSONS OR PROPERTY CAUSED WHEN A 3,478
PERSON HAS OBTAINED A CERTIFICATE OF TITLE IN VIOLATION OF THIS 3,479
SECTION, UNLESS THE CLERK FAILED TO USE REASONABLE DILIGENCE IN 3,480
ASCERTAINING THE AGE OF THE MINOR OR THE IDENTITY OF THE ADULT 3,481
WHO SIGNED THE FORM AUTHORIZING THE SALE, DISPOSITION, PURCHASE, 3,482
OR ACQUISITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE 3,483
VEHICLE BY THE MINOR. 3,484
Sec. 4519.99. (A) Whoever violates division (A) of 3,493
section 4519.02, or division (A), (B), or (C) of section 4519.05, 3,494
of the Revised Code shall be fined not more than twenty-five 3,495
dollars for a first offense; for each subsequent offense such 3,496
person shall be fined not less than twenty-five nor more than 3,497
fifty dollars. 3,498
(B) Whoever violates section 4519.06 of the Revised Code 3,500
shall be fined not more than fifty dollars for a first offense; 3,501
for each subsequent offense such person shall be fined not less 3,502
than fifty nor more than two hundred dollars. 3,503
(C) Whoever violates division (E)(B) of section 4519.20, 3,505
or section 4519.22, of the Revised Code shall be fined not more 3,506
than fifty dollars for a first offense; for each subsequent 3,507
offense within one year of a first offense such person shall be 3,508
fined not less than fifteen nor more than one hundred dollars or 3,509
imprisoned not more than three days, or both. 3,510
(D) Whoever violates section 4519.40 or 4519.44 of the 3,512
Revised Code shall be fined not less than fifty nor more than 3,513
five hundred dollars or imprisoned not less than three nor more 3,514
than thirty days, or both. 3,515
(E) Whoever violates section 4519.45 of the Revised Code 3,517
shall be fined not less than one hundred nor more than five 3,518
hundred dollars. 3,519
(F) WHOEVER VIOLATES SECTION 4519.66 OF THE REVISED CODE 3,521
82
SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED 3,522
NOT MORE THAN NINETY DAYS, OR BOTH.
(G) WHOEVER VIOLATES SECTION 4519.67 OF THE REVISED CODE 3,524
SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED 3,525
IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE 3,526
THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE 3,527
THAN FIVE YEARS, OR BOTH.
(H) WHOEVER VIOLATES SECTION 4519.52 OF THE REVISED CODE 3,529
SHALL BE FINED FIFTY DOLLARS. 3,530
Section 2. That existing sections 325.33, 4501.01, 3,532
4503.10, 4505.06, 4505.09, 4511.85, 4517.01, 4519.01, 4519.02, 3,533
4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 3,534
4519.11, 4519.20, 4519.21, 4519.22, 4519.40, 4519.41, 4519.42, 3,535
4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, and 4519.99 3,537
of the Revised Code are hereby repealed. 3,538
Section 3. Sections 1 and 2 of this act shall take effect 3,540
July 1, 1999. 3,541
Section 4. Section 4503.10 of the Revised Code is 3,543
presented in this act as a composite of the section as amended by 3,544
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General 3,545
Assembly, with the new language of neither of the acts shown in 3,547
capital letters. This is in recognition of the principle stated 3,548
in division (B) of section 1.52 of the Revised Code that such 3,549
amendments are to be harmonized where not substantively 3,550
irreconcilable and constitutes a legislative finding that such is 3,551
the resulting version in effect prior to the effective date of 3,552
this act.