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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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:                                      

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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.