As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 213 5
1997-1998 6
SENATORS OELSLAGER-SUHADOLNIK-LATTA-RAY- 8
REPRESENTATIVES BATEMAN-PATTON-OLMAN-DAMSCHRODER-CAREY-SCHURING- 9
TERWILLEGER-TIBERI-SCHULER-MOTTL-CORE-GARCIA-THOMAS-MYERS 10
12
A B I L L
To amend sections 109.71, 3937.41, 4503.181, 14
4505.04, 4505.06, 4506.01, 4506.02, 4506.11, 15
4507.13, 4507.50, 4507.51, 4507.52, 4509.01, 16
4511.091, 4511.195, 4517.01, and 4517.03 and to 17
enact sections 4501.31, 4506.25, and 4506.26 of 18
the Revised Code to modify the types of 19
employment-related accidents that insurers are 20
prohibited from considering with regard to an 21
applicant's or policyholder's private automobile
insurance policy; to permit the holder of a 22
temporary instruction permit, driver's license, 23
commercial driver's license, or state
identification card to prohibit the display of 24
the holder's Social Security number unless the 25
display is required by federal law; to permit a 26
disabled veteran who has a service-connected 27
disability rated at 100% by the Veterans' 28
Administration to apply to the Registrar of Motor
Vehicles or a deputy registrar for the issuance 29
of a state identification card or a temporary 30
identification card without payment of any fee; 31
to permit historical license plates issued to a 32
person's historical motor vehicle to be
transferred to another historical motor vehicle 33
owned by that person; to modify the provisions 34
relating to out-of-service orders issued to
2
holders of commercial driver's licenses; to 35
modify the definition of "owner" of a motor 36
vehicle for purposes of the Financial 37
Responsibility Law; to permit a law enforcement
officer who observes the operator of a motor 38
vehicle commit one of certain specified moving 39
violations to radio another law enforcement 40
officer with information to enable that law
enforcement officer to arrest the operator or 41
issue a citation for the violation; to provide 42
that a warning relating to a possible fine that 43
must be included in the written notice that is 44
given to the operator of a vehicle who is
arrested for OMVI or the owner of such a vehicle 45
because the vehicle may be subject to future 46
impoundment or forfeiture, instead be given to
the person in court; to require the Director of 47
Budget and Management to transfer certain moneys 48
into the Highway Safety Federal Reimbursement 49
Fund; to include within the definition of "peace 51
officer" in the provisions of the Ohio Peace 52
Officer Training Commission a person serving as a
special police officer of the State Highway 53
Patrol on a permanent basis on October 21, 1997, 54
and who has satisfactorily completed an approved 55
peace officer basic training program; to permit 56
an application for a certificate of title to be 57
filed electronically by electronic image 58
transmission in any county in which the clerk of 59
the court of common pleas permits such filing; to 61
modify the definition of "remanufacturer" for
purposes of the motor vehicle dealer law; to 63
permit a motor vehicle that is leased by a motor 64
vehicle leasing dealer to another motor vehicle
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leasing dealer to be the subject of a sublease, 65
in certain circumstances; and to maintain the 66
provisions of this act on and after January 1, 67
1999, by amending the version of section 4507.13 68
of the Revised Code that takes effect on that
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 70
Section 1. That sections 109.71, 3937.41, 4503.181, 72
4505.04, 4505.06, 4506.01, 4506.02, 4506.11, 4507.13, 4507.50, 73
4507.51, 4507.52, 4509.01, 4511.091, 4511.195, 4517.01, and 74
4517.03 be amended and sections 4501.31, 4506.25, and 4506.26 of 75
the Revised Code be enacted to read as follows: 76
Sec. 109.71. There is hereby created in the office of the 85
attorney general the Ohio peace officer training commission. The 86
commission shall consist of nine members appointed by the 87
governor with the advice and consent of the senate and selected 88
as follows: one member representing the public; two members who 89
are incumbent sheriffs; two members who are incumbent chiefs of 90
police; one member from the bureau of criminal identification and 91
investigation; one member from the state highway patrol; one 92
member who is the special agent in charge of a field office of 93
the federal bureau of investigation in this state; and one member 94
from the department of education, trade and industrial education 96
services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code: 98
(A) "Peace officer" means: 100
(1) A deputy sheriff, marshal, deputy marshal, member of 102
the organized police department of a township or municipal 103
corporation, member of a township police district or joint 104
township police district police force, member of a police force 105
employed by a metropolitan housing authority under division (D) 106
of section 3735.31 of the Revised Code, or township constable, 107
who is commissioned and employed as a peace officer by a 108
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political subdivision of this state or by a metropolitan housing 109
authority, and whose primary duties are to preserve the peace, to 110
protect life and property, and to enforce the laws of this state, 111
ordinances of a municipal corporation, resolutions of a township, 112
or regulations of a board of county commissioners or board of 113
township trustees, or any such laws, ordinances, resolutions, or 114
regulations;
(2) A police officer who is employed by a railroad company 116
and appointed and commissioned by the governor pursuant to 117
sections 4973.17 to 4973.22 of the Revised Code; 118
(3) Employees of the department of taxation engaged in the 120
enforcement of Chapter 5743. of the Revised Code and designated 121
by the tax commissioner for peace officer training for purposes 122
of the delegation of investigation powers under section 5743.45 123
of the Revised Code; 124
(4) An undercover drug agent; 126
(5) Liquor control investigators of the department of 128
public safety engaged in the enforcement of Chapters 4301. and 129
4303. of the Revised Code;
(6) An employee of the department of natural resources who 131
is a park officer designated pursuant to section 1541.10, a 132
forest officer designated pursuant to section 1503.29, a preserve 133
officer designated pursuant to section 1517.10, a wildlife 134
officer designated pursuant to section 1531.13, or a state 135
watercraft officer designated pursuant to section 1547.521 of the 136
Revised Code; 137
(7) An employee of a park district who is designated 139
pursuant to section 511.232 or 1545.13 of the Revised Code; 140
(8) An employee of a conservancy district who is 142
designated pursuant to section 6101.75 of the Revised Code; 143
(9) A police officer who is employed by a hospital that 145
employs and maintains its own proprietary police department or 146
security department, and who is appointed and commissioned by the 147
governor pursuant to sections 4973.17 to 4973.22 of the Revised 148
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Code; 149
(10) Ohio veterans' home police officers designated under 151
section 5907.02 of the Revised Code; 152
(11) A police officer who is employed by a qualified 154
nonprofit corporation police department pursuant to section 155
1702.80 of the Revised Code; 156
(12) A state university law enforcement officer appointed 158
under section 3345.04 of the Revised Code or a person serving as 159
a state university law enforcement officer on a permanent basis 160
on June 19, 1978, who has been awarded a certificate by the 161
executive director of the Ohio peace officer training council 162
attesting to the person's satisfactory completion of an approved 163
state, county, municipal, or department of natural resources 164
peace officer basic training program;
(13) A special police officer employed by the department 166
of mental health pursuant to section 5119.14 of the Revised Code 167
or the department of mental retardation and developmental 168
disabilities pursuant to section 5123.13 of the Revised Code; 169
(14) A member of a campus police department appointed 171
under section 1713.50 of the Revised Code; 172
(15) A member of a police force employed by a regional 174
transit authority under division (Y) of section 306.35 of the 175
Revised Code.
(16) Food stamp trafficking agents of the department of 177
public safety designated under section 5502.14 of the Revised 179
Code;
(17) Investigators appointed by the auditor of state 181
pursuant to section 117.091 of the Revised Code and engaged in 182
the enforcement of Chapter 117. of the Revised Code; 183
(18) A special police officer designated by the 185
superintendent of the state highway patrol pursuant to section 186
5503.09 of the Revised Code OR A PERSON WHO WAS SERVING AS A 187
SPECIAL POLICE OFFICER PURSUANT TO THAT SECTION ON A PERMANENT 189
BASIS ON OCTOBER 21, 1997, AND WHO HAS BEEN AWARDED A CERTIFICATE 191
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BY THE EXECUTIVE DIRECTOR OF THE OHIO PEACE OFFICER TRAINING 192
COMMISSION ATTESTING TO THE PERSON'S SATISFACTORY COMPLETION OF 193
AN APPROVED STATE, COUNTY, MUNICIPAL, OR DEPARTMENT OF NATURAL 194
RESOURCES PEACE OFFICER BASIC TRAINING PROGRAM. 195
(B) "Undercover drug agent" has the same meaning as in 197
division (B)(2) of section 109.79 of the Revised Code. 198
(C) "Crisis intervention training" means training in the 200
use of interpersonal and communication skills to most effectively 201
and sensitively interview victims of rape. 202
(D) "Missing children" has the same meaning as in section 204
2901.30 of the Revised Code. 205
Sec. 3937.41. (A) As used in this section: 214
(1) "Ambulance" has the same meaning as in section 4765.01 216
of the Revised Code and also includes private ambulance companies 217
under contract to a municipal corporation, township, or county. 218
(2) "Emergency vehicle" means any of the following: 220
(a) Any vehicle, as defined in section 4511.01 of the 222
Revised Code, that is an emergency vehicle of a municipal, 223
township, or county department or public utility corporation and 224
that is identified as such as required by law, the director of 225
public safety, or local authorities; 226
(b) Any motor vehicle, as defined in section 4511.01 of 228
the Revised Code, when commandeered by a police officer; 229
(c) Any vehicle, as defined in section 4511.01 of the 231
Revised Code, that is an emergency vehicle of a qualified 232
nonprofit corporation police department established pursuant to 233
section 1702.80 of the Revised Code and that is identified as an 234
emergency vehicle; 235
(d) Any vehicle, as defined in section 4511.01 of the 237
Revised Code, that is an emergency vehicle of a proprietary 238
police department or security department of a hospital operated 239
by a public hospital agency or a nonprofit hospital agency that 240
employs police officers under section 4973.17 of the Revised 241
Code, and that is identified as an emergency vehicle. 242
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(3) "Fire fighter FIREFIGHTER" means any regular, paid, 244
member of a lawfully constituted fire department of a municipal 246
corporation or township. 247
(4) "Law enforcement officer" means a sheriff, deputy 249
sheriff, constable, marshal, deputy marshal, municipal or 250
township police officer, state highway patrol trooper, police 251
officer employed by a qualified nonprofit police department 252
pursuant to section 1702.80 of the Revised Code, or police 253
officer employed by a proprietary police department or security 254
department of a hospital operated by a public hospital agency or 255
nonprofit hospital agency pursuant to section 4973.17 of the 256
Revised Code. 257
(5) "Motor vehicle accident" means any accident involving 259
a motor vehicle which results in bodily injury to any person, or 260
damage to the property of any person. 261
(B) No insurer shall consider the circumstance that an 263
applicant or policyholder has been involved in a motor vehicle 264
accident while in the pursuit of the applicant's or 265
policyholder's official duties as a law enforcement officer, fire 267
fighter FIREFIGHTER, or operator of an emergency vehicle or 269
ambulance, or while operating a vehicle engaged in mowing or snow 270
and ice removal as a county, township, or department of 272
transportation employee, OR WHILE OPERATING A VEHICLE WHILE 274
ENGAGED IN THE PURSUIT OF THE APPLICANT'S OR POLICYHOLDER'S 275
OFFICIAL DUTIES AS A MEMBER OF THE COMMERCIAL MOTOR VEHICLE 276
SAFETY ENFORCEMENT UNIT OF THE STATE HIGHWAY PATROL, as a basis 278
for doing either of the following:
(1) Refusing to issue or deliver a policy of insurance 280
upon a private automobile, or increasing the rate to be charged 281
for such a policy; 282
(2) Increasing the premium rate, canceling, or failing to 284
renew an existing policy of insurance upon a private automobile. 285
(C) Any applicant or policyholder affected by an action of 287
an insurer in violation of this section may appeal to the 288
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superintendent of insurance. After a hearing held upon not less 289
than ten days' notice to the applicant or policyholder and to the 290
insurer and if the superintendent determines that the insurer has 292
violated this section, the superintendent may direct the issuance 293
of a policy, decrease the premium rate on a policy, or reinstate 294
insurance coverage. 295
(D) The employer of the law enforcement officer, fire 297
fighter FIREFIGHTER, or operator of an emergency vehicle or 298
ambulance, or operator of a vehicle engaged in mowing or snow and 301
ice removal, OR OPERATOR OF A VEHICLE WHO IS A MEMBER OF THE 302
COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, except as 305
otherwise provided in division (F) of this section, shall certify 307
to the state highway patrol or law enforcement agency that 308
investigates the accident whether the officer, fire fighter
FIREFIGHTER, or operator of an emergency vehicle or ambulance, or 310
operator of a vehicle engaged in mowing or snow and ice removal, 312
OR OPERATOR OF A VEHICLE WHO IS A MEMBER OF THE COMMERCIAL MOTOR 313
VEHICLE SAFETY ENFORCEMENT UNIT, was engaged in the performance 315
of the person's official duties as such employee at the time of 318
the accident. The employer shall designate an official 319
authorized to make the certifications. The state highway patrol 320
or law enforcement agency shall include the certification in any 321
report of the accident forwarded to the department of public 322
safety pursuant to sections 5502.11 and 5502.12 of the Revised 323
Code and shall forward the certification to the department if 324
received after the report of the accident has been forwarded to 325
the department. The registrar of motor vehicles shall not 326
include an accident in a certified abstract of information under 327
division (A) of section 4509.05 of the Revised Code, if the 328
person involved has been so certified as having been engaged in 329
the performance of the person's official duties at the time of 330
the accident. 331
(E) Division (B) of this section does not apply to an 333
insurer whose policy covers the motor vehicle at the time the 334
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motor vehicle is involved in an accident described in division 335
(B) of this section. 336
(F) Division (B) of this section does not apply if an 338
applicant or policyholder, on the basis of the applicant's or 339
policyholder's involvement in an accident described in that 341
division, is convicted of or pleads guilty or no contest to a 342
violation of section 4511.19 of the Revised Code; of a municipal 343
ordinance relating to operating a vehicle while under the 344
influence of alcohol, a drug of abuse, or alcohol and a drug of 345
abuse; or of a municipal ordinance relating to operating a 346
vehicle with a prohibited concentration of alcohol in the blood, 347
breath, or urine, or other bodily substance.
Sec. 4501.31. (A) EVERY DRIVER'S LICENSE, COMMERCIAL 350
DRIVER'S LICENSE, TEMPORARY INSTRUCTION PERMIT, AND 351
IDENTIFICATION CARD ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR 352
A DEPUTY REGISTRAR ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION 353
SHALL DISPLAY THE SOCIAL SECURITY NUMBER OF THE PERSON TO WHOM 354
THE LICENSE, PERMIT, OR CARD IS ISSUED UNLESS THE PERSON TO WHOM 355
THE LICENSE, PERMIT, OR CARD IS TO BE ISSUED SPECIFICALLY
REQUESTS THAT THE PERSON'S SOCIAL SECURITY NUMBER NOT BE 356
DISPLAYED ON THE LICENSE, PERMIT, OR CARD. IF FEDERAL LAW 357
REQUIRES THE PERSON'S SOCIAL SECURITY NUMBER TO BE DISPLAYED ON 358
THE LICENSE, PERMIT, OR CARD, THE SOCIAL SECURITY NUMBER SHALL BE
DISPLAYED ON THE LICENSE, PERMIT, OR CARD NOTWITHSTANDING A 359
REQUEST TO NOT DISPLAY THE NUMBER PURSUANT TO THIS DIVISION. 360
(B) FOR PURPOSES OF COMPLIANCE WITH SUBPARAGRAPH (b)(1)(B) 363
OF SECTION 656 OF PUBLIC LAW NO. 104-208, AS STATUTORILY NOTED 364
UNDER 5 U.S.C.A. 301, THE REGISTRAR SHALL DO BOTH OF THE 366
FOLLOWING:
(1) REQUIRE EVERY APPLICANT FOR A DRIVER'S LICENSE, 368
TEMPORARY INSTRUCTION PERMIT, COMMERCIAL DRIVER'S LICENSE, OR 369
IDENTIFICATION CARD TO SUBMIT THE APPLICANT'S SOCIAL SECURITY 370
NUMBER, IF ONE HAS BEEN ASSIGNED;
(2) VERIFY THAT THE NUMBER IS VALID. 372
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Sec. 4503.181. (A) As used in this section, "historical 381
motor vehicle" means any motor vehicle that is more than 382
twenty-five years old and that is owned solely as a collector's 383
item and for participation in club activities, exhibitions, 385
tours, parades, and similar uses, but in no event is used for 386
general transportation.
(B) In lieu of the annual license tax levied in sections 388
4503.02 and 4503.04 of the Revised Code, a license fee of ten 390
dollars is levied on the operation of an historical motor 391
vehicle. 392
(C) A person who owns an historical motor vehicle and 395
applies for license plates under this section shall execute an 396
affidavit that the vehicle for which plates are requested is 397
owned and operated solely for the purposes enumerated in division 398
(A) of this section, and also setting forth in the affidavit that 399
the vehicle has been inspected and found safe to operate on the 400
public roads and highways in the state. A person who owns an 401
historical motor vehicle who AND desires to display model year 403
license plates on the vehicle as permitted by this section shall 404
execute at the time of registration an affidavit setting forth 405
that the model year license plates the person desires to display 407
on the person's historical motor vehicle are legible and 408
serviceable license plates that originally were issued by this 409
state. No registration issued pursuant to this section need
specify the weight of the vehicle. 410
(D) A vehicle registered under this section may display 412
historical vehicle license plates issued by the registrar of 413
motor vehicles or model year license plates procured by the 414
applicant. Historical vehicle license plates shall NOT bear no A 416
date, but shall bear the inscription "Historical Vehicle--Ohio" 417
and the registration number, which shall be shown thereon. Model 418
year license plates shall be legible and serviceable license 419
plates issued by this state and inscribed with the date of the 420
year corresponding to the model year when the vehicle was 421
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manufactured. Notwithstanding section 4503.21 of the Revised 422
Code, only one model year license plate is required to be 423
displayed on the rear of the historical motor vehicle at all 424
times. The registration certificate AND THE HISTORICAL VEHICLE 425
LICENSE PLATES ISSUED BY THE REGISTRAR shall be kept in the 426
vehicle at all times the vehicle is operated on the public roads 428
and highways in this state.
Notwithstanding section 4503.21 of the Revised Code, the 430
owner of an historical motor vehicle that was manufactured for 431
military purposes and that is registered under this section may 432
display the assigned registration number of the vehicle by 433
painting the number on the front and rear of the vehicle. The 434
number shall be painted, in accordance with the size and style 435
specifications established for numerals and letters shown on 436
license plates in section 4503.22 of the Revised Code, in a color 437
that contrasts clearly with the color of the vehicle, and shall 438
be legible and visible at all times. Upon application for 439
registration under this section and payment of the license fee 440
prescribed in division (B) of this section, the owner of such an 441
historical motor vehicle shall be issued historical vehicle 442
license plates. The registration certificate and at least one 443
such license plate shall be kept in the vehicle at all times the 444
vehicle is operated on the public roads and highways in this 446
state. If ownership of such a vehicle is transferred, the 447
transferor shall surrender the historical vehicle license plates 448
OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE THE 449
TRANSFEROR OWNS, and remove or obliterate the registration 450
numbers painted on the vehicle. 452
(E) Historical vehicle and model year license plates are 454
valid without renewal as long as the vehicle for which they were 456
issued or procured is in existence. The historical HISTORICAL 457
vehicle plates are issued for the applicant's OWNER'S use only 459
for such vehicle UNLESS LATER TRANSFERRED TO ANOTHER HISTORICAL 461
MOTOR VEHICLE OWNED BY THAT PERSON. IN ORDER TO EFFECT SUCH A 462
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TRANSFER, THE OWNER OF THE HISTORICAL MOTOR VEHICLE THAT 463
ORIGINALLY DISPLAYED THE HISTORICAL VEHICLE PLATES SHALL COMPLY 464
WITH DIVISION (C) OF THIS SECTION. In the event of a transfer of 466
title, the transferor shall surrender historical vehicle license 467
plates OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE OWNED 468
BY THE TRANSFEROR, but model year license plates may be retained 471
by the transferor. The registrar of motor vehicles may revoke 472
license plates issued under this section, for cause shown and 473
after hearing, for failure of the applicant to comply with this 474
section. Upon revocation, historical vehicle license plates 475
shall be surrendered; model year license plates may be retained, 476
but no longer are valid for display on the vehicle. 477
(F) The owner of an historical motor vehicle bearing 479
historical vehicle license plates may replace them with model 480
year license plates by surrendering the historical vehicle 481
license plates and motor vehicle certificate of registration to 482
the registrar. The owner, at the time of registration, shall 484
execute an affidavit setting forth that the model year plates are
legible and serviceable license plates that originally were 485
issued by this state. Such an owner is required to pay the 486
license fee prescribed by division (B) of this section, but the 488
owner is not required to have the historical motor vehicle 489
reinspected under division (C) of this section. 490
A person who owns an historical motor vehicle bearing model 493
year license plates may replace them with historical vehicle 494
license plates by surrendering the motor vehicle certificate of 495
registration and applying for issuance of historical vehicle 496
license plates. Such a person is required to pay the license fee 498
prescribed by division (B) of this section, but the person is not 499
required to have the historical motor vehicle reinspected under 500
division (C) of this section.
Sec. 4505.04. (A) No person acquiring a motor vehicle 509
from its owner, whether the owner is a manufacturer, importer, 510
dealer, or any other person, shall acquire any right, title, 511
13
claim, or interest in or to the motor vehicle until such person 512
has had THERE IS issued to him THE PERSON a certificate of title 514
to the motor vehicle, or delivered to him THE PERSON a 516
manufacturer's or importer's certificate for it; and no waiver or 518
estoppel operates in favor of such person against a person having 519
possession of the certificate of title to, or manufacturer's or 520
importer's certificate for, the motor vehicle, for a valuable 521
consideration.
(B) Subject to division (C) of this section, no court 523
shall recognize the right, title, claim, or interest of any 524
person in or to any motor vehicle sold or disposed of, or 525
mortgaged or encumbered, unless evidenced: 526
(1) By a certificate of title, a manufacturer's or 528
importer's certificate, or a certified receipt of title 529
cancellation to an exported motor vehicle issued in accordance 530
with sections 4505.01 to 4505.21 of the Revised Code; 531
(2) By admission in the pleadings or stipulation of the 533
parties; 534
(3) In an action by a secured party to enforce a security 536
interest perfected under sections 1309.01 to 1309.50 of the 537
Revised Code in accordance with division (A) of section 4505.13 538
of the Revised Code, by an instrument showing a valid security 539
interest. 540
(C)(1) As used in this division (C) OF THIS SECTION: 542
(a) "Harm" means damage or other loss. 544
(b) "LEASE AGREEMENT" INCLUDES A SUBLEASE AGREEMENT AS 546
DEFINED IN DIVISION (C)(1)(d) OF THIS SECTION. 548
(c) "LESSEE" INCLUDES A SUBLESSEE UNDER A SUBLEASE 550
AGREEMENT, BUT ONLY IF THE SUBLESSEE IS A MOTOR VEHICLE LEASING 551
DEALER LICENSED UNDER CHAPTER 4517. OF THE REVISED CODE. 552
(d) "SUBLEASE AGREEMENT" MEANS A LEASE OF A MOTOR VEHICLE 555
BETWEEN A MOTOR VEHICLE LEASING DEALER LICENSED UNDER CHAPTER 556
4517. OF THE REVISED CODE AND A SECOND SUCH DULY LICENSED MOTOR 559
VEHICLE LEASING DEALER. 561
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(e) "Tort action" means a civil action for damages for 563
harm to a motor vehicle, other than a civil action for damages 564
for a breach of contract or another agreement between persons. 565
(2) Notwithstanding division DIVISIONS (A) AND (B) of this 568
section, if a motor vehicle that is the subject of a lease 569
agreement sustains harm during the term of that agreement and if 570
all of the following conditions are satisfied, the lessee may 571
commence a tort action in his THE LESSEE'S own name to recover 572
damages for the harm from the person allegedly responsible for 574
it:
(a) The lessee shall file with and attach to the complaint 576
in the tort action a copy of the lease agreement for PURSUANT TO 577
WHICH THE LESSEE IS RESPONSIBLE FOR DAMAGE TO the motor vehicle, 579
for purposes of establishing the ownership of the motor vehicle 580
and the interest of the lessee in it;
(b) The harm to the motor vehicle shall be such that, 582
under the lease agreement, the lessee BRINGING THE ACTION is 583
legally responsible for the repair of the harm; 585
(c) The lessee shall cause a copy of the complaint in the 587
tort action to be served upon the owner of the motor vehicle AND 588
UPON ANY OTHER LESSEE OF THE VEHICLE in accordance with the Rules 590
of Civil Procedure.
Sec. 4505.06. (A) Application for a certificate of title 599
shall be made upon IN a form prescribed by the registrar of motor 601
vehicles, and shall be sworn to before a notary public or other 602
officer empowered to administer oaths. The application shall be 603
filed with the clerk of the court of common pleas of the county 604
in which the applicant resides if the applicant is a resident of 605
this state or, if not a resident, in the county in which the 606
transaction is consummated. The AN APPLICATION FOR A CERTIFICATE 608
OF TITLE MAY BE FILED ELECTRONICALLY BY ELECTRONIC IMAGE 609
TRANSMISSION IN ANY COUNTY IN WHICH THE CLERK OF THE COURT OF 610
COMMON PLEAS PERMITS AN APPLICATION TO BE FILED ELECTRONICALLY. 611
THE SIGNATURE OF AN OFFICER EMPOWERED TO ADMINISTER OATHS THAT 612
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APPEARS ON AN APPLICATION FOR A CERTIFICATE OF TITLE, OR ON ANY 613
OTHER DOCUMENT REQUIRED TO BE FILED BY THIS CHAPTER THAT HAS BEEN 614
FILED ELECTRONICALLY, IS NOT A FACSIMILE SIGNATURE AS DEFINED IN 616
SECTION 9.10 OF THE REVISED CODE. ANY PAYMENTS REQUIRED BY THIS 619
CHAPTER SHALL BE CONSIDERED AS ACCOMPANYING ANY ELECTRONICALLY 620
TRANSMITTED APPLICATION WHEN PAYMENT ACTUALLY IS RECEIVED BY THE 621
CLERK. PAYMENT OF ANY FEE OR TAXES MAY BE MADE BY ELECTRONIC 622
TRANSFER OF FUNDS.
THE application FOR A CERTIFICATE OF TITLE shall be 624
accompanied by the fee prescribed in section 4505.09 of the 625
Revised Code; and if a certificate of title previously has been 626
issued for the motor vehicle in this state, it shall be 627
accompanied by that certificate of title duly assigned, unless 628
otherwise provided in this chapter. If a certificate of title 629
previously has not been issued for the motor vehicle in this 630
state, the application, unless otherwise provided in this 631
chapter, shall be accompanied by a manufacturer's or importer's 632
certificate or by a certificate of title, bill of sale, or other 635
evidence of ownership required by the law of another state from 636
which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered 637
in another state, the application also shall be accompanied by 638
the physical inspection certificate required by section 4505.061 639
of the Revised Code. If the application is made by two persons 640
regarding a motor vehicle in which they wish to establish joint 641
ownership with right of survivorship they may do so as provided 642
in section 2106.17 of the Revised Code. The clerk shall retain 643
the evidence of title presented by the applicant and on which the 644
certificate of title is issued. The clerk shall use reasonable 645
diligence in ascertaining whether or not the facts in the 646
application are true by checking the application and documents 647
accompanying it with the records of motor vehicles in the clerk's 648
office; if satisfied that the applicant is the owner of the motor 649
vehicle and that the application is in the proper form, the 650
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clerk, within five business days after the application is filed, 651
shall issue a certificate of title over the clerk's signature and 652
sealed with the clerk's seal. For purposes of the transfer of a 653
certificate of title, if the clerk is satisfied that the secured 654
party has duly discharged a lien notation, but has not canceled 655
the lien notation with the clerk of the county of origin, the 656
clerk may cancel the lien notation on the automated title 657
processing system and notify the clerk of the county of origin. 658
In the case of the sale of a motor vehicle TO A GENERAL 660
BUYER OR USER by a dealer, BY A MOTOR VEHICLE LEASING DEALER 661
SELLING THE MOTOR VEHICLE TO THE LESSEE OR, IN A CASE IN WHICH 663
THE LEASING DEALER SUBLEASED THE MOTOR VEHICLE, THE SUBLESSEE, AT 664
THE END OF THE LEASE AGREEMENT OR SUBLEASE AGREEMENT, or BY a 666
manufactured home broker to a general buyer or user, the 667
certificate of title shall be obtained in the name of the buyer 668
by the dealer, LEASING DEALER, or the manufactured home broker, 670
AS THE CASE MAY BE, upon application signed by the buyer, and. 672
THE CERTIFICATE OF TITLE shall be issued within five business 673
days after the application for title is filed with the clerk. IF 674
THE BUYER OF THE MOTOR VEHICLE PREVIOUSLY LEASED THE MOTOR
VEHICLE AND IS BUYING THE MOTOR VEHICLE AT THE END OF THE LEASE 676
PURSUANT TO THAT LEASE, THE CERTIFICATE OF TITLE SHALL BE 678
OBTAINED IN THE NAME OF THE BUYER BY THE MOTOR VEHICLE LEASING 679
DEALER WHO PREVIOUSLY LEASED THE MOTOR VEHICLE TO THE BUYER OR BY 680
THE MOTOR VEHICLE LEASING DEALER WHO SUBLEASED THE MOTOR VEHICLE
TO THE BUYER UNDER A SUBLEASE AGREEMENT. 681
In all other cases, except as provided in division (D)(2) 683
of section 4505.11 of the Revised Code, such certificates shall 684
be obtained by the buyer. In all cases of transfer of a motor 686
vehicle, the application for certificate of title shall be filed 687
within thirty days after the assignment or delivery of the motor 688
vehicle. If an application for a certificate of title is not 689
filed within that period, the clerk shall collect a fee of five 690
dollars for the issuance of the certificate, except that no such 691
17
fee shall be required from a motor vehicle salvage dealer, as 692
defined in division (A) of section 4738.01 of the Revised Code, 693
who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees 694
established by this chapter, and shall be retained by the clerk. 695
The registrar shall provide, on the certificate of title form 696
prescribed by section 4505.07 of the Revised Code, language 697
necessary to give evidence of the date on which the assignment or 698
delivery of the motor vehicle was made. 699
AS USED IN THIS DIVISION, "LEASE AGREEMENT," "LESSEE," AND 701
"SUBLEASE AGREEMENT" HAVE THE SAME MEANINGS AS IN SECTION 4505.04 702
OF THE REVISED CODE.
(B) The clerk, except as provided in this section, shall 704
refuse to accept for filing any application for a certificate of 705
title and shall refuse to issue a certificate of title unless the 706
dealer or manufactured home broker or the applicant, in cases in 707
which the certificate shall be obtained by the buyer, submits 708
with the application payment of the tax levied by or pursuant to 709
Chapters 5739. and 5741. of the Revised Code. Upon payment of 710
the tax in accordance with division (E) of this section, the 711
clerk shall issue a receipt prescribed by the registrar and 712
agreed upon by the tax commissioner showing payment of the tax or 713
a receipt issued by the commissioner showing the payment of the 714
tax. When submitting payment of the tax to the clerk, a dealer 715
shall retain any discount to which the dealer is entitled under 716
section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk, 718
the clerk may retain a poundage fee of one and one one-hundredth 719
per cent, which shall be paid into the certificate of title 720
administration fund created by section 325.33 of the Revised 722
Code.
In the case of casual sales of motor vehicles, as defined 724
in section 4517.01 of the Revised Code, the price for the purpose 726
of determining the tax shall be the purchase price on the 727
18
assigned certificate of title executed by the seller and filed 728
with the clerk by the buyer on a form to be prescribed by the 729
registrar, which shall be prima-facie evidence of the amount for 730
the determination of the tax.
(C)(1) If the transferor indicates on the certificate of 732
title that the odometer reflects mileage in excess of the 733
designed mechanical limit of the odometer, the clerk shall enter 734
the phrase "exceeds mechanical limits" following the mileage 735
designation. If the transferor indicates on the certificate of 736
title that the odometer reading is not the actual mileage, the 737
clerk shall enter the phrase "nonactual: warning - odometer 739
discrepancy" following the mileage designation. The clerk shall
use reasonable care in transferring the information supplied by 741
the transferor, but is not liable for any errors or omissions of 742
the clerk or those of the clerk's deputies in the performance of 743
the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the 745
transferor shall swear to the true selling price and, except as 746
provided in this division, the true odometer reading of the motor 747
vehicle. The registrar may prescribe an affidavit in which the 748
seller and buyer provide information pertaining to the odometer 749
reading of the motor vehicle in addition to that required by this 750
section, as such information may be required by the United States 751
secretary of transportation by rule prescribed under authority of 752
subchapter IV of the "Motor Vehicle Information and Cost Savings 753
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. 754
(2) Division (C)(1) of this section does not require the 757
giving of information concerning the odometer and odometer 758
reading of a motor vehicle when ownership of a motor vehicle is 759
being transferred as a result of a bequest, under the laws of 760
intestate succession, to a surviving spouse pursuant to section 761
2106.17, 2106.18, or 4505.10 of the Revised Code, or in 762
connection with the creation of a security interest. 763
(D) When the transfer to the applicant was made in some 765
19
other state or in interstate commerce, the clerk, except as 766
provided in this section, shall refuse to issue any certificate 767
of title unless the tax imposed by or pursuant to Chapter 5741. 769
of the Revised Code has been paid as evidenced by a receipt 770
issued by the tax commissioner, or unless the applicant submits 771
with the application payment of the tax. Upon payment of the tax 772
in accordance with division (E) of this section, the clerk shall 773
issue a receipt prescribed by the registrar and agreed upon by 775
the tax commissioner, showing payment of the tax. For receiving 776
and disbursing such taxes paid to the clerk, the clerk may retain 777
a poundage fee of one per cent. When the vendor is not regularly 778
engaged in the business of selling motor vehicles, the vendor 780
shall not be required to purchase a vendor's license or make 781
reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, 783
or by certified check, draft, or money order payable to the clerk 784
and submitted with an application for a certificate of title 786
under division (B) or (D) of this section. The clerk also may 787
accept payment of the tax by corporate, business, or personal 788
check, credit card, electronic transfer or wire transfer, debit 789
card, or any other accepted form of payment made payable to the 790
clerk. The clerk may require bonds, guarantees, or letters of 791
credit to ensure the collection of corporate, business, or 792
personal checks. Any service fee charged by a third party to a 793
clerk for the use of any form of payment may be paid by the clerk 794
from the certificate of title administration fund created in 795
section 325.33 of the Revised Code, or may be assessed by the 796
clerk upon the applicant as an additional fee. Upon collection, 797
the additional fees shall be paid by the clerk into that
certificate of title administration fund. 798
The clerk shall make a good faith effort to collect any 800
payment of taxes due but not made because the payment was 801
returned or dishonored, but the clerk is not personally liable 802
for the payment of uncollected taxes or uncollected fees. The 803
20
clerk shall notify the tax commissioner of any such payment of 804
taxes that is due but not made and shall furnish such information 805
to the commissioner as the commissioner requires. The clerk 806
shall deduct the amount of taxes due but not paid from the 807
clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner 808
may collect taxes due by assessment in the manner provided in 809
section 5739.13 of the Revised Code.
Any person who presents payment that is returned or 811
dishonored for any reason is liable to the clerk for payment of a 812
penalty over and above the amount of the taxes due. The clerk 813
shall determine the amount of the penalty, which shall be no 814
greater than that amount necessary to compensate the clerk for 815
banking charges, legal fees, or other expenses incurred by the
clerk in collecting the returned or dishonored payment. The 816
remedies and procedures provided in this section are in addition 817
to any other available civil or criminal remedies. Subsequently 818
collected penalties, poundage, and title fees, less any title fee 820
due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title 821
administration fund. Subsequently collected taxes, less 822
poundage, shall be sent by the clerk to the treasurer of state at 823
the next scheduled periodic remittance of tax payments, with such 824
information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division. 825
(F) In the following cases, the clerk shall accept for 827
filing such application and shall issue a certificate of title 828
without requiring payment or evidence of payment of the tax: 829
(1) When the purchaser is this state or any of its 831
political subdivisions, a church, or an organization whose 832
purchases are exempted by section 5739.02 of the Revised Code; 833
(2) When the transaction in this state is not a retail 835
sale as defined by section 5739.01 of the Revised Code; 836
(3) When the purchase is outside this state or in 838
21
interstate commerce and the purpose of the purchaser is not to 839
use, store, or consume within the meaning of section 5741.01 of 840
the Revised Code; 841
(4) When the purchaser is the federal government; 843
(5) When the motor vehicle was purchased outside this 845
state for use outside this state; 846
(6) When the motor vehicle is purchased by a nonresident 848
of this state for immediate removal from this state, and will be 849
permanently titled and registered in another state, as provided 850
by division (B)(23) of section 5739.02 of the Revised Code, and 851
upon presentation of a copy of the affidavit provided by that 852
section, and a copy of the exemption certificate provided by 853
section 5739.03 of the Revised Code. 854
The clerk shall forward all payments of taxes, less 856
poundage fee, to the treasurer of state in a manner to be 857
prescribed by the tax commissioner and shall furnish such 858
information to the commissioner as the commissioner requires. 859
(G) An application, as prescribed by the registrar and 862
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 863
application shall contain the following notice in bold lettering: 864
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You 865
are required by law to state the true selling price. A false 866
statement is in violation of section 2921.13 of the Revised Code 868
and is punishable by six months imprisonment or a fine of up to 869
one thousand dollars, or both. All transfers are audited by the 870
department of taxation. The seller and buyer must provide any 871
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." 872
Sec. 4506.01. As used in this chapter: 881
(A) "Alcohol concentration" means the concentration of 883
alcohol in a person's blood, breath, or urine. When expressed as 884
a percentage, it means grams of alcohol per the following: 885
(1) One hundred milliliters of blood; 887
22
(2) Two hundred ten liters of breath; 889
(3) One hundred milliliters of urine. 891
(B) "School bus" has the same meaning as in section 893
4511.01 of the Revised Code. 894
(C) "Commercial driver's license" means a license issued 896
in accordance with this chapter that authorizes an individual to 897
drive a commercial motor vehicle. 898
(D) "Commercial driver license information system" means 900
the information system established pursuant to the requirements 901
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 902
3207-171, 49 U.S.C.A. App. 2701. 903
(E) "Commercial EXCEPT WHEN USED IN SECTION 4506.25 OF THE 906
REVISED CODE, "COMMERCIAL motor vehicle" means any motor vehicle 909
designed or used to transport persons or property that meets any 910
of the following qualifications: 911
(1) Any combination of vehicles with a combined gross 913
vehicle weight rating of twenty-six thousand one pounds or more, 914
provided the gross vehicle weight rating of the vehicle or 915
vehicles being towed is in excess of ten thousand pounds; 916
(2) Any single vehicle with a gross vehicle weight rating 918
of twenty-six thousand one pounds or more, or any such vehicle 919
towing a vehicle having a gross vehicle weight rating that is not 920
in excess of ten thousand pounds; 921
(3) Any single vehicle or combination of vehicles that is 923
not a class A or class B vehicle, but that either is designed to 924
transport sixteen or more passengers including the driver, or is 925
placarded for hazardous materials; 926
(4) Any school bus with a gross vehicle weight rating of 929
less than twenty-six thousand one pounds that is designed to 930
transport fewer than sixteen passengers including the driver; 931
(5) Is transporting hazardous materials for which 933
placarding is required by regulations adopted under the 934
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 935
49 U.S.C.A. 1801, as amended; 936
23
(6) Any single vehicle or combination of vehicles that is 938
designed to be operated and to travel on a public street or 939
highway and is considered by the federal highway administration 940
to be a commercial motor vehicle, including, but not limited to, 941
a motorized crane, a vehicle whose function is to pump cement, a 942
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 944
(1) Any substance classified as a controlled substance 946
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 947
U.S.C.A. 802(6), as amended; 948
(2) Any substance included in schedules I through V of 21 950
C.F.R. part 1308, as amended; 951
(3) Any drug of abuse. 953
(G) "Conviction" means an unvacated adjudication of guilt 955
or a determination that a person has violated or failed to comply 956
with the law in a court of original jurisdiction, an unvacated 957
forfeiture of bail or collateral deposited to secure the person's 959
appearance in court, the payment of a fine or court cost, or 960
violation of a condition of release without bail, regardless of 961
whether or not the penalty is rebated, suspended, or probated. 962
(H) "Disqualification" means withdrawal of the privilege 964
to drive a commercial motor vehicle. 965
(I) "Drive" means to drive, operate, or be in physical 967
control of a motor vehicle. 968
(J) "Driver" means any person who drives, operates, or is 970
in physical control of a commercial motor vehicle or is required 971
to have a commercial driver's license. 972
(K) "Driver's license" means a license issued by the 974
bureau of motor vehicles that authorizes an individual to drive. 975
(L) "Drug of abuse" means any controlled substance, 977
dangerous drug as defined in section 4729.02 of the Revised Code, 978
or over-the-counter medication that, when taken in quantities 979
exceeding the recommended dosage, can result in impairment of 980
judgment or reflexes. 981
24
(M) "Employer" means any person, including the federal 983
government, any state, and a political subdivision of any state, 984
that owns or leases a commercial motor vehicle or assigns a 985
person to drive such a motor vehicle. 986
(N) "Endorsement" means an authorization on a person's 988
commercial driver's license that is required to permit the person 989
to operate a specified type of commercial motor vehicle. 990
(O) "Felony" means any offense under federal or state law 992
that is punishable by death or specifically classified as a 993
felony under the law of this state, regardless of the penalty 994
that may be imposed. 995
(P) "Foreign jurisdiction" means any jurisdiction other 997
than a state. 998
(Q) "Gross vehicle weight rating" means the value 1,000
specified by the manufacturer as the maximum loaded weight of a 1,001
single or a combination vehicle. The gross vehicle weight rating 1,002
of a combination vehicle is the gross vehicle weight rating of 1,003
the power unit plus the gross vehicle weight rating of each towed 1,004
unit. 1,005
(R) "Hazardous materials" means materials identified as 1,007
such under regulations adopted under the "Hazardous Materials 1,008
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 1,009
amended. 1,010
(S) "Motor vehicle" has the same meaning as in section 1,012
4511.01 of the Revised Code. 1,013
(T) "Out-of-service EXCEPT WHEN USED IN SECTIONS 4506.25 1,016
AND 4506.26 OF THE REVISED CODE, "OUT-OF-SERVICE order" means a 1,019
temporary prohibition against driving a commercial motor vehicle 1,020
issued under this chapter or a similar law of another state or of 1,021
a foreign jurisdiction. 1,022
(U) "Residence" means any person's residence determined in 1,024
accordance with standards prescribed in rules adopted by the 1,026
registrar.
(V) "Temporary residence" means residence on a temporary 1,028
25
basis as determined by the registrar in accordance with standards 1,029
prescribed in rules adopted by the registrar. 1,030
(W) "Serious traffic violation" means a conviction arising 1,032
from the operation of a commercial motor vehicle that involves 1,033
any of the following: 1,034
(1) A single charge of any speed that is in excess of the 1,036
posted speed limit by an amount specified by the United States 1,037
secretary of transportation and that the director of public 1,038
safety designates as such by rule; 1,039
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 1,041
the Revised Code or any similar ordinance or resolution, or of 1,042
any similar law of another state or political subdivision of 1,043
another state; 1,044
(3) Violation of a law of this state or an ordinance or 1,046
resolution relating to traffic control, other than a parking 1,047
violation, or of any similar law of another state or political 1,048
subdivision of another state, that results in a fatal accident; 1,049
(4) Violation of any other law of this state or an 1,051
ordinance or resolution relating to traffic control, other than a 1,052
parking violation, that is determined to be a serious traffic 1,053
violation by the United States secretary of transportation and 1,054
the director designates as such by rule. 1,055
(X) "State" means a state of the United States and 1,057
includes the District of Columbia. 1,058
(Y) "Tank vehicle" means any commercial motor vehicle that 1,060
is designed to transport any liquid or gaseous materials within a 1,061
tank that is either permanently or temporarily attached to the 1,062
vehicle or its chassis, but does not include any portable tank 1,063
having a rated capacity of less than one thousand gallons. 1,064
(Z) "United States" means the fifty states and the 1,066
District of Columbia. 1,067
(AA) "Vehicle" has the same meaning as in section 4511.01 1,069
of the Revised Code. 1,070
(BB) "Peace officer" has the same meaning as in section 1,072
26
2935.01 of the Revised Code. 1,073
Sec. 4506.02. (A) Nothing in this chapter applies to any 1,082
person when engaged in the operation of any of the following: 1,083
(1) A farm truck; 1,085
(2) Fire equipment for a fire department, volunteer or 1,087
nonvolunteer fire company, fire district, or joint fire district; 1,088
(3) A public safety vehicle used to provide transportation 1,090
or emergency medical service for ill or injured persons; 1,091
(4) A recreational vehicle; 1,093
(5) A commercial motor vehicle within the boundaries of an 1,095
eligible unit of local government, if the person is employed by 1,096
the eligible unit of local government and is operating the 1,097
commercial motor vehicle for the purpose of removing snow or ice 1,098
from a roadway by plowing, sanding, or salting, but only if 1,099
either the employee who holds a commercial driver's license
issued under this chapter and ordinarily operates a commercial 1,100
motor vehicle for these purposes is unable to operate the 1,101
vehicle, or the employing eligible unit of local government 1,102
determines that a snow or ice emergency exists that requires
additional assistance; 1,103
(6) A vehicle owned by the department of defense and 1,105
operated by any member or uniformed employee of the armed forces 1,106
of the United States or their reserve components, including the 1,107
Ohio national guard. This exception does not apply to United 1,108
States reserve technicians.
(7) A COMMERCIAL MOTOR VEHICLE THAT IS OPERATED FOR 1,111
NONBUSINESS PURPOSES. "OPERATED FOR NONBUSINESS PURPOSES" MEANS 1,112
THAT THE COMMERCIAL MOTOR VEHICLE IS NOT USED IN COMMERCE AS 1,113
"COMMERCE" IS DEFINED IN 49 C.F.R. 383.5, AS AMENDED, AND IS NOT 1,115
REGULATED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO CHAPTER 1,116
4919., 4921., OR 4923. OF THE REVISED CODE. 1,119
Nothing contained in division (A)(5) of this section shall 1,121
be construed as preempting or superseding any law, rule, or 1,122
regulation of this state concerning the safe operation of 1,123
27
commercial motor vehicles.
(B) As used in this section: 1,125
(1) "Eligible unit of local government" means a village, 1,127
township, or county that has a population of not more than three 1,128
thousand persons according to the most recent federal census. 1,129
(2) "Farm truck" means a truck controlled and operated by 1,131
a farmer for use in the transportation to or from a farm, for a 1,132
distance of no more than one hundred fifty miles, of products of 1,133
the farm, including livestock and its products, poultry and its 1,134
products, floricultural and horticultural products, and in the 1,135
transportation to the farm, from a distance of no more than one 1,136
hundred fifty miles, of supplies for the farm, including tile, 1,137
fence, and every other thing or commodity used in agricultural, 1,138
floricultural, horticultural, livestock, and poultry production, 1,139
and livestock, poultry, and other animals and things used for 1,140
breeding, feeding, or other purposes connected with the operation 1,141
of the farm, when the truck is operated in accordance with this 1,142
division and is not used in the operations of a motor 1,143
transportation company or private motor carrier. 1,144
(3) "Public safety vehicle" has the same meaning as in 1,146
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. 1,147
(4) "Recreational vehicle" includes every vehicle that is 1,149
defined as a recreational vehicle in section 4501.01 of the 1,150
Revised Code and is used exclusively for purposes other than 1,151
engaging in business for profit. 1,152
Sec. 4506.11. (A) Every commercial driver's license shall 1,161
be marked "commercial driver's license" or "CDL" and shall be of 1,162
such material and so designed as to prevent its reproduction or 1,163
alteration without ready detection, and, to this end, shall be 1,164
laminated with a transparent plastic material. The commercial 1,165
driver's license for licensees under twenty-one years of age 1,166
shall have characteristics prescribed by the registrar of motor 1,167
vehicles distinguishing it from that issued to a licensee who is 1,168
twenty-one years of age or older. Every commercial driver's 1,170
28
license shall contain DISPLAY all of the following information: 1,171
(1) The name and residence address of the licensee; 1,173
(2) A color photograph of the licensee; 1,175
(3) A physical description of the licensee, including sex, 1,178
height, weight, and color of eyes and hair; 1,179
(4) The licensee's date of birth; 1,181
(5) The licensee's social security number and any number 1,183
or other identifier the director of public safety considers 1,184
appropriate and establishes by rules adopted under Chapter 119. 1,185
of the Revised Code and in compliance with federal law;. IF THE 1,187
LICENSEE REQUESTS THAT THE LICENSEE'S COMMERCIAL DRIVER'S LICENSE
NOT DISPLAY THE LICENSEE'S SOCIAL SECURITY NUMBER, THE LICENSE 1,188
SHALL NOT DISPLAY THE NUMBER UNLESS DISPLAY OF THE NUMBER IS 1,189
REQUIRED BY FEDERAL LAW. 1,190
(6) The licensee's signature; 1,192
(7) The classes of commercial motor vehicles the licensee 1,194
is authorized to drive and any endorsements or restrictions 1,195
relating to his THE LICENSEE'S driving of those vehicles; 1,196
(8) A space marked "blood type" in which the licensee may 1,198
specify his THE LICENSEE'S blood type; 1,199
(9) The name of this state; 1,201
(10) The dates of issuance and of expiration of the 1,203
license; 1,204
(11) If the licensee has certified willingness to make an 1,206
anatomical donation under section 2108.04 of the Revised Code, 1,207
any symbol chosen by the registrar of motor vehicles to indicate 1,208
that the licensee has certified that willingness; 1,209
(12) On and after May 1, 1993, if IF the licensee has 1,211
executed a durable power of attorney for health care or a 1,212
declaration governing the use or continuation, or the withholding 1,213
or withdrawal, of life-sustaining treatment and has specified 1,214
that he THE LICENSEE wishes his THE license to indicate that he 1,216
THE LICENSEE has executed either type of instrument, any symbol 1,217
chosen by the registrar to indicate that the licensee has 1,218
29
executed either type of instrument;
(13) Any other information the registrar considers 1,220
advisable and requires by rule. 1,221
(B) The registrar may establish and maintain a file of 1,223
negatives of photographs taken for the purposes of this section. 1,224
(C) Neither the registrar nor any deputy registrar shall 1,226
issue a commercial driver's license to anyone under twenty-one 1,227
years of age that does not have the characteristics prescribed by 1,228
the registrar distinguishing it from the commercial driver's 1,229
license issued to persons who are twenty-one years of age or 1,230
older.
Sec. 4506.25. (A) AS USED IN THIS SECTION: 1,233
(1) "COMMERCIAL MOTOR VEHICLE" MEANS ANY SELF-PROPELLED OR 1,236
TOWED VEHICLE USED ON PUBLIC HIGHWAYS IN INTRASTATE OR INTERSTATE 1,237
COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY THAT MEETS ANY OF 1,238
THE FOLLOWING SPECIFICATIONS:
(a) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OR GROSS 1,241
COMBINATION WEIGHT RATING OF TEN THOUSAND ONE POUNDS OR MORE. 1,242
(b) THE VEHICLE IS DESIGNED TO TRANSPORT SIXTEEN OR MORE 1,245
PASSENGERS, INCLUDING THE DRIVER.
(c) THE VEHICLE IS USED IN THE TRANSPORTATION OF HAZARDOUS 1,248
MATERIALS IN A QUANTITY REQUIRING PLACARDING UNDER THE
REGULATIONS ISSUED BY THE UNITED STATES SECRETARY OF 1,251
TRANSPORTATION UNDER THE "HAZARDOUS MATERIALS TRANSPORTATION 1,256
ACT," 88 STAT. 2156 (1975), 49 U.S.C.A. 1801, AS AMENDED. 1,259
(2) "OUT-OF-SERVICE ORDER" MEANS A DECLARATION BY AN 1,261
AUTHORIZED ENFORCEMENT OFFICER OF A FEDERAL, STATE, LOCAL, 1,263
CANADIAN, OR MEXICAN JURISDICTION DECLARING THAT A DRIVER, 1,265
COMMERCIAL MOTOR VEHICLE, OR COMMERCIAL MOTOR CARRIER OPERATION 1,266
IS OUT OF SERVICE PURSUANT TO 49 C.F.R. 386.72, 392.5, 395.13, OR 1,268
396.9, AS AMENDED, LAWS EQUIVALENT TO THOSE PROVISIONS, OR THE 1,269
NORTH AMERICAN UNIFORM OUT-OF-SERVICE CRITERIA. 1,271
(B) THE REGISTRAR OF MOTOR VEHICLES SHALL DISQUALIFY ANY 1,274
PERSON FROM OPERATING A COMMERCIAL MOTOR VEHICLE WHO RECEIVES A 1,275
30
NOTICE OF A CONVICTION FOR VIOLATION OF AN OUT-OF-SERVICE ORDER 1,276
ISSUED UNDER RULES OF THE PUBLIC UTILITIES COMMISSION ADOPTED 1,277
PURSUANT TO SECTION 4919.79, 4921.04, OR 4923.20 OF THE REVISED 1,280
CODE, OR A CONVICTION FOR A VIOLATION OF THE SAME OR SIMILAR LAWS 1,281
OF ANOTHER STATE OR JURISDICTION APPLICABLE TO VEHICLES IN 1,282
REGULATED COMMERCE. 1,283
Sec. 4506.26. (A) AS USED IN THIS SECTION, 1,286
"OUT-OF-SERVICE ORDER" HAS THE SAME MEANING AS IN DIVISION (A)(2) 1,287
OF SECTION 4506.25 OF THE REVISED CODE. 1,290
(B) ANY PERSON WHO IS FOUND TO HAVE BEEN CONVICTED OF A 1,293
VIOLATION OF AN OUT-OF-SERVICE ORDER SHALL BE DISQUALIFIED BY THE 1,294
REGISTRAR OF MOTOR VEHICLES AS FOLLOWS: 1,295
(1) IF THE PERSON HAS NOT BEEN CONVICTED PREVIOUSLY OF A 1,297
VIOLATION OF AN OUT-OF-SERVICE ORDER, THE PERIOD OF 1,298
DISQUALIFICATION IS NINETY DAYS. 1,299
(2) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS 1,301
CONVICTED OF A SECOND VIOLATION OF AN OUT-OF-SERVICE ORDER IN AN 1,302
INCIDENT SEPARATE FROM THE INCIDENT THAT RESULTED IN THE FIRST 1,303
VIOLATION, THE PERIOD OF DISQUALIFICATION IS ONE YEAR. 1,305
(3) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS 1,307
CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF AN OUT-OF-SERVICE 1,309
ORDER IN AN INCIDENT SEPARATE FROM THE INCIDENTS THAT RESULTED IN 1,310
THE PREVIOUS VIOLATIONS DURING THAT TEN-YEAR PERIOD, THE PERIOD 1,311
OF DISQUALIFICATION IS THREE YEARS. 1,312
(C)(1) A DRIVER IS DISQUALIFIED FOR ONE HUNDRED EIGHTY 1,315
DAYS IF THE DRIVER IS CONVICTED OF A FIRST VIOLATION OF AN 1,317
OUT-OF-SERVICE ORDER WHILE TRANSPORTING HAZARDOUS MATERIALS 1,318
REQUIRED TO BE PLACARDED UNDER THE "HAZARDOUS MATERIALS 1,321
TRANSPORTATION ACT," 88 STAT. 2156 (1975), 49 U.S.C.A. 1801, AS 1,325
AMENDED, OR WHILE OPERATING A MOTOR VEHICLE DESIGNED TO TRANSPORT 1,326
SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER. 1,327
(2) A DRIVER IS DISQUALIFIED FOR A PERIOD OF THREE YEARS 1,330
IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS CONVICTED OF A 1,331
SECOND OR SUBSEQUENT VIOLATION, IN AN INCIDENT SEPARATE FROM THE 1,332
31
INCIDENT THAT RESULTED IN A PREVIOUS VIOLATION DURING THAT 1,333
TEN-YEAR PERIOD, OF AN OUT-OF-SERVICE ORDER WHILE TRANSPORTING 1,334
HAZARDOUS MATERIALS REQUIRED TO BE PLACARDED UNDER THAT ACT, OR 1,335
WHILE OPERATING A MOTOR VEHICLE DESIGNED TO TRANSPORT SIXTEEN OR 1,336
MORE PASSENGERS, INCLUDING THE DRIVER. 1,337
Sec. 4507.13. (A) The registrar of motor vehicles shall 1,348
issue a driver's license to every person licensed as an operator 1,349
of motor vehicles other than commercial motor vehicles. No 1,350
person licensed as a commercial motor vehicle driver under 1,351
Chapter 4506. of the Revised Code need procure a driver's 1,352
license, but no person shall drive any commercial motor vehicle 1,353
unless licensed as a commercial motor vehicle driver. 1,354
Every driver's license shall bear DISPLAY on it the 1,356
distinguishing number assigned to the licensee and shall contain 1,358
DISPLAY the licensee's name, date of birth, AND, EXCEPT AS 1,360
OTHERWISE PROVIDED IN THIS SECTION, THE LICENSEE'S social 1,362
security number if such number has been assigned; the licensee's 1,363
residence address and county of residence; a color photograph of 1,364
the licensee; a brief description of the licensee for the purpose 1,365
of identification; a facsimile of the signature of the licensee 1,366
as it appears on the application for the license; a space marked 1,367
"blood type" in which a licensee may specify the licensee's blood 1,369
type; a notation, in a manner prescribed by the registrar,
indicating any condition described in division (D) of section 1,370
4507.08 of the Revised Code to which the licensee is subject; on 1,371
and after May 1, 1993, if the licensee has executed a durable 1,372
power of attorney for health care or a declaration governing the 1,373
use or continuation, or the withholding or withdrawal, of 1,374
life-sustaining treatment and has specified that the licensee 1,375
wishes the license to indicate that the licensee has executed 1,377
either type of instrument, any symbol chosen by the registrar to 1,378
indicate that the licensee has executed either type of 1,379
instrument; and any additional information that the registrar 1,380
requires by rule. A LICENSE SHALL DISPLAY THE LICENSEE'S SOCIAL 1,381
32
SECURITY NUMBER UNLESS THE LICENSEE SPECIFICALLY REQUESTS THAT 1,382
THE LICENSEE'S SOCIAL SECURITY NUMBER NOT BE DISPLAYED ON THE 1,383
LICENSE. IF FEDERAL LAW REQUIRES THE LICENSEE'S SOCIAL SECURITY 1,384
NUMBER TO BE DISPLAYED ON THE LICENSE, THE SOCIAL SECURITY NUMBER
SHALL BE DISPLAYED ON THE LICENSE NOTWITHSTANDING A REQUEST TO 1,385
NOT DISPLAY THE NUMBER PURSUANT TO THIS SECTION. 1,386
The driver's license for licensees under twenty-one years 1,388
of age shall have characteristics prescribed by the registrar 1,389
distinguishing it from that issued to a licensee who is 1,390
twenty-one years of age or older, except that a driver's license 1,391
issued to a person who applies no more than thirty days before 1,392
the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one 1,393
year YEARS of age or older. 1,394
The driver's license issued to a temporary resident shall 1,396
contain the word "nonrenewable" and shall have any additional 1,397
characteristics prescribed by the registrar distinguishing it 1,398
from a license issued to a resident.
Every driver's or commercial driver's license bearing 1,400
DISPLAYING a motorcycle operator's endorsement and every 1,402
restricted license to operate a motor vehicle also shall bear 1,403
DISPLAY the designation "novice," if the endorsement or license 1,405
is issued to a person who is eighteen years of age or older and 1,406
previously has not been licensed to operate a motorcycle by this 1,407
state or another jurisdiction recognized by this state. The 1,408
"novice" designation shall be effective for one year after the 1,409
date of issuance of the motorcycle operator's endorsement or 1,410
license.
Each license issued under this section shall be of such 1,412
material and so designed as to prevent its reproduction or 1,413
alteration without ready detection and, to this end, shall be 1,414
laminated with a transparent plastic material. 1,415
(B) Except in regard to a driver's license issued to a 1,417
person who applies no more than thirty days before the 1,418
33
applicant's twenty-first birthday, neither the registrar nor any 1,419
deputy registrar shall issue a driver's license to anyone under 1,421
twenty-one years of age that does not have the characteristics 1,422
prescribed by the registrar distinguishing it from the driver's 1,423
license issued to persons who are twenty-one years of age or
older. 1,424
(C) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 1,427
1999.
Sec. 4507.50. (A) The registrar of motor vehicles or a 1,436
deputy registrar, upon receipt of an application filed in 1,437
compliance with section 4507.51 of the Revised Code by any person 1,438
who is a resident or a temporary resident of this state and, 1,439
except as otherwise provided in this section, is not licensed as 1,440
an operator of a motor vehicle in this state or another licensing 1,441
jurisdiction, and, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 1,442
SECTION, upon receipt of a fee of three dollars and fifty cents, 1,443
shall issue an identification card to that person. 1,444
Any person who is a resident or temporary resident of this 1,446
state whose Ohio driver's or commercial driver's license has been 1,447
suspended or revoked, upon application in compliance with section 1,448
4507.51 of the Revised Code and, EXCEPT AS PROVIDED IN DIVISION 1,449
(B) IF THIS SECTION, payment of a fee of three dollars and fifty 1,451
cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an 1,452
identification card, except that it shall be printed on its face 1,453
with a statement that the card is valid during the effective 1,454
dates of the suspension or revocation of the cardholder's 1,455
license, or until the birthday of the cardholder in the fourth 1,456
year after the date on which it is issued, whichever is shorter. 1,457
The cardholder shall surrender the identification card to the 1,459
registrar or any deputy registrar before the cardholder's 1,460
driver's or commercial driver's license is restored or reissued. 1,461
The EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE 1,464
deputy registrar shall be allowed a fee of two dollars and 1,465
34
twenty-five cents for each identification card issued under this 1,466
section. The fee allowed to the deputy registrar shall be in 1,467
addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge 1,469
a fee in excess of one dollar and fifty cents for laminating an 1,470
identification card or temporary identification card. A deputy 1,471
registrar laminating such a card shall retain the entire amount 1,472
of the fee charged for lamination, less the actual cost to the 1,473
registrar of the laminating materials used for that lamination, 1,474
as specified in the contract executed by the bureau for the 1,475
laminating materials and laminating equipment. The deputy 1,476
registrar shall forward the amount of the cost of the laminating 1,477
materials to the registrar for deposit as provided in this 1,478
section. 1,479
The fee collected for issuing an identification card under 1,481
this section, except the fee allowed to the deputy registrar, 1,482
shall be paid into the state treasury to the credit of the state 1,483
bureau of motor vehicles fund created in section 4501.25 of the 1,484
Revised Code. 1,485
(B) A DISABLED VETERAN WHO HAS A SERVICE-CONNECTED 1,488
DISABILITY RATED AT ONE HUNDRED PER CENT BY THE VETERANS' 1,489
ADMINISTRATION MAY APPLY TO THE REGISTRAR OR A DEPUTY REGISTRAR 1,490
FOR THE ISSUANCE TO THAT VETERAN OF AN IDENTIFICATION CARD OR A 1,491
TEMPORARY IDENTIFICATION CARD UNDER THIS SECTION WITHOUT PAYMENT 1,492
OF ANY FEE PRESCRIBED IN DIVISION (A) OF THIS SECTION, INCLUDING 1,493
ANY LAMINATION FEE. 1,494
IF THE IDENTIFICATION CARD OR TEMPORARY IDENTIFICATION CARD 1,497
OF A DISABLED VETERAN DESCRIBED IN THIS DIVISION IS LAMINATED BY 1,498
A DEPUTY REGISTRAR WHO IS ACTING AS A DEPUTY REGISTRAR PURSUANT 1,499
TO A CONTRACT WITH THE REGISTRAR THAT IS IN EFFECT ON THE 1,500
EFFECTIVE DATE OF THIS AMENDMENT, THE DISABLED VETERAN SHALL PAY 1,501
THE DEPUTY REGISTRAR THE LAMINATION FEE PRESCRIBED IN DIVISION 1,503
(A) OF THIS SECTION. IF THE IDENTIFICATION CARD OR TEMPORARY 1,504
IDENTIFICATION CARD IS LAMINATED BY A DEPUTY REGISTRAR WHO IS 1,505
35
ACTING AS A DEPUTY REGISTRAR PURSUANT TO A CONTRACT WITH THE 1,506
REGISTRAR THAT IS EXECUTED AFTER THE EFFECTIVE DATE OF THIS 1,507
AMENDMENT, THE DISABLED VETERAN IS NOT REQUIRED TO PAY THE DEPUTY 1,508
REGISTRAR THE LAMINATION FEE PRESCRIBED IN DIVISION (A) OF THIS 1,510
SECTION.
A DISABLED VETERAN WHOSE IDENTIFICATION CARD OR TEMPORARY 1,513
IDENTIFICATION CARD IS LAMINATED BY THE REGISTRAR IS NOT REQUIRED 1,514
TO PAY THE REGISTRAR ANY LAMINATION FEE.
AN APPLICATION MADE UNDER DIVISION (A) OF THIS SECTION 1,517
SHALL BE ACCOMPANIED BY SUCH DOCUMENTARY EVIDENCE OF DISABILITY 1,518
AS THE REGISTRAR MAY REQUIRE BY RULE. 1,519
Sec. 4507.51. (A)(1) Every application for an 1,528
identification card or duplicate shall be made on a form 1,529
furnished by the registrar of motor vehicles, shall be signed by 1,530
the applicant, and by his THE APPLICANT'S parent or guardian if 1,531
the applicant is under eighteen years of age, and shall contain 1,533
the following information pertaining to the applicant: name, 1,534
date of birth, sex, general description including the applicant's 1,535
height, weight, hair color, and eye color, address, SOCIAL 1,536
SECURITY NUMBER, and at the option of the applicant, his social 1,538
security number, his blood type, or his social security number 1,540
and his THE APPLICANT'S blood type. The application form shall 1,542
state that an applicant is not required to furnish his social 1,543
security number or his THE APPLICANT'S blood type. The
application shall also SHALL state whether an applicant wishes to 1,545
certify willingness to make an anatomical gift under section 1,546
2108.04 of the Revised Code and shall include information about 1,547
the requirements of that section that apply to persons who are 1,548
less than eighteen years of age. The statement regarding 1,549
willingness to make such a donation shall be given no 1,551
consideration in the decision of whether to issue an 1,552
identification card. Each applicant shall be photographed in 1,553
color at the time of making application.
(2) On and after May 1, 1993, the THE application also 1,555
36
shall state whether the applicant has executed a valid durable 1,556
power of attorney for health care pursuant to sections 1337.11 to 1,558
1337.17 of the Revised Code or has executed a declaration 1,559
governing the use or continuation, or the withholding or 1,560
withdrawal, of life-sustaining treatment pursuant to Chapter 1,561
2133. of the Revised Code and, if the applicant has executed 1,562
either type of instrument, whether he THE APPLICANT wishes his 1,563
THE identification card to indicate that he THE APPLICANT has 1,566
executed the instrument.
(3) The registrar or deputy registrar, in accordance with 1,568
section 3503.11 of the Revised Code, shall register as an elector 1,570
any person who applies for an identification card or duplicate if 1,571
the applicant is eligible and wishes to be registered as an 1,572
elector. The decision of an applicant whether to register as an 1,573
elector shall be given no consideration in the decision of 1,574
whether to issue him THE APPLICANT an identification card or 1,575
duplicate. 1,576
(B) The application for an identification card or 1,578
duplicate shall be filed in the office of the registrar or deputy 1,580
registrar. Each applicant shall present documentary evidence as 1,581
required by the registrar of his THE APPLICANT'S age and 1,583
identity. Each applicant who did not enter his social security 1,584
number on his application form, upon request, shall furnish the 1,586
registrar or the deputy registrar with the applicant's social 1,587
security number, if such a number has been assigned to the 1,589
applicant, for purposes of determining whether a driver's or 1,591
commercial driver's license has been issued under the same social 1,592
security number. The registrar or deputy registrar shall not 1,593
maintain the social security number as a part of the record or 1,594
enter it on the application form. The, AND THE applicant shall 1,595
swear that all information given is true. 1,597
All applications for an identification card or duplicate 1,599
shall be filed in duplicate, and if submitted to a deputy 1,600
registrar, a copy shall be forwarded to the registrar. The 1,601
37
registrar shall prescribe rules for the manner in which a deputy 1,602
registrar is to file and maintain applications and other records. 1,603
The registrar shall maintain a suitable, indexed record of all 1,604
applications denied and cards issued or canceled. 1,605
Sec. 4507.52. Each identification card issued by the 1,614
registrar of motor vehicles or a deputy registrar shall bear 1,615
DISPLAY a distinguishing number assigned to the cardholder, and 1,617
shall contain DISPLAY the following inscription: 1,618
"STATE OF OHIO IDENTIFICATION CARD 1,620
This card is not valid for the purpose of operating a motor 1,622
vehicle. It is provided solely for the purpose of establishing 1,623
the identity of the bearer described on the card, who currently 1,624
is not licensed to operate a motor vehicle in the state of Ohio." 1,625
The identification card shall bear DISPLAY substantially 1,627
the same information as contained in the application and as 1,629
described in division (A)(1) of section 4507.51 of the Revised 1,630
Code and, INCLUDING THE CARDHOLDER'S SOCIAL SECURITY NUMBER 1,631
UNLESS THE CARDHOLDER SPECIFICALLY REQUESTS THAT THE CARDHOLDER'S 1,632
SOCIAL SECURITY NUMBER NOT BE DISPLAYED ON THE CARD. IF FEDERAL 1,633
LAW REQUIRES THE CARDHOLDER'S SOCIAL SECURITY NUMBER TO BE 1,634
DISPLAYED ON THE IDENTIFICATION CARD, THE SOCIAL SECURITY NUMBER 1,635
SHALL BE DISPLAYED ON THE CARD NOTWITHSTANDING A REQUEST TO NOT 1,636
DISPLAY THE NUMBER PURSUANT TO THIS SECTION. THE IDENTIFICATION 1,637
CARD ALSO shall contain DISPLAY the color photograph of the 1,640
cardholder. On and after May 1, 1993, if IF the cardholder has 1,642
executed a durable power of attorney for health care or a 1,643
declaration governing the use or continuation, or the withholding 1,644
or withdrawal, of life-sustaining treatment and has specified 1,645
that the cardholder wishes the identification card to indicate 1,647
that the cardholder has executed either type of instrument, the 1,648
card also shall contain DISPLAY any symbol chosen by the 1,650
registrar to indicate that the cardholder has executed either 1,651
type of instrument. The card shall be sealed in transparent 1,652
plastic or similar material and shall be so designed as to 1,653
38
prevent its reproduction or alteration without ready detection. 1,654
The identification card for persons under twenty-one years 1,656
of age shall have characteristics prescribed by the registrar 1,657
distinguishing it from that issued to a person who is twenty-one 1,658
years of age or older, except that an identification card issued 1,659
to a person who applies no more than thirty days before the 1,660
applicant's twenty-first birthday shall have the characteristics
of an identification card issued to a person who is twenty-one 1,661
years of age or older. 1,662
Every identification card issued to a resident of this 1,664
state shall expire, unless canceled or surrendered earlier, on 1,666
the birthday of the cardholder in the fourth year after the date 1,667
on which it is issued. Every identification card issued to a 1,668
temporary resident shall expire in accordance with rules adopted 1,669
by the registrar and is nonrenewable, but may be replaced with a
new identification card upon the applicant's compliance with all 1,670
applicable requirements. A cardholder may renew the cardholder's 1,672
identification card within ninety days prior to the day on which 1,673
it expires by filing an application and paying the prescribed fee 1,674
in accordance with section 4507.50 of the Revised Code. 1,675
If a cardholder applies for a driver's or commercial 1,677
driver's license in this state or another licensing jurisdiction, 1,678
the cardholder shall surrender the cardholder's identification 1,680
card to the registrar or any deputy registrar before the license 1,681
is issued.
If a card is lost, destroyed, or mutilated, the person to 1,683
whom the card was issued may obtain a duplicate by doing both of 1,684
the following: 1,685
(A) Furnishing suitable proof of the loss, destruction, or 1,687
mutilation to the registrar or a deputy registrar; 1,688
(B) Filing an application and presenting documentary 1,690
evidence under section 4507.51 of the Revised Code. 1,691
Any person who loses a card and, after obtaining a 1,693
duplicate, finds the original, immediately shall surrender the 1,695
39
original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card 1,697
that reflects any change of the cardholder's name by furnishing 1,699
suitable proof of the change to the registrar or a deputy 1,700
registrar and surrendering the cardholder's existing card. 1,701
When a cardholder applies for a duplicate or obtains a 1,703
replacement identification card, the cardholder shall pay a fee 1,705
of two dollars and fifty cents. A deputy registrar shall be 1,706
allowed an additional fee of two dollars and twenty-five cents 1,707
for issuing a duplicate or replacement identification card. A 1,710
DISABLED VETERAN WHO IS A CARDHOLDER AND HAS A SERVICE-CONNECTED 1,711
DISABILITY RATED AT ONE HUNDRED PER CENT BY THE VETERANS' 1,712
ADMINISTRATION MAY APPLY TO THE REGISTRAR OR A DEPUTY REGISTRAR 1,713
FOR THE ISSUANCE OF A DUPLICATE OR REPLACEMENT IDENTIFICATION 1,714
CARD WITHOUT PAYMENT OF ANY FEE PRESCRIBED IN THIS SECTION, AND 1,715
WITHOUT PAYMENT OF ANY LAMINATION FEE IF THE DISABLED VETERAN 1,716
WOULD NOT BE REQUIRED TO PAY A LAMINATION FEE IN CONNECTION WITH 1,717
THE ISSUANCE OF AN IDENTIFICATION CARD OR TEMPORARY 1,718
IDENTIFICATION CARD AS PROVIDED IN DIVISION (B) OF SECTION 1,719
4507.50 OF THE REVISED CODE. 1,721
A duplicate or replacement identification card shall expire 1,723
on the same date as the card it replaces. 1,724
The registrar shall cancel any card upon determining that 1,726
the card was obtained unlawfully, issued in error, or was 1,727
altered. The registrar also shall cancel any card that is 1,729
surrendered to the registrar or to a deputy registrar after the 1,730
holder has obtained a duplicate, replacement, or driver's or 1,732
commercial driver's license. 1,733
No agent of the state or its political subdivisions shall 1,735
condition the granting of any benefit, service, right, or 1,736
privilege upon the possession by any person of an identification 1,737
card. Nothing in this section shall preclude any publicly 1,738
operated or franchised transit system from using an 1,739
identification card for the purpose of granting benefits or 1,740
40
services of the system. 1,741
No person shall be required to apply for, carry, or possess 1,743
an identification card. 1,744
(C) Except in regard to an identification card issued to a 1,746
person who applies no more than thirty days before the 1,747
applicant's twenty-first birthday, neither the registrar nor any 1,748
deputy registrar shall issue an identification card to a person 1,749
under twenty-one years of age that does not have the 1,750
characteristics prescribed by the registrar distinguishing it 1,751
from the identification card issued to persons who are twenty-one 1,752
years of age or older.
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of 1,761
the Revised Code: 1,762
(A) "Person" includes every natural person, firm, 1,764
partnership, association, or corporation. 1,765
(B) "Driver" means every person who drives or is in actual 1,767
physical control of a motor vehicle. 1,768
(C) "License" includes any license, permit, or privilege 1,770
to operate a motor vehicle issued under the laws of this state 1,771
including: 1,772
(1) Any temporary instruction permit or examiner's driving 1,774
permit; 1,775
(2) The privilege of any person to drive a motor vehicle 1,777
whether or not such person holds a valid license; 1,778
(3) Any nonresident's operating privilege. 1,780
(D) "Owner" means a person who holds the legal title of a 1,782
motor vehicle. If a motor vehicle is the subject of an agreement 1,783
for conditional sale or A lease with the right of purchase upon 1,784
performance of the conditions stated in the agreement and with an 1,785
immediate right of possession vested in the conditional vendee or 1,786
lessee, the vendee or lessee is the owner. If a mortgagor of A 1,788
PERSON LISTED AS THE OWNER ON A CERTIFICATE OF TITLE ON WHICH 1,789
THERE IS A NOTATION OF A SECURITY INTEREST IS THE OWNER. A BUYER 1,790
OR OTHER TRANSFEREE OF a motor vehicle is entitled to possession, 1,792
41
the mortgagor is WHO RECEIVES THE CERTIFICATE OF TITLE FROM THE 1,793
SELLER OR TRANSFEROR LISTING THE SELLER OR TRANSFEROR THEREON AS 1,794
THE OWNER WITH AN ASSIGNMENT OF TITLE TO THE BUYER OR TRANSFEREE 1,795
NONETHELESS IS THE OWNER EVEN THOUGH A SUBSEQUENT CERTIFICATE OF 1,796
TITLE HAS NOT BEEN ISSUED LISTING THE BUYER OR TRANSFEREE AS the 1,799
owner.
(E) "Registration" means registration certificates and 1,801
registration plates issued under the laws of this state 1,802
pertaining to the registration of motor vehicles. 1,803
(F) "Nonresident" means every person who is not a resident 1,805
of this state. 1,806
(G) "Nonresident's operating privilege" means the 1,808
privilege conferred upon a nonresident by the laws of this state 1,809
pertaining to the operation by such person of a motor vehicle, or 1,810
the use of a motor vehicle owned by such person, in this state. 1,811
(H) "Vehicle" means every device by which any person or 1,813
property may be transported upon a highway, except devices moved 1,814
by power collected from overhead electric trolley wires, or used 1,815
exclusively upon stationary rails or tracks, and except devices 1,816
other than bicycles moved by human power. 1,817
(I) "Motor vehicle" means every vehicle propelled by power 1,819
other than muscular power or power collected from overhead 1,820
electric trolley wires, except motorized bicycles, road rollers, 1,821
traction engines, power shovels, power cranes and other equipment 1,822
used in construction work and not designed for or employed in 1,823
general highway transportation, hole-digging machinery, 1,824
well-drilling machinery, ditch-digging machinery, farm machinery, 1,825
threshing machinery, hay baling machinery, and agricultural 1,826
tractors and machinery used in the production of horticultural, 1,827
floricultural, agricultural, and vegetable products. 1,828
(J) "Accident" or "motor vehicle accident" means any 1,830
accident involving a motor vehicle which results in bodily injury 1,831
to or death of any person, or damage to the property of any 1,832
person in excess of four hundred dollars. 1,833
42
(K) "Proof of financial responsibility" means proof of 1,835
ability to respond in damages for liability, on account of 1,836
accidents occurring subsequent to the effective date of such 1,837
proof, arising out of the ownership, maintenance, or use of a 1,838
motor vehicle in the amount of twelve thousand five hundred 1,839
dollars because of bodily injury to or death of one person in any 1,840
one accident, in the amount of twenty-five thousand dollars 1,841
because of bodily injury to or death of two or more persons in 1,842
any one accident, and in the amount of seven thousand five 1,843
hundred dollars because of injury to property of others in any 1,844
one accident. 1,845
(L) "Motor-vehicle liability policy" means an "owner's 1,847
policy" or an "operator's policy" of liability insurance, 1,848
certified as provided in section 4509.46 or 4509.47 of the 1,849
Revised Code as proof of financial responsibility, and issued, 1,850
except as provided in section 4509.47 of the Revised Code, by an 1,851
insurance carrier authorized to do business in this state, to or 1,852
for the benefit of the person named therein as insured. 1,853
Sec. 4511.091. (A) The driver of any motor vehicle which 1,862
THAT has been checked by radar, or by any electrical or 1,865
mechanical timing device to determine the speed of the motor 1,867
vehicle over a measured distance of the A highway or a measured 1,869
distance of a private road or driveway, and found to be in 1,870
violation of any of the provisions of section 4511.21 or 4511.211 1,872
of the Revised Code, may be arrested until a warrant can be 1,874
obtained, provided such THE ARRESTING officer has observed the 1,877
recording of the speed of such THE motor vehicle by the radio
microwaves, electrical or mechanical timing device, or has 1,879
received a radio message from the officer who observed the speed 1,882
of the motor vehicle recorded by the radio microwaves, electrical 1,883
or mechanical timing device; provided, in case of an arrest based 1,886
on such a message, such THE radio message has been dispatched 1,887
immediately after the speed of the motor vehicle was recorded and 1,888
the arresting officer is furnished a description of the motor 1,890
43
vehicle for proper identification and the recorded speed. 1,891
(B) IF THE DRIVER OF A MOTOR VEHICLE BEING DRIVEN ON A 1,894
PUBLIC STREET OR HIGHWAY OF THIS STATE IS OBSERVED VIOLATING ANY 1,895
PROVISION OF THIS CHAPTER OTHER THAN SECTION 4511.21 OR 4511.211 1,896
OF THE REVISED CODE BY A LAW ENFORCEMENT OFFICER SITUATED AT ANY 1,899
LOCATION, INCLUDING IN ANY TYPE OF AIRBORNE AIRCRAFT OR AIRSHIP, 1,900
THAT LAW ENFORCEMENT OFFICER MAY SEND A RADIO MESSAGE TO ANOTHER 1,901
LAW ENFORCEMENT OFFICER, AND THE OTHER LAW ENFORCEMENT OFFICER 1,902
MAY ARREST THE DRIVER OF THE MOTOR VEHICLE UNTIL A WARRANT CAN BE 1,903
OBTAINED OR MAY ISSUE THE DRIVER A CITATION FOR THE VIOLATION; 1,904
PROVIDED, IF AN ARREST OR CITATION IS BASED ON SUCH A MESSAGE, 1,905
THE RADIO MESSAGE IS DISPATCHED IMMEDIATELY AFTER THE VIOLATION 1,906
IS OBSERVED AND THE LAW ENFORCEMENT OFFICER WHO OBSERVES THE 1,907
VIOLATION FURNISHES TO THE LAW ENFORCEMENT OFFICER WHO MAKES THE 1,908
ARREST OR ISSUES THE CITATION A DESCRIPTION OF THE ALLEGED 1,909
VIOLATION AND THE MOTOR VEHICLE FOR PROPER IDENTIFICATION. 1,910
Sec. 4511.195. (A) As used in this section: 1,919
(1) "Vehicle operator" means a person who is operating a 1,921
vehicle at the time it is seized under division (B) of this 1,922
section. 1,923
(2) "Vehicle owner" means either of the following: 1,925
(a) The person in whose name is registered, at the time of 1,928
the seizure, a vehicle that is seized under division (B) of this 1,929
section;
(b) A person to whom the certificate of title to a vehicle 1,931
that is seized under division (B) of this section has been 1,932
assigned and who has not obtained a certificate of title to the 1,933
vehicle in that person's name, but who is deemed by the court as 1,934
being the owner of the vehicle at the time the vehicle was seized 1,935
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 1,937
ordinance prohibiting the operation of a vehicle while under the 1,938
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,939
abuse or prohibiting the operation of a vehicle with a prohibited 1,940
44
concentration of alcohol in the blood, breath, or urine. 1,941
(4) "Interested party" includes the owner of a vehicle 1,944
seized under this section, all lienholders, the defendant, the 1,945
owner of the place of storage at which a vehicle seized under 1,946
this section is stored, and the person or entity that caused the 1,947
vehicle to be removed. 1,948
(B)(1) If a person is arrested for a violation of division 1,950
(A) of section 4511.19 of the Revised Code or of a municipal OMVI 1,951
ordinance and, within six years of the alleged violation, the 1,953
person previously has been convicted of or pleaded guilty to one
or more violations of division (A) or (B) of section 4511.19 of 1,954
the Revised Code, a municipal OMVI ordinance, section 2903.04 of 1,955
the Revised Code in a case in which the offender was subject to 1,956
the sanctions described in division (D) of that section, or 1,957
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 1,958
municipal ordinance that is substantially similar to section 1,959
2903.07 of the Revised Code in a case in which the jury or judge 1,960
found that the offender was under the influence of alcohol, a 1,961
drug of abuse, or alcohol and a drug of abuse, a statute of the 1,963
United States or of any other state or a municipal ordinance of a 1,964
municipal corporation located in any other state that is 1,965
substantially similar to division (A) or (B) of section 4511.19 1,966
of the Revised Code, or if a person is arrested for a violation 1,967
of division (A) or OF section 4511.19 of the Revised Code or of a 1,968
municipal OMVI ordinance and the person previously has been 1,970
convicted of or pleaded guilty to a violation of division (A) of 1,971
section 4511.19 of the Revised Code under circumstances in which 1,972
the violation was a felony, regardless of when the prior felony 1,974
violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer 1,975
or another officer of the law enforcement agency that employs the 1,976
arresting officer, in addition to any action that the arresting 1,977
officer is required or authorized to take by section 4511.191 of 1,978
the Revised Code or by any other provision of law, shall seize 1,979
45
the vehicle that the person was operating at the time of the 1,980
alleged offense and its license plates. Except as otherwise 1,981
provided in this division, the officer shall seize the vehicle 1,982
and its license plates regardless of whether the vehicle is 1,984
registered in the name of the person who was operating it or in 1,985
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 1,986
rented or leased for a period of thirty days or less, except that 1,988
a law enforcement agency that employs a law enforcement officer 1,989
who makes an arrest of a type that is described in division 1,990
(B)(1) of this section and that involves a rented or leased 1,991
vehicle of this type shall notify, within twenty-four hours after 1,992
the officer makes the arrest, the lessor or owner of the vehicle 1,993
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 1,995
of the vehicle, the law enforcement officer who made the arrest 1,996
shall give the vehicle operator written notice that the vehicle 1,997
and its license plates have been seized; that the vehicle either 1,998
will be kept by the officer's law enforcement agency or will be 1,999
immobilized at least until the operator's initial appearance on 2,000
the charge of the offense for which the arrest was made; that, at 2,001
the initial appearance, the court in certain circumstances may 2,002
order that the vehicle and license plates be released to the 2,004
vehicle owner until the disposition of that charge; that, if the 2,005
vehicle operator is convicted of that charge, the court generally 2,006
must order the immobilization of the vehicle and the impoundment 2,007
of its license plates, or the forfeiture of the vehicle; and 2,008
that, if the operator is not the vehicle owner, the operator 2,009
immediately should inform the vehicle owner that the vehicle and 2,010
its license plates have been seized and that the vehicle owner 2,011
may be able to obtain their return or release at the initial 2,012
appearance or thereafter. 2,013
(2) The arresting officer or a law enforcement officer of 2,015
the agency that employs the arresting officer shall give written 2,016
46
notice of the seizure to the court that will conduct the initial 2,017
appearance of the vehicle operator. The notice shall be given 2,018
when the charges are filed against the vehicle operator. Upon 2,020
receipt of the notice, the court promptly shall determine whether 2,021
the vehicle operator is the vehicle owner and whether there are 2,022
any liens recorded on the certificate of title to the vehicle. 2,023
If the court determines that the vehicle operator is not the
vehicle owner, it promptly shall send by regular mail written 2,024
notice of the seizure of the motor vehicle to the vehicle owner 2,025
and to all lienholders recorded on the certificate of title. The 2,026
written notice to the vehicle owner and lienholders shall contain 2,027
all of the information required by division (B)(1) of this 2,028
section to be in a notice to be given to the vehicle operator and 2,029
also shall specify the date, time, and place of the vehicle 2,030
operator's initial appearance. THE NOTICE ALSO SHALL INFORM THE 2,031
VEHICLE OWNER THAT IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO 2,032
AN ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED 2,033
OR TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF 2,035
THE REVISED CODE APPLIES, THE COURT MAY FINE THE VEHICLE OPERATOR 2,037
THE VALUE OF THE VEHICLE. The notice to the vehicle owner also 2,040
shall state that if the vehicle is immobilized under division (A) 2,041
of section 4503.233 of the Revised Code, seven days after the end 2,042
of the period of immobilization a law enforcement agency will 2,043
send the vehicle owner a notice, informing the vehicle owner that 2,045
if the release of the vehicle is not obtained in accordance with
division (D)(3) of section 4503.233 of the Revised Code, the 2,047
vehicle shall be forfeited. The notice also shall inform the 2,048
vehicle owner that the vehicle owner may be charged expenses or 2,049
charges incurred under this section and section 4503.233 of the 2,050
Revised Code for the removal and storage of the vehicle. 2,051
The written notice that is given to the vehicle operator or 2,053
is sent or delivered to the vehicle owner if the vehicle owner is 2,054
not the vehicle operator also shall state that if the vehicle 2,055
operator pleads guilty to or is convicted of the offense for 2,056
47
which the vehicle operator was arrested and the court issues an 2,057
immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits 2,058
the vehicle from being sold during the period of immobilization 2,060
without the prior approval of the court.
Any such notice also shall state that if title to a motor 2,062
vehicle that is subject to an order for criminal forfeiture under 2,063
this section is assigned or transferred and division (C)(2) or 2,064
(3) of section 4503.234 of the Revised Code applies, the court 2,065
may fine the offender the value of the vehicle.
(3) At or before the initial appearance, the vehicle owner 2,068
may file a motion requesting the court to order that the vehicle 2,069
and its license plates be released to the vehicle owner. Except
as provided in this division and subject to the payment of 2,071
expenses or charges incurred in the removal and storage of the 2,072
vehicle, the court, in its discretion, then may issue an order 2,073
releasing the vehicle and its license plates to the vehicle 2,074
owner. Such an order may be conditioned upon such terms as the 2,075
court determines appropriate, including the posting of a bond in 2,076
an amount determined by the court. If the vehicle operator is 2,077
not the vehicle owner and if the vehicle owner is not present at 2,078
the vehicle operator's initial appearance, and if the court 2,079
believes that the vehicle owner was not provided with adequate 2,080
notice of the initial appearance, the court, in its discretion, 2,081
may allow the vehicle owner to file a motion within seven days of 2,082
the initial appearance. If the court allows the vehicle owner to 2,083
file such a motion after the initial appearance, the extension of 2,084
time granted by the court does not extend the time within which 2,085
the initial appearance is to be conducted. If the court issues 2,086
an order for the release of the vehicle and its license plates, a 2,087
copy of the order shall be made available to the vehicle owner. 2,088
If the vehicle owner presents a copy of the order to the law 2,089
enforcement agency that employs the law enforcement officer who 2,090
arrested the person who was operating the vehicle, the law 2,091
48
enforcement agency promptly shall release the vehicle and its 2,092
license plates to the vehicle owner upon payment by the vehicle 2,093
owner of any expenses or charges incurred in the removal and 2,094
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section 2,096
either shall be towed to a place specified by the law enforcement 2,097
agency that employs the arresting officer to be safely kept by 2,098
the agency at that place for the time and in the manner specified 2,099
in this section or shall be otherwise immobilized for the time 2,100
and in the manner specified in this section. A law enforcement 2,101
officer of that agency shall remove the identification license 2,102
plates of the vehicle, and they shall be safely kept by the 2,103
agency for the time and in the manner specified in this section. 2,104
No vehicle that is seized and either towed or immobilized 2,105
pursuant to this division shall be considered contraband for 2,106
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised 2,107
Code. The vehicle shall not be immobilized at any place other 2,108
than a commercially operated private storage lot, a place owned 2,109
by a law enforcement agency or other government agency, or a 2,110
place to which one of the following applies: 2,111
(a) The place is leased by or otherwise under the control 2,113
of a law enforcement agency or other government agency. 2,114
(b) The place is owned by the vehicle operator, the 2,116
vehicle operator's spouse, or a parent or child of the vehicle 2,117
operator. 2,118
(c) The place is owned by a private person or entity, and, 2,120
prior to the immobilization, the private entity or person that 2,121
owns the place, or the authorized agent of that private entity or 2,122
person, has given express written consent for the immobilization 2,123
to be carried out at that place. 2,124
(d) The place is a street or highway on which the vehicle 2,127
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 2,130
section shall be safely kept at the place to which it is towed or 2,131
49
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 2,133
operator relative to the charge in question. The license plates 2,135
of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that 2,136
employs the arresting officer until the initial appearance of the 2,137
vehicle operator relative to the charge in question. 2,138
(2)(a) AT THE INITIAL APPEARANCE OR NOT LESS THAN SEVEN 2,140
DAYS PRIOR TO THE DATE OF FINAL DISPOSITION, THE COURT SHALL 2,141
NOTIFY THE VEHICLE OPERATOR, IF THE VEHICLE OPERATOR IS THE 2,142
VEHICLE OWNER, THAT IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT 2,143
TO AN ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS 2,144
ASSIGNED OR TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 2,146
4503.234 OF THE REVISED CODE APPLIES, THE COURT MAY FINE THE 2,149
VEHICLE OPERATOR THE VALUE OF THE VEHICLE. If, at the initial 2,150
appearance, the vehicle operator pleads guilty to the violation 2,152
of division (A) of section 4511.19 of the Revised Code or of the 2,153
municipal OMVI ordinance or pleads no contest to and is convicted 2,154
of the violation, the court shall impose sentence upon the 2,155
vehicle operator as provided by law or ordinance; the court, 2,156
except as provided in this division and subject to section 2,157
4503.235 of the Revised Code, shall order the immobilization of 2,158
the vehicle and the impoundment of its license plates under 2,159
section 4503.233 and section 4511.193 or 4511.99 of the Revised 2,160
Code, or the criminal forfeiture of the vehicle under section 2,161
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 2,162
whichever is applicable; and the vehicle and its license plates 2,163
shall not be returned or released to the vehicle owner. If the 2,164
vehicle operator is not the vehicle owner and the vehicle owner 2,165
is not present at the vehicle operator's initial appearance and 2,167
if the court believes that the vehicle owner was not provided 2,168
adequate notice of the initial appearance, the court, in its 2,169
discretion, may refrain for a period of time not exceeding seven 2,170
days from ordering the immobilization of the vehicle and the 2,171
50
impoundment of its license plates, or the criminal forfeiture of 2,172
the vehicle so that the vehicle owner may appear before the court 2,173
to present evidence as to why the court should not order the 2,174
immobilization of the vehicle and the impoundment of its license 2,175
plates, or the criminal forfeiture of the vehicle. If the court 2,177
refrains from ordering the immobilization of the vehicle and the 2,178
impoundment of its license plates, or the criminal forfeiture of 2,179
the vehicle, section 4503.235 of the Revised Code applies 2,181
relative to the order of immobilization and impoundment, or the 2,182
order of forfeiture.
(b) If, at any time, the charge that the vehicle operator 2,185
violated division (A) of section 4511.19 of the Revised Code or 2,186
the municipal OMVI ordinance is dismissed for any reason, the 2,187
court shall order that the vehicle seized at the time of the 2,188
arrest and its license plates immediately be released to the 2,189
vehicle owner subject to the payment of expenses or charges 2,190
incurred in the removal and storage of the vehicle. 2,191
(D) If a vehicle is seized under division (B) of this 2,193
section and is not returned or released to the vehicle owner 2,195
pursuant to division (C) of this section, the vehicle or its 2,196
license plates shall be retained until the final disposition of 2,197
the charge in question. Upon the final disposition of that 2,198
charge, the court shall do whichever of the following is 2,199
applicable:
(1) If the vehicle operator is convicted of or pleads 2,201
guilty to the violation of division (A) of section 4511.19 of the 2,202
Revised Code or of the municipal OMVI ordinance, the court shall 2,203
impose sentence upon the vehicle operator as provided by law or 2,204
ordinance and, subject to section 4503.235 of the Revised Code, 2,205
shall order the immobilization of the vehicle the vehicle 2,206
operator was operating at the time of, or that was involved in, 2,207
the offense and the impoundment of its license plates under 2,209
section 4503.233 and section 4511.193 or 4511.99 of the Revised 2,210
Code, or the criminal forfeiture of the vehicle under section 2,211
51
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 2,212
whichever is applicable. 2,213
(2) If the vehicle operator is found not guilty of the 2,215
violation of division (A) of section 4511.19 of the Revised Code 2,216
or of the municipal OMVI ordinance, the court shall order that 2,217
the vehicle and its license plates immediately be released to the 2,219
vehicle owner upon the payment of any expenses or charges 2,220
incurred in its removal and storage. 2,221
(3) If the charge that the vehicle operator violated 2,223
division (A) of section 4511.19 of the Revised Code or the 2,224
municipal OMVI ordinance is dismissed for any reason, the court 2,225
shall order that the vehicle and its license plates immediately 2,227
be released to the vehicle owner upon the payment of any expenses 2,228
or charges incurred in its removal and storage. 2,229
(E) If a vehicle is seized under division (B) of this 2,231
section, the time between the seizure of the vehicle and either 2,232
its release to the vehicle owner under division (C) of this 2,234
section or the issuance of an order of immobilization of the 2,235
vehicle under section 4503.233 of the Revised Code shall be 2,236
credited against the period of immobilization ordered by the 2,237
court.
(F)(1) The vehicle owner may be charged expenses or 2,239
charges incurred in the removal and storage of the immobilized 2,240
vehicle. The court with jurisdiction over the case, after notice 2,241
to all interested parties, including lienholders, and after an 2,242
opportunity for them to be heard, if the vehicle owner fails to 2,243
appear in person, without good cause, or if the court finds that 2,244
the vehicle owner does not intend to seek release of the vehicle 2,245
at the end of the period of immobilization under section 4503.233 2,246
of the Revised Code or that the vehicle owner is not or will not 2,247
be able to pay the expenses and charges incurred in its removal 2,248
and storage, may order that title to the vehicle be transferred, 2,249
in order of priority, first into the name of the person or entity 2,250
that removed it, next into the name of a lienholder, or lastly 2,251
52
into the name of the owner of the place of storage. 2,252
Any lienholder that receives title under a court order 2,255
shall do so on the condition that it pay any expenses or charges 2,256
incurred in the vehicle's removal and storage. If the person or 2,257
entity that receives title to the vehicle is the person or entity 2,258
that removed it, the person or entity shall receive title on the 2,259
condition that it pay any lien on the vehicle. The court shall 2,261
not order that title be transferred to any person or entity other 2,262
than the owner of the place of storage if the person or entity 2,263
refuses to receive the title. Any person or entity that receives 2,264
title either may keep title to the vehicle or may dispose of the 2,265
vehicle in any legal manner that it considers appropriate, 2,266
including assignment of the certificate of title to the motor 2,267
vehicle to a salvage dealer or a scrap metal processing facility. 2,268
The person or entity shall not transfer the vehicle to the person 2,269
who is the vehicle's immediate previous owner. 2,271
If the person or entity assigns the motor vehicle to a 2,273
salvage dealer or scrap metal processing facility, the person or 2,274
entity shall send the assigned certificate of title to the motor 2,275
vehicle to the clerk of the court of common pleas of the county 2,276
in which the salvage dealer or scrap metal processing facility is 2,278
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 2,280
deliver a photocopy of the certificate of title to the salvage 2,281
dealer or scrap metal processing facility for its records. 2,282
(2) Whenever a court issues an order under division (F)(1) 2,284
of this section, the court also shall order removal of the 2,285
license plates from the vehicle and cause them to be sent to the 2,286
registrar of motor vehicles if they have not already been sent to 2,287
the registrar. Thereafter, no further proceedings shall take 2,288
place under this section or under section 4503.233 of the Revised 2,289
Code.
(3) Prior to initiating a proceeding under division (F)(1) 2,291
of this section, and upon payment of the fee under division (B) 2,292
53
of section 4505.14 of the Revised Code, any interested party may 2,293
cause a search to be made of the public records of the bureau of 2,294
motor vehicles or the clerk of the court of common pleas, to 2,295
ascertain the identity of any lienholder of the vehicle. The 2,296
initiating party shall furnish this information to the clerk of 2,297
the court with jurisdiction over the case, and the clerk shall 2,299
provide notice to the vehicle owner, the defendant, any 2,300
lienholder, and any other interested parties listed by the 2,301
initiating party, at the last known address supplied by the 2,302
initiating party, by certified mail or, at the option of the 2,303
initiating party, by personal service or ordinary mail. 2,304
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 2,313
the Revised Code: 2,314
(A) "Persons" includes individuals, firms, partnerships, 2,316
associations, joint stock companies, corporations, and any 2,317
combinations of individuals. 2,318
(B) "Motor vehicle" means motor vehicle as defined in 2,320
section 4501.01 of the Revised Code. 2,321
(C) "New motor vehicle" means a motor vehicle, the legal 2,323
title to which has never been transferred by a manufacturer, 2,324
remanufacturer, distributor, or dealer to an ultimate purchaser. 2,325
(D) "Ultimate purchaser" means, with respect to any new 2,327
motor vehicle, the first person, other than a dealer purchasing 2,328
in the capacity of a dealer, who in good faith purchases such new 2,330
motor vehicle for purposes other than resale. 2,331
(E) "Business" includes any activities engaged in by any 2,333
person for the object of gain, benefit, or advantage either 2,334
direct or indirect. 2,335
(F) "Engaging in business" means commencing, conducting, 2,337
or continuing in business, or liquidating a business when the 2,338
liquidator thereof holds self out to be conducting such business; 2,341
making a casual sale or otherwise making transfers in the 2,342
ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of 2,343
54
the transferor's assets is not engaging in business. 2,344
(G) "Retail sale" or "sale at retail" means the act or 2,346
attempted act of selling, bartering, exchanging, or otherwise 2,347
disposing of a motor vehicle to an ultimate purchaser for use as 2,348
a consumer. 2,349
(H) "Retail installment contract" includes any contract in 2,351
the form of a note, chattel mortgage, conditional sales contract, 2,352
lease, agreement, or other instrument payable in one or more 2,353
installments over a period of time and arising out of the retail 2,354
sale of a motor vehicle. 2,355
(I) "Farm machinery" means all machines and tools used in 2,357
the production, harvesting, and care of farm products. 2,358
(J) "Dealer" or "motor vehicle dealer" means any new motor 2,360
vehicle dealer, any motor vehicle leasing dealer, and any used 2,361
motor vehicle dealer. 2,362
(K) "New motor vehicle dealer" means any person engaged in 2,364
the business of selling at retail, displaying, offering for sale, 2,365
or dealing in new motor vehicles pursuant to a contract or 2,366
agreement entered into with the manufacturer, remanufacturer, or 2,367
distributor of the motor vehicles. 2,368
(L) "Used motor vehicle dealer" means any person engaged 2,370
in the business of selling, displaying, offering for sale, or 2,371
dealing in used motor vehicles, at retail or wholesale, but does 2,372
not mean any new motor vehicle dealer selling, displaying, 2,373
offering for sale, or dealing in used motor vehicles incidentally 2,374
to engaging in the business of selling, displaying, offering for 2,375
sale, or dealing in new motor vehicles, any person engaged in the 2,376
business of dismantling, salvaging, or rebuilding motor vehicles 2,377
by means of using used parts, or any public officer performing 2,378
official duties. 2,379
(M) "Motor vehicle leasing dealer" means any person 2,381
engaged in the business of regularly making available, offering 2,382
to make available, or arranging for another person to use a motor 2,383
vehicle pursuant to a bailment, lease, SUBLEASE, or other 2,384
55
contractual arrangement under which a charge is made for its use 2,386
at a periodic rate for a term of thirty days or more, and title 2,387
to the motor vehicle is in a person other than AND REMAINS IN THE 2,388
MOTOR VEHICLE LEASING DEALER WHO ORIGINALLY LEASES IT, 2,389
IRRESPECTIVE OF WHETHER OR NOT THE MOTOR VEHICLE IS THE SUBJECT 2,390
OF A LATER SUBLEASE, AND NOT IN the user, but does not mean a 2,392
manufacturer or its affiliate leasing to its employees or to 2,393
dealers.
(N) "Salesperson" means any person employed by a dealer or 2,395
manufactured home broker to sell, display, and offer for sale, or 2,396
deal in motor vehicles for a commission, compensation, or other 2,398
valuable consideration, but does not mean any public officer 2,399
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by 2,401
a person other than a new motor vehicle dealer, used motor 2,402
vehicle dealer, motor vehicle salvage dealer, as defined in 2,403
division (A) of section 4738.01 of the Revised Code, salesperson, 2,404
motor vehicle auction owner, manufacturer, or distributor acting 2,405
in the capacity of a dealer, salesperson, auction owner, 2,406
manufacturer, or distributor, to a person who purchases the motor 2,407
vehicle for use as a consumer. 2,408
(P) "Motor vehicle show" means a display of current models 2,410
of motor vehicles whereby the primary purpose is the exhibition 2,411
of competitive makes and models in order to provide the general 2,412
public the opportunity to review and inspect various makes and 2,413
models of motor vehicles at a single location. 2,414
(Q) "Motor vehicle auction owner" means any person who is 2,416
engaged wholly or in part in the business of auctioning motor 2,417
vehicles. 2,418
(R) "Manufacturer" means a person who manufactures, 2,420
assembles, or imports motor vehicles, including motor homes, but 2,421
does not mean a person who only assembles or installs a body, 2,422
special equipment unit, finishing trim, or accessories on a motor 2,423
vehicle chassis supplied by a manufacturer or distributor. 2,424
56
(S) "Tent-type fold-out camping trailer" means any vehicle 2,426
intended to be used, when stationary, as a temporary shelter with 2,427
living and sleeping facilities, and which is subject to the 2,428
following properties and limitations: 2,429
(1) A minimum of twenty-five per cent of the fold-out 2,431
portion of the top and sidewalls combined must be constructed of 2,432
canvas, vinyl, or other fabric, and form an integral part of the 2,433
shelter. 2,434
(2) When folded, the unit must not exceed: 2,436
(a) Fifteen feet in length, exclusive of bumper and 2,438
tongue; 2,439
(b) Sixty inches in height from the point of contact with 2,441
the ground; 2,442
(c) Eight feet in width; 2,444
(d) One ton gross weight at time of sale. 2,446
(T) "Distributor" means any person authorized by a motor 2,448
vehicle manufacturer to distribute new motor vehicles to licensed 2,449
new motor vehicle dealers, but does not mean a person who only 2,450
assembles or installs a body, special equipment unit, finishing 2,451
trim, or accessories on a motor vehicle chassis supplied by a 2,452
manufacturer or distributor. 2,453
(U) "Flea market" means a market place, other than a 2,455
dealer's location licensed under this chapter, where a space or 2,456
location is provided for a fee or compensation to a seller to 2,457
exhibit and offer for sale or trade, motor vehicles to the 2,458
general public. 2,459
(V) "Franchise" means any written agreement, contract, or 2,461
understanding between any motor vehicle manufacturer or 2,462
remanufacturer engaged in commerce and any motor vehicle dealer, 2,463
which purports to fix the legal rights and liabilities of the 2,464
parties to such agreement, contract, or understanding. 2,465
(W) "Franchisee" means a person who receives new motor 2,467
vehicles from the franchisor under a franchise agreement and who 2,468
offers, sells, and provides service for such new motor vehicles 2,469
57
to the general public. 2,470
(X) "Franchisor" means a new motor vehicle manufacturer, 2,472
remanufacturer, or distributor who supplies new motor vehicles 2,473
under a franchise agreement to a franchisee. 2,474
(Y) "Dealer organization" means a state or local trade 2,476
association the membership of which is comprised predominantly of 2,477
new motor vehicle dealers. 2,478
(Z) "Factory representative" means a representative 2,480
employed by a manufacturer, remanufacturer, or by a factory 2,481
branch primarily for the purpose of promoting the sale of its 2,482
motor vehicles, parts, or accessories to dealers or for 2,483
supervising or contacting its dealers or prospective dealers. 2,484
(AA) "Administrative or executive management" means those 2,486
individuals who are not subject to federal wage and hour laws. 2,487
(BB) "Good faith" means honesty in the conduct or 2,489
transaction concerned and the observance of reasonable commercial 2,490
standards of fair dealing in the trade as is defined in division 2,491
(S) of section 1301.01 of the Revised Code, including, but not 2,492
limited to, the duty to act in a fair and equitable manner so as 2,493
to guarantee freedom from coercion, intimidation, or threats of 2,494
coercion or intimidation; provided however, that recommendation, 2,495
endorsement, exposition, persuasion, urging, or argument shall 2,496
not be considered to constitute a lack of good faith. 2,497
(CC) "Coerce" means to compel or attempt to compel by 2,499
failing to act in good faith or by threat of economic harm, 2,500
breach of contract, or other adverse consequences. Coerce does 2,501
not mean to argue, urge, recommend, or persuade. 2,502
(DD) "Relevant market area" means any area within a radius 2,504
of ten miles from the site of a potential new dealership, except 2,505
that for manufactured home or recreational vehicle dealerships 2,506
the radius shall be twenty-five miles. 2,507
(EE) "Wholesale" or "at wholesale" means the act or 2,509
attempted act of selling, bartering, exchanging, or otherwise 2,510
disposing of a motor vehicle to a transferee for the purpose of 2,511
58
resale and not for ultimate consumption by that transferee. 2,512
(FF) "Motor vehicle wholesaler" means any person licensed 2,514
as a dealer under the laws of another state and engaged in the 2,516
business of selling, displaying, or offering for sale used motor 2,517
vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section. 2,518
(GG)(1) "Remanufacturer" means a person who assembles or 2,520
installs passenger seating, walls, a roof elevation, or a body 2,521
extension on a conversion van with the motor vehicle chassis 2,522
supplied by a manufacturer or distributor, a person who modifies 2,524
a truck chassis supplied by a manufacturer or distributor for use 2,525
as a public safety or public service vehicle, or a person who 2,526
modifies a motor vehicle chassis supplied by a manufacturer or 2,527
distributor for use as a limousine or hearse, OR A PERSON WHO 2,528
MODIFIES AN INCOMPLETE MOTOR VEHICLE CAB AND CHASSIS SUPPLIED BY 2,529
A NEW MOTOR VEHICLE DEALER OR DISTRIBUTOR FOR USE AS A TOW TRUCK, 2,530
but does not mean either of the following: 2,531
(1)(a) A person who assembles or installs passenger 2,533
seating, walls, a roof elevation, or a body extension on a 2,534
manufactured home as defined in division (O) and referred to in 2,535
division (B) of section 4501.01 of the Revised Code or a 2,536
recreational vehicle as defined in division (Q) and referred to 2,537
in division (B) of section 4501.01 of the Revised Code; 2,538
(2)(b) A person who assembles or installs special 2,540
equipment or accessories for handicapped persons, as defined in 2,541
section 4503.44 of the Revised Code, upon a motor vehicle chassis 2,542
supplied by a manufacturer or distributor. 2,543
(2) For the purposes of division (GG)(1) of this section, 2,545
"public safety vehicle or public service vehicle" means a fire 2,547
truck, ambulance, school bus, street sweeper, garbage packing 2,548
truck, or cement mixer, or a mobile self-contained facility 2,549
vehicle.
(3) For the purposes of division (GG)(1) of this section, 2,551
"limousine" means a motor vehicle, designed only for the purpose 2,552
59
of carrying nine or fewer passengers, that a person modifies by 2,553
cutting the original chassis, lengthening the wheelbase by forty 2,554
inches or more, and reinforcing the chassis in such a way that 2,556
all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be 2,557
deemed to be a remanufacturer who produces limousines unless the 2,558
person has a written agreement with the manufacturer of the 2,559
chassis the person utilizes to produce the limousines to complete 2,560
properly the remanufacture of the chassis into limousines. 2,561
(4) For the purposes of division (GG)(1) of this section, 2,564
"hearse" means a motor vehicle, designed only for the purpose of 2,565
transporting a single casket, that is equipped with a compartment 2,566
designed specifically to carry a single casket that a person 2,567
modifies by cutting the original chassis, lengthening the 2,568
wheelbase by ten inches or more, and reinforcing the chassis in 2,569
such a way that all modifications comply with all applicable 2,570
federal motor vehicle safety standards. No person shall qualify 2,571
as or be deemed to be a remanufacturer who produces hearses 2,572
unless the person has a written agreement with the manufacturer 2,573
of the chassis the person utilizes to produce the hearses to 2,574
complete properly the remanufacture of the chassis into hearses. 2,575
(5) For the purposes of division (GG)(1) of this section, 2,578
"mobile self-contained facility vehicle" means a mobile classroom 2,579
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 2,580
testing laboratory, and mobile display vehicle, each of which is 2,581
designed for purposes other than for passenger transportation and 2,583
other than the transportation or displacement of cargo, freight, 2,584
materials, or merchandise. A vehicle is remanufactured into a 2,585
mobile self-contained facility vehicle in part by the addition of 2,586
insulation to the body shell, and installation of all of the 2,587
following: a generator, electrical wiring, plumbing, holding 2,588
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems. 2,589
(6) FOR THE PURPOSES OF DIVISION (GG)(1) OF THIS SECTION, 2,593
60
"TOW TRUCK" MEANS BOTH OF THE FOLLOWING:
(a) AN INCOMPLETE CAB AND CHASSIS THAT ARE PURCHASED BY A 2,596
REMANUFACTURER FROM A NEW MOTOR VEHICLE DEALER OR DISTRIBUTOR OF 2,597
THE CAB AND CHASSIS AND ON WHICH THE REMANUFACTURER THEN INSTALLS 2,598
IN A PERMANENT MANNER A WRECKER BODY IT PURCHASES FROM A 2,599
MANUFACTURER OR DISTRIBUTOR OF WRECKER BODIES, INSTALLS AN 2,600
EMERGENCY FLASHING LIGHT PYLON AND EMERGENCY LIGHTS UPON THE MAST 2,601
OF THE WRECKER BODY OR ROOFTOP, AND INSTALLS SUCH OTHER RELATED 2,602
ACCESSORIES AND EQUIPMENT, INCLUDING PUSH BUMPERS, FRONT GRILLE 2,603
GUARDS WITH PADS AND OTHER CUSTOM-ORDERED ITEMS SUCH AS PAINTING, 2,604
SPECIAL LETTERING, AND SAFETY STRIPING SO AS TO CREATE A COMPLETE 2,605
MOTOR VEHICLE CAPABLE OF LIFTING AND TOWING ANOTHER MOTOR 2,606
VEHICLE.
(b) AN INCOMPLETE CAB AND CHASSIS THAT ARE PURCHASED BY A 2,609
REMANUFACTURER FROM A NEW MOTOR VEHICLE DEALER OR DISTRIBUTOR OF 2,610
THE CAB AND CHASSIS AND ON WHICH THE REMANUFACTURER THEN INSTALLS 2,611
IN A PERMANENT MANNER A CAR CARRIER BODY IT PURCHASES FROM A 2,612
MANUFACTURER OR DISTRIBUTOR OF CAR CARRIER BODIES, INSTALLS AN 2,613
EMERGENCY FLASHING LIGHT PYLON AND EMERGENCY LIGHTS UPON THE 2,614
ROOFTOP, AND INSTALLS SUCH OTHER RELATED ACCESSORIES AND 2,615
EQUIPMENT, INCLUDING PUSH BUMPERS, FRONT GRILLE GUARDS WITH PADS 2,616
AND OTHER CUSTOM-ORDERED ITEMS SUCH AS PAINTING, SPECIAL 2,617
LETTERING, AND SAFETY STRIPING.
AS USED IN DIVISION (G)(6)(b) OF THIS SECTION, "CAR CARRIER 2,621
BODY" MEANS A MECHANICAL OR HYDRAULIC APPARATUS CAPABLE OF 2,622
LIFTING AND HOLDING A MOTOR VEHICLE ON A FLAT LEVEL SURFACE SO 2,623
THAT ONE OR MORE MOTOR VEHICLES CAN BE TRANSPORTED, ONCE THE CAR 2,624
CARRIER IS PERMANENTLY INSTALLED UPON AN INCOMPLETE CAB AND 2,625
CHASSIS.
(HH) "Operating as a new motor vehicle dealership" means 2,627
engaging in activities such as displaying, offering for sale, and 2,628
selling new motor vehicles at retail, operating a service 2,629
facility to perform repairs and maintenance on motor vehicles, 2,630
offering for sale and selling motor vehicle parts at retail, and 2,631
61
conducting all other acts that are usual and customary to the 2,632
operation of a new motor vehicle dealership. For the purposes of 2,633
this chapter only, possession of either a valid new motor vehicle 2,634
dealer franchise agreement or a new motor vehicle dealers 2,635
license, or both of these items, is not evidence that a person is 2,636
operating as a new motor vehicle dealership. 2,637
(II) "Manufactured home broker" means any person acting as 2,639
a selling agent on behalf of an owner of a manufactured home that 2,640
is subject to taxation under section 4503.06 of the Revised Code. 2,641
Sec. 4517.03. (A) A place of business that is used for 2,650
selling, displaying, offering for sale, or dealing in motor 2,651
vehicles shall be considered as used exclusively for those 2,652
purposes even though snowmobiles, all-purpose vehicles, or farm 2,653
machinery is sold or displayed there, or if repair, accessory, 2,654
gasoline and oil, storage, parts, service, or paint departments 2,656
are maintained there, or such products or services are provided 2,657
there, if the departments are operated or the products or 2,659
services are provided for the business of selling, displaying, 2,660
offering for sale, or dealing in motor vehicles. Places of 2,661
business or departments in a place of business used to dismantle, 2,662
salvage, or rebuild motor vehicles by means of using used parts, 2,663
are not considered as being maintained for the purpose of 2,664
assisting or furthering the selling, displaying, offering for 2,665
sale, or dealing in motor vehicles. A place of business shall be 2,667
considered as used exclusively for selling, displaying, offering 2,668
for sale, or dealing in motor vehicles even though a business 2,669
owned by a motor vehicle leasing dealer as defined in section 2,671
4517.01 of the Revised Code or a motor vehicle renting dealer as 2,674
defined in section 4549.65 of the Revised Code is located at the 2,677
place of business. 2,678
(B) No new motor vehicle dealer shall sell, display, offer 2,680
for sale, or deal in motor vehicles at any place except an 2,681
established place of business that is used exclusively for the 2,682
purpose of selling, displaying, offering for sale, or dealing in 2,683
62
motor vehicles and has space, under roof, for the display of at 2,684
least one new motor vehicle and facilities and space therewith 2,685
for the inspection, servicing, and repair of at least one motor 2,686
vehicle; except that a new motor vehicle dealer selling 2,687
manufactured homes is exempt from the requirement that a place of 2,689
business have space, under roof, for the display of at least one 2,690
new motor vehicle and facilities and space therewith for the
inspection, servicing, and repair of at least one motor vehicle. 2,691
Nothing contained in Chapter 4517. of the Revised Code 2,693
shall be construed as prohibiting the sale of a manufactured home 2,694
located in a manufactured home park by a licensed motor vehicle 2,695
dealer who is the owner of the manufactured home park. 2,696
(C) No used motor vehicle dealer shall sell, display, 2,698
offer for sale, or deal in motor vehicles at any place except an 2,699
established place of business that is used exclusively for the 2,700
purpose of selling, displaying, offering for sale, or dealing in 2,701
motor vehicles. 2,702
(D) No motor vehicle leasing dealer shall make a motor 2,704
vehicle available for use by another, in the manner described in 2,705
division (M) of section 4517.01 of the Revised Code, at any place 2,706
except an established place of business that is used for leasing 2,707
motor vehicles; except that a motor vehicle leasing dealer who is 2,708
also a new motor vehicle dealer or used motor vehicle dealer may 2,709
lease motor vehicles at the same place of business at which the 2,710
dealer sells, offers for sale, or deals in new or used motor 2,711
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 2,713
renting dealer as defined in section 4549.65 of the Revised Code 2,714
shall sell a motor vehicle within ninety days after a certificate 2,715
of title to the motor vehicle is issued to the dealer, except 2,716
when a salvage certificate of title is issued to replace the 2,717
original certificate of title AND EXCEPT WHEN A MOTOR VEHICLE 2,718
LEASING DEALER SELLS A MOTOR VEHICLE TO ANOTHER MOTOR VEHICLE 2,719
LEASING DEALER AT THE END OF A SUBLEASE PURSUANT TO THAT 2,720
63
SUBLEASE.
(F) No distributor shall distribute new motor vehicles to 2,722
new motor vehicle dealers at any place except an established 2,723
place of business that is used exclusively for the purpose of 2,724
distributing new motor vehicles to new motor vehicle dealers; 2,725
except that a distributor who is also a new motor vehicle dealer 2,726
may distribute new motor vehicles at the same place of business 2,727
at which the distributor sells, displays, offers for sale, or 2,728
deals in new motor vehicles. 2,730
(G) No person, firm, or corporation that sells, displays, 2,732
or offers for sale tent-type fold-out camping trailers is subject 2,733
to the requirement that the person's, firm's, or corporation's 2,734
place of business be used exclusively for the purpose of selling, 2,736
displaying, offering for sale, or dealing in motor vehicles. No 2,737
person, firm, or corporation that sells, displays, or offers for 2,738
sale tent-type fold-out camping trailers, trailers, or 2,739
semitrailers is subject to the requirement that the person's, 2,740
firm's, or corporation's place of business have space, under 2,741
roof, for the display of at least one new motor vehicle and 2,742
facilities and space therewith for the inspection, servicing, and 2,743
repair of at least one motor vehicle.
(H) No manufactured home broker shall engage in the 2,745
business of brokering manufactured homes at any place except an 2,746
established place of business that is used exclusively for the 2,747
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 2,749
persons licensed under this chapter from making sales calls. 2,750
Section 2. That existing sections 109.71, 3937.41, 2,752
4503.181, 4505.04, 4505.06, 4506.01, 4506.02, 4506.11, 4507.13, 2,754
4507.50, 4507.51, 4507.52, 4509.01, 4511.091, 4511.195, 4517.01, 2,755
and 4517.03 of the Revised Code are hereby repealed. 2,756
Section 3. In fiscal year 1999, the Director of Budget and 2,758
Management may transfer $70,000 from the Population Protection 2,759
Planning Fund (Fund 344), $72,000 from the Radiological 2,760
64
Protection Planning Fund (Fund 345), and $15,000 from the 2,761
Survival Crisis Management Fund (Fund 346), into the Highway 2,762
Safety Federal Reimbursement Fund (Fund 831), in order to repay 2,763
previous transfers made for seed money purposes. Any remaining 2,764
amounts in funds 344, 345, and 346 may be transferred by the 2,765
Director of Budget and Management to the Emergency Management 2,766
Assistance and Training Fund (Fund 339). 2,767
Section 4. That section 4507.13 of the Revised Code, as 2,769
amended by Am. Sub. S.B. 35 of the 122nd General Assembly, be 2,770
amended to read as follows: 2,771
Sec. 4507.13. (A) The registrar of motor vehicles shall 2,780
issue a driver's license to every person licensed as an operator 2,781
of motor vehicles other than commercial motor vehicles. No 2,782
person licensed as a commercial motor vehicle driver under 2,783
Chapter 4506. of the Revised Code need procure a driver's 2,784
license, but no person shall drive any commercial motor vehicle 2,785
unless licensed as a commercial motor vehicle driver. 2,786
Every driver's license shall bear DISPLAY on it the 2,788
distinguishing number assigned to the licensee and shall contain 2,790
DISPLAY the licensee's name, date of birth, AND, EXCEPT AS 2,792
OTHERWISE PROVIDED IN THIS SECTION, THE LICENSEE'S social 2,794
security number if such number has been assigned; the licensee's 2,796
residence address and county of residence; a color photograph of 2,797
the licensee; a brief description of the licensee for the purpose 2,798
of identification; a facsimile of the signature of the licensee 2,799
as it appears on the application for the license; a space marked 2,800
"blood type" in which a licensee may specify the licensee's blood 2,802
type; a notation, in a manner prescribed by the registrar,
indicating any condition described in division (D)(3) of section 2,803
4507.08 of the Revised Code to which the licensee is subject; on 2,805
and after May 1, 1993, if the licensee has executed a durable 2,806
power of attorney for health care or a declaration governing the 2,807
use or continuation, or the withholding or withdrawal, of 2,808
life-sustaining treatment and has specified that the licensee 2,809
65
wishes the license to indicate that the licensee has executed 2,811
either type of instrument, any symbol chosen by the registrar to 2,812
indicate that the licensee has executed either type of 2,813
instrument; and any additional information that the registrar 2,814
requires by rule. A LICENSE SHALL DISPLAY THE LICENSEE'S SOCIAL 2,816
SECURITY NUMBER UNLESS THE LICENSEE SPECIFICALLY REQUESTS THAT 2,817
THE LICENSEE'S SOCIAL SECURITY NUMBER NOT BE DISPLAYED ON THE
LICENSE. IF FEDERAL LAW REQUIRES THE LICENSEE'S SOCIAL SECURITY 2,818
NUMBER TO BE DISPLAYED ON THE LICENSE, THE SOCIAL SECURITY NUMBER 2,819
SHALL BE DISPLAYED ON THE LICENSE NOTWITHSTANDING A REQUEST TO 2,820
NOT DISPLAY THE NUMBER PURSUANT TO THIS SECTION.
The driver's license for licensees under twenty-one years 2,822
of age shall have characteristics prescribed by the registrar 2,823
distinguishing it from that issued to a licensee who is 2,824
twenty-one years of age or older, except that a driver's license 2,825
issued to a person who applies no more than thirty days before 2,826
the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one 2,827
year YEARS of age or older. 2,828
The driver's license issued to a temporary resident shall 2,830
contain the word "nonrenewable" and shall have any additional 2,831
characteristics prescribed by the registrar distinguishing it 2,832
from a license issued to a resident.
Every driver's or commercial driver's license bearing 2,834
DISPLAYING a motorcycle operator's endorsement and every 2,836
restricted license to operate a motor vehicle also shall bear 2,837
DISPLAY the designation "novice," if the endorsement or license 2,839
is issued to a person who is eighteen years of age or older and 2,840
previously has not been licensed to operate a motorcycle by this 2,841
state or another jurisdiction recognized by this state. The 2,842
"novice" designation shall be effective for one year after the 2,843
date of issuance of the motorcycle operator's endorsement or 2,844
license.
Each license issued under this section shall be of such 2,846
66
material and so designed as to prevent its reproduction or 2,847
alteration without ready detection and, to this end, shall be 2,848
laminated with a transparent plastic material. 2,849
(B) Except in regard to a driver's license issued to a 2,851
person who applies no more than thirty days before the 2,852
applicant's twenty-first birthday, neither the registrar nor any 2,853
deputy registrar shall issue a driver's license to anyone under 2,855
twenty-one years of age that does not have the characteristics 2,856
prescribed by the registrar distinguishing it from the driver's 2,857
license issued to persons who are twenty-one years of age or
older. 2,858
Section 5. That all existing versions of section 4507.13 2,860
of the Revised Code are hereby repealed. 2,861
Section 6. Sections 4 and 5 of this act shall take effect 2,863
January 1, 1999. 2,864