As Reported by the Senate Highways and Transportation Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 306 5
1999-2000 6
REPRESENTATIVES CAREY-BATEMAN-THOMAS-HARRIS-DAMSCHRODER- 8
EVANS-SULZER-PERRY-TERWILLEGER-VERICH-PRINGLE-CLANCY- 9
MOTTLEY-LOGAN-VESPER-PADGETT-HEALY-BUEHRER-JONES-SULLIVAN- 10
HOLLISTER-ROMAN-KREBS-BUCHY-PATTON-TIBERI-SCHULER-AMSTUTZ- OPFER 12
_________________________________________________________________ 13
A B I L L
To amend sections 1547.01, 1547.052, 1548.09, 15
4503.31, 4517.01, and 4517.03 of the Revised Code 16
to provide that a place of business that is used 18
for selling, displaying, offering for sale, or
dealing in motor vehicles by a licensed motor 19
vehicle dealer shall be considered as used 20
exclusively for those purposes even though
outdoor power equipment, watercraft and related 21
products, or, in the case of a licensed new motor 22
vehicle dealer, products manufactured or 23
distributed by a motor vehicle manufacturer with 24
which the new motor vehicle dealer has a 25
franchise agreement, are sold or displayed there, 26
to modify eligibility for issuance of a motor 27
vehicle placard used by persons other than
manufacturers, dealers, or distributors, to 29
reduce from ten to seven years the length of time 30
that a clerk of a court of common pleas is
required to retain watercraft certificates of 31
title, to create a definition of a watercraft 33
dealer for purposes of the Watercraft Law, and to 34
require a person who leases, hires, or rents a
powercraft powered by more than ten horsepower to 35
sign a statement, rather than an affidavit, that 36
the person has successfully completed an approved 37
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safe boater course or a proficiency examination. 38
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 40
Section 1. That sections 1547.01, 1547.052, 1548.09, 42
4503.31, 4517.01, and 4517.03 of the Revised Code be amended to 44
read as follows: 45
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 54
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 55
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 56
Revised Code, "watercraft" means any of the following when used 57
or capable of being used for transportation on the water: 58
(1) A vessel operated by machinery either permanently or 60
temporarily affixed; 61
(2) A sailboat other than a sailboard; 63
(3) An inflatable, manually propelled boat having a hull 65
identification number meeting the requirements of the United 66
States coast guard; 67
(4) A canoe or rowboat. 69
"Watercraft" does not include ferries as referred to in 71
Chapter 4583. of the Revised Code. 72
Watercraft subject to section 1547.54 of the Revised Code 74
shall be divided into five classes as follows: 75
Class A: Less than sixteen feet in length; 77
Class 1: At least sixteen feet, but less than twenty-six 79
feet in length; 80
Class 2: At least twenty-six feet, but less than forty 82
feet in length; 83
Class 3: At least forty feet, but less than sixty-five 86
feet in length; 87
Class 4: At least sixty-five feet in length. 89
(B) As used in this chapter: 91
(1) "Vessel" includes every description of watercraft, 93
including nondisplacement craft and seaplanes, used or capable of 94
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being used as a means of transportation on water. 95
(2) "Rowboat" means any vessel designed to be rowed and 97
that is propelled by human muscular effort by oars or paddles and 100
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 101
for the operation of the vessel. 102
(3) "Sailboat" means any vessel, equipped with mast and 104
sails, dependent upon the wind to propel it in the normal course 105
of operation. 106
(a) Any sailboat equipped with an inboard engine is deemed 108
a powercraft with auxiliary sail. 109
(b) Any sailboat equipped with a detachable motor is 111
deemed a sailboat with auxiliary power. 112
(c) Any sailboat being propelled by mechanical power, 114
whether under sail or not, is deemed a powercraft and subject to 115
all laws and rules governing powercraft operation. 116
(4) "Powercraft" means any vessel propelled by machinery, 118
fuel, rockets, or similar device. 119
(5) "Person" includes any legal entity defined as a person 121
in section 1.59 of the Revised Code and any body politic, except 122
the United States and this state, and includes any agent, 123
trustee, executor, receiver, assignee, or other representative 124
thereof.
(6) "Owner" includes any person who claims lawful 126
possession of a vessel by virtue of legal title or equitable 127
interest therein that entitled the person to that possession. 129
(7) "Operator" includes any person who navigates or has 131
under the person's control a vessel, or vessel and detachable 133
motor, on the waters in this state. 134
(8) "Visible" means visible on a dark night with clear 136
atmosphere. 137
(9) "Waters in this state" means all streams, rivers, 139
lakes, ponds, marshes, watercourses, waterways, and other bodies 141
of water, natural or humanmade, that are situated wholly or 143
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partially within this state or within its jurisdiction and are 144
used for recreational boating.
(10) "Navigable waters" means waters that come under the 146
jurisdiction of the department of the army of the United States 147
and any waterways within or adjacent to this state, except inland 148
lakes having neither a navigable inlet nor outlet. 149
(11) "In operation" in reference to a vessel means that 151
the vessel is being navigated or otherwise used on the waters in 153
this state. 154
(12) "Sewage" means human body wastes and the wastes from 156
toilets and other receptacles intended to receive or retain body 157
waste. 158
(13) "Canoe" means a narrow vessel of shallow draft, 160
pointed at both ends and propelled by human muscular effort, and 161
includes kayaks. 162
(14) "Coast guard approved" means bearing an approval 164
number assigned by the United States coast guard. 165
(15) "Type one personal flotation device" means a device 167
that is designed to turn an unconscious person floating in water 169
from a face downward position to a vertical or slightly face 170
upward position and that has at least nine kilograms, 172
approximately twenty pounds, of buoyancy. 173
(16) "Type two personal flotation device" means a device 175
that is designed to turn an unconscious person in the water from 177
a face downward position to a vertical or slightly face upward 178
position and that has at least seven kilograms, approximately 180
fifteen and four-tenths pounds, of buoyancy. 181
(17) "Type three personal flotation device" means a device 183
that is designed to keep a conscious person in a vertical or 185
slightly face upward position and that has at least seven 187
kilograms, approximately fifteen and four-tenths pounds, of 188
buoyancy. 189
(18) "Type four personal flotation device" means a device 191
that is designed to be thrown to a person in the water and not 193
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worn and that has at least seven and five-tenths kilograms, 196
approximately sixteen and five-tenths pounds, of buoyancy. 197
(19) "Type five personal flotation device" means a device 200
that, unlike other personal flotation devices, has limitations on 201
its approval by the United States coast guard, including, without 202
limitation, all of the following: 203
(a) The approval label on the type five personal flotation 205
device indicates that the device is approved for the activity in 206
which the vessel is being used or as a substitute for a personal 207
flotation device of the type required on the vessel in use; 208
(b) The personal flotation device is used in accordance 210
with any requirements on the approval label; 211
(c) The personal flotation device is used in accordance 213
with requirements in its owner's manual if the approval label 214
refers to such a manual. 215
(20) "Inflatable watercraft" means any vessel constructed 217
of rubber, canvas, or other material that is designed to be 219
inflated with any gaseous substance, constructed with two or more 220
air cells, and operated as a vessel. Inflatable watercraft 221
propelled by a motor shall be classified as powercraft and shall 222
be registered by length. 223
(21) "Idle speed" means the slowest possible speed needed 225
to maintain steerage or maneuverability. 226
(22) "Diver's flag" means a red flag not less than one 228
foot square having a diagonal white stripe extending from the 229
masthead to the opposite lower corner that when displayed 230
indicates that divers are in the water. 231
(23) "Muffler" means an acoustical suppression device or 234
system that is designed and installed to abate the sound of 235
exhaust gases emitted from an internal combustion engine and that 236
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 238
enforcement and under the command of a law enforcement officer. 239
(25) "Personal watercraft" means a vessel, less than 241
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sixteen feet in length, that is propelled by machinery and 242
designed to be operated by an individual sitting, standing, or 243
kneeling on the vessel rather than by an individual sitting or 244
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 246
(27) "WATERCRAFT DEALER" MEANS ANY PERSON WHO IS REGULARLY 248
ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING, DISPLAYING, 249
OFFERING FOR SALE, OR DEALING IN VESSELS AT AN ESTABLISHED PLACE 250
OF BUSINESS. "WATERCRAFT DEALER" DOES NOT INCLUDE A PERSON WHO 251
IS A MARINE SALVAGE DEALER OR ANY OTHER PERSON WHO DISMANTLES, 252
SALVAGES, OR REBUILDS VESSELS USING USED PARTS.
(C) Unless otherwise provided, this chapter applies to all 254
vessels operating on the waters in this state. Nothing in this 255
chapter shall be construed in contravention of any valid federal 256
act or regulation, but is in addition to the act or regulation 258
where not inconsistent.
The state reserves to itself the exclusive right to 260
regulate the minimum equipment requirements of watercraft and 261
vessels operated on the waters in this state. 262
Sec. 1547.052. (A) No rental business shall lease, hire, 272
or rent a powercraft powered by more than ten horsepower for 273
operation on the waters in this state to a person born on or 274
after January 1, 1982, unless the person meets one of the 275
following requirements: 276
(1) The person signs an affidavit A STATEMENT ON THE 278
RENTAL AGREEMENT OR ATTACHED TO THE RENTAL AGREEMENT that the 279
person has successfully completed a safe boater course approved 280
by the national association of state boating law administrators 281
or has successfully completed a proficiency examination as 282
provided in section 1547.05 of the Revised Code. 284
(2) The person receives educational materials from the 286
rental business and successfully passes, with a score of ninety 287
per cent or better, an abbreviated examination given by the 288
rental business. The achievement of a passing score on the 289
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examination shall be indicated on or attached to the powercraft 290
rental agreement. 291
(B) Any person born on or after January 1, 1982, operating 295
or supervising the operation of a leased, hired, or rented 296
powercraft shall:
(1) Meet the requirements for boater education of division 299
(A) of this section. 300
(2) Be named as an operator on the agreement that leases, 302
hires, or rents the powercraft. 303
(C) The division of watercraft shall make available to all 306
watercraft rental businesses in Ohio boater safety educational 308
materials and an abbreviated examination that shall be used by 309
the watercraft rental business for the purposes of division 310
(A)(2) of this section. 311
Sec. 1548.09. The clerk of the court of common pleas shall 320
issue certificates of title in duplicate. One copy shall be 322
retained and filed by him THE CLERK in his THE CLERK'S office, 323
and the information contained in it shall be transmitted on the 324
day it is issued to the chief of the division of watercraft. The 326
clerk shall sign and affix his THE CLERK'S seal to the original 328
certificate of title and, if there are no liens on the watercraft 329
or outboard motor, shall deliver the certificate to the
applicant. If there are one or more liens on the watercraft or 330
outboard motor, the clerk shall deliver the certificate of title 331
to the holder of the first lien.
The chief shall approve a uniform method of numbering 333
certificates of title. The numbering shall be in such manner 334
that the county of issuance is indicated. Numbers shall be 335
assigned to certificates of title in the manner approved by the 336
chief. The clerk shall file all certificates of title according 337
to policies prescribed by the chief, and the clerk shall maintain 338
in his THE CLERK'S office indexes for the certificates of title. 339
The clerk need not retain on file any certificate of title, 341
duplicate certificate of title, memorandum certificate of title, 342
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or supporting evidence thereof covering any watercraft or 343
outboard motor for a period longer than ten SEVEN years after the 344
date of its filing; thereafter, the certificate and supporting 346
information may be destroyed. The clerk shall issue a duplicate 347
title, when duly applied for, of any title that has been 348
destroyed as provided in this section. 349
Sec. 4503.31. As used in this section, "person" includes, 358
but is not limited to, any person engaged in the business of 359
manufacturing or distributing, or selling at retail, displaying, 360
offering for sale, or dealing in, motorized bicycles who is not 361
subject to section 4503.09 of the Revised Code, or an Ohio 362
nonprofit corporation engaged in the business of testing of motor 363
vehicles. 364
Persons other than manufacturers, dealers, or distributors 366
may register annually with the registrar of motor vehicles and 367
obtain placards to be displayed on motor vehicles as provided by 368
this section. Applications for annual registration shall be made 369
at the time provided for payment of the tax and postage imposed 370
on manufacturers, dealers, or distributors and shall be in the 371
manner to be prescribed by the registrar. The fee for such 372
registration shall be twenty-five dollars and shall not be 373
reduced when the registration is for a part of a year. 374
Applicants may procure a reasonable number of certified copies of 375
such registration upon the payment of a fee of five dollars and 377
appropriate postage as required by the registrar for each copy. 378
Upon the filing of the application and the payment of the 380
fee and postage prescribed by this section, the registrar shall 382
issue to each applicant a certificate of registration and assign 383
a distinctive number and furnish one placard with the number 384
thereon. With each of the certified copies of the registration 385
provided for in this section the registrar shall furnish one 386
placard with the same numbering assigned in the original 387
registration certificate and shall add thereto such special 388
designation as necessary to distinguish one set of placards from 389
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another. All placards furnished by the registrar pursuant to 390
this section shall be so marked as to be distinguishable from 391
placards issued dealers, manufacturers, or distributors. 392
Placards issued pursuant to this section may be used only on 393
motor vehicles or motorized bicycles owned and being used in 394
testing or being demonstrated for purposes of sale or lease; or 395
on motor vehicles subject to the rights and remedies of a secured 396
party being exercised under sections 1309.01 to 1309.50 of the 397
Revised Code; or on motor vehicles being held or transported by 398
any insurance company for purposes of salvage disposition; or on 399
motor vehicles being transported by any persons regularly engaged 400
in salvage operations or scrap metal processing from the point of 401
acquisition to their established place of business; or on motor 402
vehicles owned by or in the lawful possession of an Ohio 403
nonprofit corporation while being used in the testing of those 404
motor vehicles. 405
Placards issued pursuant to this section also may be used 407
by persons regularly and primarily engaged in the business of 408
rustproofing, reconditioning, or installing equipment or trim on 409
motor vehicles for motor vehicle dealers AND SHALL BE USED 410
EXCLUSIVELY when such motor vehicles are being transported to or 412
from the motor vehicle dealer's place of business; and by persons 413
engaged in manufacturing articles for attachment to motor 414
vehicles when such motor vehicles are being transported to or 415
from places where mechanical equipment is attached to the chassis 416
of such new motor vehicles; or on motor vehicles being towed by 417
any persons regularly and primarily engaged in the business of 418
towing motor vehicles while such vehicle is being towed to a 419
point of storage.
Placards issued pursuant to this section also may be used 421
on trailers being transported by persons engaged in the business 422
of selling tangible personal property other than motor vehicles. 423
No person required to register an apportionable vehicle 425
under the international registration plan shall apply for or 426
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receive a placard for that vehicle under this section. 427
The fees collected by the registrar pursuant to this 429
section shall be paid into the state bureau of motor vehicles 430
fund established in section 4501.25 of the Revised Code and used 431
for the purposes described in that section. 432
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 441
the Revised Code: 442
(A) "Persons" includes individuals, firms, partnerships, 444
associations, joint stock companies, corporations, and any 445
combinations of individuals. 446
(B) "Motor vehicle" means motor vehicle as defined in 448
section 4501.01 of the Revised Code and also includes 449
"all-purpose vehicle" and "off-highway motorcycle" as those terms 450
are defined in section 4519.01 of the Revised Code. 451
(C) "New motor vehicle" means a motor vehicle, the legal 453
title to which has never been transferred by a manufacturer, 454
remanufacturer, distributor, or dealer to an ultimate purchaser. 455
(D) "Ultimate purchaser" means, with respect to any new 457
motor vehicle, the first person, other than a dealer purchasing 458
in the capacity of a dealer, who in good faith purchases such new 460
motor vehicle for purposes other than resale. 461
(E) "Business" includes any activities engaged in by any 463
person for the object of gain, benefit, or advantage either 464
direct or indirect. 465
(F) "Engaging in business" means commencing, conducting, 467
or continuing in business, or liquidating a business when the 468
liquidator thereof holds self out to be conducting such business; 471
making a casual sale or otherwise making transfers in the 472
ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of 473
the transferor's assets is not engaging in business. 474
(G) "Retail sale" or "sale at retail" means the act or 476
attempted act of selling, bartering, exchanging, or otherwise 477
disposing of a motor vehicle to an ultimate purchaser for use as 478
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a consumer. 479
(H) "Retail installment contract" includes any contract in 481
the form of a note, chattel mortgage, conditional sales contract, 482
lease, agreement, or other instrument payable in one or more 483
installments over a period of time and arising out of the retail 484
sale of a motor vehicle. 485
(I) "Farm machinery" means all machines and tools used in 487
the production, harvesting, and care of farm products. 488
(J) "Dealer" or "motor vehicle dealer" means any new motor 490
vehicle dealer, any motor vehicle leasing dealer, and any used 491
motor vehicle dealer. 492
(K) "New motor vehicle dealer" means any person engaged in 494
the business of selling at retail, displaying, offering for sale, 495
or dealing in new motor vehicles pursuant to a contract or 496
agreement entered into with the manufacturer, remanufacturer, or 497
distributor of the motor vehicles. 498
(L) "Used motor vehicle dealer" means any person engaged 500
in the business of selling, displaying, offering for sale, or 501
dealing in used motor vehicles, at retail or wholesale, but does 502
not mean any new motor vehicle dealer selling, displaying, 503
offering for sale, or dealing in used motor vehicles incidentally 504
to engaging in the business of selling, displaying, offering for 505
sale, or dealing in new motor vehicles, any person engaged in the 506
business of dismantling, salvaging, or rebuilding motor vehicles 507
by means of using used parts, or any public officer performing 508
official duties. 509
(M) "Motor vehicle leasing dealer" means any person 511
engaged in the business of regularly making available, offering 512
to make available, or arranging for another person to use a motor 513
vehicle pursuant to a bailment, lease, sublease, or other 514
contractual arrangement under which a charge is made for its use 516
at a periodic rate for a term of thirty days or more, and title 517
to the motor vehicle is in and remains in the motor vehicle 519
leasing dealer who originally leases it, irrespective of whether
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or not the motor vehicle is the subject of a later sublease, and 520
not in the user, but does not mean a manufacturer or its 522
affiliate leasing to its employees or to dealers. 523
(N) "Salesperson" means any person employed by a dealer or 525
manufactured home broker to sell, display, and offer for sale, or 526
deal in motor vehicles for a commission, compensation, or other 528
valuable consideration, but does not mean any public officer 529
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by 531
a person other than a new motor vehicle dealer, used motor 532
vehicle dealer, motor vehicle salvage dealer, as defined in 533
division (A) of section 4738.01 of the Revised Code, salesperson, 534
motor vehicle auction owner, manufacturer, or distributor acting 535
in the capacity of a dealer, salesperson, auction owner, 536
manufacturer, or distributor, to a person who purchases the motor 537
vehicle for use as a consumer. 538
(P) "Motor vehicle show" means a display of current models 540
of motor vehicles whereby the primary purpose is the exhibition 541
of competitive makes and models in order to provide the general 542
public the opportunity to review and inspect various makes and 543
models of motor vehicles at a single location. 544
(Q) "Motor vehicle auction owner" means any person who is 546
engaged wholly or in part in the business of auctioning motor 547
vehicles. 548
(R) "Manufacturer" means a person who manufactures, 550
assembles, or imports motor vehicles, including motor homes, but 551
does not mean a person who only assembles or installs a body, 552
special equipment unit, finishing trim, or accessories on a motor 553
vehicle chassis supplied by a manufacturer or distributor. 554
(S) "Tent-type fold-out camping trailer" means any vehicle 556
intended to be used, when stationary, as a temporary shelter with 557
living and sleeping facilities, and which is subject to the 558
following properties and limitations: 559
(1) A minimum of twenty-five per cent of the fold-out 561
13
portion of the top and sidewalls combined must be constructed of 562
canvas, vinyl, or other fabric, and form an integral part of the 563
shelter. 564
(2) When folded, the unit must not exceed: 566
(a) Fifteen feet in length, exclusive of bumper and 568
tongue; 569
(b) Sixty inches in height from the point of contact with 571
the ground; 572
(c) Eight feet in width; 574
(d) One ton gross weight at time of sale. 576
(T) "Distributor" means any person authorized by a motor 578
vehicle manufacturer to distribute new motor vehicles to licensed 579
new motor vehicle dealers, but does not mean a person who only 580
assembles or installs a body, special equipment unit, finishing 581
trim, or accessories on a motor vehicle chassis supplied by a 582
manufacturer or distributor. 583
(U) "Flea market" means a market place, other than a 585
dealer's location licensed under this chapter, where a space or 586
location is provided for a fee or compensation to a seller to 587
exhibit and offer for sale or trade, motor vehicles to the 588
general public. 589
(V) "Franchise" means any written agreement, contract, or 591
understanding between any motor vehicle manufacturer or 592
remanufacturer engaged in commerce and any motor vehicle dealer, 593
which purports to fix the legal rights and liabilities of the 594
parties to such agreement, contract, or understanding. 595
(W) "Franchisee" means a person who receives new motor 597
vehicles from the franchisor under a franchise agreement and who 598
offers, sells, and provides service for such new motor vehicles 599
to the general public. 600
(X) "Franchisor" means a new motor vehicle manufacturer, 602
remanufacturer, or distributor who supplies new motor vehicles 603
under a franchise agreement to a franchisee. 604
(Y) "Dealer organization" means a state or local trade 606
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association the membership of which is comprised predominantly of 607
new motor vehicle dealers. 608
(Z) "Factory representative" means a representative 610
employed by a manufacturer, remanufacturer, or by a factory 611
branch primarily for the purpose of promoting the sale of its 612
motor vehicles, parts, or accessories to dealers or for 613
supervising or contacting its dealers or prospective dealers. 614
(AA) "Administrative or executive management" means those 616
individuals who are not subject to federal wage and hour laws. 617
(BB) "Good faith" means honesty in the conduct or 619
transaction concerned and the observance of reasonable commercial 620
standards of fair dealing in the trade as is defined in division 621
(S) of section 1301.01 of the Revised Code, including, but not 622
limited to, the duty to act in a fair and equitable manner so as 623
to guarantee freedom from coercion, intimidation, or threats of 624
coercion or intimidation; provided however, that recommendation, 625
endorsement, exposition, persuasion, urging, or argument shall 626
not be considered to constitute a lack of good faith. 627
(CC) "Coerce" means to compel or attempt to compel by 629
failing to act in good faith or by threat of economic harm, 630
breach of contract, or other adverse consequences. Coerce does 631
not mean to argue, urge, recommend, or persuade. 632
(DD) "Relevant market area" means any area within a radius 634
of ten miles from the site of a potential new dealership, except 635
that for manufactured home or recreational vehicle dealerships 636
the radius shall be twenty-five miles. 637
(EE) "Wholesale" or "at wholesale" means the act or 639
attempted act of selling, bartering, exchanging, or otherwise 640
disposing of a motor vehicle to a transferee for the purpose of 641
resale and not for ultimate consumption by that transferee. 642
(FF) "Motor vehicle wholesaler" means any person licensed 644
as a dealer under the laws of another state and engaged in the 646
business of selling, displaying, or offering for sale used motor 647
vehicles, at wholesale, but does not mean any motor vehicle
15
dealer as defined in this section. 648
(GG)(1) "Remanufacturer" means a person who assembles or 650
installs passenger seating, walls, a roof elevation, or a body 651
extension on a conversion van with the motor vehicle chassis 652
supplied by a manufacturer or distributor, a person who modifies 654
a truck chassis supplied by a manufacturer or distributor for use 655
as a public safety or public service vehicle, a person who 656
modifies a motor vehicle chassis supplied by a manufacturer or 657
distributor for use as a limousine or hearse, or a person who 658
modifies an incomplete motor vehicle cab and chassis supplied by 659
a new motor vehicle dealer or distributor for use as a tow truck, 660
but does not mean either of the following: 661
(a) A person who assembles or installs passenger seating, 663
walls, a roof elevation, or a body extension on a manufactured 664
home as defined in division (C)(4) of section 3781.06 of the 665
Revised Code, a mobile home as defined in division (O) and 667
referred to in division (B) of section 4501.01 of the Revised 668
Code, or a recreational vehicle as defined in division (Q) and 669
referred to in division (B) of section 4501.01 of the Revised 670
Code;
(b) A person who assembles or installs special equipment 672
or accessories for handicapped persons, as defined in section 673
4503.44 of the Revised Code, upon a motor vehicle chassis 674
supplied by a manufacturer or distributor. 675
(2) For the purposes of division (GG)(1) of this section, 677
"public safety vehicle or public service vehicle" means a fire 679
truck, ambulance, school bus, street sweeper, garbage packing 680
truck, or cement mixer, or a mobile self-contained facility 681
vehicle.
(3) For the purposes of division (GG)(1) of this section, 683
"limousine" means a motor vehicle, designed only for the purpose 684
of carrying nine or fewer passengers, that a person modifies by 685
cutting the original chassis, lengthening the wheelbase by forty 686
inches or more, and reinforcing the chassis in such a way that 688
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all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be 689
deemed to be a remanufacturer who produces limousines unless the 690
person has a written agreement with the manufacturer of the 691
chassis the person utilizes to produce the limousines to complete 692
properly the remanufacture of the chassis into limousines. 693
(4) For the purposes of division (GG)(1) of this section, 695
"hearse" means a motor vehicle, designed only for the purpose of 696
transporting a single casket, that is equipped with a compartment 697
designed specifically to carry a single casket that a person 698
modifies by cutting the original chassis, lengthening the 699
wheelbase by ten inches or more, and reinforcing the chassis in 700
such a way that all modifications comply with all applicable 701
federal motor vehicle safety standards. No person shall qualify 702
as or be deemed to be a remanufacturer who produces hearses 703
unless the person has a written agreement with the manufacturer 704
of the chassis the person utilizes to produce the hearses to 705
complete properly the remanufacture of the chassis into hearses. 706
(5) For the purposes of division (GG)(1) of this section, 708
"mobile self-contained facility vehicle" means a mobile classroom 709
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 710
testing laboratory, and mobile display vehicle, each of which is 711
designed for purposes other than for passenger transportation and 713
other than the transportation or displacement of cargo, freight, 714
materials, or merchandise. A vehicle is remanufactured into a 715
mobile self-contained facility vehicle in part by the addition of 716
insulation to the body shell, and installation of all of the 717
following: a generator, electrical wiring, plumbing, holding 718
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems. 719
(6) For the purposes of division (GG)(1) of this section, 722
"tow truck" means both of the following:
(a) An incomplete cab and chassis that are purchased by a 725
remanufacturer from a new motor vehicle dealer or distributor of 726
17
the cab and chassis and on which the remanufacturer then installs 727
in a permanent manner a wrecker body it purchases from a 728
manufacturer or distributor of wrecker bodies, installs an 729
emergency flashing light pylon and emergency lights upon the mast 730
of the wrecker body or rooftop, and installs such other related 731
accessories and equipment, including push bumpers, front grille 732
guards with pads and other custom-ordered items such as painting, 733
special lettering, and safety striping so as to create a complete 734
motor vehicle capable of lifting and towing another motor 735
vehicle.
(b) An incomplete cab and chassis that are purchased by a 738
remanufacturer from a new motor vehicle dealer or distributor of 739
the cab and chassis and on which the remanufacturer then installs 740
in a permanent manner a car carrier body it purchases from a 741
manufacturer or distributor of car carrier bodies, installs an 742
emergency flashing light pylon and emergency lights upon the 743
rooftop, and installs such other related accessories and 744
equipment, including push bumpers, front grille guards with pads 745
and other custom-ordered items such as painting, special 746
lettering, and safety striping.
As used in division (G)(6)(b) of this section, "car carrier 749
body" means a mechanical or hydraulic apparatus capable of 750
lifting and holding a motor vehicle on a flat level surface so 751
that one or more motor vehicles can be transported, once the car 752
carrier is permanently installed upon an incomplete cab and 753
chassis.
(HH) "Operating as a new motor vehicle dealership" means 755
engaging in activities such as displaying, offering for sale, and 756
selling new motor vehicles at retail, operating a service 757
facility to perform repairs and maintenance on motor vehicles, 758
offering for sale and selling motor vehicle parts at retail, and 759
conducting all other acts that are usual and customary to the 760
operation of a new motor vehicle dealership. For the purposes of 761
this chapter only, possession of either a valid new motor vehicle 762
18
dealer franchise agreement or a new motor vehicle dealers 763
license, or both of these items, is not evidence that a person is 764
operating as a new motor vehicle dealership. 765
(II) "Manufactured home broker" means any person acting as 767
a selling agent on behalf of an owner of a manufactured home that 768
is subject to taxation under section 4503.06 of the Revised Code. 769
(JJ) "OUTDOOR POWER EQUIPMENT" MEANS GARDEN AND SMALL 771
UTILITY TRACTORS, WALK-BEHIND AND RIDING MOWERS, CHAINSAWS, AND 772
TILLERS.
Sec. 4517.03. (A) A place of business that is used for 781
selling, displaying, offering for sale, or dealing in motor 782
vehicles shall be considered as used exclusively for those 783
purposes even though snowmobiles, all-purpose vehicles, or farm 784
machinery is, OUTDOOR POWER EQUIPMENT, WATERCRAFT AND RELATED 785
PRODUCTS, OR PRODUCTS MANUFACTURED OR DISTRIBUTED BY A MOTOR 787
VEHICLE MANUFACTURER WITH WHICH THE MOTOR VEHICLE DEALER HAS A 789
FRANCHISE AGREEMENT ARE sold or displayed there, or if repair, 790
accessory, gasoline and oil, storage, parts, service, or paint 791
departments are maintained there, or such products or services 793
are provided there, if the departments are operated or the 795
products or services are provided for the business of selling, 796
displaying, offering for sale, or dealing in motor vehicles. 797
Places of business or departments in a place of business used to 798
dismantle, salvage, or rebuild motor vehicles by means of using 799
used parts, are not considered as being maintained for the 800
purpose of assisting or furthering the selling, displaying, 801
offering for sale, or dealing in motor vehicles. A place of 802
business shall be considered as used exclusively for selling, 803
displaying, offering for sale, or dealing in motor vehicles even 804
though a business owned by a motor vehicle leasing dealer as 805
defined in section 4517.01 of the Revised Code or a motor vehicle 806
renting dealer as defined in section 4549.65 of the Revised Code 808
is located at the place of business. 809
(B) No new motor vehicle dealer shall sell, display, offer 811
19
for sale, or deal in motor vehicles at any place except an 812
established place of business that is used exclusively for the 813
purpose of selling, displaying, offering for sale, or dealing in 814
motor vehicles. The place of business shall have space, under 816
roof, for the display of at least one new motor vehicle and 817
facilities and space therewith for the inspection, servicing, and 818
repair of at least one motor vehicle; except that a new motor 819
vehicle dealer selling manufactured or mobile homes is exempt 820
from the requirement that a place of business have space, under 821
roof, for the display of at least one new motor vehicle and 822
facilities and space for the inspection, servicing, and repair of 823
at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code 825
shall be construed as prohibiting the sale of a manufactured home 826
located in a manufactured home park by a licensed motor vehicle 827
dealer who is the owner of the manufactured home park. 828
(C) No used motor vehicle dealer shall sell, display, 830
offer for sale, or deal in motor vehicles at any place except an 831
established place of business that is used exclusively for the 832
purpose of selling, displaying, offering for sale, or dealing in 833
motor vehicles. 834
(D) No motor vehicle leasing dealer shall make a motor 836
vehicle available for use by another, in the manner described in 837
division (M) of section 4517.01 of the Revised Code, at any place 838
except an established place of business that is used for leasing 839
motor vehicles; except that a motor vehicle leasing dealer who is 840
also a new motor vehicle dealer or used motor vehicle dealer may 841
lease motor vehicles at the same place of business at which the 842
dealer sells, offers for sale, or deals in new or used motor 843
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 845
renting dealer as defined in section 4549.65 of the Revised Code 846
shall sell a motor vehicle within ninety days after a certificate 847
of title to the motor vehicle is issued to the dealer, except 848
20
when a salvage certificate of title is issued to replace the 849
original certificate of title and except when a motor vehicle 850
leasing dealer sells a motor vehicle to another motor vehicle 851
leasing dealer at the end of a sublease pursuant to that 852
sublease.
(F) No distributor shall distribute new motor vehicles to 854
new motor vehicle dealers at any place except an established 855
place of business that is used exclusively for the purpose of 856
distributing new motor vehicles to new motor vehicle dealers; 857
except that a distributor who is also a new motor vehicle dealer 858
may distribute new motor vehicles at the same place of business 859
at which the distributor sells, displays, offers for sale, or 860
deals in new motor vehicles. 861
(G) No person, firm, or corporation that sells, displays, 863
or offers for sale tent-type fold-out camping trailers is subject 864
to the requirement that the person's, firm's, or corporation's 865
place of business be used exclusively for the purpose of selling, 867
displaying, offering for sale, or dealing in motor vehicles. No 868
person, firm, or corporation that sells, displays, or offers for 869
sale tent-type fold-out camping trailers, trailers, or 870
semitrailers is subject to the requirement that the place of 872
business have space, under roof, for the display of at least one 873
new motor vehicle and facilities and space for the inspection, 874
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in 876
the business of brokering manufactured homes at any place except 878
an established place of business that is used exclusively for the 879
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 881
persons licensed under this chapter from making sales calls. 882
(J) AS USED IN THIS SECTION: 884
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS 886
IN SECTION 4517.01 OF THE REVISED CODE. 887
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS 889
21
IN SECTION 4549.65 OF THE REVISED CODE. 890
(3) "WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 892
1547.01 OF THE REVISED CODE.
Section 2. That existing sections 1547.01, 1547.052, 894
1548.09, 4503.31, 4517.01, and 4517.03 of the Revised Code are 895
hereby repealed. 897
Section 3. Section 1547.052 of the Revised Code, as 899
amended by this act, shall take effect on January 1, 2000. 900
Section 4. Section 4517.01 of the Revised Code is 902
presented in this act as a composite of the section as amended by 903
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 904
Assembly, with the new language of neither of the acts shown in 906
capital letters. This is in recognition of the principle stated 907
in division (B) of section 1.52 of the Revised Code that such 908
amendments are to be harmonized where not substantively 909
irreconcilable and constitutes a legislative finding that such is 910
the resulting version in effect prior to the effective date of 911
this act.