As Passed by the Senate 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- 11
SENATORS OELSLAGER-GARDNER-WATTS-WACHTMANN-ARMBRUSTER 12
_________________________________________________________________ 14
A B I L L
To amend sections 1547.01, 1547.052, 1548.09, 16
4503.31, 4517.01, and 4517.03 of the Revised Code 17
to provide that a place of business that is used 19
for selling, displaying, offering for sale, or
dealing in motor vehicles by a licensed motor 20
vehicle dealer shall be considered as used 21
exclusively for those purposes even though
outdoor power equipment, watercraft and related 22
products, or, in the case of a licensed new motor 23
vehicle dealer, products manufactured or 24
distributed by a motor vehicle manufacturer with 25
which the new motor vehicle dealer has a 26
franchise agreement, are sold or displayed there, 27
to modify eligibility for issuance of a motor 28
vehicle placard used by persons other than
manufacturers, dealers, or distributors, to 30
reduce from ten to seven years the length of time 31
that a clerk of a court of common pleas is
required to retain watercraft certificates of 32
title, to create a definition of a watercraft 34
dealer for purposes of the Watercraft Law, and to 35
require a person who leases, hires, or rents a
powercraft powered by more than ten horsepower to 36
sign a statement, rather than an affidavit, that 37
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the person has successfully completed an approved 38
safe boater course or a proficiency examination. 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
Section 1. That sections 1547.01, 1547.052, 1548.09, 43
4503.31, 4517.01, and 4517.03 of the Revised Code be amended to 45
read as follows: 46
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25, 55
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 56
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the 57
Revised Code, "watercraft" means any of the following when used 58
or capable of being used for transportation on the water: 59
(1) A vessel operated by machinery either permanently or 61
temporarily affixed; 62
(2) A sailboat other than a sailboard; 64
(3) An inflatable, manually propelled boat having a hull 66
identification number meeting the requirements of the United 67
States coast guard; 68
(4) A canoe or rowboat. 70
"Watercraft" does not include ferries as referred to in 72
Chapter 4583. of the Revised Code. 73
Watercraft subject to section 1547.54 of the Revised Code 75
shall be divided into five classes as follows: 76
Class A: Less than sixteen feet in length; 78
Class 1: At least sixteen feet, but less than twenty-six 80
feet in length; 81
Class 2: At least twenty-six feet, but less than forty 83
feet in length; 84
Class 3: At least forty feet, but less than sixty-five 87
feet in length; 88
Class 4: At least sixty-five feet in length. 90
(B) As used in this chapter: 92
(1) "Vessel" includes every description of watercraft, 94
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including nondisplacement craft and seaplanes, used or capable of 95
being used as a means of transportation on water. 96
(2) "Rowboat" means any vessel designed to be rowed and 98
that is propelled by human muscular effort by oars or paddles and 101
upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used 102
for the operation of the vessel. 103
(3) "Sailboat" means any vessel, equipped with mast and 105
sails, dependent upon the wind to propel it in the normal course 106
of operation. 107
(a) Any sailboat equipped with an inboard engine is deemed 109
a powercraft with auxiliary sail. 110
(b) Any sailboat equipped with a detachable motor is 112
deemed a sailboat with auxiliary power. 113
(c) Any sailboat being propelled by mechanical power, 115
whether under sail or not, is deemed a powercraft and subject to 116
all laws and rules governing powercraft operation. 117
(4) "Powercraft" means any vessel propelled by machinery, 119
fuel, rockets, or similar device. 120
(5) "Person" includes any legal entity defined as a person 122
in section 1.59 of the Revised Code and any body politic, except 123
the United States and this state, and includes any agent, 124
trustee, executor, receiver, assignee, or other representative 125
thereof.
(6) "Owner" includes any person who claims lawful 127
possession of a vessel by virtue of legal title or equitable 128
interest therein that entitled the person to that possession. 130
(7) "Operator" includes any person who navigates or has 132
under the person's control a vessel, or vessel and detachable 134
motor, on the waters in this state. 135
(8) "Visible" means visible on a dark night with clear 137
atmosphere. 138
(9) "Waters in this state" means all streams, rivers, 140
lakes, ponds, marshes, watercourses, waterways, and other bodies 142
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of water, natural or humanmade, that are situated wholly or 144
partially within this state or within its jurisdiction and are 145
used for recreational boating.
(10) "Navigable waters" means waters that come under the 147
jurisdiction of the department of the army of the United States 148
and any waterways within or adjacent to this state, except inland 149
lakes having neither a navigable inlet nor outlet. 150
(11) "In operation" in reference to a vessel means that 152
the vessel is being navigated or otherwise used on the waters in 154
this state. 155
(12) "Sewage" means human body wastes and the wastes from 157
toilets and other receptacles intended to receive or retain body 158
waste. 159
(13) "Canoe" means a narrow vessel of shallow draft, 161
pointed at both ends and propelled by human muscular effort, and 162
includes kayaks. 163
(14) "Coast guard approved" means bearing an approval 165
number assigned by the United States coast guard. 166
(15) "Type one personal flotation device" means a device 168
that is designed to turn an unconscious person floating in water 170
from a face downward position to a vertical or slightly face 171
upward position and that has at least nine kilograms, 173
approximately twenty pounds, of buoyancy. 174
(16) "Type two personal flotation device" means a device 176
that is designed to turn an unconscious person in the water from 178
a face downward position to a vertical or slightly face upward 179
position and that has at least seven kilograms, approximately 181
fifteen and four-tenths pounds, of buoyancy. 182
(17) "Type three personal flotation device" means a device 184
that is designed to keep a conscious person in a vertical or 186
slightly face upward position and that has at least seven 188
kilograms, approximately fifteen and four-tenths pounds, of 189
buoyancy. 190
(18) "Type four personal flotation device" means a device 192
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that is designed to be thrown to a person in the water and not 194
worn and that has at least seven and five-tenths kilograms, 197
approximately sixteen and five-tenths pounds, of buoyancy. 198
(19) "Type five personal flotation device" means a device 201
that, unlike other personal flotation devices, has limitations on 202
its approval by the United States coast guard, including, without 203
limitation, all of the following: 204
(a) The approval label on the type five personal flotation 206
device indicates that the device is approved for the activity in 207
which the vessel is being used or as a substitute for a personal 208
flotation device of the type required on the vessel in use; 209
(b) The personal flotation device is used in accordance 211
with any requirements on the approval label; 212
(c) The personal flotation device is used in accordance 214
with requirements in its owner's manual if the approval label 215
refers to such a manual. 216
(20) "Inflatable watercraft" means any vessel constructed 218
of rubber, canvas, or other material that is designed to be 220
inflated with any gaseous substance, constructed with two or more 221
air cells, and operated as a vessel. Inflatable watercraft 222
propelled by a motor shall be classified as powercraft and shall 223
be registered by length. 224
(21) "Idle speed" means the slowest possible speed needed 226
to maintain steerage or maneuverability. 227
(22) "Diver's flag" means a red flag not less than one 229
foot square having a diagonal white stripe extending from the 230
masthead to the opposite lower corner that when displayed 231
indicates that divers are in the water. 232
(23) "Muffler" means an acoustical suppression device or 235
system that is designed and installed to abate the sound of 236
exhaust gases emitted from an internal combustion engine and that 237
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law 239
enforcement and under the command of a law enforcement officer. 240
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(25) "Personal watercraft" means a vessel, less than 242
sixteen feet in length, that is propelled by machinery and 243
designed to be operated by an individual sitting, standing, or 244
kneeling on the vessel rather than by an individual sitting or 245
standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed." 247
(27) "WATERCRAFT DEALER" MEANS ANY PERSON WHO IS REGULARLY 249
ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING, DISPLAYING, 250
OFFERING FOR SALE, OR DEALING IN VESSELS AT AN ESTABLISHED PLACE 251
OF BUSINESS. "WATERCRAFT DEALER" DOES NOT INCLUDE A PERSON WHO 252
IS A MARINE SALVAGE DEALER OR ANY OTHER PERSON WHO DISMANTLES, 253
SALVAGES, OR REBUILDS VESSELS USING USED PARTS.
(C) Unless otherwise provided, this chapter applies to all 255
vessels operating on the waters in this state. Nothing in this 256
chapter shall be construed in contravention of any valid federal 257
act or regulation, but is in addition to the act or regulation 259
where not inconsistent.
The state reserves to itself the exclusive right to 261
regulate the minimum equipment requirements of watercraft and 262
vessels operated on the waters in this state. 263
Sec. 1547.052. (A) No rental business shall lease, hire, 273
or rent a powercraft powered by more than ten horsepower for 274
operation on the waters in this state to a person born on or 275
after January 1, 1982, unless the person meets one of the 276
following requirements: 277
(1) The person signs an affidavit A STATEMENT ON THE 279
RENTAL AGREEMENT OR ATTACHED TO THE RENTAL AGREEMENT that the 280
person has successfully completed a safe boater course approved 281
by the national association of state boating law administrators 282
or has successfully completed a proficiency examination as 283
provided in section 1547.05 of the Revised Code. 285
(2) The person receives educational materials from the 287
rental business and successfully passes, with a score of ninety 288
per cent or better, an abbreviated examination given by the 289
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rental business. The achievement of a passing score on the 290
examination shall be indicated on or attached to the powercraft 291
rental agreement. 292
(B) Any person born on or after January 1, 1982, operating 296
or supervising the operation of a leased, hired, or rented 297
powercraft shall:
(1) Meet the requirements for boater education of division 300
(A) of this section. 301
(2) Be named as an operator on the agreement that leases, 303
hires, or rents the powercraft. 304
(C) The division of watercraft shall make available to all 307
watercraft rental businesses in Ohio boater safety educational 309
materials and an abbreviated examination that shall be used by 310
the watercraft rental business for the purposes of division 311
(A)(2) of this section. 312
Sec. 1548.09. The clerk of the court of common pleas shall 321
issue certificates of title in duplicate. One copy shall be 323
retained and filed by him THE CLERK in his THE CLERK'S office, 324
and the information contained in it shall be transmitted on the 325
day it is issued to the chief of the division of watercraft. The 327
clerk shall sign and affix his THE CLERK'S seal to the original 329
certificate of title and, if there are no liens on the watercraft 330
or outboard motor, shall deliver the certificate to the
applicant. If there are one or more liens on the watercraft or 331
outboard motor, the clerk shall deliver the certificate of title 332
to the holder of the first lien.
The chief shall approve a uniform method of numbering 334
certificates of title. The numbering shall be in such manner 335
that the county of issuance is indicated. Numbers shall be 336
assigned to certificates of title in the manner approved by the 337
chief. The clerk shall file all certificates of title according 338
to policies prescribed by the chief, and the clerk shall maintain 339
in his THE CLERK'S office indexes for the certificates of title. 340
The clerk need not retain on file any certificate of title, 342
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duplicate certificate of title, memorandum certificate of title, 343
or supporting evidence thereof covering any watercraft or 344
outboard motor for a period longer than ten SEVEN years after the 345
date of its filing; thereafter, the certificate and supporting 347
information may be destroyed. The clerk shall issue a duplicate 348
title, when duly applied for, of any title that has been 349
destroyed as provided in this section. 350
Sec. 4503.31. As used in this section, "person" includes, 359
but is not limited to, any person engaged in the business of 360
manufacturing or distributing, or selling at retail, displaying, 361
offering for sale, or dealing in, motorized bicycles who is not 362
subject to section 4503.09 of the Revised Code, or an Ohio 363
nonprofit corporation engaged in the business of testing of motor 364
vehicles. 365
Persons other than manufacturers, dealers, or distributors 367
may register annually with the registrar of motor vehicles and 368
obtain placards to be displayed on motor vehicles as provided by 369
this section. Applications for annual registration shall be made 370
at the time provided for payment of the tax and postage imposed 371
on manufacturers, dealers, or distributors and shall be in the 372
manner to be prescribed by the registrar. The fee for such 373
registration shall be twenty-five dollars and shall not be 374
reduced when the registration is for a part of a year. 375
Applicants may procure a reasonable number of certified copies of 376
such registration upon the payment of a fee of five dollars and 378
appropriate postage as required by the registrar for each copy. 379
Upon the filing of the application and the payment of the 381
fee and postage prescribed by this section, the registrar shall 383
issue to each applicant a certificate of registration and assign 384
a distinctive number and furnish one placard with the number 385
thereon. With each of the certified copies of the registration 386
provided for in this section the registrar shall furnish one 387
placard with the same numbering assigned in the original 388
registration certificate and shall add thereto such special 389
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designation as necessary to distinguish one set of placards from 390
another. All placards furnished by the registrar pursuant to 391
this section shall be so marked as to be distinguishable from 392
placards issued dealers, manufacturers, or distributors. 393
Placards issued pursuant to this section may be used only on 394
motor vehicles or motorized bicycles owned and being used in 395
testing or being demonstrated for purposes of sale or lease; or 396
on motor vehicles subject to the rights and remedies of a secured 397
party being exercised under sections 1309.01 to 1309.50 of the 398
Revised Code; or on motor vehicles being held or transported by 399
any insurance company for purposes of salvage disposition; or on 400
motor vehicles being transported by any persons regularly engaged 401
in salvage operations or scrap metal processing from the point of 402
acquisition to their established place of business; or on motor 403
vehicles owned by or in the lawful possession of an Ohio 404
nonprofit corporation while being used in the testing of those 405
motor vehicles. 406
Placards issued pursuant to this section also may be used 408
by persons regularly and primarily engaged in the business of 409
rustproofing, reconditioning, or installing equipment or trim on 410
motor vehicles for motor vehicle dealers AND SHALL BE USED 411
EXCLUSIVELY when such motor vehicles are being transported to or 413
from the motor vehicle dealer's place of business; and by persons 414
engaged in manufacturing articles for attachment to motor 415
vehicles when such motor vehicles are being transported to or 416
from places where mechanical equipment is attached to the chassis 417
of such new motor vehicles; or on motor vehicles being towed by 418
any persons regularly and primarily engaged in the business of 419
towing motor vehicles while such vehicle is being towed to a 420
point of storage.
Placards issued pursuant to this section also may be used 422
on trailers being transported by persons engaged in the business 423
of selling tangible personal property other than motor vehicles. 424
No person required to register an apportionable vehicle 426
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under the international registration plan shall apply for or 427
receive a placard for that vehicle under this section. 428
The fees collected by the registrar pursuant to this 430
section shall be paid into the state bureau of motor vehicles 431
fund established in section 4501.25 of the Revised Code and used 432
for the purposes described in that section. 433
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of 442
the Revised Code: 443
(A) "Persons" includes individuals, firms, partnerships, 445
associations, joint stock companies, corporations, and any 446
combinations of individuals. 447
(B) "Motor vehicle" means motor vehicle as defined in 449
section 4501.01 of the Revised Code and also includes 450
"all-purpose vehicle" and "off-highway motorcycle" as those terms 451
are defined in section 4519.01 of the Revised Code. 452
(C) "New motor vehicle" means a motor vehicle, the legal 454
title to which has never been transferred by a manufacturer, 455
remanufacturer, distributor, or dealer to an ultimate purchaser. 456
(D) "Ultimate purchaser" means, with respect to any new 458
motor vehicle, the first person, other than a dealer purchasing 459
in the capacity of a dealer, who in good faith purchases such new 461
motor vehicle for purposes other than resale. 462
(E) "Business" includes any activities engaged in by any 464
person for the object of gain, benefit, or advantage either 465
direct or indirect. 466
(F) "Engaging in business" means commencing, conducting, 468
or continuing in business, or liquidating a business when the 469
liquidator thereof holds self out to be conducting such business; 472
making a casual sale or otherwise making transfers in the 473
ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of 474
the transferor's assets is not engaging in business. 475
(G) "Retail sale" or "sale at retail" means the act or 477
attempted act of selling, bartering, exchanging, or otherwise 478
11
disposing of a motor vehicle to an ultimate purchaser for use as 479
a consumer. 480
(H) "Retail installment contract" includes any contract in 482
the form of a note, chattel mortgage, conditional sales contract, 483
lease, agreement, or other instrument payable in one or more 484
installments over a period of time and arising out of the retail 485
sale of a motor vehicle. 486
(I) "Farm machinery" means all machines and tools used in 488
the production, harvesting, and care of farm products. 489
(J) "Dealer" or "motor vehicle dealer" means any new motor 491
vehicle dealer, any motor vehicle leasing dealer, and any used 492
motor vehicle dealer. 493
(K) "New motor vehicle dealer" means any person engaged in 495
the business of selling at retail, displaying, offering for sale, 496
or dealing in new motor vehicles pursuant to a contract or 497
agreement entered into with the manufacturer, remanufacturer, or 498
distributor of the motor vehicles. 499
(L) "Used motor vehicle dealer" means any person engaged 501
in the business of selling, displaying, offering for sale, or 502
dealing in used motor vehicles, at retail or wholesale, but does 503
not mean any new motor vehicle dealer selling, displaying, 504
offering for sale, or dealing in used motor vehicles incidentally 505
to engaging in the business of selling, displaying, offering for 506
sale, or dealing in new motor vehicles, any person engaged in the 507
business of dismantling, salvaging, or rebuilding motor vehicles 508
by means of using used parts, or any public officer performing 509
official duties. 510
(M) "Motor vehicle leasing dealer" means any person 512
engaged in the business of regularly making available, offering 513
to make available, or arranging for another person to use a motor 514
vehicle pursuant to a bailment, lease, sublease, or other 515
contractual arrangement under which a charge is made for its use 517
at a periodic rate for a term of thirty days or more, and title 518
to the motor vehicle is in and remains in the motor vehicle 520
12
leasing dealer who originally leases it, irrespective of whether
or not the motor vehicle is the subject of a later sublease, and 521
not in the user, but does not mean a manufacturer or its 523
affiliate leasing to its employees or to dealers. 524
(N) "Salesperson" means any person employed by a dealer or 526
manufactured home broker to sell, display, and offer for sale, or 527
deal in motor vehicles for a commission, compensation, or other 529
valuable consideration, but does not mean any public officer 530
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by 532
a person other than a new motor vehicle dealer, used motor 533
vehicle dealer, motor vehicle salvage dealer, as defined in 534
division (A) of section 4738.01 of the Revised Code, salesperson, 535
motor vehicle auction owner, manufacturer, or distributor acting 536
in the capacity of a dealer, salesperson, auction owner, 537
manufacturer, or distributor, to a person who purchases the motor 538
vehicle for use as a consumer. 539
(P) "Motor vehicle show" means a display of current models 541
of motor vehicles whereby the primary purpose is the exhibition 542
of competitive makes and models in order to provide the general 543
public the opportunity to review and inspect various makes and 544
models of motor vehicles at a single location. 545
(Q) "Motor vehicle auction owner" means any person who is 547
engaged wholly or in part in the business of auctioning motor 548
vehicles. 549
(R) "Manufacturer" means a person who manufactures, 551
assembles, or imports motor vehicles, including motor homes, but 552
does not mean a person who only assembles or installs a body, 553
special equipment unit, finishing trim, or accessories on a motor 554
vehicle chassis supplied by a manufacturer or distributor. 555
(S) "Tent-type fold-out camping trailer" means any vehicle 557
intended to be used, when stationary, as a temporary shelter with 558
living and sleeping facilities, and which is subject to the 559
following properties and limitations: 560
13
(1) A minimum of twenty-five per cent of the fold-out 562
portion of the top and sidewalls combined must be constructed of 563
canvas, vinyl, or other fabric, and form an integral part of the 564
shelter. 565
(2) When folded, the unit must not exceed: 567
(a) Fifteen feet in length, exclusive of bumper and 569
tongue; 570
(b) Sixty inches in height from the point of contact with 572
the ground; 573
(c) Eight feet in width; 575
(d) One ton gross weight at time of sale. 577
(T) "Distributor" means any person authorized by a motor 579
vehicle manufacturer to distribute new motor vehicles to licensed 580
new motor vehicle dealers, but does not mean a person who only 581
assembles or installs a body, special equipment unit, finishing 582
trim, or accessories on a motor vehicle chassis supplied by a 583
manufacturer or distributor. 584
(U) "Flea market" means a market place, other than a 586
dealer's location licensed under this chapter, where a space or 587
location is provided for a fee or compensation to a seller to 588
exhibit and offer for sale or trade, motor vehicles to the 589
general public. 590
(V) "Franchise" means any written agreement, contract, or 592
understanding between any motor vehicle manufacturer or 593
remanufacturer engaged in commerce and any motor vehicle dealer, 594
which purports to fix the legal rights and liabilities of the 595
parties to such agreement, contract, or understanding. 596
(W) "Franchisee" means a person who receives new motor 598
vehicles from the franchisor under a franchise agreement and who 599
offers, sells, and provides service for such new motor vehicles 600
to the general public. 601
(X) "Franchisor" means a new motor vehicle manufacturer, 603
remanufacturer, or distributor who supplies new motor vehicles 604
under a franchise agreement to a franchisee. 605
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(Y) "Dealer organization" means a state or local trade 607
association the membership of which is comprised predominantly of 608
new motor vehicle dealers. 609
(Z) "Factory representative" means a representative 611
employed by a manufacturer, remanufacturer, or by a factory 612
branch primarily for the purpose of promoting the sale of its 613
motor vehicles, parts, or accessories to dealers or for 614
supervising or contacting its dealers or prospective dealers. 615
(AA) "Administrative or executive management" means those 617
individuals who are not subject to federal wage and hour laws. 618
(BB) "Good faith" means honesty in the conduct or 620
transaction concerned and the observance of reasonable commercial 621
standards of fair dealing in the trade as is defined in division 622
(S) of section 1301.01 of the Revised Code, including, but not 623
limited to, the duty to act in a fair and equitable manner so as 624
to guarantee freedom from coercion, intimidation, or threats of 625
coercion or intimidation; provided however, that recommendation, 626
endorsement, exposition, persuasion, urging, or argument shall 627
not be considered to constitute a lack of good faith. 628
(CC) "Coerce" means to compel or attempt to compel by 630
failing to act in good faith or by threat of economic harm, 631
breach of contract, or other adverse consequences. Coerce does 632
not mean to argue, urge, recommend, or persuade. 633
(DD) "Relevant market area" means any area within a radius 635
of ten miles from the site of a potential new dealership, except 636
that for manufactured home or recreational vehicle dealerships 637
the radius shall be twenty-five miles. 638
(EE) "Wholesale" or "at wholesale" means the act or 640
attempted act of selling, bartering, exchanging, or otherwise 641
disposing of a motor vehicle to a transferee for the purpose of 642
resale and not for ultimate consumption by that transferee. 643
(FF) "Motor vehicle wholesaler" means any person licensed 645
as a dealer under the laws of another state and engaged in the 647
business of selling, displaying, or offering for sale used motor 648
15
vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section. 649
(GG)(1) "Remanufacturer" means a person who assembles or 651
installs passenger seating, walls, a roof elevation, or a body 652
extension on a conversion van with the motor vehicle chassis 653
supplied by a manufacturer or distributor, a person who modifies 655
a truck chassis supplied by a manufacturer or distributor for use 656
as a public safety or public service vehicle, a person who 657
modifies a motor vehicle chassis supplied by a manufacturer or 658
distributor for use as a limousine or hearse, or a person who 659
modifies an incomplete motor vehicle cab and chassis supplied by 660
a new motor vehicle dealer or distributor for use as a tow truck, 661
but does not mean either of the following: 662
(a) A person who assembles or installs passenger seating, 664
walls, a roof elevation, or a body extension on a manufactured 665
home as defined in division (C)(4) of section 3781.06 of the 666
Revised Code, a mobile home as defined in division (O) and 668
referred to in division (B) of section 4501.01 of the Revised 669
Code, or a recreational vehicle as defined in division (Q) and 670
referred to in division (B) of section 4501.01 of the Revised 671
Code;
(b) A person who assembles or installs special equipment 673
or accessories for handicapped persons, as defined in section 674
4503.44 of the Revised Code, upon a motor vehicle chassis 675
supplied by a manufacturer or distributor. 676
(2) For the purposes of division (GG)(1) of this section, 678
"public safety vehicle or public service vehicle" means a fire 680
truck, ambulance, school bus, street sweeper, garbage packing 681
truck, or cement mixer, or a mobile self-contained facility 682
vehicle.
(3) For the purposes of division (GG)(1) of this section, 684
"limousine" means a motor vehicle, designed only for the purpose 685
of carrying nine or fewer passengers, that a person modifies by 686
cutting the original chassis, lengthening the wheelbase by forty 687
16
inches or more, and reinforcing the chassis in such a way that 689
all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be 690
deemed to be a remanufacturer who produces limousines unless the 691
person has a written agreement with the manufacturer of the 692
chassis the person utilizes to produce the limousines to complete 693
properly the remanufacture of the chassis into limousines. 694
(4) For the purposes of division (GG)(1) of this section, 696
"hearse" means a motor vehicle, designed only for the purpose of 697
transporting a single casket, that is equipped with a compartment 698
designed specifically to carry a single casket that a person 699
modifies by cutting the original chassis, lengthening the 700
wheelbase by ten inches or more, and reinforcing the chassis in 701
such a way that all modifications comply with all applicable 702
federal motor vehicle safety standards. No person shall qualify 703
as or be deemed to be a remanufacturer who produces hearses 704
unless the person has a written agreement with the manufacturer 705
of the chassis the person utilizes to produce the hearses to 706
complete properly the remanufacture of the chassis into hearses. 707
(5) For the purposes of division (GG)(1) of this section, 709
"mobile self-contained facility vehicle" means a mobile classroom 710
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 711
testing laboratory, and mobile display vehicle, each of which is 712
designed for purposes other than for passenger transportation and 714
other than the transportation or displacement of cargo, freight, 715
materials, or merchandise. A vehicle is remanufactured into a 716
mobile self-contained facility vehicle in part by the addition of 717
insulation to the body shell, and installation of all of the 718
following: a generator, electrical wiring, plumbing, holding 719
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems. 720
(6) For the purposes of division (GG)(1) of this section, 723
"tow truck" means both of the following:
(a) An incomplete cab and chassis that are purchased by a 726
17
remanufacturer from a new motor vehicle dealer or distributor of 727
the cab and chassis and on which the remanufacturer then installs 728
in a permanent manner a wrecker body it purchases from a 729
manufacturer or distributor of wrecker bodies, installs an 730
emergency flashing light pylon and emergency lights upon the mast 731
of the wrecker body or rooftop, and installs such other related 732
accessories and equipment, including push bumpers, front grille 733
guards with pads and other custom-ordered items such as painting, 734
special lettering, and safety striping so as to create a complete 735
motor vehicle capable of lifting and towing another motor 736
vehicle.
(b) An incomplete cab and chassis that are purchased by a 739
remanufacturer from a new motor vehicle dealer or distributor of 740
the cab and chassis and on which the remanufacturer then installs 741
in a permanent manner a car carrier body it purchases from a 742
manufacturer or distributor of car carrier bodies, installs an 743
emergency flashing light pylon and emergency lights upon the 744
rooftop, and installs such other related accessories and 745
equipment, including push bumpers, front grille guards with pads 746
and other custom-ordered items such as painting, special 747
lettering, and safety striping.
As used in division (G)(6)(b) of this section, "car carrier 750
body" means a mechanical or hydraulic apparatus capable of 751
lifting and holding a motor vehicle on a flat level surface so 752
that one or more motor vehicles can be transported, once the car 753
carrier is permanently installed upon an incomplete cab and 754
chassis.
(HH) "Operating as a new motor vehicle dealership" means 756
engaging in activities such as displaying, offering for sale, and 757
selling new motor vehicles at retail, operating a service 758
facility to perform repairs and maintenance on motor vehicles, 759
offering for sale and selling motor vehicle parts at retail, and 760
conducting all other acts that are usual and customary to the 761
operation of a new motor vehicle dealership. For the purposes of 762
18
this chapter only, possession of either a valid new motor vehicle 763
dealer franchise agreement or a new motor vehicle dealers 764
license, or both of these items, is not evidence that a person is 765
operating as a new motor vehicle dealership. 766
(II) "Manufactured home broker" means any person acting as 768
a selling agent on behalf of an owner of a manufactured home that 769
is subject to taxation under section 4503.06 of the Revised Code. 770
(JJ) "OUTDOOR POWER EQUIPMENT" MEANS GARDEN AND SMALL 772
UTILITY TRACTORS, WALK-BEHIND AND RIDING MOWERS, CHAINSAWS, AND 773
TILLERS.
Sec. 4517.03. (A) A place of business that is used for 782
selling, displaying, offering for sale, or dealing in motor 783
vehicles shall be considered as used exclusively for those 784
purposes even though snowmobiles, all-purpose vehicles, or farm 785
machinery is, OUTDOOR POWER EQUIPMENT, WATERCRAFT AND RELATED 786
PRODUCTS, OR PRODUCTS MANUFACTURED OR DISTRIBUTED BY A MOTOR 788
VEHICLE MANUFACTURER WITH WHICH THE MOTOR VEHICLE DEALER HAS A 790
FRANCHISE AGREEMENT ARE sold or displayed there, or if repair, 791
accessory, gasoline and oil, storage, parts, service, or paint 792
departments are maintained there, or such products or services 794
are provided there, if the departments are operated or the 796
products or services are provided for the business of selling, 797
displaying, offering for sale, or dealing in motor vehicles. 798
Places of business or departments in a place of business used to 799
dismantle, salvage, or rebuild motor vehicles by means of using 800
used parts, are not considered as being maintained for the 801
purpose of assisting or furthering the selling, displaying, 802
offering for sale, or dealing in motor vehicles. A place of 803
business shall be considered as used exclusively for selling, 804
displaying, offering for sale, or dealing in motor vehicles even 805
though a business owned by a motor vehicle leasing dealer as 806
defined in section 4517.01 of the Revised Code or a motor vehicle 807
renting dealer as defined in section 4549.65 of the Revised Code 809
is located at the place of business. 810
19
(B) No new motor vehicle dealer shall sell, display, offer 812
for sale, or deal in motor vehicles at any place except an 813
established place of business that is used exclusively for the 814
purpose of selling, displaying, offering for sale, or dealing in 815
motor vehicles. The place of business shall have space, under 817
roof, for the display of at least one new motor vehicle and 818
facilities and space therewith for the inspection, servicing, and 819
repair of at least one motor vehicle; except that a new motor 820
vehicle dealer selling manufactured or mobile homes is exempt 821
from the requirement that a place of business have space, under 822
roof, for the display of at least one new motor vehicle and 823
facilities and space for the inspection, servicing, and repair of 824
at least one motor vehicle.
Nothing contained in Chapter 4517. of the Revised Code 826
shall be construed as prohibiting the sale of a manufactured home 827
located in a manufactured home park by a licensed motor vehicle 828
dealer who is the owner of the manufactured home park. 829
(C) No used motor vehicle dealer shall sell, display, 831
offer for sale, or deal in motor vehicles at any place except an 832
established place of business that is used exclusively for the 833
purpose of selling, displaying, offering for sale, or dealing in 834
motor vehicles. 835
(D) No motor vehicle leasing dealer shall make a motor 837
vehicle available for use by another, in the manner described in 838
division (M) of section 4517.01 of the Revised Code, at any place 839
except an established place of business that is used for leasing 840
motor vehicles; except that a motor vehicle leasing dealer who is 841
also a new motor vehicle dealer or used motor vehicle dealer may 842
lease motor vehicles at the same place of business at which the 843
dealer sells, offers for sale, or deals in new or used motor 844
vehicles.
(E) No motor vehicle leasing dealer or motor vehicle 846
renting dealer as defined in section 4549.65 of the Revised Code 847
shall sell a motor vehicle within ninety days after a certificate 848
20
of title to the motor vehicle is issued to the dealer, except 849
when a salvage certificate of title is issued to replace the 850
original certificate of title and except when a motor vehicle 851
leasing dealer sells a motor vehicle to another motor vehicle 852
leasing dealer at the end of a sublease pursuant to that 853
sublease.
(F) No distributor shall distribute new motor vehicles to 855
new motor vehicle dealers at any place except an established 856
place of business that is used exclusively for the purpose of 857
distributing new motor vehicles to new motor vehicle dealers; 858
except that a distributor who is also a new motor vehicle dealer 859
may distribute new motor vehicles at the same place of business 860
at which the distributor sells, displays, offers for sale, or 861
deals in new motor vehicles. 862
(G) No person, firm, or corporation that sells, displays, 864
or offers for sale tent-type fold-out camping trailers is subject 865
to the requirement that the person's, firm's, or corporation's 866
place of business be used exclusively for the purpose of selling, 868
displaying, offering for sale, or dealing in motor vehicles. No 869
person, firm, or corporation that sells, displays, or offers for 870
sale tent-type fold-out camping trailers, trailers, or 871
semitrailers is subject to the requirement that the place of 873
business have space, under roof, for the display of at least one 874
new motor vehicle and facilities and space for the inspection, 875
servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile home broker shall engage in 877
the business of brokering manufactured homes at any place except 879
an established place of business that is used exclusively for the 880
purpose of brokering manufactured homes.
(I) Nothing in this section shall be construed to prohibit 882
persons licensed under this chapter from making sales calls. 883
(J) AS USED IN THIS SECTION: 885
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS 887
IN SECTION 4517.01 OF THE REVISED CODE. 888
21
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS 890
IN SECTION 4549.65 OF THE REVISED CODE. 891
(3) "WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 893
1547.01 OF THE REVISED CODE.
Section 2. That existing sections 1547.01, 1547.052, 895
1548.09, 4503.31, 4517.01, and 4517.03 of the Revised Code are 896
hereby repealed. 898
Section 3. Section 1547.052 of the Revised Code, as 900
amended by this act, shall take effect on January 1, 2000. 901
Section 4. Section 4517.01 of the Revised Code is 903
presented in this act as a composite of the section as amended by 904
both Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General 905
Assembly, with the new language of neither of the acts shown in 907
capital letters. This is in recognition of the principle stated 908
in division (B) of section 1.52 of the Revised Code that such 909
amendments are to be harmonized where not substantively 910
irreconcilable and constitutes a legislative finding that such is 911
the resulting version in effect prior to the effective date of 912
this act.