| Section 1. That sections 325.33, 1548.01, 1548.02, 1548.03, | 18 |
|
1548.06, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12, 1548.13, | 19 |
|
1548.17,
1548.18, 1548.19,
1548.20, 4501.01,
4503.03,
4503.10, | 20 |
|
4503.182, 4505.03, 4505.04,
4505.06,
4505.08,
4505.09,
4505.10, | 21 |
|
4505.102, 4505.11, 4505.12,
4505.13,
4505.18,
4505.181, | 22 |
|
4505.19, 4505.20, 4519.01, 4519.03, 4519.51,
4519.52,
4519.53, | 23 |
|
4519.55,
4519.57, 4519.58, 4519.59, 4519.60,
4519.61,
4519.62, | 24 |
|
4519.66, 4519.67, and
4519.68 be amended and
sections 1548.021, | 25 |
|
1548.061, 1548.141,
4503.035, 4505.021, 4505.032, 4505.062,
| 26 |
|
4505.141,
4505.25, 4519.511,
4519.512, 4519.521, 4519.551, and | 27 |
|
4519.631 of
the Revised Code be
enacted to
read as follows: | 28 |
| Sec. 325.33. Notwithstanding sections 325.27 and 325.31 of | 29 |
|
the Revised Code,
all fees retained by the clerk of courts under | 30 |
|
Chapters 1548.,
4505., and 4519. of the
Revised Code
and all fees | 31 |
|
the clerk of courts receives in the capacity of deputy registrar | 32 |
|
under section 4503.03 of the Revised Code shall be paid
into the | 33 |
|
county treasury to the credit of the
certificate of title | 34 |
|
administration fund, which is hereby created. Except as
otherwise | 35 |
|
provided in this section, fees credited to the fund shall be used | 36 |
|
only to pay the costs incurred by the clerk of courts in | 37 |
processing titles
under
Chapters 1548., 4505., and
4519. of the | 38 |
Revised Codethose chapters and in performing the duties of a | 39 |
|
deputy registrar if the clerk of courts is appointed a deputy | 40 |
|
registrar. However, if
the board of
county commissioners and
the | 41 |
|
clerk of courts agree
that the money in the fund
exceeds what
is | 42 |
needed to pay
suchthose costs, the excess may be transferred to | 43 |
|
the
county general
fund and used for other county purposes. If | 44 |
|
the
board of
county
commissioners and the clerk of courts are | 45 |
|
unable
to agree on the
amount
of any such excess, the county | 46 |
|
budget
commission shall
determine the amount
that will be | 47 |
|
transferred to
the county
general fund. | 48 |
| Sec. 1548.02. The chief of the division of watercraft shall
| 75 |
adopt such
rules as
hethe chief considers necessary to ensure
| 76 |
|
uniform and
orderly operation of this chapter, and the clerks of
| 77 |
the courts of common
pleas shall conform
theretoto those rules.
| 78 |
The chief shall
receive and file in
histhe chief's office all
| 79 |
information forwarded to
himthe
chief by the clerks under this
| 80 |
|
chapter and shall maintain indexes covering
the state at large | 81 |
|
for
that information. These indexes shall be for the state
at | 82 |
|
large
and not for individual counties. | 83 |
If it appears that
aany certificate of title has been
| 87 |
|
improperly
issued, the chief shall cancel the certificate. Upon
| 88 |
|
the cancellation of any
certificate of title, the chief shall
| 89 |
|
notify the clerk who issued it, and the
clerk shall enter the
| 90 |
cancellation in
histhe clerk's records.
The chief also shall
| 91 |
|
notify the person to whom the certificate of
title was issued, as
| 92 |
well as any lienholders appearing
thereonon
it, of the
| 93 |
|
cancellation and,if it is a physical certificate of
title, shall
| 94 |
|
demand the surrender of the certificate of title, but
the
| 95 |
|
cancellation shall not affect the validity of any lien noted | 96 |
thereonon it. The
holder of
thea physical certificate of title
| 97 |
shall return it to
the chief immediately.
The | 98 |
| The clerks shall keep on hand a sufficient supply of blank
| 99 |
|
forms that,
except
certificate of title and memorandum | 100 |
|
certificate
forms, shall be furnished and
distributed without | 101 |
|
charge to
registered manufacturers or dealers or to other
| 102 |
|
persons residing
within the county. The clerks shall provide the | 103 |
|
certificates
of
title, the ribbons for data processing, and | 104 |
|
removable backup media
from
moneys provided to the clerks from | 105 |
|
the automated title
processing fund in
accordance with division | 106 |
|
(B)(3)(b) of section
4505.09 of the Revised Code.
The clerks | 107 |
|
shall furnish all other
supplies from other moneys available to | 108 |
|
the
clerks. | 109 |
| Sec. 1548.021. The owner of a watercraft or outboard motor
| 110 |
|
shall apply for
a
certificate of title for the watercraft or
| 111 |
|
outboard motor when required by
this
chapter, but, except as
| 112 |
|
otherwise specifically required in this chapter, the
owner may
| 113 |
|
elect whether or not to have the clerk of the court of
common
| 114 |
|
pleas to whom the certificate of title application is
submitted
| 115 |
|
issue a physical certificate of title for the watercraft or
| 116 |
|
outboard
motor, as provided in section 1548.09 of the Revised
| 117 |
|
Code. | 118 |
| Except as otherwise specifically provided in this chapter,
| 119 |
|
any provision of
this chapter relating to the cancellation,
| 120 |
|
issuance, or surrender of a
certificate of title, including, but
| 121 |
|
not limited to, provisions
that contain a phrase such as
"when a
| 122 |
|
certificate of title is
issued,"
"the clerk shall issue a
| 123 |
|
certificate of title," or
"the
person shall obtain a certificate
| 124 |
|
of title to the watercraft or outboard
motor,"
or another phrase
| 125 |
|
of similar import, shall include those
circumstances when a clerk
| 126 |
|
enters certificate of title information
into the automated title
| 127 |
|
processing system, but does not take any
further action relating
| 128 |
|
to
a physical certificate of title for the
watercraft or | 129 |
|
outboard
motor. | 130 |
| Sec. 1548.03. No person, except as provided in section
| 131 |
|
1548.05 of the Revised
Code, shall sell or
otherwise dispose of | 132 |
|
a
watercraft or outboard motor
without
delivering to the | 133 |
purchaser
or transferee
thereof a
physical
certificate of
title | 134 |
with
suchan
assignment
thereonon it as is
necessary to show | 135 |
|
title in the
purchaser
or transferee; nor shall
any person | 136 |
|
purchase or
otherwise
acquire a watercraft or
outboard
motor | 137 |
without obtaining
a certificate of title for it in
histhe
| 138 |
person's name in
accordance with
Chapter 1548. of the Revised | 139 |
Codethis chapter;
however, a purchaser may
take possession of | 140 |
|
and
operate a
watercraft or outboard motor on the waters in
| 141 |
|
this state
without a
certificate of title for a period not | 142 |
exceeding thirty
days if
hethe purchaser has been issued and has | 143 |
in
histhe
purchaser's
possession a dealer's dated bill of
| 144 |
sale, or, in the
case of a
casual sale, a notarized bill of
| 145 |
|
sale. | 146 |
| Sec. 1548.06. Application for a certificate of title for a
| 147 |
|
watercraft or outboard motor shall be made upon a form prescribed
| 148 |
|
by the chief of the division of watercraft
and shall be sworn to
| 149 |
|
before a notary public or other officer empowered to administer
| 150 |
oaths. The application shall be filed with the clerk of
theany | 151 |
court of common pleas
of the county in which the applicant
| 152 |
resides
if the applicant is a resident of this state or, if not a
| 153 |
resident, in the county in which the transaction is consummated. | 154 |
| An application for a certificate of title may be filed
| 155 |
|
electronically by any electronic means approved by the chief in
| 156 |
|
any county with the clerk of the court of common pleas of that
| 157 |
|
county.
The application shall be accompanied by the fee | 158 |
prescribed
in
section 1548.10 of the Revised Code, and if. The | 159 |
|
fee shall be
retained by the clerk who issues the certificate of | 160 |
|
title and
shall be distributed in accordance with that section. | 161 |
|
If a clerk
of a court of common pleas, other than the clerk of | 162 |
|
the court of
common pleas of an applicant's county of residence, | 163 |
|
issues a
certificate of title to the applicant, the clerk shall | 164 |
|
transmit
data related to the transaction to the
automated
title | 165 |
|
processing system. | 166 |
| If a certificate of
title previously has been issued for the
| 167 |
watercraft or outboard
motor,
itthe application for a | 168 |
|
certificate
of title also shall be accompanied by the certificate | 169 |
|
of title
duly
assigned unless otherwise provided in this | 170 |
|
chapter. If a
certificate of title previously has not been | 171 |
|
issued for the
watercraft or outboard motor in this state, the | 172 |
|
application,
unless otherwise provided in this chapter, shall be | 173 |
|
accompanied
by
a manufacturer's or importer's certificate; by a | 174 |
|
sworn
statement
of ownership if the watercraft or outboard motor | 175 |
|
was
purchased by
the applicant on or before
October 9, 1963,
| 176 |
|
or if the watercraft
is less than fourteen feet long with
a | 177 |
|
permanently affixed
mechanical means of propulsion and was
| 178 |
|
purchased by the applicant
on or before
January 1,
2000;
or by | 179 |
|
a certificate of title, bill
of sale, or
other evidence of | 180 |
|
ownership required by the law of
another state
from which the | 181 |
|
watercraft or outboard motor was
brought into
this state. | 182 |
|
Evidence of ownership of a watercraft or
outboard
motor for | 183 |
|
which an Ohio certificate of title previously
has not
been | 184 |
|
issued and which watercraft or outboard motor does
not have
| 185 |
permanently affixed
theretoto it a manufacturer's serial
number | 186 |
|
shall
be accompanied by the certificate of assignment of a
hull
| 187 |
|
identification number assigned by
the chief as provided in
| 188 |
|
section
1548.07 of the Revised Code. | 189 |
| The clerk shall retain the evidence
of title presented by | 190 |
the
applicant and on which the certificate
of title is issued. | 191 |
The, except that, if an application for a certificate of title is | 192 |
|
filed electronically, by a vendor on behalf of a purchaser of a | 193 |
|
watercraft or outboard motor, the clerk shall retain the completed | 194 |
|
electronic record to which the vendor converted the certificate of | 195 |
|
title application and other required documents. The vendor shall | 196 |
|
forward the actual application and all other documents relating to | 197 |
|
the sale of the watercraft or outboard motor to any clerk within | 198 |
|
thirty days after the certificate of title is issued. The chief, | 199 |
|
after consultation with the attorney general, shall adopt rules | 200 |
|
that govern the location at which, and the manner in which, are | 201 |
|
stored the actual application and all other documents relating to | 202 |
|
the sale of a watercraft or outboard motor when a vendor files the | 203 |
|
application for a certificate of title electronically on behalf of | 204 |
|
a purchaser. | 205 |
|
The
clerk shall use reasonable diligence in
ascertaining | 206 |
|
whether
the
facts in the application are true
by checking the | 207 |
|
application and
documents accompanying it
or the electronic | 208 |
|
record to which a vendor converted the application and | 209 |
|
accompanying documents with
the records of
watercraft and
| 210 |
|
outboard motors in the clerk's
office. If
the
clerk is satisfied
| 211 |
|
that the
applicant is the owner of the
watercraft or
outboard
| 212 |
|
motor and
that the application is in the
proper form,
the clerk
| 213 |
|
shall issue
a
physical certificate of
title over the
clerk's
| 214 |
|
signature and sealed with
the clerk's
seal
unless the applicant
| 215 |
|
specifically requests the clerk not to
issue a physical
| 216 |
|
certificate of title and instead to issue an
electronic
| 217 |
|
certificate of title.
However, if the evidence
indicates and an
| 218 |
|
investigation
shows that one or more Ohio
titles already exist | 219 |
|
for
the watercraft or outboard motor, the
chief may cause the
| 220 |
|
redundant title or titles to be
canceled. | 221 |
| In the case of the sale of a watercraft or outboard motor
by
| 222 |
|
a vendor to a general purchaser or user, the certificate of
title
| 223 |
|
shall be obtained in the name of the purchaser by the
vendor upon
| 224 |
|
application signed by the purchaser. In all other
cases, the
| 225 |
|
certificate shall be obtained by the purchaser. In
all cases of
| 226 |
|
transfer of watercraft or outboard motors, the
application for
| 227 |
|
certificate of title shall be filed within thirty
days after the
| 228 |
|
later of the date of purchase or assignment of
ownership of the
| 229 |
|
watercraft or outboard motor. If the
application for certificate
| 230 |
|
of title is not filed within thirty
days after the later of the
| 231 |
|
date of purchase or assignment of
ownership of the watercraft or
| 232 |
|
outboard motor, the clerk shall
charge a late penalty fee of five
| 233 |
|
dollars in addition to the fee
prescribed by section 1548.10 of
| 234 |
|
the Revised Code. The clerk
shall retain the entire amount of
| 235 |
|
each late penalty fee. | 236 |
|
A clerk, however, may retain from the taxes paid to the | 265 |
|
clerk an amount equal to the poundage fees associated with | 266 |
|
certificates of title issued by other clerks of courts of common | 267 |
|
pleas to applicants who reside in the first clerk's county. The | 268 |
|
chief of the division of watercraft, in consultation with the tax | 269 |
|
commissioner and the clerks of the courts of common pleas, shall | 270 |
|
develop a report from the automated title processing system that | 271 |
|
informs each clerk of the amount of the poundage fees that the | 272 |
|
clerk is permitted to retain from those taxes because of | 273 |
|
certificates of title issued by the clerks of other counties to | 274 |
|
applicants who reside in the first clerk's county. | 275 |
| In the case of casual sales of watercraft or outboard
motors
| 276 |
|
that are subject to the tax imposed by Chapter 5739. or
5741. of
| 277 |
|
the Revised Code, the purchase price for the purpose of
| 278 |
|
determining the tax shall be the purchase price on an affidavit
| 279 |
|
executed and filed with the clerk by the vendor on a form to be
| 280 |
|
prescribed by the chief, which
shall be prima-facie evidence of
| 281 |
|
the price for the determination
of the tax. In addition to the
| 282 |
|
information required by section
1548.08 of the Revised Code, each
| 283 |
|
certificate of title shall
contain in bold lettering the | 284 |
|
following
notification and
statements:
"WARNING TO TRANSFEROR | 285 |
|
AND
TRANSFEREE
(SELLER AND
BUYER). You
are required by law to | 286 |
|
state
the true
selling price. A false statement is a
violation | 287 |
|
of
section
2921.13 of the Revised Code and is punishable by six
| 288 |
|
months
imprisonment or a fine of up to one thousand dollars, or
| 289 |
|
both.
All
transfers are audited by the department of taxation.
| 290 |
|
The
seller
and buyer must provide any information requested by | 291 |
|
the
department
of
taxation. The buyer may be assessed any | 292 |
|
additional
tax found
to be due." | 293 |
| The clerk shall forward all payments of taxes, less
poundage | 294 |
|
fees, to the treasurer of state in a manner to be
prescribed by
| 295 |
the tax commissioner and shall furnish
such
information to the
| 296 |
|
commissioner as the commissioner may require. For purposes
of a
| 297 |
|
transfer of a certificate of title, if the clerk is satisfied that
| 298 |
a
secured party has discharged a lien, but has not canceled the
| 299 |
lien notation
with
thea clerk
of the county of origin, the clerk
| 300 |
|
may cancel
the lien notation on the
automated title processing
| 301 |
|
system and notify the clerk of the county of
origin. | 302 |
| Sec. 1548.061. Notwithstanding any general requirement in | 308 |
|
this chapter to the effect that an application for a certificate | 309 |
|
of title to a watercraft or outboard motor shall be "sworn to" or | 310 |
|
shall be "sworn to before a notary public or other officer | 311 |
|
empowered to administer oaths," that requirement shall apply only | 312 |
|
in the case of a transfer of a watercraft or outboard motor | 313 |
|
between parties in the course of a sale by a person other than a | 314 |
|
registered watercraft dealer, as defined in section 1547.01 of the | 315 |
|
Revised Code, to a person who purchases the watercraft or outboard | 316 |
|
motor for use as a consumer. | 317 |
Sec. 1548.08. TheWhen the clerk of
thea court
of common
| 318 |
|
pleas
issues a physical certificate of title for a watercraft or
| 319 |
outboard motor, the clerk shall
issue
certificates of title for
| 320 |
watercraft and outboard motorsit
over
histhe clerk's official
| 321 |
seal.
TheAll
physical certificates
of title to watercraft or
| 322 |
|
outboard motors
shall
contain the
information required in the
| 323 |
application for
the certificate of
title,them as prescribed by
| 324 |
|
section 1548.07 of the Revised Code,
as
well as spaces for the
| 325 |
|
dates of notation and cancellation of each
lien, mortgage, or
| 326 |
encumbrance, over the signature of the clerk. If
theany | 327 |
|
certificate of title is issued for a watercraft or
outboard motor
| 328 |
|
in which two persons are establishing joint
ownership with right
| 329 |
|
of survivorship under section 2106.17 of the
Revised Code, the
| 330 |
|
certificate, in addition to the information
required by this
| 331 |
|
section, shall show that the two persons have
established joint
| 332 |
|
ownership with right of survivorship in the
watercraft or | 333 |
outboard
motor.
An | 334 |
| An assignment of certificate of
title
before a notary public
| 335 |
|
or other officer empowered to
administer oaths shall appear on | 336 |
|
the
reverse side of each
physical
certificate of title in the | 337 |
|
form to
be prescribed by the chief of
the division of | 338 |
watercraft.
SuchThe
assignment form shall include a
warranty | 339 |
|
that
the signer is the
owner of the watercraft or
outboard motor | 340 |
|
and
that there are no
mortgages, liens, or
encumbrances on the | 341 |
|
watercraft or outboard
motor except as are
noted on the face of | 342 |
|
the certificate of title. | 343 |
Sec. 1548.09. TheWhen the clerk of
thea court
of common
| 344 |
|
pleas
issues a physical certificate of title, the clerk shall
| 345 |
issue
certificatesthe certificate
of title in duplicate. One
| 346 |
|
copy shall be retained and filed by
the clerk in the clerk's
| 347 |
|
office, and the information
contained in it shall be transmitted
| 348 |
|
on the day it
is issued to the
chief of the division of
| 349 |
|
watercraft. The clerk shall sign and affix
the clerk's seal
to
| 350 |
|
the original certificate of title and, if there are no liens on
| 351 |
|
the
watercraft or outboard motor, shall deliver the certificate | 352 |
|
to
the applicant.
If there are one or more liens on the | 353 |
|
watercraft
or outboard motor, the
clerk shall deliver the | 354 |
|
certificate of
title to the holder of the first lien. | 355 |
| The clerk need not retain on file any certificate of title,
| 364 |
|
duplicate certificate of title,
or memorandum certificate of
| 365 |
title, or
supporting evidence
thereofof them, covering any
| 366 |
|
watercraft or outboard motor for a
period longer than seven years
| 367 |
|
after the date of its filing;
thereafter, the
certificate and
| 368 |
|
supporting information may
be destroyed. The clerk shall issue a
| 369 |
|
duplicate title, when
duly applied for, of any title that has | 370 |
|
been
destroyed as provided in this
section. | 371 |
| The clerk shall issue a physical certificate of title to an
| 372 |
|
applicant unless the applicant specifically requests the clerk not
| 373 |
|
to issue a
physical certificate of title and instead to issue an
| 374 |
|
electronic certificate
of title.
The fact that a physical
| 375 |
|
certificate of title is
not issued for a watercraft or outboard
| 376 |
|
motor does not affect ownership of the
watercraft or outboard
| 377 |
|
motor. In that case, when the clerk completes the
process of
| 378 |
|
entering certificate of title application information into the
| 379 |
|
automated title processing system, the effect of the completion of
| 380 |
|
the process is the same as if the clerk actually issued a physical
| 381 |
|
certificate of title for the watercraft or outboard motor. | 382 |
| In addition to those fees, the clerk shall charge a fee of | 388 |
|
five dollars for each certificate of title and for each notation | 389 |
|
or indication
of any lien or security interest on a certificate of | 390 |
|
title. The
clerk shall retain two dollars of the fee charged for | 391 |
|
each certificate of
title, and three dollars and fifty cents of | 392 |
|
the fee charged for each
notation or indication of any lien or | 393 |
|
security interest. The remaining
fees charged for a certificate | 394 |
|
of title and the notation or indication of any
lien or security | 395 |
|
interest on a certificate of title shall be paid to the chief
of | 396 |
|
the division of watercraft by monthly returns, which shall be | 397 |
|
forwarded to the chief not later than the fifth day of the month | 398 |
|
next succeeding that in which the certificate is forwarded, or | 399 |
|
that in which the chief is notified of a lien or security interest | 400 |
or
cancellation
thereofof a lien or security interest. | 401 |
| Sec. 1548.11. (A) In the event of the transfer of
| 407 |
|
ownership
of a watercraft or outboard motor by operation of law,
| 408 |
|
as upon
inheritance, devise, bequest, order in bankruptcy,
| 409 |
|
insolvency,
replevin, or execution of sale, or whenever the
| 410 |
|
engine of a
watercraft is replaced by another engine, or whenever
| 411 |
|
a watercraft
or outboard motor is sold to satisfy storage or
| 412 |
|
repair charges, or
repossession is had upon default in
| 413 |
|
performance of the terms of a
security agreement as provided in | 414 |
sections 1309.01 to 1309.50Chapter 1309. of the Revised Code,
the | 415 |
a clerk of
thea court of
common pleas
of the county in which the | 416 |
last certificate
of title
to the watercraft or outboard motor | 417 |
was issued, upon the
surrender
of the prior certificate of title | 418 |
|
or the manufacturer's
or
importer's certificate, or, when that | 419 |
|
is not possible, upon
presentation of satisfactory proof to the | 420 |
|
clerk of ownership and
rights of possession to the watercraft or | 421 |
|
outboard motor,
and
upon
payment of the fee prescribed in | 422 |
|
section 1548.10 of the
Revised
Code and presentation of an | 423 |
|
application for certificate
of title,
may issue to the applicant | 424 |
|
a certificate of title to
the
watercraft or outboard motor.
Only | 425 |
|
an affidavit by the
person or
agent of the person to whom | 426 |
|
possession of the
watercraft or
outboard motor has passed, | 427 |
|
setting forth the facts
entitling the
person to possession and
| 428 |
|
ownership,
together with a
copy of the
journal entry, court | 429 |
|
order, or instrument upon which
the claim of
possession and | 430 |
|
ownership is founded, is
satisfactory proof of
ownership and | 431 |
|
right of possession. If the
applicant cannot
produce such proof | 432 |
|
of ownership, the
applicant may apply
directly
to the chief of | 433 |
|
the division of watercraft and submit
such
evidence as the | 434 |
|
applicant has, and the chief,
if the chief finds
the evidence | 435 |
|
sufficient, may
authorize the clerk to issue
a
certificate of | 436 |
|
title. If, from the records in the office of
the
clerk, there | 437 |
|
appears to be any lien on the watercraft
or
outboard
motor, the | 438 |
|
certificate of title shall contain a
statement of the
lien | 439 |
|
unless the
application is
accompanied by
proper evidence of
| 440 |
|
its extinction. | 441 |
| (B) Upon the death of one of the persons who have
| 442 |
|
established joint ownership with right of survivorship under
| 443 |
|
section 2106.17 of the Revised Code in a watercraft or outboard
| 444 |
|
motor and the presentation to the clerk of the title and the
| 445 |
|
certificate of death of the deceased person, the clerk shall
| 446 |
|
enter
into the records the transfer of the
watercraft or | 447 |
|
outboard
motor
to the surviving person, and the title to the | 448 |
|
watercraft or
outboard motor immediately passes to the surviving | 449 |
|
person. The
transfer does not affect any liens on the watercraft | 450 |
|
or outboard
motor. | 451 |
| Sec. 1548.12. Each owner of a watercraft or outboard motor
| 456 |
|
and each person
mentioned as owner in the last certificate of
| 457 |
title, when
suchthe watercraft or
outboard motor is dismantled,
| 458 |
|
destroyed, or changed in such manner that it
loses its character
| 459 |
|
as a watercraft or outboard motor, or changed in such
manner that
| 460 |
|
it is not the watercraft or outboard motor described in the
| 461 |
certificate of title, shall surrender
histhe certificate of
| 462 |
title
to
thea clerk of
thea court of common pleas
who issued | 463 |
it, and
thereupon the clerk
shall, with
the consent of any | 464 |
holders of any
liens noted
thereonon the certificate of title, | 465 |
then shall enter
a cancellation
upon
histhe clerk's records and | 466 |
shall notify the
chief of the
division of watercraft of
suchthe | 467 |
|
cancellation. | 468 |
| Sec. 1548.13. In the event of a lost or destroyed
| 473 |
certificate of title,
application shall be made to
thea clerk of | 474 |
thea court of common pleas
of the
county where such certificate
| 475 |
of title was issued, by the owner of
suchthe watercraft or
| 476 |
outboard motor, or the holder of a lien
thereonon it, for a
| 477 |
certified
copy of
suchthe certificate upon a form prescribed by
| 478 |
|
the chief of the division
of watercraft and accompanied by the | 479 |
fee
prescribed by section 1548.10 of the
Revised Code.
SuchThe | 480 |
|
application shall be signed
and sworn to by the person
making the | 481 |
same. Thereuponapplication, and the clerk shall issue a
| 482 |
certified copy of
suchthe certificate of title to the person
| 483 |
entitled to receive it under
Chapter 1548.
of the Revised Code | 484 |
this chapter.
SuchThe certified copy shall be plainly marked
| 485 |
|
across its
face with the word
"duplicate," and any subsequent
| 486 |
purchaser of
suchthe watercraft or outboard motor in the chain of
| 487 |
title originating through
suchthe certified copy acquires only
| 488 |
|
such rights in the watercraft or outboard motor
as
the original
| 489 |
holder of the certified copy
himself had. Any purchaser
of
such | 490 |
the
watercraft or outboard motor
may, at the time of purchase, | 491 |
may
require the seller
of
the same to indemnify
himthe | 492 |
purchaser and
all subsequent
purchasers of
suchthe watercraft | 493 |
or outboard motor
against any loss
which
hethat the purchaser | 494 |
or
theyany
subsequent purchaser
may suffer by reason of any | 495 |
|
claim presented
upon the original certificate. In
the event of | 496 |
the recovery of
the original certificate of title by
saidthe | 497 |
owner,
hethe owner
shall
forthwith surrender
sameit immediately | 498 |
|
to the clerk for
cancellation. | 499 |
| The holder of a certificate of title for a watercraft or
| 500 |
|
outboard motor upon
which is noted an existing lien, encumbrance,
| 501 |
or mortgage, may
apply at any time
make
application to
thea | 502 |
clerk
who
issued the certificate of title for a memorandum
| 503 |
certificate,
which
form shall be made in theon a form prescribed | 504 |
by the chief
and, that is
signed
and sworn to by the applicant. | 505 |
Upon receipt of
suchthe
application, if it
appears to be | 506 |
regular, together with the fee
prescribed by section 1548.10 of
| 507 |
|
the Revised Code,
and if the application appears to be regular, | 508 |
the clerk
shall
issue to
suchthe applicant a memorandum
| 509 |
certificate for
the
watercraft or outboard motor.
In the event | 510 |
suchIf the
memorandum
certificate is lost or destroyed, the | 511 |
holder
thereofof it may
obtain a
certified copy of
the sameit | 512 |
by applying for the copy on a form
prescribed by the
chief
and, | 513 |
|
accompanied
by the fee prescribed
in section 1548.10 of
the | 514 |
|
Revised Code. In the event of
the
recovery of the original
| 515 |
memorandum certificate by the owner,
hethe owner
shall
forthwith | 516 |
surrender
the sameit immediately to
thea clerk for cancellation.
| 517 |
|
Such
a memorandum
certificate is not
assignable and constitutes | 518 |
|
no
evidence of title or of right
to
transfer or encumber the
| 519 |
watercraft or outboard motor described
thereinin it. | 520 |
| Sec. 1548.17. Every peace officer, sheriff, watercraft
| 540 |
|
officer, division of parks and recreation officer, division of
| 541 |
|
wildlife officer, conservancy district officer, constable, or
| 542 |
|
state highway patrol trooper, having knowledge of a stolen
| 543 |
|
watercraft or outboard motor, shall immediately furnish the chief
| 544 |
|
of the division of watercraft with full information concerning | 545 |
suchthe theft. | 546 |
The chief, whenever
he receives a report of the theft or
| 547 |
|
conversion of a watercraft or outboard motor
is received, shall
| 548 |
make a
distinctive record
thereofof it, including the make of | 549 |
|
the
stolen
watercraft or outboard motor and its manufacturer's | 550 |
or
assigned
serial number, and shall file the
samerecord in the
| 551 |
|
numerical
order of
the manufacturer's or assigned serial number
| 552 |
|
with the index
records of the watercraft or outboard motors of
| 553 |
|
such make. The
chief shall prepare a report listing watercraft
| 554 |
|
and outboard
motors stolen and recovered as disclosed by the
| 555 |
reports submitted
to
himthe chief, to be distributed as
hethe
| 556 |
|
chief deems advisable. | 557 |
In the event of the receipt from any clerk of
the court of
| 558 |
common pleas of a copyIf, under section 1548.02 of the Revised | 559 |
|
Code, the chief learns of
the issuance of a certificate of title | 560 |
|
to such
a
watercraft or outboard motor, the chief shall | 561 |
immediately
notify
the rightful owner
thereofof the watercraft | 562 |
or outboard
motor
and
the clerk who issued
suchthe
certificate | 563 |
of
title, and
if, upon investigation, it appears that
suchthe | 564 |
|
certificate of title was improperly issued,
the chief
shall
| 565 |
immediately cancel
the sameit. | 566 |
| (A) Operate in this state a watercraft for which a
| 572 |
|
certificate of title is
required or
a watercraft powered by an
| 573 |
|
outboard motor for which a certificate of
title is required
| 574 |
without having
suchthe certificate, or a
valid temporary permit
| 575 |
and number, in accordance with
Chapter 1548. of the Revised Code | 576 |
| this chapter or, if a physical certificate of title has not been
| 577 |
|
issued
for it, operate the watercraft or outboard motor in this
| 578 |
|
state knowing that
the ownership information relating to the
| 579 |
|
watercraft or outboard motor has not
been entered into the
| 580 |
|
automated title processing system by a clerk of a court
of common
| 581 |
|
pleas; | 582 |
| Sec. 1548.20. (A) Chapter 1309. of the Revised Code does
| 625 |
not
permit or require the deposit, filing, or other
records | 626 |
| record of
a
security
interest covering a watercraft or outboard | 627 |
|
motor for
which a certificate of
title is required. Any | 628 |
|
security agreement
covering a security interest in a
watercraft | 629 |
|
or outboard motor,
if
it is accompanied by delivery of
a | 630 |
|
manufacturer's or
importer's
certificate and followed by actual | 631 |
|
and
continued
possession of
that certificate by the holder of | 632 |
|
the instrument,
or,
in the case
of a certificate of title, if a | 633 |
notation of the
instrumentsecurity agreement has
been made by | 634 |
thea clerk of
thea court of common
pleas on the
face of
the
| 635 |
|
certificate
of title or the clerk has entered a notation of the | 636 |
|
agreement into the automated title processing system and a | 637 |
|
physical certificate of title for the watercraft or outboard motor | 638 |
|
has not been issued, shall be valid as against
the creditors
of | 639 |
|
the
debtor, whether
armed with process or not,
and against
| 640 |
|
subsequent
purchasers, secured parties,
and other
lienholders or
| 641 |
|
claimants.
All
security interests, liens, mortgages, and | 642 |
encumbrances
noted uponentered into the automated title | 643 |
|
processing system in relation to a particular certificate of | 644 |
|
title, regardless of whether a
physical
certificate of
title | 645 |
shallis issued, take priority according
to the order
of
time in | 646 |
which
they are
noted
thereonentered into the automated title | 647 |
|
processing system by the
clerk. Exposure for
sale
of any
| 648 |
|
watercraft or outboard motor
by its owner, with the
knowledge
or
| 649 |
|
with the knowledge and
consent of the holder of any
security | 650 |
interest, lien,
mortgage, or
encumbrance
thereonon the | 651 |
|
watercraft or outboard
motor, shall not render the
security | 652 |
|
interest lien,
mortgage, or encumbrance
ineffective as against | 653 |
|
the creditors of
the owner or against
holders of
subsequent | 654 |
| security interests, liens, mortgages, or
encumbrances upon the | 655 |
|
watercraft or outboard
motor. | 656 |
(B) If
thea secured party presents
evidence of the security | 657 |
agreementinterest to
thea
clerk of
thea court of common pleas | 658 |
of the county in which the
certificate of title was
issued | 659 |
|
together with the certificate of
title, if a physical certificate | 660 |
|
of title for the watercraft or
outboard motor exists, and the fee | 661 |
|
prescribed by
section 1548.10
of the
Revised
Code, the clerk, | 662 |
|
unless the secured party
specifically requests the clerk not to | 663 |
|
issue a physical
certificate of title, shall issue a new original | 664 |
|
certificate of
title
from
the
automated title processing | 665 |
records. The new
certificate
shall indicate the
lien or | 666 |
security interest and the
date of
that
encumbrancethe security | 667 |
interest. The clerk also
shall note the
lien or
security
| 668 |
interest and
theits date
thereof in
histhe clerk's
files
and | 669 |
|
enter that information into the automated title processing system, | 670 |
|
and on that
day shall notify
the
chief of the division
of
| 671 |
|
watercraft. The
clerk shall
indicate by appropriate
notation on
| 672 |
the
security agreement
itself the fact that the
lien or
security | 673 |
|
interest
has been noted
on the certificate of title. | 674 |
When the lien or(C) If a security interest is
fully | 675 |
|
discharged
as a result of its holder's receipt of good funds in | 676 |
|
the correct amount and if the holder holds a physical certificate | 677 |
of title, the holder
thereof shall
note the discharge
of
the | 678 |
security interest over
histhe holder's
signature
on the face
of | 679 |
|
the certificate of title,
or, if there
is not
sufficient
space | 680 |
for the notation on the face of
thecertificate of
title,
hethe
| 681 |
|
holder shall note the discharge
over the holder's
signature on a | 682 |
form
prescribed
by the
chief.
PriorExcept as
otherwise provided | 683 |
|
in this section, prior
to delivering the
certificate
of title to | 684 |
the owner, the
holder or
histhe
holder's
agent shall
present it | 685 |
| convey the certificate of title or a
separate sworn statement of | 686 |
|
the discharge of the security interest
and any
additional
| 687 |
information the chief requires to
thea clerk
for
the
purpose of
| 688 |
having. The conveyance shall occur not more
than seven business | 689 |
|
days after the date
good funds in
the correct amount to fully | 690 |
|
discharge the
security interest have been credited to
an account | 691 |
|
of the holder, provided the
holder has been provided accurate | 692 |
|
information concerning the watercraft or
outboard motor. | 693 |
|
Conveyance of the certificate of title or
separate sworn statement | 694 |
|
of the discharge within the required
seven business days may be | 695 |
|
indicated by postmark or receipt by a
clerk within that period.
If | 696 |
|
the discharge of the security
interest appears to be genuine,
the | 697 |
clerk
shall note the discharge
of the
lien or
security
interest | 698 |
|
on the face of the certificate
of title, if it was so
conveyed, | 699 |
|
and note it in the automated
title processing system
and
upon the
| 700 |
records of the
clerk.
If
the discharge appears to
be
genuine, the
| 701 |
clerk shall note
it on
the certificate of title,
and
he
also | 702 |
shall note
the discharge
on
his records and
notify
the chief,
| 703 |
who shall note the
discharge. | 704 |
|
(4) A secured party is liable to a dealer for a late fee of | 738 |
|
ten dollars per day for each certificate of title, or affidavit | 739 |
|
and required payment, conveyed to the dealer more than seven | 740 |
|
business days but less than twenty-one days after the date | 741 |
|
specified in division (D)(3)(a) of this section and, from then on, | 742 |
|
twenty-five dollars per day until the certificate of title, or | 743 |
|
affidavit and required payment, are conveyed to the dealer. | 744 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
| 783 |
|
homes
and recreational vehicles, that is
propelled or drawn
by
| 784 |
|
power
other than muscular power or power collected from
overhead
| 785 |
|
electric trolley wires.
"Motor
vehicle" does not include
| 786 |
|
motorized
bicycles, road
rollers, traction engines, power | 787 |
|
shovels,
power
cranes, and other
equipment used in construction | 788 |
|
work and
not
designed for or
employed in general highway | 789 |
|
transportation,
well-drilling
machinery, ditch-digging | 790 |
|
machinery, farm machinery,
trailers that are used
to transport | 791 |
|
agricultural produce or
agricultural production
materials | 792 |
|
between a local place of storage
or supply and the farm
when | 793 |
|
drawn or towed on a public road or
highway at a speed of
| 794 |
|
twenty-five miles per hour or less,
threshing machinery,
| 795 |
|
hay-baling machinery, corn sheller,
hammermill and agricultural
| 796 |
|
tractors, machinery used in the
production of horticultural,
| 797 |
|
agricultural, and vegetable products,
and trailers that are | 798 |
|
designed and
used exclusively to transport a
boat between a | 799 |
|
place of storage
and a marina, or in and around a
marina, when | 800 |
|
drawn or towed on a
public road or highway for a
distance of no | 801 |
|
more than ten miles
and at a speed of twenty-five
miles per hour | 802 |
|
or less. | 803 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 819 |
|
agricultural tractor or traction engine that is of special
| 820 |
|
interest,
that has a fair market value of one hundred dollars or
| 821 |
|
more,
whether operable or not, and that is owned, operated,
| 822 |
|
collected,
preserved, restored, maintained, or used essentially | 823 |
|
as
a
collector's item, leisure pursuit, or investment, but not | 824 |
|
as the
owner's principal means of transportation.
"Licensed | 825 |
|
collector's
vehicle" means a collector's vehicle, other than an | 826 |
|
agricultural
tractor or traction engine, that displays current, | 827 |
|
valid license
tags issued under section 4503.45 of the Revised | 828 |
|
Code, or a
similar type of motor vehicle that displays current, | 829 |
|
valid
license
tags issued under substantially equivalent | 830 |
|
provisions in
the laws
of other states. | 831 |
| (M)
"Trailer" means any vehicle without motive power
that | 862 |
|
is
designed or used for carrying property or persons wholly on | 863 |
|
its
own structure and for being drawn by a motor vehicle, and
| 864 |
|
includes
any such vehicle that is formed by or operated as a
| 865 |
|
combination of
a semitrailer and a vehicle of the dolly type such
| 866 |
|
as that
commonly known as a trailer dolly, a vehicle used to
| 867 |
|
transport
agricultural produce or agricultural production
| 868 |
|
materials between
a local place of storage or supply and the farm
| 869 |
|
when drawn or
towed on a public road or highway at a speed
| 870 |
|
greater than
twenty-five miles per hour, and a vehicle that is | 871 |
|
designed
and
used exclusively to transport a boat between a | 872 |
|
place of
storage
and a marina, or in and around a marina, when | 873 |
|
drawn or
towed on a
public road or highway for a distance of | 874 |
|
more than ten
miles or at
a speed of more than twenty-five miles | 875 |
|
per hour.
"Trailer" does
not include a manufactured home or | 876 |
|
travel trailer. | 877 |
| (N)
"Noncommercial trailer" means any trailer, except a
| 878 |
|
travel trailer or trailer that is used to transport a boat as
| 879 |
|
described
in division (B) of this section, but, where applicable,
| 880 |
|
includes
a vehicle that is used to transport a boat as described
| 881 |
|
in division (M)
of this section, that has a gross weight of no
| 882 |
|
more than three
thousand pounds, and that is used exclusively for
| 883 |
|
purposes other than
engaging in business for a profit. | 884 |
| (O)
"Mobile home" means a building
unit or assembly of
| 885 |
|
closed
construction that is fabricated in an off-site
facility, | 886 |
|
is
more
than thirty-five body
feet in length or, when erected | 887 |
|
on
site, is
three hundred
twenty or more square feet, is built | 888 |
|
on a
permanent
chassis, is
transportable in one or more | 889 |
|
sections, and
does not
qualify as
a manufactured home as | 890 |
|
defined in division
(C)(4) of
section 3781.06
of the Revised | 891 |
|
Code or as an
industrialized unit
as defined in division (C)(3)
| 892 |
|
of section
3781.06 of the Revised
Code. | 893 |
| (P)
"Semitrailer" means any vehicle of the trailer type
| 894 |
|
that
does not have motive power and is so designed or used with | 895 |
|
another
and
separate motor vehicle that in operation a part of | 896 |
|
its own
weight
or that of its load, or both, rests upon and is | 897 |
|
carried by
the other vehicle
furnishing the motive power for | 898 |
|
propelling
itself
and the vehicle referred to in this division, | 899 |
|
and includes,
for
the purpose only of registration and taxation | 900 |
|
under those
chapters, any
vehicle of the dolly type, such as a | 901 |
|
trailer dolly,
that is designed or used for the conversion of a | 902 |
|
semitrailer into
a
trailer. | 903 |
(W)
"Manufacturer" and
"dealer" include all persons,and | 966 |
firms,
and corporations that are regularly engaged in the | 967 |
|
business
of
manufacturing, selling, displaying, offering for | 968 |
|
sale, or
dealing
in motor vehicles, at an established place of | 969 |
|
business
that is
used exclusively for the purpose of | 970 |
|
manufacturing,
selling,
displaying, offering for sale, or | 971 |
|
dealing in motor
vehicles. A
place of business that is used for | 972 |
|
manufacturing,
selling,
displaying, offering for sale, or | 973 |
|
dealing in motor
vehicles shall
be deemed to be used exclusively | 974 |
|
for those purposes
even though
snowmobiles or all-purpose | 975 |
|
vehicles are sold or
displayed for
sale
thereat, even though | 976 |
|
farm machinery is sold or
displayed for
sale
thereat, or even | 977 |
|
though repair, accessory,
gasoline and oil,
storage, parts, | 978 |
|
service, or paint departments
are maintained
thereat, or, in any | 979 |
|
county having a population of
less than
seventy-five thousand | 980 |
persons at the last federal
census, even
though a department in | 981 |
|
a place of business is used to
dismantle,
salvage, or rebuild | 982 |
|
motor vehicles by means of used
parts, if
such
departments are | 983 |
|
operated for the purpose of
furthering and
assisting in the | 984 |
|
business of manufacturing,
selling, displaying,
offering for | 985 |
|
sale, or dealing in motor
vehicles. Places of
business or | 986 |
|
departments in a place of
business used to
dismantle,
salvage, | 987 |
|
or rebuild motor vehicles by
means of using
used parts
are not | 988 |
|
considered as being maintained
for the purpose
of
assisting or | 989 |
|
furthering the manufacturing,
selling,
displaying,
and offering | 990 |
|
for sale or dealing in motor
vehicles. | 991 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 994 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 995 |
|
operator whether or not the owner of a motor vehicle, other than
| 996 |
|
a
taxicab, who operates such vehicle for transporting, for gain,
| 997 |
|
compensation, or profit, either persons or property owned by
| 998 |
|
another. Any operator of a motor vehicle who is voluntarily
| 999 |
|
involved in
a ridesharing arrangement is not considered an
| 1000 |
|
employee for hire
or operating such vehicle for gain,
| 1001 |
|
compensation, or profit. | 1002 |
| (GG)
"Chartered party" means a group of persons who
| 1043 |
|
contract
as a group to acquire the exclusive use of a
| 1044 |
|
passenger-carrying
motor vehicle at a fixed charge for the
| 1045 |
|
vehicle in accordance with
the carrier's tariff, lawfully on file
| 1046 |
|
with the United
States
department of transportation, for the | 1047 |
|
purpose of group
travel to a
specified destination or for a | 1048 |
|
particular itinerary,
either agreed
upon in advance or modified | 1049 |
|
by the chartered group
after having
left the place of origin. | 1050 |
| (LL)
"Chauffeured limousine" means a motor vehicle
that is
| 1073 |
|
designed to carry nine or fewer passengers
and is operated for
| 1074 |
|
hire on an hourly basis pursuant to a prearranged contract for
| 1075 |
|
the
transportation of passengers on public roads and highways
| 1076 |
|
along a
route under the control of the person hiring the vehicle
| 1077 |
|
and not
over a defined and regular route.
"Prearranged contract"
| 1078 |
|
means an
agreement, made in advance of boarding, to provide
| 1079 |
|
transportation
from a specific location in a chauffeured
| 1080 |
|
limousine at a fixed
rate per hour or trip.
"Chauffeured
| 1081 |
|
limousine" does not include
any vehicle that is used exclusively | 1082 |
|
in the
business of funeral
directing. | 1083 |
| (B) The registrar shall not contract with any person to
act | 1136 |
as a deputy registrar if the person or, where applicable,
histhe | 1137 |
person's spouse or a member of
histhe person's
immediate family | 1138 |
|
has made, within the current calendar year or any one of the | 1139 |
|
previous three calendar years, one or more contributions totaling | 1140 |
|
in excess of
one
hundred dollars to any person or entity included | 1141 |
in division
(A)(2) of section
102.0214503.033 of the Revised | 1142 |
|
Code. As
used in this
division,
"immediate family" has the same | 1143 |
|
meaning as
in division
(D) of section 102.01 of the Revised Code, | 1144 |
|
and
"entity"
includes
any political party and any
"continuing | 1145 |
|
association" as
defined
in division (B)(4) of section 3517.01 of | 1146 |
|
the Revised Code
or
"political action committee" as defined in | 1147 |
|
division (B)(8) of
that section that is primarily associated with | 1148 |
|
that political
party. For purposes of this division, | 1149 |
|
contributions to any
continuing association or any political | 1150 |
|
action committee that is
primarily associated with a political | 1151 |
|
party shall be aggregated
with contributions to that political | 1152 |
|
party. | 1153 |
| (C) Deputy registrars are independent contractors and | 1165 |
|
neither they nor their employees are employees of this state, | 1166 |
|
except that nothing in this section shall affect the status of | 1167 |
|
county auditors
or clerks of courts of common pleas as public | 1168 |
|
officials, nor the status of their
employees as employees of any | 1169 |
|
of the counties of this state,
which
are political subdivisions of | 1170 |
|
this state. Each deputy
registrar
shall be responsible for the | 1171 |
|
payment of all
unemployment
compensation premiums, all workers' | 1172 |
|
compensation
premiums, social
security contributions, and any and | 1173 |
all taxes
for which
hethe
deputy registrar is legally | 1174 |
|
responsible. Each
deputy registrar
shall comply with all | 1175 |
|
applicable federal, state, and local
laws
requiring the | 1176 |
|
withholding of income taxes or other taxes from the
compensation | 1177 |
of
histhe deputy registrar's employees. Each
deputy
registrar | 1178 |
shall maintain during the entire term of
histhe
deputy | 1179 |
|
registrar's contract a policy of business liability insurance | 1180 |
|
satisfactory to the registrar and shall hold the department of | 1181 |
|
public safety,
the director of public safety, the bureau of motor | 1182 |
|
vehicles, and the registrar
harmless upon any and all claims for | 1183 |
|
damages arising out of the operation of
the deputy registrar | 1184 |
|
agency. | 1185 |
| (D)(1) With the approval of the director, the registrar | 1186 |
|
shall
adopt rules governing the terms of the contract between the | 1187 |
|
registrar and each deputy registrar and specifications for the | 1188 |
|
services to be performed. The rules shall include specifications | 1189 |
|
relating to the amount of bond to be given as provided in this | 1190 |
|
section; the size and location of the deputy's office;
and the | 1191 |
|
leasing
of equipment necessary to conduct the vision screenings | 1192 |
required
under section 4507.12 of the Revised Code, and training | 1193 |
|
in the use
of the equipment. The specifications shall permit and | 1194 |
|
encourage
every deputy registrar to inform the public of the | 1195 |
location of
histhe deputy registrar's office and hours of | 1196 |
|
operation by means of
public service announcements and allow any | 1197 |
|
deputy
registrar to
advertise in regard to the operation of the | 1198 |
|
deputy registrar's
office. The
rules also shall include | 1199 |
|
specifications for the hours
the
deputy's office is to be open to | 1200 |
|
the public and shall require
as
a minimum that one deputy's office | 1201 |
|
in each county be open to
the
public for at least four hours each | 1202 |
|
weekend, provided that if
only one deputy's office is located | 1203 |
|
within the boundary of the
county seat, that office is the office | 1204 |
|
that shall be open for the
four-hour period each weekend, and that | 1205 |
|
every deputy's office in
each county shall be open to the public | 1206 |
|
until six-thirty p.m. on
at least one weeknight each week. The | 1207 |
|
rules also shall include
specifications providing that every | 1208 |
|
deputy in each county, upon
request, provide any person with | 1209 |
|
information about the location
and office hours of all deputy | 1210 |
registrars in the county and that
every deputy
registrar | 1211 |
prominently display within
histhe deputy's office, the toll-free | 1212 |
|
telephone number of the bureau.
The
rules shall not prohibit the | 1213 |
|
award of a deputy registrar
contract to a
nonprofit corporation | 1214 |
|
formed under the laws of this
state. The rules shall
prohibit any | 1215 |
|
deputy registrar from
operating more than one such
office at any | 1216 |
|
time, except that the
rules may permit a nonprofit
corporation | 1217 |
|
formed for the purposes
of providing
automobile-related services | 1218 |
|
to its members or the
public and that
provides such services from | 1219 |
|
more than one location
in this state
to operate a deputy registrar | 1220 |
|
office at any such
location,
provided that the nonprofit | 1221 |
|
corporation operates no more
than one
deputy registrar office in | 1222 |
|
any one county. The rules may
include
such other specifications | 1223 |
|
as the registrar and director
consider
necessary to provide a high | 1224 |
|
level of service. | 1225 |
| (E) Unless otherwise terminated and except for interim | 1235 |
|
contracts of less than one year, contracts with deputy registrars | 1236 |
|
shall be for a term of at least two years, but no more than three | 1237 |
|
years, and all contracts effective on or after July 1, 1996, shall | 1238 |
|
be for a term of more than two years, but not more than three | 1239 |
|
years. All contracts with deputy registrars shall expire on the | 1240 |
|
thirtieth day of June in the year of their expiration. The | 1241 |
|
auditor of state may examine the accounts, reports, systems, and | 1242 |
|
other data of each deputy registrar at least every two years.
The | 1243 |
|
registrar, with the approval of the director, shall
immediately | 1244 |
|
remove a deputy who violates any provision of the
Revised Code | 1245 |
related to
histhe duties as a deputy, any rule
adopted by the | 1246 |
registrar, or a term of
histhe deputy's contract
with the | 1247 |
|
registrar. The registrar also may remove a deputy who, in the | 1248 |
|
opinion of the registrar, has engaged in any conduct that is | 1249 |
|
either unbecoming
to one representing this state or is | 1250 |
|
inconsistent with the
efficient operation of the deputy's office. | 1251 |
|
Upon removal of a
deputy registrar for contract violation, the | 1252 |
|
auditor of state
shall examine the accounts, records, systems, and | 1253 |
|
other data of
the deputy registrar so removed. | 1254 |
| If the registrar, with the approval of the director, | 1255 |
|
determines that there is good cause to believe that a deputy | 1256 |
|
registrar or a person proposing for a deputy registrar contract | 1257 |
|
has engaged in any conduct that would require the denial or | 1258 |
|
termination of the deputy registrar contract, the registrar may | 1259 |
require the production of
such books, records, and papers as
he | 1260 |
| the
registrar determines are necessary, and may take the | 1261 |
|
depositions of
witnesses residing within or outside the state in | 1262 |
|
the same manner
as is prescribed by law for the taking of | 1263 |
|
depositions in civil
actions in the court of common pleas, and for | 1264 |
|
that purpose the
registrar may issue a subpoena for any witness or | 1265 |
|
a subpoena
duces tecum to compel the production of any books, | 1266 |
|
records, or
papers, directed to the sheriff of the county where | 1267 |
|
the witness
resides or is found. Such a subpoena shall be served | 1268 |
|
and
returned in the same manner as a subpoena in a criminal case | 1269 |
|
is
served and returned. The fees and mileage of the sheriff and | 1270 |
|
witnesses shall be the same as that allowed in the court of
common | 1271 |
|
pleas in criminal cases and shall be paid from the fund in
the | 1272 |
|
state treasury for the use of the agency in the same manner
as | 1273 |
|
other expenses of the agency are paid. | 1274 |
| In any case of disobedience or neglect of any subpoena
served | 1275 |
|
on any person or the refusal of any witness to testify to
any | 1276 |
matter regarding which
hethe witness lawfully may be | 1277 |
|
interrogated, the court of common pleas of any county where the | 1278 |
disobedience,
neglect, or refusal occurs or any judge
thereofof | 1279 |
|
that court, on
application
by the registrar, shall compel | 1280 |
|
obedience by attachment
proceedings for contempt, as in the case | 1281 |
of disobedience of the
requirements of a subpoena issued from
such | 1282 |
that court, or a refusal
to
testify
thereinin that court. | 1283 |
| (F) Except as provided in section 2743.03 of the Revised | 1288 |
|
Code, no court, other than the court of common pleas of Franklin | 1289 |
|
county, has jurisdiction of any action against the department of | 1290 |
|
public safety, the director, the bureau, or the registrar to | 1291 |
restrain the exercise of any power or authority
nor, or to | 1292 |
|
entertain
any action for declaratory judgment, in the selection | 1293 |
|
and
appointment of, or contracting with, deputy registrars. | 1294 |
|
Neither
the department, the director, the bureau, nor the | 1295 |
|
registrar is
liable in any action at law for damages sustained by | 1296 |
|
any person
because of any acts of the department, the director, | 1297 |
the bureau,
or the registrar,
noror of any employee of the | 1298 |
department or bureau, in
the performance of
hisofficial duties in | 1299 |
|
the selection and
appointment of, and contracting with, deputy | 1300 |
|
registrars. | 1301 |
| (G) The registrar shall assign to each deputy registrar a | 1302 |
|
series of numbers sufficient to supply the demand at all times in | 1303 |
|
the area the deputy registrar serves, and the registrar shall
keep | 1304 |
a record in
histhe registrar's office of the numbers
within the | 1305 |
|
series assigned. Each deputy shall be required to give bond in | 1306 |
|
the
amount of at least twenty-five thousand dollars, or in such | 1307 |
|
higher amount as the registrar determines necessary, based on a | 1308 |
|
uniform schedule of bond amounts established by the registrar and | 1309 |
|
determined by the volume of registrations handled by the deputy. | 1310 |
|
The form of the bond shall be prescribed by the registrar. The | 1311 |
|
bonds required of deputy registrars, in the discretion of the | 1312 |
|
registrar, may be individual or schedule bonds or may be included | 1313 |
|
in any blanket bond coverage carried by the department. | 1314 |
| Sec. 4503.10. (A) The owner of every snowmobile, | 1341 |
|
off-highway motorcycle,
and
all-purpose vehicle required to be | 1342 |
|
registered under section
4519.02 of the Revised
Code shall file an | 1343 |
|
application
for registration under section 4519.03 of the
Revised | 1344 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 1345 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 1346 |
|
designed and constructed by the
manufacturer for operation on a | 1347 |
|
street or highway may not
register it under this chapter except | 1348 |
|
upon certification of
inspection pursuant to section 4513.02 of | 1349 |
|
the
Revised
Code by the sheriff, or
the chief of
police of the | 1350 |
municipal
corporation or township
police, with jurisdiction
over | 1351 |
|
the political
subdivision in which the owner of the motor
vehicle | 1352 |
|
resides.
Except as provided in section 4503.103
of the Revised | 1353 |
|
Code, every
owner of every other motor vehicle
not previously | 1354 |
|
described in
this section and every
person mentioned as owner in | 1355 |
|
the last
certificate of title of a motor vehicle
that
is operated | 1356 |
|
or driven
upon the public roads or highways shall
cause to be | 1357 |
|
filed each
year, by mail or otherwise, in the office
of the | 1358 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 1359 |
|
electronic
application or a preprinted registration renewal
notice | 1360 |
|
issued
under section 4503.102 of the Revised Code, the form of | 1361 |
|
which
shall be prescribed by the registrar, for registration for | 1362 |
|
the
following registration year, which shall begin on the first | 1363 |
|
day of
January of every calendar year and end on the thirty-first | 1364 |
|
day of
December in the same year. Applications for registration | 1365 |
|
and
registration renewal notices shall be filed at the times | 1366 |
|
established by the registrar pursuant to section 4503.101 of the | 1367 |
|
Revised Code. A motor vehicle owner also may elect to
apply for | 1368 |
|
or renew a
motor
vehicle registration by electronic means using | 1369 |
|
electronic
signature in
accordance with rules adopted by the | 1370 |
|
registrar.
Except
as provided in division (J) of this
section, | 1371 |
|
applications
for registration shall be made on blanks
furnished by | 1372 |
|
the
registrar for that purpose, containing the
following | 1373 |
|
information: | 1374 |
| (6) Whether the fees required to be paid for the | 1397 |
|
registration or transfer of the motor vehicle, during the | 1398 |
|
preceding registration year and during the preceding period of
the | 1399 |
|
current registration year, have been paid. Each application
for | 1400 |
|
registration shall be signed by the owner, either
manually or by | 1401 |
|
electronic signature, or pursuant to
obtaining a limited power of | 1402 |
|
attorney authorized by the registrar for
registration, or other | 1403 |
|
document authorizing such signature. If the owner
elects to
apply | 1404 |
|
for or renew
the motor vehicle registration with the registrar by | 1405 |
|
electronic
means, the owner's manual signature is not required. | 1406 |
(B) Each time
thean applicant first registers a motor | 1411 |
|
vehicle
in the applicant's name, the
applicant shall present for | 1412 |
inspection a
physical
certificate of title or
a memorandum | 1413 |
|
certificate
showing title to
the motor vehicle to be registered in | 1414 |
|
the
applicant
if a physical certificate of title or memorandum | 1415 |
|
certificate has been issued by a clerk of a court of common pleas. | 1416 |
|
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised | 1417 |
|
Code, a clerk instead has issued an electronic certificate of | 1418 |
|
title for the applicant's motor vehicle, that certificate may be | 1419 |
|
presented for inspection at the time of first registration in a | 1420 |
|
manner prescribed by rules adopted by the registrar. When a
motor | 1421 |
|
vehicle inspection and maintenance
program is in effect
under | 1422 |
|
section 3704.14 of the Revised Code and
rules adopted under
it, | 1423 |
|
each application for registration for a
vehicle required to
be | 1424 |
|
inspected under that section and those
rules shall be
accompanied | 1425 |
|
by an inspection certificate for the
motor vehicle
issued in | 1426 |
|
accordance with that section. The
application shall be
refused if | 1427 |
|
any of the following applies: | 1428 |
| This section does not require the payment of license or | 1445 |
|
registration taxes on a motor vehicle for any preceding year, or | 1446 |
|
for any preceding period of a year, if the motor vehicle was not | 1447 |
|
taxable for that preceding year or period under sections 4503.02, | 1448 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 1449 |
|
Revised Code. When a certificate of registration is issued upon | 1450 |
|
the first registration of a motor vehicle by or on behalf of the | 1451 |
|
owner, the official issuing the certificate shall indicate the | 1452 |
|
issuance with a stamp on the certificate of title or memorandum | 1453 |
|
certificate
or, in the case of an electronic certificate of title, | 1454 |
|
an electronic stamp or other notation as specified in rules | 1455 |
|
adopted by the registrar, and
with a stamp on the inspection | 1456 |
|
certificate for the motor
vehicle, if any. The official also | 1457 |
shall indicate, by a stamp or
by
such other means
as the registrar | 1458 |
|
prescribes, on the
registration certificate issued upon the first | 1459 |
|
registration of a
motor vehicle by or on behalf of the owner the | 1460 |
|
odometer reading
of
the motor vehicle as shown in the odometer | 1461 |
|
statement included
in
or attached to the certificate of title. | 1462 |
|
Upon each subsequent
registration of the motor vehicle by or on | 1463 |
|
behalf of the same
owner, the official also shall so indicate the | 1464 |
|
odometer reading
of
the motor vehicle as shown on the immediately | 1465 |
|
preceding
certificate of registration. | 1466 |
| (C) In addition, a charge of twenty-five cents shall be
made | 1472 |
|
for each reflectorized safety license plate issued, and a single | 1473 |
|
charge
of twenty-five cents shall be made for each county | 1474 |
|
identification sticker
or each set of county
identification | 1475 |
|
stickers issued, as the case may be, to cover the cost
of | 1476 |
|
producing the license plates and
stickers, including material, | 1477 |
|
manufacturing, and administrative costs. Those
fees shall be in | 1478 |
|
addition to the
license tax. If the total cost of producing the | 1479 |
|
plates is less
than twenty-five cents per plate, or if the total | 1480 |
|
cost of
producing the stickers is less than twenty-five cents per | 1481 |
|
sticker or
per set issued, any excess moneys accruing from the | 1482 |
|
fees shall be distributed
in the same manner as provided by | 1483 |
|
section 4501.04 of the Revised
Code for the distribution of | 1484 |
|
license tax moneys. If the total
cost of producing the plates | 1485 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 1486 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 1487 |
|
per set issued, the difference shall
be paid from the
license tax | 1488 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 1489 |
| (D) Each deputy registrar shall be allowed a fee of
two | 1490 |
|
dollars and
seventy-five cents
commencing on July 1,
2001, three | 1491 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 1492 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 1493 |
|
each application for
registration and registration
renewal notice | 1494 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 1495 |
|
compensating the deputy
registrar for the deputy
registrar's | 1496 |
|
services, and such
office and rental expenses,
as may
be necessary | 1497 |
|
for the proper discharge of the deputy registrar's
duties in the | 1498 |
|
receiving of applications and renewal notices and
the issuing of | 1499 |
licensesregistrations. | 1500 |
| (F) Each deputy registrar, upon receipt of any application | 1504 |
|
for
registration or registration renewal notice, together with the | 1505 |
|
license fee and any
local motor
vehicle license tax levied | 1506 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 1507 |
|
fee and tax, if any, in the
manner provided in this section, | 1508 |
|
together with the original and
duplicate copy of the application, | 1509 |
|
to the registrar. The
registrar, subject to the approval of the | 1510 |
|
director of public
safety, may deposit the funds collected by | 1511 |
|
those deputies in a
local bank or depository to the credit of the | 1512 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 1513 |
|
depository
has been designated by the registrar, each deputy | 1514 |
|
registrar shall deposit
all moneys collected by the deputy | 1515 |
|
registrar into that bank
or depository not more than one business | 1516 |
|
day after their collection and shall
make
reports to the registrar | 1517 |
|
of the amounts so deposited, together
with any other information, | 1518 |
|
some of which may be prescribed by
the treasurer of state, as the | 1519 |
|
registrar may require and as
prescribed by the registrar by rule. | 1520 |
|
The registrar, within three
days after receipt of notification of | 1521 |
|
the deposit of funds by a
deputy registrar in a local bank or | 1522 |
|
depository, shall draw on that
account
in favor of the treasurer | 1523 |
|
of state. The registrar, subject to
the approval of the director | 1524 |
|
and the treasurer of state, may make
reasonable rules necessary | 1525 |
|
for the prompt transmittal of fees and
for safeguarding the | 1526 |
|
interests of the state and of counties,
townships, municipal | 1527 |
|
corporations, and transportation
improvement districts levying | 1528 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 1529 |
|
charges usually collected by banks and depositories for
such | 1530 |
|
service. If deputy registrars are located in
communities where | 1531 |
|
banking facilities are not available, they shall transmit the
fees | 1532 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 1533 |
|
approved by the director and the treasurer of state, may | 1534 |
|
prescribe. The registrar may pay the usual and customary fees
for | 1535 |
|
such service. | 1536 |
| (G) This section does not prevent any person from making
an | 1537 |
|
application for a motor vehicle license directly to the
registrar | 1538 |
|
by mail, by electronic means, or in person at any of the | 1539 |
|
registrar's offices, upon payment of a service fee of
two
dollars | 1540 |
|
and
seventy-five cents
commencing on July 1, 2001,
three dollars | 1541 |
|
and twenty-five cents commencing on January 1, 2003,
and three | 1542 |
|
dollars and fifty cents commencing on January 1, 2004,
for each | 1543 |
|
application. | 1544 |
| (I)(1) Where applicable, the requirements of division (B)
of | 1550 |
|
this section relating to the presentation of an inspection | 1551 |
|
certificate issued under section 3704.14 of the Revised Code and | 1552 |
|
rules adopted under it for a motor vehicle, the refusal of a | 1553 |
|
license for failure to present an inspection certificate, and the | 1554 |
|
stamping of the inspection certificate by the official issuing
the | 1555 |
|
certificate of registration apply to the registration of and | 1556 |
|
issuance of license plates for a motor vehicle under sections | 1557 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 1558 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 1559 |
|
4503.47, and 4503.51 of the Revised Code. | 1560 |
| (b) Upon request, the registrar shall provide the director | 1569 |
|
of environmental protection, or any person that has been awarded
a | 1570 |
|
contract under division (D) of section 3704.14 of the Revised | 1571 |
|
Code, an on-line computer data link to registration information | 1572 |
|
for all passenger cars, noncommercial motor vehicles, and | 1573 |
|
commercial cars that are subject to that section. The registrar | 1574 |
|
also shall provide to the director of environmental protection a | 1575 |
|
magnetic data tape containing registration information regarding | 1576 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 1577 |
|
for which a multi-year registration is in effect under section | 1578 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 1579 |
|
without limitation, the date of issuance of the
multi-year | 1580 |
|
registration, the registration deadline established
under rules | 1581 |
|
adopted under section 4503.101 of the Revised Code
that was | 1582 |
|
applicable in the year in which the multi-year
registration was | 1583 |
|
issued, and the registration deadline for
renewal of the | 1584 |
|
multi-year registration. | 1585 |
| (B) The registrar of motor vehicles may issue to a
motorized | 1620 |
|
bicycle dealer or a licensed motor vehicle dealer
temporary | 1621 |
|
license placards to be issued to purchasers for use on
vehicles | 1622 |
sold by the
licensed dealer, in accordance with
rules
prescribed | 1623 |
|
by the registrar. The dealer shall notify the
registrar, within | 1624 |
forty-eight hours
of proof, of
the issuance
onof a
form | 1625 |
prescribedplacard by
the
registrarelectronic
means via computer
| 1626 |
|
equipment purchased and
maintained by the
dealer or in any other
| 1627 |
|
manner prescribed by the
registrar. | 1628 |
| Except as otherwise specifically provided in this chapter,
| 1664 |
|
any provision of
this chapter relating to the cancellation,
| 1665 |
|
issuance, or surrender of a
certificate of title, including, but
| 1666 |
|
not limited to, provisions
that contain a phrase such as
"when a
| 1667 |
|
certificate of title is
issued,"
"the clerk shall issue a
| 1668 |
|
certificate of title," or
"the
person shall obtain a certificate
| 1669 |
|
of title to the motor vehicle,"
or another phrase of similar
| 1670 |
|
import, shall include those
circumstances when a clerk enters
| 1671 |
|
certificate of title information
into the automated title
| 1672 |
|
processing system, but does not take any
further action relating
| 1673 |
|
to a physical certificate of title for the
motor vehicle. | 1674 |
Sec. 4505.03. No person, except as provided in
section | 1675 |
| sections
4505.032 and 4505.05 of the Revised
Code, shall sell or
| 1676 |
|
otherwise dispose of a motor vehicle without delivering to
the
| 1677 |
buyer or transferee
thereofof it a certificate of title
with | 1678 |
suchan
assignment
thereonon it as is necessary to show title in | 1679 |
|
the
buyer or transferee; nor shall
any person, except as | 1680 |
|
provided in
section
4505.032or 4505.11
of the Revised Code,
| 1681 |
|
buy or otherwise
acquire a motor vehicle without obtaining a
| 1682 |
|
certificate
of title
for it in the person's name in accordance | 1683 |
|
with
this chapter. | 1684 |
| Sec. 4505.032. (A)(1) If a person who is not an electronic
| 1685 |
|
motor
vehicle dealer owns a motor vehicle for which a physical
| 1686 |
|
certificate of title
has not been issued by a clerk of a court of
| 1687 |
|
common pleas and the person sells the motor vehicle to an
| 1688 |
|
electronic motor vehicle dealer, the person is not required to
| 1689 |
|
obtain a physical certificate of title to the motor vehicle in
| 1690 |
|
order to transfer ownership to the dealer. The person shall
| 1691 |
|
present the dealer, in a manner approved by the registrar of motor
| 1692 |
|
vehicles,
with sufficient proof of the person's identity
and
| 1693 |
|
complete and sign a form prescribed by the registrar
attesting to
| 1694 |
|
the person's identity and assigning the
motor vehicle to the
| 1695 |
|
dealer. The electronic motor vehicle dealer
then shall inform a
| 1696 |
|
clerk of a court of common pleas via electronic means of
the sale
| 1697 |
|
of
the motor vehicle and assignment of ownership of the vehicle | 1698 |
|
to
the dealer. The clerk shall enter the information relating to | 1699 |
|
the
assignment, including, but not limited to, the odometer | 1700 |
|
disclosure
statement
required by section 4505.06 of the Revised | 1701 |
|
Code, into
the automated title processing system,
and
ownership | 1702 |
|
of the
vehicle passes to the dealer when the clerk
enters this
| 1703 |
|
information into the
system. The dealer is not required to | 1704 |
|
obtain
a certificate of
title to the vehicle in the dealer's | 1705 |
|
name. | 1706 |
| Sec. 4505.04. (A) No person acquiring a motor vehicle
from
| 1719 |
|
its owner, whether the owner is a manufacturer, importer,
dealer,
| 1720 |
|
or any other person, shall acquire any right, title,
claim, or
| 1721 |
|
interest in or to the motor vehicle until there is issued to
the
| 1722 |
|
person a certificate of title to the motor
vehicle, or
there is | 1723 |
|
delivered to the person a manufacturer's or
importer's | 1724 |
|
certificate
for it,or a certificate of title to it
is assigned | 1725 |
|
as authorized
by
section 4505.032 of the Revised Code; and no | 1726 |
|
waiver or
estoppel
operates in favor
of such person against a | 1727 |
|
person having
possession of the
certificate of title to, or | 1728 |
|
manufacturer's or
importer's
certificate for, the motor vehicle, | 1729 |
|
for a valuable
consideration. | 1730 |
| Sec. 4505.06. (A)(1) Application for a certificate of title
| 1780 |
|
shall be made in a form prescribed by the registrar of motor
| 1781 |
vehicles, and shall be sworn to before a notary public or other
| 1782 |
|
officer empowered to administer oaths. The application shall be
| 1783 |
filed with the clerk of
theany court of common pleas
of the
| 1784 |
county
in which the applicant resides if the applicant is a
| 1785 |
resident of
this state or, if not a resident, in the county in
| 1786 |
which the
transaction is consummated.
An application for a
| 1787 |
|
certificate of title may be filed
electronically by
any | 1788 |
electronic
image transmissionmeans approved by the registrar in | 1789 |
any county
in
whichwith the clerk of the court of common pleas | 1790 |
permits an
application to be filed electronically. The
| 1791 |
signature of an
officer empowered to administer oaths that | 1792 |
appears
on an
application for a certificate of title, or on any | 1793 |
other
document
required to be filed by this chapter that has | 1794 |
been filed
electronically, is
not a facsimile signature as | 1795 |
defined in section
9.10 of the
Revised Codeof that county. Any | 1796 |
|
payments required by
this chapter
shall be considered as | 1797 |
|
accompanying any
electronically transmitted
application when | 1798 |
|
payment actually is
received by the clerk.
Payment of any fee or | 1799 |
|
taxes may be made
by
electronic transfer of
funds. | 1800 |
| (2) The application for a certificate of title shall be
| 1801 |
|
accompanied
by the fee prescribed in section 4505.09 of the
| 1802 |
Revised Code; and
if. The fee shall be retained by the clerk who
| 1803 |
|
issues the
certificate of title and shall be distributed in
| 1804 |
|
accordance with that section.
If a clerk of a court of common
| 1805 |
|
pleas, other than the clerk of the court of
common pleas of an
| 1806 |
|
applicant's county of residence, issues a certificate of
title to
| 1807 |
|
the applicant, the clerk shall transmit data related to the
| 1808 |
|
transaction to the automated title processing
system. | 1809 |
| (3) If a certificate of title previously has been issued for | 1810 |
thea
motor vehicle in this state,
itthe application for a
| 1811 |
|
certificate of title also shall be accompanied by that
| 1812 |
|
certificate
of title duly assigned, unless otherwise provided in
| 1813 |
|
this chapter.
If a certificate of title previously has not been
| 1814 |
|
issued for the
motor vehicle in this state, the application,
| 1815 |
|
unless otherwise
provided in this chapter, shall be accompanied
| 1816 |
|
by a manufacturer's
or importer's certificate or by a certificate | 1817 |
|
of title
of another
state
from which the motor vehicle was | 1818 |
|
brought into this state.
If
the
application refers to a motor | 1819 |
|
vehicle last previously
registered
in another state, the | 1820 |
|
application also shall be
accompanied by
the physical inspection | 1821 |
|
certificate required by
section 4505.061
of the Revised Code.
If | 1822 |
|
the application is made
by two persons
regarding a motor
vehicle | 1823 |
|
in which they wish to
establish joint
ownership with
right of | 1824 |
|
survivorship, they may do
so as provided
in section
2106.17 of | 1825 |
|
the Revised Code. The clerk
shall retain
the
evidence of title | 1826 |
|
presented by the applicant and
on which the
certificate of title | 1827 |
|
is issued,except that, if an
application
for a
certificate of | 1828 |
|
title is
filed electronically by
an
electronic motor vehicle | 1829 |
|
dealer on behalf of the
purchaser of a
motor vehicle, the clerk
| 1830 |
|
shall retain the completed electronic
record to which the dealer
| 1831 |
|
converted the certificate of title
application and other required
| 1832 |
|
documents. The electronic motor
vehicle dealer shall forward the | 1833 |
|
actual application and all other documents relating to the sale of | 1834 |
|
the motor vehicle to any clerk within thirty days after the | 1835 |
|
certificate of title is issued. The registrar, after consultation | 1836 |
|
with the attorney general, shall adopt rules that govern the | 1837 |
|
location at which, and the manner in which, are stored the actual | 1838 |
|
application and all other documents relating to the sale of a | 1839 |
|
motor vehicle when an electronic motor vehicle dealer files the | 1840 |
|
application for a certificate of title electronically on behalf of | 1841 |
the purchaser.
The | 1842 |
| The clerk shall use reasonable
diligence in
ascertaining
| 1843 |
|
whether or not the facts in the
application
for a
certificate of
| 1844 |
|
title are true by checking the application and
documents
| 1845 |
|
accompanying it
or the
electronic record to which a
dealer | 1846 |
|
converted the
application and
accompanying documents
with
the | 1847 |
records of motor vehicles in the clerk's
office;
if.
If the
| 1848 |
|
clerk is satisfied that the applicant is the
owner of the
motor
| 1849 |
|
vehicle
and that the application is in the
proper form,
the | 1850 |
|
clerk,
within
five business days after the
application is | 1851 |
|
filed, shall
issue a
physical
certificate of title
over the | 1852 |
|
clerk's signature
and
sealed with the clerk's seal
unless
the | 1853 |
|
applicant specifically
requests the clerk not to issue a
| 1854 |
|
physical certificate of title
and instead to
issue an electronic
| 1855 |
|
certificate of title. For
purposes of the transfer of a
| 1856 |
|
certificate
of title, if the clerk
is satisfied that the secured
| 1857 |
party has duly discharged
a lien
notation, but has not canceled
| 1858 |
the lien notation with
thea
clerk
of
the county of origin, the
| 1859 |
|
clerk may cancel the lien notation on
the automated title
| 1860 |
|
processing system and notify the clerk of the
county of origin. | 1861 |
| (4) In the case of the sale of a motor vehicle to a general | 1862 |
|
buyer
or user
by a dealer, by a motor vehicle leasing dealer | 1863 |
|
selling
the
motor
vehicle to the lessee or, in a case in which | 1864 |
|
the
leasing
dealer subleased the
motor vehicle, the sublessee, | 1865 |
|
at
the end of
the lease agreement or sublease
agreement, or by a | 1866 |
|
manufactured
home
broker, the certificate of title shall be
| 1867 |
|
obtained in the
name of the buyer by the dealer, leasing
dealer, | 1868 |
or
the
manufactured home
broker, as the case may be, upon | 1869 |
|
application
signed by
the buyer. The certificate of title shall | 1870 |
|
be issued, or
the process
of entering the certificate of title | 1871 |
|
application
information into the automated title processing | 1872 |
|
system if a
physical
certificate of title is not to be issued | 1873 |
|
shall
be
completed, within
five business days after the | 1874 |
|
application for
title is filed with
the clerk. If the buyer of | 1875 |
|
the motor vehicle
previously leased the motor
vehicle and
is | 1876 |
|
buying the motor
vehicle at the end of the lease pursuant to that | 1877 |
|
lease,
the
certificate of title shall be obtained in the name of | 1878 |
|
the buyer by
the
motor vehicle leasing dealer who previously | 1879 |
|
leased the motor
vehicle to the
buyer or by the motor vehicle | 1880 |
|
leasing dealer who
subleased the motor vehicle
to the buyer | 1881 |
|
under a sublease
agreement. | 1882 |
| (5)(a)(i) If the certificate of title is being obtained in | 1886 |
|
the name of the buyer by a motor vehicle dealer or motor vehicle | 1887 |
|
leasing dealer and there is a security interest to be noted on the | 1888 |
|
certificate of title, the dealer or leasing dealer shall submit | 1889 |
|
the application for the certificate of title and payment of the | 1890 |
|
applicable tax to a clerk within seven business days after the | 1891 |
|
later of the delivery of the motor vehicle to the
buyer or the | 1892 |
|
date the dealer or leasing dealer obtains the
manufacturer's or | 1893 |
|
importer's certificate, or certificate of title
issued in the name | 1894 |
|
of the dealer or leasing dealer, for the motor vehicle.
Submission | 1895 |
|
of the application for the
certificate of title and payment of the | 1896 |
|
applicable tax within the
required seven business days may be | 1897 |
|
indicated by postmark or
receipt by a clerk within that period. | 1898 |
|
(iii) A motor vehicle dealer or motor vehicle leasing | 1904 |
|
dealer is liable to a secured party for a late fee of ten dollars | 1905 |
|
per day for each certificate of title application and payment of | 1906 |
|
the applicable tax that is submitted to a clerk more than seven | 1907 |
|
business days
but less than twenty-one days after the later of the | 1908 |
|
delivery of the motor vehicle to the buyer or the date the
dealer | 1909 |
|
or leasing dealer obtains the manufacturer's or importer's | 1910 |
|
certificate, or certificate of title issued in the name of the | 1911 |
|
dealer or leasing dealer, for the motor vehicle and,
from then on, | 1912 |
|
twenty-five dollars per day until the application
and applicable | 1913 |
|
tax are submitted to a clerk. | 1914 |
|
(b) In all cases of
transfer of
a motor vehicle, the | 1915 |
|
application for certificate of
title shall be
filed within | 1916 |
|
thirty days after the assignment or
delivery of the
motor | 1917 |
|
vehicle. If an application for a
certificate of title is
not | 1918 |
filed within
thatthe period
specified in division (A)(5)(b) of | 1919 |
|
this section, the clerk
shall collect a fee of
five dollars for | 1920 |
|
the issuance of the
certificate, except that no
such fee shall | 1921 |
|
be required from a
motor vehicle salvage dealer,
as defined in | 1922 |
|
division (A) of
section 4738.01 of the Revised
Code, who | 1923 |
|
immediately surrenders
the certificate of title for
| 1924 |
|
cancellation. The fee shall be in
addition to all other fees
| 1925 |
|
established by this chapter, and shall
be retained by the clerk. | 1926 |
|
The
registrar shall provide, on the
certificate of title form
| 1927 |
|
prescribed by section 4505.07 of the
Revised Code, language
| 1928 |
|
necessary to give evidence of the date on
which the assignment or
| 1929 |
|
delivery of the motor vehicle was made. | 1930 |
| (B) The clerk, except as provided in this section, shall
| 1934 |
|
refuse to accept for filing any application for a certificate of
| 1935 |
|
title and shall refuse to issue a certificate of title unless the
| 1936 |
|
dealer or manufactured home broker or the applicant, in cases in
| 1937 |
|
which the
certificate shall be obtained by the buyer, submits | 1938 |
|
with
the
application payment of the tax levied by or pursuant to
| 1939 |
|
Chapters
5739. and 5741. of the Revised Code
based on the
| 1940 |
|
purchaser's county of residence. Upon payment of the tax in
| 1941 |
|
accordance with division (E) of this section, the clerk shall
| 1942 |
|
issue a receipt prescribed by the registrar and agreed upon by the
| 1943 |
|
tax
commissioner showing payment of the tax or a receipt issued | 1944 |
|
by
the
commissioner showing the payment of the tax. When | 1945 |
|
submitting
payment of the
tax to the clerk, a dealer shall | 1946 |
|
retain any
discount to which the dealer is
entitled under | 1947 |
|
section 5739.12 of
the Revised Code. | 1948 |
|
A clerk, however, may retain from the taxes paid to the | 1956 |
|
clerk an amount equal to the poundage fees associated with | 1957 |
|
certificates of title issued by other clerks of courts of common | 1958 |
|
pleas to applicants who reside in the first clerk's county. The | 1959 |
|
registrar, in consultation with the tax commissioner and the | 1960 |
|
clerks of the courts of common pleas, shall develop a report from | 1961 |
|
the automated title processing system that informs each clerk of | 1962 |
|
the amount of the poundage fees that the clerk is permitted to | 1963 |
|
retain from those taxes because of certificates of title issued by | 1964 |
|
the clerks of other counties to applicants who reside in the first | 1965 |
|
clerk's county. | 1966 |
| (C)(1) If the transferor indicates on the certificate of
| 1974 |
|
title
that the odometer reflects mileage in excess of the | 1975 |
|
designed
mechanical limit of the odometer, the clerk shall enter | 1976 |
|
the
phrase
"exceeds mechanical limits" following the mileage
| 1977 |
|
designation. If
the transferor indicates on the certificate of
| 1978 |
|
title that the
odometer reading is not the actual mileage, the
| 1979 |
|
clerk shall enter
the phrase
"nonactual: warning -
odometer | 1980 |
|
discrepancy" following
the mileage designation. The clerk shall | 1981 |
|
use
reasonable care in
transferring the information supplied
by | 1982 |
|
the transferor, but is
not liable for any errors or omissions
of | 1983 |
|
the clerk or those of
the clerk's deputies in the
performance of | 1984 |
|
the clerk's duties
created by this chapter. | 1985 |
| The registrar shall prescribe an affidavit in which the
| 1986 |
|
transferor shall swear to the true selling price and, except as
| 1987 |
|
provided in this division, the true odometer reading of the motor
| 1988 |
|
vehicle. The registrar may prescribe an affidavit in which the
| 1989 |
|
seller and buyer provide information pertaining to the odometer
| 1990 |
|
reading of the motor vehicle in addition to that required by this
| 1991 |
|
section, as such information may be required by the United States
| 1992 |
|
secretary of transportation by rule prescribed under authority of
| 1993 |
|
subchapter IV of the
"Motor Vehicle Information and Cost Savings
| 1994 |
|
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 1995 |
| (D) When the transfer to the applicant was made in some
| 2003 |
|
other state or in interstate commerce, the clerk, except as
| 2004 |
|
provided in this section, shall refuse to issue any certificate
| 2005 |
|
of
title unless the tax imposed by or pursuant to Chapter
5741. | 2006 |
|
of
the Revised Code
based on the purchaser's county of residence | 2007 |
|
has
been paid as evidenced by a receipt issued by the tax
| 2008 |
|
commissioner, or
unless the applicant submits with the | 2009 |
|
application
payment of
the tax. Upon payment of the tax in | 2010 |
|
accordance with
division
(E) of this section, the clerk shall | 2011 |
|
issue a
receipt
prescribed by the
registrar and agreed upon by | 2012 |
the tax
commissioner, showing
payment of the tax.
For | 2013 |
|
A clerk, however, may retain from the taxes paid to the | 2019 |
|
clerk an amount equal to the poundage fees associated with | 2020 |
|
certificates of title issued by other clerks of courts of common | 2021 |
|
pleas to applicants who reside in the first clerk's county. The | 2022 |
|
registrar, in consultation with the tax commissioner and the | 2023 |
|
clerks of the courts of common pleas, shall develop a report from | 2024 |
|
the automated title processing system that informs each clerk of | 2025 |
|
the amount of the poundage fees that the clerk is permitted to | 2026 |
|
retain from those taxes because of certificates of title issued by | 2027 |
|
the clerks of other counties to applicants who reside in the first | 2028 |
|
clerk's county. | 2029 |
| (E) The clerk shall accept any payment of a tax in cash, or
| 2034 |
by
cashier's check, certified
check, draft,
or money order, or
| 2035 |
|
teller check issued by any
insured financial institution payable
| 2036 |
|
to the clerk and submitted with an
application
for a certificate
| 2037 |
|
of title under division (B)
or (D) of this section. The clerk
| 2038 |
|
also may
accept payment of the tax by corporate, business, or
| 2039 |
|
personal check, credit
card, electronic transfer or wire | 2040 |
|
transfer,
debit card, or any other accepted
form of payment made | 2041 |
|
payable to
the clerk. The clerk may require bonds,
guarantees, | 2042 |
|
or letters of
credit to ensure the collection of corporate,
| 2043 |
|
business, or
personal
checks. Any service fee charged by a | 2044 |
|
third party to a
clerk for the use of
any form of payment may be | 2045 |
|
paid by the clerk
from the certificate of title
administration | 2046 |
|
fund created in
section 325.33 of the Revised Code, or may be
| 2047 |
|
assessed by the
clerk upon the applicant as an additional fee. | 2048 |
|
Upon
collection,
the additional fees shall be paid by the clerk | 2049 |
|
into that
certificate of title administration fund. | 2050 |
| The clerk shall make a good faith effort to collect any
| 2051 |
|
payment of taxes
due but not made because the payment was | 2052 |
|
returned
or dishonored, but the clerk
is not personally liable | 2053 |
|
for the
payment of uncollected taxes or uncollected
fees. The | 2054 |
|
clerk
shall
notify the tax commissioner of any such payment of | 2055 |
|
taxes that is
due but
not made and shall furnish such | 2056 |
|
information to the
commissioner as the
commissioner requires. | 2057 |
|
The clerk shall deduct
the amount of taxes due but not
paid from | 2058 |
|
the clerk's periodic
remittance of tax payments, in accordance | 2059 |
|
with
procedures agreed
upon by the tax commissioner. The | 2060 |
|
commissioner may collect
taxes
due by assessment in the manner | 2061 |
|
provided in section 5739.13 of the
Revised Code. | 2062 |
| Any person who presents payment that is returned or
| 2063 |
|
dishonored for any
reason is liable to the clerk for payment of a
| 2064 |
|
penalty over and above the
amount of the taxes due. The clerk
| 2065 |
|
shall determine the amount of the penalty,
which shall be no
| 2066 |
|
greater than that amount necessary to compensate the clerk
for
| 2067 |
|
banking charges, legal fees, or other expenses incurred by the
| 2068 |
|
clerk in
collecting the returned or dishonored payment. The
| 2069 |
|
remedies and procedures
provided in this section are in addition
| 2070 |
|
to any other available civil or
criminal remedies. Subsequently
| 2071 |
|
collected penalties, poundage
fees, and title
fees, less
any | 2072 |
|
title
fee
due the state, from returned or dishonored payments | 2073 |
|
collected
by
the clerk shall be paid into the certificate of | 2074 |
|
title
administration fund.
Subsequently collected taxes, less | 2075 |
|
poundage
fees,
shall be sent by the clerk to the
treasurer of | 2076 |
|
state
at the next
scheduled periodic remittance of tax payments,
| 2077 |
with
such
information as the commissioner may require. The clerk | 2078 |
|
may
abate
all or any part of any penalty assessed under this | 2079 |
|
division. | 2080 |
| (G) An application, as prescribed by the registrar
and
| 2107 |
|
agreed to by the tax commissioner, shall be filled out and sworn
| 2108 |
|
to by the buyer of a motor vehicle in a casual sale. The
| 2109 |
|
application shall contain the following notice in bold lettering:
| 2110 |
|
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
| 2111 |
|
are
required by law to state the true selling price. A false
| 2112 |
|
statement is in
violation of section 2921.13 of
the Revised Code
| 2113 |
|
and is punishable by six months' imprisonment or
a fine of up to
| 2114 |
|
one thousand dollars, or both. All transfers are
audited by the
| 2115 |
|
department of taxation. The seller and buyer must
provide any
| 2116 |
|
information requested by the department of taxation. The buyer
| 2117 |
|
may be assessed any additional tax found to be due." | 2118 |
| (H) For sales of manufactured homes or mobile homes
| 2119 |
|
occurring
on or after January 1, 2000, the clerk shall accept for
| 2120 |
|
filing,
pursuant to
Chapter 5739. of the Revised Code, an
| 2121 |
|
application for a
certificate of title for a manufactured home or
| 2122 |
|
mobile home
without requiring payment of any tax pursuant to
| 2123 |
|
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
| 2124 |
|
Code, or a receipt issued by
the tax commissioner showing payment
| 2125 |
|
of the tax. For sales of
manufactured homes or mobile homes
| 2126 |
|
occurring on or after January 1,
2000, the applicant shall pay to
| 2127 |
|
the clerk an additional fee of five dollars
for each certificate
| 2128 |
|
of title issued by the clerk for a
manufactured or mobile home
| 2129 |
|
pursuant to division (H) of section 4505.11 of the Revised Code
| 2130 |
|
and for each certificate of title issued upon transfer of
| 2131 |
|
ownership of
the home. The clerk shall credit the fee to the
| 2132 |
|
county
certificate of title administration fund, and the fee shall | 2133 |
|
be used to
pay
the expenses of archiving such certificates | 2134 |
|
pursuant to
division
(A) of section 4505.08
and division (H)(3) | 2135 |
|
of section
4505.11 of
the Revised Code. The tax commissioner
| 2136 |
|
shall
administer any tax
on a manufactured or mobile home
| 2137 |
|
pursuant to
Chapters 5739. and
5741. of the
Revised Code. | 2138 |
Sec. 4505.08. (A)
TheWhen the clerk of
thea
court of
| 2151 |
|
common pleas
issues a physical certificate of title, the clerk | 2152 |
shall issue
certificatesthe certificate of title in duplicate.
| 2153 |
|
One copy
shall
be retained and filed by the clerk in the
| 2154 |
|
clerk's
office. The clerk shall sign
and affix the clerk's seal | 2155 |
|
to the
original certificate of
title and, if
there are no liens | 2156 |
|
on the
motor vehicle, shall deliver the
certificate to the | 2157 |
|
applicant or
the selling dealer. If there are one or more
liens | 2158 |
|
on
the motor
vehicle, the certificate of title shall be | 2159 |
|
delivered to
the holder
of the first lien or the selling dealer, | 2160 |
|
who shall deliver the
certificate of title to the holder of the | 2161 |
|
first lien. | 2162 |
| The clerk need not retain on file any current
certificates | 2171 |
|
of
title, current duplicate certificates of title,
current | 2172 |
|
memorandum
certificates of title, or current salvage
| 2173 |
certificates of title,
or supporting evidence
thereofof them,
| 2174 |
|
including the
electronic
record described in division (A) of
| 2175 |
|
section 4505.06 of the
Revised Code,
covering
any motor vehicle | 2176 |
|
or
manufactured or mobile
home for a period longer
than seven | 2177 |
years
after the date of its
filing; thereafter, the
same | 2178 |
| documents and
supporting evidence may
be destroyed. The clerk | 2179 |
|
need not retain
on file any
inactive
records, including | 2180 |
|
certificates of title,
duplicate
certificates
of title,
or | 2181 |
|
memorandum certificates of
title, or
supporting
evidence | 2182 |
thereofof them, including the
electronic record
described in | 2183 |
|
division (A) of
section 4505.06 of the Revised Code,
covering | 2184 |
|
any motor vehicle or
manufactured or mobile home for a
period | 2185 |
|
longer than five years
after
the date of its filing;
| 2186 |
thereafter, the
samedocuments and
supporting evidence may be
| 2187 |
destroyed.
The clerk
shall retain the
active index and all | 2188 |
active
records in the data base of the
computer in the clerk's | 2189 |
office,
and shall retain in the data base
a record and
index of | 2190 |
all
inactive
titles for ten years, and a
record and index of | 2191 |
all
inactive titles for manufactured and
mobile homes for thirty
| 2192 |
years. If the clerk provides a written
copy of any information
| 2193 |
contained in the data base, the copy shall
be considered the
| 2194 |
original for
purposes of the clerk certifying
the record of such
| 2195 |
information for use in any
legal proceeding. | 2196 |
| (B)(1) If the clerk issues a certificate of title for a
| 2197 |
|
motor vehicle that was last previously registered in another
| 2198 |
|
state, the clerk
shall record verbatim, where practicable, in the
| 2199 |
|
space
on the title described in division (B)(19) of section
| 2200 |
|
4505.07 of
the Revised Code, the words that appear as a notation
| 2201 |
|
to the
vehicle on the title issued by the previous state. These
| 2202 |
|
notations may include, but are not limited to, words to the
| 2203 |
|
effect
that the vehicle was considered or was categorized by the
| 2204 |
|
state in
which it was last previously registered to be a law
| 2205 |
enforcement
vehicle,or a taxicab, or was once in a flood. | 2206 |
| (2) If the clerk, while issuing a certificate of title for
| 2207 |
|
a
motor vehicle that was last previously registered in another
| 2208 |
|
state, receives information from the automated title processing
| 2209 |
|
system indicating that a title to the vehicle previously was
| 2210 |
|
issued
by this state and that the previous title contained
| 2211 |
|
notations
that appeared in the space described in division | 2212 |
|
(B)(19)
or
(20) of section 4505.07 of the Revised Code, the | 2213 |
|
clerk shall
enter
the notations that appeared on the previous | 2214 |
|
certificate of
title
issued by this state on the new certificate | 2215 |
|
of title in the
space
described in division (B)(19) or (20) of | 2216 |
|
section 4505.07 of
the Revised Code, irrespective of whether the | 2217 |
|
notations appear on
the
certificate of title issued by the state | 2218 |
|
in which the vehicle
was
last previously registered. | 2219 |
| (3) If the clerk, while issuing a certificate of title for
| 2220 |
|
a
motor vehicle that was last previously registered in another
| 2221 |
|
state, receives information from the automated title processing
| 2222 |
|
system indicating that the vehicle was previously issued a title
| 2223 |
|
by this state and that the previous title bore the notation
| 2224 |
|
"REBUILT SALVAGE" as required by division (E) of section 4505.11
| 2225 |
|
of the Revised Code, or the previous title to the vehicle issued
| 2226 |
|
by this state was a salvage certificate of title, the clerk shall
| 2227 |
|
cause the certificate of title the clerk issues to bear the
| 2228 |
|
notation
"REBUILT SALVAGE" in the location prescribed by the
| 2229 |
|
registrar
pursuant to that division. | 2230 |
| (C) When the clerk issues a certificate of title for a motor
| 2231 |
|
vehicle that was last previously registered in this state and was
| 2232 |
a law
enforcement vehicle,or a taxicab, or was once in a flood,
| 2233 |
|
the clerk shall record
that information in the space on the title
| 2234 |
|
described in division
(B)(20) of section 4505.07 of the Revised
| 2235 |
|
Code. The registrar, by rule, may
prescribe any additional uses
| 2236 |
|
of or happenings to a motor vehicle that the
registrar has reason
| 2237 |
|
to believe should be noted on the certificate of title as
| 2238 |
|
provided
in this division. | 2239 |
| (D) The clerk shall use reasonable care in recording or
| 2240 |
|
entering onto titles the clerk issues any notation and
| 2241 |
|
information
the clerk is required by divisions (B)
and (C) of | 2242 |
|
this section to
record or enter and
in causing the titles the | 2243 |
|
clerk issues to bear
any notation
required by those divisions, | 2244 |
|
but the clerk is not
liable for any of the clerk's errors or | 2245 |
|
omissions or those of
the
clerk's deputies, or the automated | 2246 |
|
title
processing system, in the
performance of the duties | 2247 |
|
imposed on
the clerk by this section. | 2248 |
| (F)The clerk shall issue a physical certificate of title to
| 2252 |
|
an
applicant unless the applicant specifically requests the clerk
| 2253 |
|
not to issue a
physical certificate of title and instead to issue
| 2254 |
|
an electronic certificate
of title.
The fact that a physical
| 2255 |
|
certificate of title is
not issued for a motor vehicle does not
| 2256 |
|
affect ownership of the
vehicle. In that case, when the clerk
| 2257 |
|
completes the process of
entering certificate of title | 2258 |
|
application
information into the
automated title processing | 2259 |
|
system, the effect
of the completion of
the process is the same | 2260 |
|
as if the clerk
actually issued a physical
certificate of title | 2261 |
|
for the motor
vehicle. | 2262 |
| (G) An electronic motor vehicle dealer who applies for a
| 2263 |
|
certificate of title on behalf of a customer who purchases a motor
| 2264 |
|
vehicle
from the dealer may print a non-negotiable evidence of
| 2265 |
|
ownership for the customer if the customer so requests. The
| 2266 |
|
authorization to print the non-negotiable evidence of ownership
| 2267 |
|
shall come from the clerk with whom the dealer makes application
| 2268 |
|
for the certificate of title for the customer, but the printing by
| 2269 |
|
the dealer does not create an agency relationship of any kind
| 2270 |
|
between the dealer and the clerk. | 2271 |
| In addition to those fees, the clerk shall charge a fee of
| 2281 |
|
five dollars for each certificate of title, duplicate
certificate
| 2282 |
|
of title, memorandum certificate of title,
authorization to
print
| 2283 |
|
a non-negotiable
evidence of ownership described in division (G)
| 2284 |
|
of section 4505.08 of
the Revised Code, non-negotiable evidence | 2285 |
|
of ownership printed by the clerk under division (H) of that | 2286 |
|
section, and
notation of any lien
on a certificate of title.
The | 2287 |
|
clerk shall
retain two dollars
and
twenty-five cents of the
fee | 2288 |
|
charged for
each certificate of
title, four dollars and | 2289 |
|
seventy-five cents of
the fee charged for
each duplicate | 2290 |
|
certificate of
title, all of the fees charged for
each | 2291 |
|
memorandum certificate, authorization to print a
non-negotiable | 2292 |
|
evidence of ownership, or non-negotiable evidence of ownership | 2293 |
|
printed by the clerk,
and four dollars and
twenty-five cents of | 2294 |
|
the fee charged for
each notation of a lien. | 2295 |
| The remaining two dollars and seventy-five cents charged
for
| 2296 |
|
the certificate of title, the remaining twenty-five cents
charged
| 2297 |
|
for the duplicate certificate of title, and the
remaining
| 2298 |
|
seventy-five cents charged for the notation of any lien
on a
| 2299 |
|
certificate of title shall be paid to the registrar of motor
| 2300 |
|
vehicles by monthly returns, which shall be forwarded to the
| 2301 |
|
registrar not later than the fifth day of the month next
| 2302 |
|
succeeding that in which the certificate is issued or that in
| 2303 |
which the registrar is notified of a lien or cancellation
thereof | 2304 |
| of a lien. | 2305 |
| (a) Four cents shall be paid into the state treasury to
the
| 2313 |
|
credit of the motor vehicle dealers board fund, which is
hereby
| 2314 |
|
created. All investment earnings of the fund shall be credited to
| 2315 |
|
the
fund. The moneys in the motor vehicle dealers board fund
| 2316 |
|
shall be used by the
motor vehicle dealers board created under
| 2317 |
|
section 4517.30 of the Revised Code,
together
with other moneys
| 2318 |
|
appropriated to it, in the exercise of
its powers and
the
| 2319 |
|
performance of its duties under Chapter 4517. of the Revised Code,
| 2320 |
|
except
that the director of budget and management may transfer
| 2321 |
|
excess money from the
motor vehicle dealers board fund to the
| 2322 |
|
bureau of motor vehicles fund if the
registrar determines that | 2323 |
|
the
amount of money in the motor vehicle dealers
board fund, | 2324 |
|
together
with other moneys appropriated to the
board, exceeds | 2325 |
|
the
amount
required for the exercise of its powers and the | 2326 |
|
performance of its
duties under Chapter 4517. of the Revised Code | 2327 |
|
and requests the
director to
make the transfer. | 2328 |
| (c) Twenty-five cents shall be paid into the state
treasury
| 2331 |
|
to the credit of the motor vehicle sales audit fund,
which is
| 2332 |
|
hereby created. The moneys in the fund shall be used by
the tax
| 2333 |
|
commissioner together with other funds available
to the
| 2334 |
|
commissioner to conduct a continuing investigation of
sales and
| 2335 |
|
use tax returns
filed for motor vehicles in order to determine if
| 2336 |
|
sales and use
tax liability has been satisfied. The commissioner
| 2337 |
|
shall refer
cases of apparent violations of section 2921.13 of | 2338 |
|
the
Revised
Code made in connection with the titling or sale of | 2339 |
|
a
motor
vehicle and cases of any other apparent violations of | 2340 |
|
the
sales
or use tax law to the appropriate county prosecutor | 2341 |
|
whenever
the
commissioner considers it advisable. | 2342 |
| (C)(1) The automated title processing board is hereby
| 2366 |
|
created consisting of the registrar or the registrar's
| 2367 |
|
representative, a
person selected by the registrar, the president
| 2368 |
|
of the Ohio
clerks of court association or the president's
| 2369 |
|
representative, and two clerks
of courts of common pleas | 2370 |
|
appointed
by the governor. The
director of budget and | 2371 |
|
management or the
director's
designee, the chief of
the | 2372 |
|
division of watercraft in
the department of natural resources
or | 2373 |
|
the chief's designee, and
the tax commissioner or
the | 2374 |
|
commissioner's designee shall
be
nonvoting members of the board. | 2375 |
| (3) The registrar shall purchase, lease, or otherwise
| 2384 |
|
acquire any automated title processing equipment and certificates
| 2385 |
|
of title that the board determines are necessary from moneys in
| 2386 |
|
the automated title processing fund established by division
| 2387 |
|
(B)(3)
of this section. Each county issuing more than one
| 2388 |
|
hundred
thousand certificates of title annually, with the
| 2389 |
|
approval of the
registrar and in accordance with the registrar's
| 2390 |
|
requirements, may
purchase and maintain an automated title | 2391 |
|
processing
system for the
issuance of motor vehicle titles, | 2392 |
|
certificates of
title for
off-highway motorcycles and | 2393 |
|
all-purpose vehicles, and
certificates
of title for
watercraft | 2394 |
|
and outboard motors with the cost of
the
system paid for from | 2395 |
|
the automated processing title fund. | 2396 |
| Sec. 4505.10. (A) In the event of the transfer of
ownership | 2402 |
|
of
a motor vehicle by operation of law, as upon
inheritance, | 2403 |
devise
or, bequest, order in bankruptcy, insolvency,
replevin, or | 2404 |
|
execution sale, a motor vehicle is sold
to satisfy
storage or | 2405 |
|
repair charges, or repossession is had upon
default in
performance | 2406 |
|
of the terms of a security agreement as
provided in
Chapter 1309. | 2407 |
|
of the Revised Code
and the secured party has
complied with the | 2408 |
|
repossession requirements of section 1309.46 of
the Revised Code | 2409 |
|
and all of the requirements of section 1309.47 of
the Revised | 2410 |
Code, including the notice requirements,
thea clerk
of
thea | 2411 |
court of
common pleas
of the county in which the last
certificate | 2412 |
of title
to the motor vehicle was issued, upon the
surrender of | 2413 |
|
the prior
certificate of title or the manufacturer's
or
importer's | 2414 |
|
certificate, or, when that is not possible, upon
presentation of | 2415 |
|
satisfactory proof to the clerk of ownership and
rights of | 2416 |
|
possession to the motor vehicle, and upon payment of
the
fee | 2417 |
|
prescribed in section 4505.09 of the Revised Code and
presentation | 2418 |
|
of an application for certificate of title, may
issue
to the | 2419 |
|
applicant a certificate of title to the motor
vehicle.
Only
an | 2420 |
|
affidavit by the person or agent of the person
to whom
possession | 2421 |
|
of the motor vehicle has passed, setting forth
the
facts entitling | 2422 |
|
the person to the possession and
ownership,
together
with a copy | 2423 |
|
of the journal entry, court order, or
instrument upon
which the | 2424 |
|
claim of possession and ownership is
founded, is
satisfactory | 2425 |
|
proof of ownership and right of
possession. If the
applicant | 2426 |
|
cannot produce that proof of
ownership, the
applicant may apply | 2427 |
|
directly to the registrar of
motor vehicles and submit the | 2428 |
|
evidence the applicant has, and the
registrar, if
the registrar | 2429 |
finds the evidence
sufficient, then
may authorize
thea clerk to | 2430 |
|
issue a certificate
of title. If,
from
the records in the office | 2431 |
|
of the clerk
involved, there
appears to be any
lien on the motor | 2432 |
|
vehicle,
the certificate of
title shall contain
a statement of the | 2433 |
|
lien
unless the
application
is accompanied by
proper evidence of | 2434 |
|
its
extinction. | 2435 |
(B)
TheA clerk shall transfer a decedent's interest in one | 2436 |
|
or
two automobiles to the surviving spouse of the decedent,
as | 2437 |
|
provided in section 2106.18 of the Revised Code, upon receipt of | 2438 |
|
the title
or titles.
An affidavit executed by the
surviving | 2439 |
|
spouse shall be submitted to the clerk with
the title or titles. | 2440 |
|
The affidavit shall give the date of death of the
decedent, shall | 2441 |
|
state that
each
automobile for which the decedent's interest is to | 2442 |
|
be so transferred is not
disposed of by testamentary disposition, | 2443 |
|
and
shall provide an
approximate value for each automobile | 2444 |
|
selected to be transferred by the
surviving spouse. The affidavit | 2445 |
|
shall also contain a description for each
automobile for which the | 2446 |
|
decedent's interest is to be so
transferred. The transfer does | 2447 |
|
not affect any liens upon any
automobile for which the decedent's | 2448 |
|
interest is so transferred. | 2449 |
| Sec. 4505.102. (A) If a pawnbroker licensed under
Chapter
| 2457 |
|
4727. of the Revised Code makes a loan that is secured by a motor
| 2458 |
|
vehicle,
watercraft, or outboard motor and has taken possession | 2459 |
|
of
the
motor vehicle, watercraft, or outboard motor and the
| 2460 |
|
certificate
of title to the
motor vehicle, watercraft, or | 2461 |
|
outboard
motor, and the owner of
the motor vehicle, watercraft, | 2462 |
|
or outboard
motor fails to redeem or pay
interest on the loan | 2463 |
|
for which the
motor vehicle, watercraft, or outboard
motor was | 2464 |
|
pledged within
two months from the date of the loan or the
date | 2465 |
|
on which the last
interest payment is due, and the pawnbroker | 2466 |
|
notifies
the owner by
mail, with proof of mailing, as required | 2467 |
|
by division
(A) of
section 4727.11 of the Revised Code, of the | 2468 |
|
possible forfeiture of
the
motor
vehicle, watercraft, or | 2469 |
|
outboard motor, and the owner
fails to redeem
the motor vehicle, | 2470 |
|
watercraft, or outboard motor
within the thirty-day period
| 2471 |
|
required by that division to be
specified in the notice, the | 2472 |
|
pawnbroker shall proceed to obtain a
certificate
of title to the | 2473 |
|
motor vehicle, watercraft, or outboard
motor in the
pawnbroker's | 2474 |
|
name in the manner provided
in this
section. | 2475 |
| Upon presentation by the pawnbroker of a copy of the
| 2500 |
|
affidavit, a copy of
the pawn form, a copy of the proof of
| 2501 |
|
mailing, and the certificate of title to
the motor vehicle,
| 2502 |
watercraft, or outboard motor,
thea clerk of
thea court of
| 2503 |
common pleas
of the county in which the last certificate of title
| 2504 |
to the
motor
vehicle, watercraft, or outboard motor was issued | 2505 |
|
shall issue, if the
record
shows no lien or encumbrances exist, | 2506 |
|
a
certificate of
title, free and clear of all liens and
| 2507 |
|
encumbrances, to the pawnbroker. | 2508 |
| Sec. 4505.11. (A) Each owner of a motor vehicle and each
| 2512 |
|
person mentioned as owner in the last certificate of title, when
| 2513 |
|
the motor vehicle is dismantled, destroyed, or changed in such
| 2514 |
|
manner that it loses its character as a motor vehicle, or changed
| 2515 |
|
in such manner that it is not the motor vehicle described in the
| 2516 |
|
certificate of title, shall surrender the certificate of title
to
| 2517 |
that motor vehicle to
thea clerk of
thea court of common pleas | 2518 |
who
issued it, and
thereupon the clerk, with the consent of any
| 2519 |
holders of any liens
noted
thereonon the certificate of title, | 2520 |
| then shall enter a cancellation upon the clerk's records
and | 2521 |
|
shall
notify the registrar of motor vehicles of the cancellation. | 2522 |
(B)
WhereIf an Ohio certificate of title or salvage
| 2528 |
|
certificate of title to a motor vehicle is assigned to a salvage
| 2529 |
|
dealer, the dealer is not required to obtain an Ohio
certificate
| 2530 |
|
of title or a salvage certificate of title to the
motor vehicle | 2531 |
|
in
the dealer's own name if the dealer
dismantles or destroys | 2532 |
|
the
motor vehicle, indicates the number of
the dealer's motor | 2533 |
vehicle
salvage dealer's license
thereonon it, marks
"FOR
| 2534 |
|
DESTRUCTION" across
the face of the certificate of title or
| 2535 |
|
salvage certificate of
title, and surrenders the certificate of
| 2536 |
title or salvage
certificate of title to
thea clerk of
thea | 2537 |
|
court
of common pleas
as provided in division (A) of this | 2538 |
|
section. If
the salvage
dealer retains the motor vehicle for | 2539 |
|
resale, the dealer
shall make
application for a salvage | 2540 |
|
certificate of title to the motor
vehicle in the dealer's own | 2541 |
|
name as provided in division (C)(1) of
this section. | 2542 |
| (C)(1) When an insurance company declares it economically
| 2543 |
|
impractical to repair such a motor vehicle and has paid an agreed
| 2544 |
|
price for the purchase of the motor vehicle to any insured or
| 2545 |
|
claimant owner, the insurance company shall receive the
| 2546 |
|
certificate of title and the motor vehicle and proceed as follows.
| 2547 |
|
Within thirty days, the insurance company shall deliver the
| 2548 |
certificate of title to
thea clerk of
thea court of common pleas
| 2549 |
|
and shall make application for a salvage certificate of title.
| 2550 |
|
The clerk shall issue the salvage certificate of title on a form,
| 2551 |
|
prescribed by the registrar, that shall be
easily distinguishable
| 2552 |
|
from the original certificate of title and
shall bear the same
| 2553 |
|
number and information as the original
certificate of title.
| 2554 |
|
Except as provided in division
(C)(2) of this section, the | 2555 |
|
salvage
certificate of title shall be
assigned by the insurance | 2556 |
|
company to
a salvage dealer or any
other person for use as | 2557 |
|
evidence of
ownership upon the sale or
other disposition of the | 2558 |
|
motor vehicle,
and the salvage
certificate of title shall be | 2559 |
|
transferrable to any
other person. The clerk
shall charge a fee | 2560 |
|
of four
dollars for
the cost of processing each salvage | 2561 |
|
certificate of
title. | 2562 |
| (2) If an insurance company considers a motor vehicle as
| 2563 |
|
described in division (C)(1) of this section to be impossible to
| 2564 |
|
restore for highway operation, the insurance company may assign
| 2565 |
|
the certificate of title to the motor vehicle to a salvage dealer
| 2566 |
|
or scrap metal processing facility and send the assigned
| 2567 |
|
certificate of title to the clerk of the court of common pleas of
| 2568 |
|
the county in which the salvage dealer or scrap metal processing
| 2569 |
|
facility is located. The insurance company shall mark the face
| 2570 |
|
of
the certificate of title
"FOR DESTRUCTION" and shall deliver | 2571 |
|
a
photocopy of the certificate of title to the salvage dealer or
| 2572 |
|
scrap metal processing facility for its records. | 2573 |
| (3) If an insurance company declares it economically
| 2574 |
|
impractical to repair a motor vehicle, agrees to pay to the
| 2575 |
|
insured or claimant owner an amount in settlement of a claim
| 2576 |
|
against a policy of motor vehicle insurance covering the motor
| 2577 |
|
vehicle, and agrees to permit the insured or claimant owner to
| 2578 |
|
retain possession of the motor vehicle, the insurance company
| 2579 |
|
shall not pay the insured or claimant owner any amount in
| 2580 |
|
settlement of the insurance claim until the owner obtains a
| 2581 |
|
salvage certificate of title to the vehicle and furnishes a copy
| 2582 |
|
of the salvage certificate of title to the insurance company. | 2583 |
| (1) Mark the face of the certificate of title to the motor
| 2590 |
|
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
| 2591 |
to
thea clerk of
thea court of common pleas for cancellation as
| 2592 |
|
described in division (A) of this section. The self-insured
| 2593 |
|
organization, rental or leasing company, or secured creditor | 2594 |
thereuponthen shall deliver the motor vehicle, together with a
| 2595 |
|
photocopy of the certificate of title, to a salvage dealer or
| 2596 |
|
scrap metal processing facility and shall cause the motor vehicle
| 2597 |
|
to be dismantled, flattened, crushed, or destroyed. | 2598 |
| (2) Obtain a salvage certificate of title to the motor
| 2599 |
|
vehicle in the name of the self-insured organization, rental or
| 2600 |
|
leasing company, or secured creditor, as provided in division
| 2601 |
|
(C)(1) of this section, and then sell or otherwise dispose of the
| 2602 |
|
motor vehicle. If the motor vehicle is sold, the self-insured
| 2603 |
|
organization, rental or leasing company, or secured creditor
| 2604 |
|
shall
obtain a salvage certificate of title to the motor vehicle
| 2605 |
in the
name of the purchaser from
thea clerk of
thea court of
| 2606 |
common
pleas
of the county in which the purchaser resides. | 2607 |
| (E) If a motor vehicle titled with a salvage certificate
of
| 2608 |
|
title is restored for operation upon the highways, application
| 2609 |
shall be made to
thea clerk of
thea court of common pleas for a
| 2610 |
|
certificate of title. Upon inspection by the state highway
| 2611 |
|
patrol, which shall include establishing proof of ownership and
| 2612 |
|
an
inspection of the motor number and vehicle identification
| 2613 |
|
number
of the motor vehicle and of documentation or receipts for
| 2614 |
|
the
materials used in restoration by the owner of the motor
| 2615 |
|
vehicle
being inspected, which documentation or receipts shall be
| 2616 |
|
presented at the time of inspection, the clerk, upon surrender of
| 2617 |
|
the salvage certificate of title, shall issue a certificate of
| 2618 |
|
title for a fee prescribed by the registrar. The certificate of
| 2619 |
|
title shall be in the same form as the original certificate of
| 2620 |
|
title, shall bear the same number as the salvage certificate of
| 2621 |
|
title and the original certificate of title, and shall bear the
| 2622 |
|
words
"REBUILT SALVAGE" in black boldface letters on its face.
| 2623 |
|
Every subsequent certificate of title, memorandum certificate of
| 2624 |
|
title, or duplicate certificate of title issued for the motor
| 2625 |
|
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
| 2626 |
|
boldface letters on its
face. The exact location on the face of
| 2627 |
|
the certificate of title
of the words
"REBUILT SALVAGE" shall be
| 2628 |
|
determined by the
registrar, who shall develop an automated
| 2629 |
|
procedure within the
automated title processing system to comply
| 2630 |
|
with this division.
The clerk shall use reasonable care in
| 2631 |
|
performing the duties
imposed on the clerk by this division in
| 2632 |
|
issuing a
certificate of title
pursuant to this division, but | 2633 |
|
the
clerk is not liable for
any of the clerk's errors or | 2634 |
|
omissions or
those of the clerk's deputies, or the automated
| 2635 |
|
title processing
system in the performance of those duties. A | 2636 |
fee of
forty
dollars
in fiscal year 1998 and fifty dollars
in | 2637 |
fiscal year
1999 and
thereafter shall be assessed by the state | 2638 |
|
highway
patrol for each
inspection made pursuant to this | 2639 |
|
division and
shall be deposited
into the state highway safety | 2640 |
|
fund established
by section 4501.06
of the Revised Code. | 2641 |
| (H)(1) Except as otherwise provided in this
division, an
| 2650 |
|
owner of a manufactured or mobile home that will be
taxed as real
| 2651 |
|
property pursuant to division
(B) of section 4503.06 of the
| 2652 |
|
Revised
Code shall surrender the
certificate of title to the
| 2653 |
|
auditor of the county containing the taxing
district in which the
| 2654 |
|
home is located. An owner
whose home qualifies for real property
| 2655 |
|
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06 | 2656 |
|
of
the Revised
Code shall surrender the
certificate within | 2657 |
|
fifteen
days after the home meets the
conditions specified in | 2658 |
|
those
divisions. The
auditor shall deliver the
certificate of | 2659 |
|
title to
the
clerk of the court of common pleas who issued it. | 2660 |
| Sec. 4505.12. In the event of a lost or destroyed
| 2700 |
certificate of title, application shall be made to
thea clerk
of | 2701 |
thea court of common pleas
of the county where the
certificate | 2702 |
of
title was issued, by the owner of the motor vehicle, or the
| 2703 |
holder
of a lien
thereon,on it for a duplicate certificate of
| 2704 |
|
title
upon
a form and accompanied by the fee prescribed by | 2705 |
|
section
4505.09 of
the Revised Code. The application shall be | 2706 |
|
signed
and
sworn to by
the person making the application. | 2707 |
Thereupon theThe clerk
then shall
issue a duplicate
certificate | 2708 |
|
of title
to the person entitled to
receive it under
this | 2709 |
|
chapter.
The
duplicate copy shall be
plainly marked across its
| 2710 |
|
face with the
word
"duplicate," and any
subsequent purchaser of | 2711 |
|
the motor
vehicle in
the chain of title
originating through the | 2712 |
|
duplicate
certificate
of title acquires
only such rights in the | 2713 |
|
motor
vehicle as the
original holder of
the duplicate | 2714 |
|
certificate of
title
had. Any purchaser of the
motor vehicle, | 2715 |
|
at the time of
purchase, may require the seller to
indemnify the
| 2716 |
|
purchaser and
all subsequent
purchasers of the motor
vehicle | 2717 |
against any loss
whichthat the
purchaser or they may
suffer by
| 2718 |
|
reason of any
claim presented upon the
original
certificate. In
| 2719 |
|
the event of
the recovery of the
original
certificate of title | 2720 |
by
the owner,
the owner
immediately shall
surrender
the | 2721 |
original
certificate
of
titleit to the clerk for
cancellation. | 2722 |
| The holder of a certificate of title for a motor vehicle
| 2723 |
|
upon
which is noted an existing lien, encumbrance, or mortgage at | 2724 |
any
time may
make application to
thea clerk
who issued the
| 2725 |
certificate of title for a memorandum certificate, which
| 2726 |
|
application shall be made in the form prescribed by the registrar
| 2727 |
|
of motor vehicles and signed
and sworn to by the applicant. Upon
| 2728 |
|
receipt of
the
application, if it appears to be complete and in
| 2729 |
|
order, together with the fee
prescribed by section 4505.09 of the
| 2730 |
|
Revised Code, the clerk
shall issue to the applicant a memorandum
| 2731 |
certificate for the
motor vehicle.
In the eventIf the memorandum
| 2732 |
certificate is
lost
or destroyed, the holder
thereofof it may
| 2733 |
|
obtain another
memorandum
certificate upon the filing of an
| 2734 |
application with
thea clerk on a
form
andprescribed by the
| 2735 |
|
registrar, accompanied by the
fee prescribed in section 4505.09 | 2736 |
|
of
the Revised Code. The memorandum certificate shall be | 2737 |
|
effective
only for the purpose of obtaining a certificate of | 2738 |
|
registration,
is not assignable, and constitutes no evidence of | 2739 |
|
title or of
right to transfer or encumber the motor vehicle | 2740 |
described
thereinin it. | 2741 |
(2)
Sections 1309.01 to 1309.50Chapter 1309. of the Revised
| 2747 |
Code
applyapplies
to a security interest in a motor vehicle held
| 2748 |
as inventory, as
defined in division (D) of section 1309.07 of | 2749 |
the
Revised Code,
for sale by a dealer, as defined in division | 2750 |
(J) of
section
4517.01 of the Revised Code. The security | 2751 |
|
interest has
priority
over creditors of the dealer as provided | 2752 |
in
sections
1309.01 to
1309.50Chapter 1309. of the Revised Code | 2753 |
|
without
notation of the security
interest on a certificate of | 2754 |
|
title,without entry of a notation of
the security interest into | 2755 |
|
the
automated title processing system if a physical certificate | 2756 |
|
of
title for
the motor vehicle has not been issued,
or without | 2757 |
|
the
retention of a
manufacturer's or importer's certificate. | 2758 |
| (B) Subject to division (A) of this section, any security
| 2759 |
|
agreement covering a security interest in a motor vehicle, if a
| 2760 |
notation of the agreement has been made by
thea clerk of
thea | 2761 |
|
court of common pleas on the face of the certificate of
title
or
| 2762 |
|
the clerk has entered a notation of the agreement into the
| 2763 |
|
automated title processing system and a physical certificate of
| 2764 |
|
title
for the motor vehicle has not been issued, is valid
as
| 2765 |
|
against the creditors of the debtor, whether armed with
process | 2766 |
|
or
not, and against subsequent purchasers, secured
parties, and | 2767 |
|
other
lienholders or claimants. All security
interests, liens,
| 2768 |
mortgages, and encumbrances
noted uponentered into the automated
| 2769 |
|
title processing system in relation to
a particular certificate | 2770 |
|
of
title, regardless of whether
a
physical
certificate
of
| 2771 |
|
title
is issued, take priority according to the
order of time
in
| 2772 |
which they are
noted onentered into the
certificateautomated
| 2773 |
|
title processing system by the clerk.
Exposure for sale of any
| 2774 |
|
motor vehicle by its owner, with the
knowledge or with the
| 2775 |
|
knowledge and consent of the holder of any
security interest,
| 2776 |
|
lien, mortgage, or encumbrance on it, does not
render that
| 2777 |
|
security interest, lien, mortgage, or encumbrance
ineffective as
| 2778 |
|
against the creditors of that owner, or against
holders of
| 2779 |
|
subsequent security interests, liens, mortgages, or
encumbrances
| 2780 |
|
upon that motor vehicle. | 2781 |
The secured party, upon presentation of
theevidence of a | 2782 |
security
agreementinterest to
thea clerk of
the county in which
| 2783 |
the
certificate of
title was issueda court of common pleas,
| 2784 |
|
together with the
certificate of title
if a physical certificate
| 2785 |
|
of title for the
motor
vehicle exists, and the
fee prescribed | 2786 |
|
by
section 4505.09 of the Revised Code, may have a
notation of | 2787 |
the
security interest made.
TheUnless the secured party | 2788 |
|
specifically
requests the clerk not to
issue a physical | 2789 |
|
certificate of title
and instead to issue an electronic
| 2790 |
|
certificate of title, the
clerk
shall issue,
over the clerk's | 2791 |
|
signature and seal of office, a new
original certificate
of | 2792 |
|
title from the automated title processing
records that
indicates | 2793 |
|
the security interest and the date of the
security
interest. | 2794 |
When theIf a security interest is
fully discharged
as a | 2795 |
|
result of its holder's receipt of good funds in the correct amount | 2796 |
|
and if the holder
holds a physical certificate of title,
the | 2797 |
holder
of it shall note
itsthe discharge
of the security interest | 2798 |
|
on
the face of the certificate of title
over the holder's | 2799 |
|
signature,
or over the holder's
signature on a form prescribed | 2800 |
|
by the
registrar of motor vehicles when there
is no space for | 2801 |
the
discharge on the face of the certificate of title.
Prior | 2802 |
| Except
as
otherwise provided in this section, prior to
| 2803 |
|
delivering the
certificate
of title to the
owner, the holder or
| 2804 |
the holder's
agent shall
present itconvey the
certificate of | 2805 |
|
title or a
separate sworn statement of the discharge of the
| 2806 |
security interest
to
thea clerk
for
the purpose
of having the | 2807 |
clerk. The conveyance shall occur not more than seven business | 2808 |
|
days after the date good funds in
the correct amount to fully | 2809 |
|
discharge the security interest have been credited to
an account | 2810 |
|
of the holder, provided the holder has been provided accurate | 2811 |
|
information concerning the motor vehicle. Conveyance of the | 2812 |
|
certificate of title or separate sworn statement of the discharge | 2813 |
|
within the required seven business days may be indicated by | 2814 |
|
postmark or receipt by a clerk within that period. If the
| 2815 |
|
discharge of
the security
interest appears to
be genuine, the | 2816 |
|
clerk shall note the cancellation
of the
security interest
on | 2817 |
|
the face of the certificate of title,
if it
was so conveyed, and | 2818 |
|
note it in the
automated title
processing system and
upon the | 2819 |
records of
the clerk.
The clerk, if
that cancellation
appears | 2820 |
to be genuine,
shall note the
cancellation on the
certificate | 2821 |
of title and also
on the clerk's
records. | 2822 |
| (4) A secured party is liable to a dealer for a
late fee of | 2856 |
|
ten dollars per day for each certificate of title, or
affidavit | 2857 |
|
and required payment, conveyed to the
dealer more than seven | 2858 |
|
business days but
less than twenty-one days after the date | 2859 |
|
specified in division
(C)(3)(a) of this section and, from then on, | 2860 |
|
twenty-five dollars
per day
until the certificate of title, or | 2861 |
|
affidavit and required
payment,
are conveyed to the dealer. | 2862 |
(D) Notwithstanding any provision of
sections 1310.01 to
| 2863 |
1310.78Chapter 1310. of the Revised Code or of any other law, the
| 2864 |
|
lease of a
motor vehicle or trailer does not constitute a
| 2865 |
|
conditional sale
or create a security interest merely because the
| 2866 |
|
lease agreement
permits or requires the lessor, at the end of the
| 2867 |
|
lease term, to
adjust the rental price to either a higher or a
| 2868 |
|
lower amount by
reference to the amount the lessor realizes upon
| 2869 |
|
the sale or
other disposition of the motor vehicle or trailer. | 2870 |
| (3) "Good funds" includes cash, or a wire transfer, | 2896 |
|
cashier's check, certified check, draft, money order, or teller's | 2897 |
|
check issued by an insured financial institution, or a dealer's | 2898 |
|
check for which the secured party has received funds that are | 2899 |
|
available for withdrawal pursuant to "Availability of Funds and | 2900 |
|
Collection of Checks (Regulation CC)," 12 C.F.R. 229. | 2901 |
(A)(1) Operate in this state a motor vehicle for which a
| 2919 |
certificate of title is required without having
suchthat | 2920 |
certificate
in accordance with
sections 4505.01 to 4505.21 of the
| 2921 |
Revised
Code,this chapter or
upon which the,if a physical | 2922 |
certificate of
title has
not been
canceledissued for a motor
| 2923 |
|
vehicle, operate the motor vehicle in this
state knowing that the
| 2924 |
|
ownership information relating to the vehicle has not
been
| 2925 |
|
entered
into the automated title processing system by a clerk of | 2926 |
|
a
court
of common pleas; | 2927 |
(F)(6) Except as otherwise provided in
this chapter
and | 2947 |
|
Chapter 4517. of the
Revised Code, sell at wholesale a motor
| 2948 |
|
vehicle the ownership of
which is not evidenced by an Ohio
| 2949 |
|
certificate of title, or the
current certificate of title issued
| 2950 |
|
for the motor vehicle, or the
manufacturer's certificate of
| 2951 |
|
origin, and all title assignments
that evidence the seller's
| 2952 |
|
ownership of the motor vehicle, and an
odometer disclosure
| 2953 |
|
statement that complies with section 4505.06
of the Revised Code
| 2954 |
|
and subchapter IV of the
"Motor Vehicle
Information and Cost
| 2955 |
|
Savings Act," 86 Stat. 961 (1972), 15 U.S.C.
1981; | 2956 |
Sec. 4505.181. (A)
Notwithstanding divisions
(B),
| 2964 |
(E)(A)(2), (5), and
(F)(6)
of section 4505.18 of the Revised
| 2965 |
|
Code,
a motor vehicle dealer or person acting
on behalf of a | 2966 |
|
motor
vehicle dealer may display, offer for sale, or sell a
used
| 2967 |
|
motor
vehicle without having first obtained a certificate of | 2968 |
|
title for
the
vehicle in the name of the dealer as required by | 2969 |
|
this chapter
if the dealer or
person acting on behalf of the | 2970 |
dealer complies
with divisions
(A)(1)(a) and
(A)(2) of this | 2971 |
section, or divisions
(A)(1)(b) and
(A)(2) of this section, as | 2972 |
|
follows: | 2973 |
| (1)(a) If the dealer has been licensed as a motor
vehicle
| 2974 |
|
dealer for less than the three-year period prior to the date on
| 2975 |
|
which
the dealer or person acting on behalf of the dealer
| 2976 |
|
displays, offers for sale,
or sells the used motor vehicle for
| 2977 |
|
which the dealer has not obtained a
certificate of title in the
| 2978 |
|
name of the dealer, or if the attorney general has
paid a retail
| 2979 |
|
purchaser of the dealer under division
(C) of this section within
| 2980 |
|
three years prior
to such date, the dealer posts with the | 2981 |
|
attorney
general's office in favor of
this state a bond of a | 2982 |
|
surety company
authorized to do business in this state,
in an | 2983 |
|
amount of not less
than twenty-five thousand dollars, to be used | 2984 |
|
solely
for the
purpose of compensating retail purchasers of | 2985 |
|
motor vehicles who
suffer
damages due to failure of the dealer | 2986 |
|
or person acting on
behalf of the dealer
to comply with this | 2987 |
|
section. The dealer's
surety shall notify the registrar
and | 2988 |
|
attorney general when a bond
is canceled. Such notification of
| 2989 |
|
cancellation shall include the
effective date of and reason for
| 2990 |
|
cancellation. | 2991 |
| (b) If the dealer has been licensed as a motor
vehicle
| 2992 |
|
dealer for longer than the three-year period prior to the date on
| 2993 |
|
which
the dealer or person acting on behalf of the dealer
| 2994 |
|
displays, offers for sale,
or sells the used motor vehicle for
| 2995 |
|
which the dealer has not obtained a
certificate of title in the
| 2996 |
|
name of the dealer and the attorney general has
not
paid a | 2997 |
|
retail
purchaser of the dealer under division
(C) of this | 2998 |
|
section within
three years prior
to such date, the dealer pays | 2999 |
|
one hundred fifty
dollars to the attorney
general
for deposit | 3000 |
|
into the title defect
recision fund created by section 1345.52 of
| 3001 |
|
the Revised
Code. | 3002 |
(2)
PossessesThe dealer or person acting on behalf of the
| 3003 |
|
dealer possesses a bill of sale for each motor vehicle proposed to
| 3004 |
|
be
displayed, offered for sale, or sold under this section and a
| 3005 |
|
properly
executed
power of attorney or other related documents
| 3006 |
|
from the prior owner of the motor
vehicle giving the dealer or
| 3007 |
|
person acting on behalf of the dealer authority
to
have a
| 3008 |
|
certificate of title to the motor vehicle issued in the name of
| 3009 |
|
the
dealer, and retains copies of all such documents in the
| 3010 |
|
dealer's or person's
files until such time as
a certificate of
| 3011 |
|
title
in the dealer's name is issued
for each such motor vehicle
| 3012 |
|
by the
clerk of the court of common pleas. Such
documents shall
| 3013 |
|
be
available for inspection by the bureau of motor vehicles
| 3014 |
|
during
normal business hours. | 3015 |
| (D) Upon application by a retail
purchaser for payment from
| 3049 |
|
the fund, if the attorney general is satisfied that
one or more | 3050 |
|
of
the circumstances contained in divisions
(B)(1) to (3) of | 3051 |
|
this
section exist, the
attorney general shall cause the full | 3052 |
|
purchase
price of the vehicle to be paid
to the retail purchaser | 3053 |
|
from the
fund after delivery of the vehicle to the
attorney | 3054 |
|
general. The
attorney general may sell or otherwise dispose of | 3055 |
|
any
vehicle that
is delivered to the attorney general under this | 3056 |
|
section, and may
collect the proceeds of any bond posted under | 3057 |
|
division
(A) of this
section by a dealer who has failed
to | 3058 |
|
comply with division (C) of
this section.
The proceeds from all | 3059 |
|
such sales and collections
shall be deposited into the
title | 3060 |
|
defect recision fund for use as
specified in section 1345.52 of | 3061 |
|
the
Revised
Code. | 3062 |
| (G) All motor vehicle dealers licensed
under Chapter 4517.
| 3072 |
|
of the
Revised Code
shall pay to the attorney general for | 3073 |
|
deposit
into the title defect recision
fund the amount described | 3074 |
|
in
division
(A)(1)(b) of this section
beginning with the | 3075 |
|
calendar
year during which this section becomes effective
and | 3076 |
|
each year
subsequent to that year until the balance in the fund | 3077 |
|
is not
less
than three hundred thousand dollars. All such | 3078 |
|
dealers also shall
pay to the
attorney general for deposit into | 3079 |
|
the fund that amount
during any year and
subsequent years during | 3080 |
|
which the balance in
the fund is less than three
hundred | 3081 |
|
thousand dollars until the
balance in the fund reaches three | 3082 |
|
hundred
thousand dollars. | 3083 |
| (A) Procure or attempt to procure a certificate of title
or
| 3089 |
|
a salvage certificate of title to a motor vehicle, or pass or
| 3090 |
|
attempt to pass a certificate of title, a salvage certificate of
| 3091 |
title, or any assignment
thereofof a certificate of title or
| 3092 |
|
salvage certificate of title to a motor vehicle,
or in any other
| 3093 |
|
manner gain or attempt to gain ownership to a motor
vehicle, | 3094 |
knowing or
having reason to believe that
suchthe motor vehicle | 3095 |
|
or
any
part of
the motor vehicle has been acquired through | 3096 |
|
commission
of
a theft
offense as defined in section 2913.01 of | 3097 |
|
the Revised
Code; | 3098 |
| (C) With intent to defraud, possess, sell, offer to sell,
| 3105 |
|
counterfeit, or supply a blank, forged, fictitious, counterfeit,
| 3106 |
|
stolen, or fraudulently or unlawfully obtained certificate of
| 3107 |
|
title, registration, bill of sale, or other instruments of
| 3108 |
|
ownership of a motor vehicle, or conspire to do any of the
| 3109 |
|
foregoing; | 3110 |
Sec. 4505.20. (A) Notwithstanding division
(B)(A)(2) of
| 3121 |
|
section
4505.18
of the Revised Code or any other provision of | 3122 |
Chapter 4505.this
chapter or
Chapter 4517. of the
Revised Code, | 3123 |
|
a
secured party may
designate any dealer to
display, display | 3124 |
|
for
sale, or sell a
manufactured or mobile home if the
home has | 3125 |
|
come
into the
possession of that secured
party by a default in | 3126 |
|
the
terms of a
security instrument and the
certificate of title
| 3127 |
|
remains in the
name and possession of the secured
party. | 3128 |
(B) Notwithstanding division
(B)(A)(2) of section 4505.18
of
| 3129 |
the Revised Code or
any
other provision of
Chapter 4505.this
| 3130 |
|
chapter or
Chapter 4517.
of the Revised Code,
the owner of a
| 3131 |
|
recreational vehicle or a
secured party of a
recreational | 3132 |
|
vehicle
who has come into
possession of the vehicle
by a | 3133 |
|
default in the
terms of a security
instrument, may designate
| 3134 |
|
any dealer to
display, display for sale,
or sell the vehicle
| 3135 |
|
while the
certificate of title remains in the
possession of the
| 3136 |
|
owner or
secured party. No dealer may display
or offer for sale
| 3137 |
|
more than
five recreational vehicles at any time
under this
| 3138 |
|
division. No
dealer may display or offer for sale a
| 3139 |
|
recreational
vehicle under
this division unless the dealer
| 3140 |
|
maintains insurance
or the bond of
a surety company authorized | 3141 |
|
to
transact business
within this state
in an amount sufficient | 3142 |
|
to
satisfy the fair
market value of the
vehicle. | 3143 |
| (D) The secured party or owner shall provide the dealer
| 3153 |
|
with
written authorization to display, display for
sale, or sell | 3154 |
|
the
manufactured home, mobile home, or
recreational vehicle.
The
| 3155 |
|
dealer shall show and explain the written authorization to
any
| 3156 |
|
prospective purchaser. The written authorization shall
contain
| 3157 |
|
the vehicle identification number, make, model, year of
| 3158 |
|
manufacture, and
physical description of the manufactured home,
| 3159 |
|
mobile
home, or recreational
vehicle that is provided to the
| 3160 |
|
dealer. | 3161 |
| (B)
"All-purpose vehicle" means any self-propelled vehicle
| 3175 |
|
designed primarily for cross-country travel on land and water, or
| 3176 |
|
on more than one type of terrain, and steered by wheels or
| 3177 |
|
caterpillar treads, or any combination thereof, including
| 3178 |
|
vehicles
that operate on a cushion of air, vehicles commonly
| 3179 |
|
known as
all-terrain vehicles, all-season vehicles, mini-bikes,
| 3180 |
|
and trail
bikes, but excluding any self-propelled vehicle not
| 3181 |
|
principally
used for purposes of personal transportation, any
| 3182 |
|
vehicle
principally used in playing golf, any motor vehicle or
| 3183 |
|
aircraft
required to be registered under Chapter 4503. or 4561.
| 3184 |
|
of the
Revised Code, and any vehicle excepted from definition as
| 3185 |
|
a motor
vehicle by division (B) of section 4501.01 of the Revised
| 3186 |
|
Code. | 3187 |
| (B) On and after
July
1, 1999, no
certificate of | 3241 |
registration or renewal of
such a
certificate
of registration | 3242 |
|
shall be issued for
an off-highway motorcycle or
all-purpose | 3243 |
|
vehicle required to be
registered under section
4519.02 of the | 3244 |
|
Revised Code, and no
certificate of
registration
issued under this | 3245 |
|
chapter for an
off-highway
motorcycle or
all-purpose vehicle that | 3246 |
|
is sold or
otherwise
transferred shall be
transferred to the new | 3247 |
|
owner of the
off-highway motorcycle or
all-purpose vehicle as | 3248 |
|
permitted by
division (B) of section
4519.05
of the Revised
Code, | 3249 |
|
unless a
certificate of
title has
been issued under this chapter | 3250 |
|
for the
motorcycle or
vehicle, and
the owner or new owner, as the | 3251 |
case may
be,
presents
thea physical
certificate of title or
a | 3252 |
|
memorandum certificate
of
title for
inspection at the time the | 3253 |
|
owner or new owner first
submits a
registration application, | 3254 |
|
registration renewal
application, or
registration transfer | 3255 |
|
application for the
motorcycle or
vehicle on
or after
July
1, | 3256 |
|
1999, if a physical certificate of title or
memorandum certificate | 3257 |
|
has been issued by a clerk of a court of
common pleas. If, under | 3258 |
|
sections 4519.512 and 4519.58 of the
Revised Code, a clerk instead | 3259 |
|
has issued an electronic certificate
of title for the applicant's | 3260 |
|
off-highway motorcycle or all-purpose
vehicle, that certificate | 3261 |
|
may be presented for inspection at the
time of first registration | 3262 |
|
in a manner prescribed by rules adopted
by the registrar. | 3263 |
| (C) When the owner of an
off-highway motorcycle or | 3264 |
|
all-purpose vehicle first registers it
in the owner's name, and a | 3265 |
|
certificate of title has been issued
for the motorcycle or | 3266 |
|
vehicle, the owner shall present for
inspection a
physical | 3267 |
|
certificate of
title or memorandum certificate of
title showing | 3268 |
|
title to the
off-highway motorcycle or
all-purpose vehicle in the | 3269 |
|
name of the
owner
if a physical certificate of title or memorandum | 3270 |
|
certificate has been issued by a clerk of a court of common pleas. | 3271 |
|
If, under sections 4519.512 and 4519.58 of the Revised Code, a | 3272 |
|
clerk instead has issued an electronic certificate of title for | 3273 |
|
the applicant's off-highway motorcycle or all-purpose vehicle, | 3274 |
|
that certificate may be presented for inspection at the time of | 3275 |
|
first registration in a manner prescribed by rules adopted by the | 3276 |
registrar. If, when the
owner of such
aan off-highway motorcycle | 3277 |
|
or
all-purpose vehicle first
makes application to
register it in | 3278 |
the owner's name, the
application is not in
proper form or
if the | 3279 |
|
certificate of title
or memorandum
certificate of title does not | 3280 |
|
accompany the
registration
or, in the case of an electronic | 3281 |
|
certificate of title, is not presented in a manner prescribed by | 3282 |
|
the registrar, the
registration shall be refused, and neither a | 3283 |
|
certificate of
registration nor a registration sticker shall be | 3284 |
|
issued. When a
certificate of registration and registration | 3285 |
|
sticker are issued
upon the first registration of an off-highway | 3286 |
|
motorcycle or
all-purpose vehicle by or on behalf of the owner, | 3287 |
|
the official
issuing them shall indicate the issuance with a stamp | 3288 |
|
on the
certificate of title or memorandum certificate of title
or, | 3289 |
|
in the case of an electronic certificate of title, an electronic | 3290 |
|
stamp or other notation as specified in rules adopted by the | 3291 |
|
registrar. | 3292 |
| (D) Each deputy registrar shall be allowed a fee of
two | 3293 |
|
dollars
and
seventy-five cents
commencing on July 1,
2001, three | 3294 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 3295 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 3296 |
|
each application or renewal application
received by the
deputy | 3297 |
|
registrar, which shall be for the
purpose of compensating
the | 3298 |
|
deputy registrar for services, and office and
rental expense,
as | 3299 |
|
may be necessary for the proper discharge of
the
deputy | 3300 |
|
registrar's
duties in the receiving of applications and the | 3301 |
|
issuing of
certificates of registration. | 3302 |
If it appears that
aany certificate of title has been
| 3321 |
|
issued
improperly,
the
registrar shall cancel the certificate. | 3322 |
|
Upon the
cancellation of any
certificate of title, the registrar | 3323 |
|
shall
notify the clerk who issued
it, and
the clerk shall enter | 3324 |
|
the
cancellation in the clerk's records. The registrar
also | 3325 |
|
shall
notify the person to whom the certificate of title was | 3326 |
issued, as
well as any lienholders appearing
thereonon it, of | 3327 |
|
the
cancellation and,if it is a physical certificate of
title, | 3328 |
|
shall
demand
surrender of the certificate of title, but the | 3329 |
|
cancellation
shall not affect
the validity of any lien noted | 3330 |
thereonon it.
The
holder of
thea physical certificate of
| 3331 |
title
shall return it
immediately to the registrar.
The | 3332 |
| Sec. 4519.512. The owner of an off-highway motorcycle or
| 3349 |
|
all-purpose
vehicle shall apply for a
certificate of title for | 3350 |
|
the
motorcycle or vehicle when required by this
chapter, but, | 3351 |
|
except
as otherwise specifically required in this chapter, the
| 3352 |
|
owner may
elect whether or not to have the clerk of the court of
| 3353 |
|
common
pleas to whom the certificate of title application is
| 3354 |
|
submitted
issue a physical certificate of title for the | 3355 |
|
motorcycle or
vehicle, as provided in section 4519.58 of the | 3356 |
|
Revised Code. | 3357 |
| Except as otherwise specifically provided in this chapter,
| 3358 |
|
any provision of
this chapter relating to the cancellation,
| 3359 |
|
issuance, or surrender of a
certificate of title, including, but
| 3360 |
|
not limited to, provisions
that contain a phrase such as
"when a
| 3361 |
|
certificate of title is
issued,"
"the clerk shall issue a
| 3362 |
|
certificate of title," or
"the
person shall obtain a certificate
| 3363 |
|
of title to the off-highway motorcycle or
all-purpose vehicle,"
| 3364 |
|
or
another phrase of similar import, shall include those
| 3365 |
|
circumstances when a clerk enters certificate of title information
| 3366 |
|
into the automated title processing system, but does not take any
| 3367 |
|
further action relating to a physical certificate of title for the
| 3368 |
|
motorcycle or vehicle. | 3369 |
Sec. 4519.52. (A) Except as
provided in
sectionsections
| 3370 |
4519.521 and 4519.54 of the
Revised
Code,
on and after the
| 3371 |
effective date of this section, no
dealer engaged in the
| 3372 |
|
business
of selling new or used off-highway motorcycles or
| 3373 |
|
all-purpose
vehicles shall sell or otherwise transfer a new or
| 3374 |
|
used
off-highway motorcycle or all-purpose vehicle without
| 3375 |
|
obtaining a
certificate of title to the new or used motorcycle
| 3376 |
|
or vehicle, in
accordance with this chapter, and delivering
the | 3377 |
|
certificate of
title or
memorandum certificate of title to the | 3378 |
|
purchaser or
transferee. | 3379 |
| (2) If a person who is not a dealer engaged in the
business
| 3387 |
|
of selling new or used off-highway motorcycles or
all-purpose
| 3388 |
|
vehicles and who owns an off-highway motorcycle or
all-purpose
| 3389 |
|
vehicle obtains a certificate of title to the
motorcycle or
| 3390 |
|
vehicle, that person,except as otherwise provided in
section
| 3391 |
|
4519.521 of the Revised Code, shall not sell or otherwise
| 3392 |
|
transfer
the motorcycle or vehicle without delivering to the
| 3393 |
purchaser or
transferee a certificate of title with
suchan | 3394 |
assignment
thereonon it as is necessary to show title in the
| 3395 |
|
purchaser or
transferee, and no
person shall subsequently | 3396 |
|
purchase or otherwise
acquire the motorcycle or
vehicle without | 3397 |
|
obtaining a certificate
of title to the motorcycle or vehicle
in | 3398 |
|
the person's own name. | 3399 |
| Sec. 4519.521. (A)(1) If a person who is not an electronic
| 3400 |
|
dealer owns an off-highway motorcycle or all-purpose vehicle for
| 3401 |
|
which a
physical certificate of title
has not been issued by a
| 3402 |
|
clerk of a court of
common pleas and the person sells the
| 3403 |
|
motorcycle or vehicle to an
electronic dealer, the person is not
| 3404 |
|
required to
obtain a physical certificate of title to the
| 3405 |
|
motorcycle or vehicle in
order to transfer ownership to the
| 3406 |
|
dealer. The person shall
present the dealer, in a manner | 3407 |
|
approved
by the registrar of motor vehicles,
with sufficient | 3408 |
|
proof of the
person's identity
and complete and sign a form | 3409 |
|
prescribed by the
registrar
attesting to the person's identity | 3410 |
|
and assigning the
motorcycle or vehicle to the dealer. The | 3411 |
|
electronic dealer
then
shall inform a clerk of a court of common | 3412 |
|
pleas via electronic
means of
the sale of
the motorcycle or | 3413 |
|
vehicle and assignment of
ownership of the motorcycle or
vehicle | 3414 |
|
to
the dealer. The clerk
shall enter the information relating | 3415 |
|
to the
assignment into the
automated title processing system, | 3416 |
|
and
ownership of the motorcycle
or vehicle passes to the dealer | 3417 |
|
when the clerk
enters this
information into the
system. The | 3418 |
|
dealer is not required to obtain
a certificate of
title to the | 3419 |
|
motorcycle or vehicle in the
dealer's name. | 3420 |
| Sec. 4519.53. No person who acquires an off-highway
| 3434 |
motorcycle
or all-purpose vehicle from the owner
thereofof it, | 3435 |
ifwhether the owner is a
manufacturer, importer,
or dealer,
or | 3436 |
|
any
other person,
acquires any right, title,
claim, or interest | 3437 |
|
in or
to the off-highway motorcycle or
all-purpose vehicle until | 3438 |
|
the
person has been issued a certificate of title to
the | 3439 |
|
off-highway
motorcycle or all-purpose vehicle, or
there is | 3440 |
|
delivered
to the
person a
manufacturer's or importer's | 3441 |
|
certificate for it,or a
certificate of title to it is assigned | 3442 |
|
as authorized by section
4519.521
of the Revised Code. No | 3443 |
waiver or estoppel
operates in
favor of
suchthat person against | 3444 |
a person having possession of
suchthe certificate of title
to, or | 3445 |
|
manufacturer's or
importer's
certificate for, the
off-highway | 3446 |
|
motorcycle or all-purpose
vehicle, for a valuable
consideration. | 3447 |
| Sec. 4519.55. Application for a certificate of title for an
| 3459 |
|
off-highway motorcycle or all-purpose vehicle shall be made upon a
| 3460 |
|
form
prescribed by the registrar of motor vehicles
and shall be
| 3461 |
|
sworn to before a
notary public or other officer empowered to
| 3462 |
|
administer oaths. The application
shall be filed with the clerk
| 3463 |
of
theany court of common pleas
of the county in
which the
| 3464 |
applicant resides if the applicant is a resident of this state or,
| 3465 |
if not a resident, in the county in which the transaction is
| 3466 |
consummated.
The.An application for a certificate of title may
| 3467 |
|
be filed
electronically by any electronic means approved by the
| 3468 |
|
registrar in any county
with the clerk of the court of common
| 3469 |
|
pleas of that county.
| 3470 |
| If an application for a
certificate of title is
filed
| 3471 |
|
electronically by an electronic dealer on behalf of the
purchaser
| 3472 |
|
of an off-highway motorcycle or all-purpose vehicle, the clerk
| 3473 |
|
shall retain the completed electronic record to which the dealer
| 3474 |
|
converted the certificate of title application and other required
| 3475 |
|
documents. The electronic dealer shall forward the actual | 3476 |
|
application and all other documents relating to the sale of the | 3477 |
|
off-highway motorcycle or all-purpose vehicle to any clerk within | 3478 |
|
thirty days after the certificate of title is issued. The | 3479 |
|
registrar, after consultation with the attorney general, shall | 3480 |
|
adopt rules that govern the location at which, and the manner in | 3481 |
|
which, are stored the actual application and all other documents | 3482 |
|
relating to the sale of an off-highway motorcycle or all-purpose | 3483 |
|
vehicle when an electronic dealer files the application for a | 3484 |
|
certificate of title electronically on behalf of the purchaser. | 3485 |
| The application shall be accompanied by the fee prescribed in
| 3486 |
section
4519.59
of the Revised Code
and, if.The fee shall be
| 3487 |
|
retained by
the clerk who issues the certificate of title and
| 3488 |
|
shall be distributed in
accordance with that section.
If a | 3489 |
|
clerk
of a court of common pleas, other than the clerk of the | 3490 |
|
court of
common pleas of an applicant's county of residence, | 3491 |
|
issues a
certificate of
title to the applicant, the clerk shall | 3492 |
|
transmit
data related to the
transaction to the
automated
| 3493 |
|
title processing system. | 3494 |
| If a certificate of title
previously has been
issued for | 3495 |
thean off-highway motorcycle or all-purpose
vehicle, the | 3496 |
|
application
also shall be accompanied by the certificate of title
| 3497 |
|
duly
assigned, unless otherwise provided in this chapter. If a
| 3498 |
|
certificate of
title previously has not been issued for the
| 3499 |
|
off-highway
motorcycle or
all-purpose vehicle, the application,
| 3500 |
|
unless otherwise provided in this
chapter,
shall be accompanied | 3501 |
|
by
a manufacturer's or importer's certificate; by a
sworn | 3502 |
|
statement
of ownership;
or by a certificate
of title, bill of | 3503 |
|
sale, or other
evidence of ownership required by law of
another | 3504 |
|
state from which
the off-highway motorcycle or
all-purpose
| 3505 |
|
vehicle was brought into
this state. The registrar, in | 3506 |
|
accordance with
Chapter 119. of the
Revised Code, shall | 3507 |
|
prescribe
the types of additional
documentation sufficient to | 3508 |
|
establish proof of ownership,
including, but not
limited to, | 3509 |
|
receipts from the purchase of parts
or components, photographs,
| 3510 |
and affidavits of other persons.
For | 3511 |
| In the case of the sale of an off-highway motorcycle or
| 3518 |
|
all-purpose vehicle by a dealer to a general purchaser or user,
| 3519 |
|
the
certificate
of title shall be obtained in the name of the
| 3520 |
|
purchaser by the dealer upon
application signed by the purchaser.
| 3521 |
|
In all other cases, the
certificate shall
be obtained by the
| 3522 |
|
purchaser. In all cases of transfer of an
off-highway motorcycle
| 3523 |
|
or all-purpose vehicle, the application for
certificate
of title
| 3524 |
|
shall be filed within thirty days after the later of the date of
| 3525 |
|
purchase
or assignment of ownership of the off-highway motorcycle
| 3526 |
|
or
all-purpose vehicle. If the application for certificate of
| 3527 |
|
title is not filed
within thirty days after the later of the date
| 3528 |
|
of purchase or assignment of
ownership of the off-highway
| 3529 |
|
motorcycle or all-purpose vehicle,
the clerk shall charge a late
| 3530 |
|
filing fee of five dollars in addition to the
fee
prescribed by
| 3531 |
|
section 4519.59 of the Revised
Code. The clerk shall retain the
| 3532 |
|
entire
amount of each late filing fee. | 3533 |
| Payment of the tax shall be made in accordance with division
| 3547 |
|
(E)
of section 4505.06 of the Revised Code and any rules issued
| 3548 |
|
by
the tax
commissioner. When a dealer submits payment of the | 3549 |
|
tax to
the clerk,
the dealer shall retain any discount to which | 3550 |
|
the
dealer is
entitled under section 5739.12 of the
Revised
| 3551 |
|
Code. The
clerk shall issue a receipt in the form prescribed by
| 3552 |
|
the
tax
commissioner to any applicant who tenders payment of the | 3553 |
|
tax with
the
application for a certificate of title. If the | 3554 |
|
application
for a certificate
of
title is for an off-highway | 3555 |
motorcycle or
all-purpose vehicle
purchased prior to
the | 3556 |
effective date of this
sectionJuly1, 1999, the clerk shall | 3557 |
|
accept
the application
without payment of the taxes levied by or | 3558 |
|
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or | 3559 |
|
presentation of either of
the items listed in division
(A) or | 3560 |
|
(B) of
this section. | 3561 |
| A clerk, however, may retain from the taxes paid to the | 3569 |
|
clerk an amount equal to the poundage fees associated with | 3570 |
|
certificates of title issued by other clerks of courts of common | 3571 |
|
pleas to applicants who reside in the first clerk's county. The | 3572 |
|
registrar, in consultation with the tax commissioner and the | 3573 |
|
clerks of the courts of common pleas, shall develop a report from | 3574 |
|
the automated title processing system that informs each clerk of | 3575 |
|
the amount of the poundage fees that the clerk is permitted to | 3576 |
|
retain from those taxes because of certificates of title issued by | 3577 |
|
the clerks of other counties to applicants who reside in the first | 3578 |
|
clerk's county. | 3579 |
| In addition to the
information required by section 4519.57 | 3588 |
|
of
the
Revised Code,
each certificate of title shall contain in | 3589 |
|
bold
lettering the following
notification and statements:
| 3590 |
|
"WARNING TO
TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): You
| 3591 |
|
are required by
law
to state the true selling
price. A false | 3592 |
|
statement is in
violation of section 2921.13 of the Revised
Code | 3593 |
|
and is punishable
by six months
imprisonment or a fine of up to | 3594 |
|
one thousand
dollars, or both. All transfers
are audited by the | 3595 |
|
department of
taxation. The seller and buyer must provide
any | 3596 |
|
information
requested by the department of taxation. The buyer | 3597 |
|
may be
assessed any additional tax found to be due." | 3598 |
| Sec. 4519.551. Notwithstanding any general requirement in | 3608 |
|
this chapter to the effect that an application for a certificate | 3609 |
|
of title to an off-highway motorcycle or all-purpose vehicle shall | 3610 |
|
be "sworn to" or shall be "sworn to before a notary public or | 3611 |
|
other officer empowered to administer oaths," that requirement | 3612 |
|
shall apply only in the case of a transfer of an off-highway | 3613 |
|
motorcycle or all-purpose vehicle between parties in the course of | 3614 |
|
a sale by a person other than a registered dealer to a person who | 3615 |
|
purchases the off-highway motorcycle or all-purpose vehicle for | 3616 |
|
use as a consumer. | 3617 |
Sec. 4519.57. TheWhen the clerk of
thea court
of common
| 3619 |
|
pleas
issues a physical certificate of title for an off-highway
| 3620 |
|
motorcycle or all-purpose vehicle, the clerk shall issue | 3621 |
certificates of title for off-highway motorcycles and
all-purpose
| 3622 |
vehiclesit over the clerk's official seal. The front side of
| 3623 |
|
each
physical certificate
of title shall contain the
information
| 3624 |
required in the application
thereforfor it as
prescribed by
| 3625 |
|
section
4519.56 of the Revised
Code, spaces for the dates of
| 3626 |
|
notation and cancellation of two liens, mortgages, or
| 3627 |
|
encumbrances,
and any other pertinent information as may be
| 3628 |
|
required
by the registrar of motor vehicles, but shall contain
| 3629 |
|
neither
the social security number nor taxpayer identification
| 3630 |
|
number of
the applicant. The reverse side of each
physical | 3631 |
|
certificate of title
shall contain all of the information
| 3632 |
|
specified in division
(F) of section 4505.07 of the
Revised
| 3633 |
|
Code.
An
assignment of certificate of title
before a notary | 3634 |
|
public or
other officer
empowered to administer oaths shall | 3635 |
|
appear on the
reverse side of each
physical certificate of title | 3636 |
in the form to
be prescribed by the
registrar
of motor
| 3637 |
vehicles. The assignment
form shall include a warranty that the | 3638 |
|
signer is the
owner of the
off-highway motorcycle or all-purpose | 3639 |
|
vehicle and
that
there are
no mortgages, liens, or encumbrances | 3640 |
|
on the off-highway
motorcycle
or all-purpose vehicle except as | 3641 |
|
are noted on the face of the
certificate of title. | 3642 |
Sec. 4519.58. The(A) When the clerk of
thea court
of | 3649 |
|
common
pleas
issues a physical certificate of title, the clerk | 3650 |
shall
issue
certificatesthe certificate of title in duplicate. | 3651 |
|
One
copy
shall be retained and filed by
the clerk in the | 3652 |
|
clerk's
office, and the information contained in it shall be
| 3653 |
|
transmitted
to the registrar of motor vehicles on the day it is | 3654 |
|
issued. The
clerk shall sign and affix the clerk's seal to the | 3655 |
|
original
certificate of
title and, if there are no liens on the | 3656 |
|
off-highway
motorcycle or
all-purpose vehicle, shall deliver the | 3657 |
|
certificate
to the applicant or the
selling dealer. Except as | 3658 |
|
otherwise
provided in this section, if there are
one or more | 3659 |
|
liens on the
off-highway motorcycle or all-purpose vehicle, the | 3660 |
|
certificate of
title shall
be delivered to the holder of the | 3661 |
|
first lien. If the
certificate
of title is obtained by a dealer | 3662 |
|
on behalf of the
applicant and there are one
or more liens on | 3663 |
|
the off-highway
motorcycle or all-purpose
vehicle, the clerk | 3664 |
|
shall issue a
certificate of title and may issue a
memorandum | 3665 |
|
certificate
of
title. The certificate of title and memorandum | 3666 |
|
certificate of
title, if
issued, shall
be delivered to the | 3667 |
|
holder of the first
lien or the selling dealer, who shall
| 3668 |
|
deliver the certificate of
title to the
holder of the first lien | 3669 |
|
and the memorandum
certificate of title to the
applicant. The | 3670 |
|
selling dealer also
may make arrangements with the clerk to
have | 3671 |
|
the clerk deliver the
memorandum certificate
of title to the | 3672 |
|
applicant. | 3673 |
| The clerk need not retain on file any current certificates of
| 3682 |
|
title,
current duplicate
certificates of title, current | 3683 |
|
memorandum
certificates of title, or current
salvage | 3684 |
certificates of title,
or supporting evidence
thereofof them, | 3685 |
|
including the
electronic
record described in section 4519.55 of
| 3686 |
|
the Revised Code, covering
any
off-highway motorcycle or
| 3687 |
|
all-purpose vehicle
for a period
longer than seven years after | 3688 |
the
date of their filing;
thereafter,
the
samedocuments and
| 3689 |
|
supporting evidence may be
destroyed.
The clerk need not retain
| 3690 |
|
on file any inactive
records,
including certificates of title,
| 3691 |
|
duplicate certificates
of
title,
or memorandum certificates of
| 3692 |
title, or supporting
evidence
thereofof them, including the | 3693 |
|
electronic record
described in section
4519.55 of the Revised | 3694 |
|
Code, covering any
off-highway motorcycle
or all-purpose
| 3695 |
|
vehicle for a period longer
than five years after
the date of
| 3696 |
their filing; thereafter, the
samedocuments and
supporting
| 3697 |
evidence may be destroyed.
The
clerk
shall retain the
active | 3698 |
index and all active records in the
data
base of the
computer | 3699 |
in the clerk's office, and shall retain
in
the data base
a | 3700 |
record and index of all inactive titles for ten
years. If the
| 3701 |
clerk provides a written copy of any information
contained in the
| 3702 |
data base, the copy shall be considered the
original for purposes
| 3703 |
of the clerk certifying the record of the
information for use in
| 3704 |
any legal proceeding. | 3705 |
| (C) The clerk shall issue a physical certificate of title to | 3706 |
|
an
applicant unless the applicant specifically requests the clerk | 3707 |
|
not
to issue a
physical certificate of title and instead to | 3708 |
|
issue an
electronic certificate
of title.
The fact that a | 3709 |
|
physical
certificate of title is
not issued for an off-highway | 3710 |
|
motorcycle
or all-purpose vehicle does
not affect ownership of | 3711 |
|
the
motorcycle
or
vehicle. In that case, when the clerk | 3712 |
|
completes
the process of
entering certificate of title | 3713 |
|
application
information into the
automated title processing | 3714 |
|
system, the
effect of the completion of
the process is the same | 3715 |
|
as if the
clerk actually issued a physical
certificate of title | 3716 |
|
for the
motorcycle or vehicle. | 3717 |
| (D) An electronic dealer who applies for a
certificate of | 3718 |
|
title
on behalf of a customer who purchases an off-highway
| 3719 |
|
motorcycle
or
all-purpose vehicle
from the dealer may print a | 3720 |
|
non-negotiable
evidence of
ownership for the customer if the | 3721 |
|
customer so
requests. The
authorization to print the | 3722 |
|
non-negotiable evidence
of ownership
shall come from the clerk | 3723 |
|
with whom the dealer makes
application
for the certificate of | 3724 |
|
title for the customer, but the
printing by
the dealer does not | 3725 |
|
create an agency relationship of
any kind
between the dealer and | 3726 |
|
the clerk. | 3727 |
Sec. 4519.59. (A) The clerk of
thea court of common pleas
| 3735 |
|
shall
charge a fee
of five dollars for each certificate of | 3736 |
|
title,
duplicate certificate
of title, memorandum certificate of | 3737 |
|
title,authorization to print
a non-negotiable evidence of | 3738 |
|
ownership
described in division (D) of section 4519.58 of the | 3739 |
|
Revised Code, non-negotiable evidence of ownership printed by the | 3740 |
|
clerk under division (E) of that section,
and
notation of
any | 3741 |
|
lien on a
certificate of title. The clerk shall
retain two
| 3742 |
|
dollars and twenty-five
cents
of the fee charged for
each
| 3743 |
|
certificate of title, four dollars and
seventy-five
cents
of the
| 3744 |
|
fee charged for each duplicate certificate of title,
all
of the
| 3745 |
|
fees charged for each memorandum certificate,
authorization to
| 3746 |
|
print a non-negotiable evidence of ownership, or non-negotiable | 3747 |
|
evidence of ownership printed by the clerk,
and four dollars and
| 3748 |
|
twenty-five cents of the fee charged for
each notation of a lien. | 3749 |
| The remaining two dollars and seventy-five cents charged for
| 3750 |
|
the
certificate of title, the remaining twenty-five cents charged
| 3751 |
|
for the
duplicate
certificate of title, and the remaining
| 3752 |
|
seventy-five cents charged
for the notation of any lien on a
| 3753 |
|
certificate of title shall be paid to the
registrar of motor
| 3754 |
|
vehicles by monthly returns, which shall be forwarded to
the
| 3755 |
|
registrar not later than the fifth day of the month next
| 3756 |
|
succeeding that in
which the certificate is forwarded or that in
| 3757 |
which the registrar is notified
of a lien or cancellation
thereof | 3758 |
| of a lien. | 3759 |
| Sec. 4519.60. In the event of the transfer of ownership of
| 3782 |
|
an
off-highway motorcycle or all-purpose vehicle by operation of
| 3783 |
law, as upon
inheritance, devise
or, bequest, order in | 3784 |
|
bankruptcy,
insolvency, replevin, or
execution of sale, or when | 3785 |
|
repossession
is had upon default in performance of
the terms of | 3786 |
|
a security
agreement as
provided in Chapter 1309. of the Revised | 3787 |
Code,
thea
clerk of
thea court of common pleas
of
the county | 3788 |
in which the
last
certificate of title to the off-highway | 3789 |
motorcycle or
all-purpose
vehicle was issued, upon the surrender | 3790 |
|
of the prior
certificate of title
or
the
manufacturer's or | 3791 |
|
importer's
certificate, or, when that is not possible, upon
| 3792 |
|
presentation to
the clerk of satisfactory proof of ownership and | 3793 |
rights of
possession to
suchthe off-highway motorcycle or | 3794 |
|
all-purpose
vehicle,
and upon payment of the fee prescribed
in | 3795 |
section 4519.59
of the Revised Code, and
presentation of an | 3796 |
|
application for
certificate of title, may issue to the
applicant | 3797 |
|
a
certificate of
title to the off-highway motorcycle or | 3798 |
|
all-purpose
vehicle. Only
an affidavit by the person or agent | 3799 |
|
of the person to whom
possession of the off-highway motorcycle or | 3800 |
|
all-purpose vehicle
has
passed, setting forth the facts | 3801 |
entitling
the person to
suchthe possession and ownership, | 3802 |
|
together with a
copy of the
journal
entry, court order, or | 3803 |
|
instrument upon which the claim of
possession
and ownership is | 3804 |
|
founded, is satisfactory proof of
ownership and right of
| 3805 |
possession. If the applicant cannot
produce
suchthat proof of
| 3806 |
|
ownership, the
applicant may apply
directly to the registrar of | 3807 |
|
motor vehicles and submit
the
evidence the applicant has, and | 3808 |
|
the registrar, upon finding the
evidence sufficient, may | 3809 |
|
authorize the clerk to issue a
certificate of title.
If, from | 3810 |
|
the records in the office of the
clerk, there appears to be any | 3811 |
|
lien
on the off-highway motorcycle
or all-purpose vehicle, the
| 3812 |
|
certificate of title shall contain a
statement of the lien unless | 3813 |
|
the
application is accompanied by
proper evidence of its | 3814 |
|
extinction. | 3815 |
| Sec. 4519.61. (A) Each owner of an off-highway
motorcycle
| 3816 |
|
or
all-purpose vehicle and each person mentioned as owner in the
| 3817 |
|
last certificate
of title, when the off-highway motorcycle or
| 3818 |
|
all-purpose vehicle
is dismantled, destroyed, or changed in such
| 3819 |
|
manner that it loses its
character
as an off-highway motorcycle | 3820 |
|
or
all-purpose vehicle, or changed in
such manner that it is not | 3821 |
|
the
off-highway motorcycle or
all-purpose
vehicle described in | 3822 |
|
the
certificate of title, shall surrender the
certificate of | 3823 |
title to
thea clerk of
thea court
of common pleas
who issued | 3824 |
it,
and
thereupon the clerk, with the consent of the holders of | 3825 |
any liens
noted
thereon,on the certificate of title, then shall | 3826 |
|
enter a
cancellation upon the clerk's records and shall notify
| 3827 |
|
the
registrar of motor vehicles of the cancellation. | 3828 |
(B)
WhereIf an Ohio certificate of title or
salvage
| 3833 |
|
certificate of title to an off-highway
motorcycle or all-purpose
| 3834 |
|
vehicle is assigned to a salvage
dealer, the dealer shall not be
| 3835 |
|
required to obtain an
Ohio certificate of title or a
salvage
| 3836 |
|
certificate of title to the off-highway
motorcycle or all-purpose
| 3837 |
|
vehicle in the dealer's own name if the dealer
dismantles or
| 3838 |
|
destroys the off-highway motorcycle
or all-purpose vehicle,
| 3839 |
|
completes the assignment on the
certificate of title or salvage
| 3840 |
|
certificate of title, indicates
the number of the dealer's motor
| 3841 |
vehicle salvage dealer's
license
thereonon it, marks
"FOR | 3842 |
|
DESTRUCTION"
across the face of the
certificate of title or | 3843 |
|
salvage certificate
of title, and
surrenders the certificate of | 3844 |
title or salvage
certificate of
title to
thea clerk of
thea | 3845 |
|
court of common
pleas
as provided in
division (A) of this | 3846 |
|
section. If the salvage
dealer retains the
off-highway
| 3847 |
|
motorcycle or all-purpose vehicle
for resale, the salvage
dealer | 3848 |
|
shall make application for a
salvage certificate of title
to the | 3849 |
|
off-highway motorcycle or
all-purpose
vehicle in the salvage | 3850 |
|
dealer's own name as provided
in division
(C)(1) of this | 3851 |
|
section. | 3852 |
| (C)(1) When an insurance
company declares it economically
| 3853 |
|
impractical to repair the
off-highway motorcycle or all-purpose
| 3854 |
|
vehicle and
has paid an agreed price for the purchase of the
| 3855 |
|
off-highway motorcycle or all-purpose vehicle to any insured or
| 3856 |
|
claimant owner, the insurance company shall receive the
| 3857 |
|
certificate of title and off-highway motorcycle or
all-purpose
| 3858 |
|
vehicle and
proceed
as follows. Within thirty days, the | 3859 |
insurance
company shall
deliver the certificate of title to
the | 3860 |
a clerk of
thea court of
common pleas and shall make application | 3861 |
|
for a
salvage
certificate of title. The clerk shall issue the | 3862 |
|
salvage
certificate of title on a form, prescribed by the | 3863 |
|
registrar,
that
shall be easily distinguishable from the
| 3864 |
|
original certificate of
title and shall bear the same number and
| 3865 |
|
information as the
original certificate of title. Except as | 3866 |
|
provided in
division
(C)(2) of this section, the salvage
| 3867 |
|
certificate of title shall be
assigned by the insurance company
| 3868 |
|
to a salvage dealer or any other
person for use as evidence of
| 3869 |
|
ownership upon the sale or other
disposition of the
off-highway | 3870 |
|
motorcycle or all-purpose vehicle,
and the salvage
certificate | 3871 |
|
of title shall be transferable to any
other person.
The clerk | 3872 |
|
of the court of common pleas shall charge
a fee of
four dollars | 3873 |
|
for the cost of processing each salvage
certificate
of title. | 3874 |
| (2) If an insurance company considers an
off-highway
| 3875 |
|
motorcycle or all-purpose vehicle as described in
division (C)(1)
| 3876 |
|
of this section
to be impossible to restore to normal operation,
| 3877 |
|
the insurance
company may assign the certificate of title to the
| 3878 |
|
off-highway motorcycle or all-purpose vehicle to a salvage
dealer
| 3879 |
|
or scrap metal processing facility and send the assigned
| 3880 |
|
certificate of title to the clerk of the court of common pleas
of
| 3881 |
|
the county in which the salvage dealer or scrap metal
processing
| 3882 |
|
facility is located. The insurance company shall mark
the face | 3883 |
|
of
the certificate of title
"FOR DESTRUCTION" and shall
deliver | 3884 |
|
a
photocopy of the certificate of title to the salvage
dealer or
| 3885 |
|
scrap metal processing facility for its records. | 3886 |
| (3) If an insurance company declares it economically
| 3887 |
impractical to repair an off-highway motorcycle
ofor
all-purpose
| 3888 |
|
vehicle, agrees to pay to the insured or claimant
owner an amount
| 3889 |
|
in settlement of a claim against a policy of
motor vehicle
| 3890 |
|
insurance covering the off-highway
motorcycle or all-purpose
| 3891 |
|
vehicle, and agrees to permit the
insured or claimant owner to
| 3892 |
|
retain possession of the
off-highway motorcycle or all-purpose
| 3893 |
|
vehicle, the
insurance company shall not pay the insured or
| 3894 |
|
claimant owner
any amount in settlement of the insurance claim
| 3895 |
|
until the owner
obtains a salvage certificate of title to the
| 3896 |
|
vehicle and
furnishes a copy of the salvage certificate of title
| 3897 |
|
to the
insurance company. | 3898 |
| (1) Mark the face of the certificate of title to the
| 3905 |
|
off-highway motorcycle or all-purpose vehicle
"FOR
DESTRUCTION"
| 3906 |
and surrender the certificate of title to
thea clerk
of
thea | 3907 |
|
court of common pleas for cancellation as described in
division
| 3908 |
|
(A) of this section.
The self-insured organization, rental or
| 3909 |
leasing company, or
secured creditor
thereuponthen shall deliver
| 3910 |
|
the
off-highway motorcycle or all-purpose vehicle, together with | 3911 |
|
a
photocopy of the certificate of title, to a salvage dealer or
| 3912 |
|
scrap metal processing facility and shall cause the
off-highway
| 3913 |
|
motorcycle or all-purpose vehicle to be dismantled,
flattened,
| 3914 |
|
crushed, or destroyed. | 3915 |
| (2) Obtain a salvage certificate of title to the
| 3916 |
|
off-highway
motorcycle or all-purpose vehicle in
the name of the | 3917 |
|
self-insured
organization, rental or leasing
company, or secured | 3918 |
|
creditor, as
provided in division
(C)(1) of this section, and
| 3919 |
|
then sell or
otherwise dispose of the off-highway
motorcycle or | 3920 |
|
all-purpose
vehicle. If the off-highway
motorcycle or | 3921 |
|
all-purpose vehicle is
sold, the self-insured organization, | 3922 |
|
rental or leasing company,
or
secured creditor shall obtain a | 3923 |
|
salvage certificate of title
to
the off-highway motorcycle or | 3924 |
all-purpose
vehicle in the name of
the purchaser from
thea | 3925 |
clerk
of
thea court
of common pleas
of the
county in which the | 3926 |
purchaser
resides. | 3927 |
| (E) If an
off-highway motorcycle or all-purpose vehicle
| 3928 |
|
titled with a
salvage certificate of title is restored for
| 3929 |
operation, application shall be
made to
thea clerk of
thea | 3930 |
|
court
of
common pleas for a certificate of title after | 3931 |
|
inspection by the
state highway patrol. The inspection shall | 3932 |
|
include establishing
proof of
ownership and an inspection of the | 3933 |
|
motor number and
vehicle
identification number of the | 3934 |
|
off-highway motorcycle
or
all-purpose vehicle and of | 3935 |
|
documentation or receipts for the
materials used in restoration | 3936 |
|
by the owner of the
off-highway
motorcycle or all-purpose | 3937 |
|
vehicle being inspected,
which
documentation or receipts shall | 3938 |
|
be presented at the time
of
inspection. Upon successful | 3939 |
|
completion of the inspection, the
state
highway patrol shall | 3940 |
|
issue to the owner a completed
inspection
form. The clerk, upon | 3941 |
|
submission of the completed
inspection form and
surrender of the | 3942 |
|
salvage
certificate of title,
shall issue a certificate of title | 3943 |
|
for a
fee prescribed by the
registrar. The certificate of title | 3944 |
|
shall
be in the same form as
the original certificate of title, | 3945 |
|
shall
bear the same number as
the salvage certificate of title | 3946 |
|
and the
original certificate of
title, and shall bear the words
| 3947 |
|
"REBUILT SALVAGE" in black
boldface letters on its face. Every | 3948 |
|
subsequent certificate of
title, memorandum certificate of title, | 3949 |
|
or certified copy of a
certificate of title or memorandum | 3950 |
|
certificate of title issued
for
the off-highway motorcycle or | 3951 |
|
all-purpose
vehicle also shall bear
the words
"REBUILT
| 3952 |
|
SALVAGE" in black boldface letters on its face.
The exact | 3953 |
|
location on
the face of the certificate of title of
the
words
| 3954 |
|
"REBUILT SALVAGE" shall be determined by the registrar,
who
| 3955 |
|
shall develop an
automated procedure within the automated title
| 3956 |
|
processing system
to comply with this division. The clerk shall
| 3957 |
|
use reasonable
care in performing the duties imposed on the clerk
| 3958 |
|
by this
division in issuing a certificate of title pursuant to
| 3959 |
|
this
division, but the clerk is not liable for errors or | 3960 |
|
omissions
of
the clerk of courts, the clerk's deputies, or the | 3961 |
|
automated
title processing system in the performance of such | 3962 |
|
duties. A
fee
of fifty dollars shall be assessed by the state
| 3963 |
|
highway patrol for
each inspection made pursuant to this
| 3964 |
|
division. | 3965 |
| Sec. 4519.62. In the event of a lost or destroyed
| 3970 |
certificate of title,
application shall be made to
thea clerk of | 3971 |
thea
court of common pleas
of the
county where the certificate | 3972 |
of
title was issued, by the owner of the
off-highway motorcycle | 3973 |
or
all-purpose vehicle, or the holder of a
lien
thereonon it, | 3974 |
|
for a
certified copy of the certificate,
upon a form prescribed
| 3975 |
|
by the
registrar of motor vehicles and accompanied by the fee | 3976 |
|
prescribed
by
section 4519.59 of the Revised Code. The | 3977 |
|
application shall be
signed
and
sworn
to by the person making | 3978 |
|
the application, and the
clerk shall issue a certified
copy of | 3979 |
|
the certificate of title to
the person entitled to receive it | 3980 |
|
under
this chapter. The
certified copy shall be plainly marked | 3981 |
|
across its face with
the
word
"duplicate," and any subsequent | 3982 |
|
purchaser of the
off-highway
motorcycle or all-purpose vehicle | 3983 |
|
in the chain of title
originating through
the certified copy | 3984 |
|
acquires only such rights
in the off-highway
motorcycle or | 3985 |
|
all-purpose vehicle as the
original holder of the certified
copy | 3986 |
|
had. Any purchaser of the
off-highway motorcycle or
all-purpose | 3987 |
|
vehicle, at the time of
purchase, may require the seller of the
| 3988 |
|
same to indemnify the
purchaser and all subsequent purchasers of | 3989 |
|
the
off-highway
motorcycle or all-purpose vehicle against any | 3990 |
|
loss
that
the
purchaser or subsequent purchasers may suffer by | 3991 |
|
reason of any
claim
presented upon the original certificate. In | 3992 |
|
the event of
the recovery of the
original certificate of title | 3993 |
by
saidthe
owner, the owner shall
surrender
forthwith the | 3994 |
original
certificate of titleit immediately to the
clerk for
| 3995 |
|
cancellation. | 3996 |
| The holder of a certificate of title for an off-highway
| 3997 |
|
motorcycle
or all-purpose vehicle upon which is noted an existing
| 3998 |
|
lien, encumbrance, or
mortgage, may make application at any time
| 3999 |
to
thea clerk
who
issued the
certificate of title for a
| 4000 |
|
memorandum certificate, which application shall
be
made in the
| 4001 |
|
form prescribed by the registrar and signed
and sworn to by the
| 4002 |
|
applicant. Upon receipt of the application, if it appears to be
| 4003 |
|
correct,
together with the fee prescribed by section 4519.59 of
| 4004 |
|
the Revised Code, the
clerk shall
issue to the applicant a
| 4005 |
|
memorandum certificate for the
off-highway motorcycle or
| 4006 |
all-purpose vehicle.
In the eventIf
the memorandum
certificate
| 4007 |
is
lost or destroyed, the holder
thereofof it may obtain a
| 4008 |
certified
copy of
the
sameit upon the filing of an application
| 4009 |
with the
clerk on a form
prescribed by the registrar
and, | 4010 |
|
accompanied by
the fee
prescribed in section 4519.59 of the
| 4011 |
|
Revised Code. The
memorandum
certificate is not
assignable and
| 4012 |
|
constitutes no
evidence of title or of right to transfer or
| 4013 |
|
encumber the
off-highway motorcycle or all-purpose vehicle
| 4014 |
described
thereinin
it. | 4015 |
| (A) Operate in this state an off-highway motorcycle
or
| 4031 |
|
all-purpose vehicle without having a certificate of title
for the
| 4032 |
|
off-highway
motorcycle or all-purpose vehicle, if such a
| 4033 |
|
certificate is required by this
chapter to be issued for the
| 4034 |
|
off-highway motorcycle or all-purpose
vehicle,or, if a physical
| 4035 |
|
certificate of title has not been issued
for it, operate an
| 4036 |
|
off-highway motorcycle or all-purpose vehicle knowing that
the
| 4037 |
|
ownership information relating to the motorcycle or vehicle has
| 4038 |
|
not been
entered into the automated title processing system by a
| 4039 |
|
clerk of a court of
common pleas; | 4040 |
| (A) Procure or attempt to procure a certificate of title to
| 4063 |
|
an
off-highway motorcycle or all-purpose vehicle, or pass or
| 4064 |
attempt
to pass a certificate of title or any assignment
thereof | 4065 |
| of a
certificate of title to an
off-highway motorcycle or
| 4066 |
|
all-purpose vehicle,
or in any other manner gain
or
attempt to
| 4067 |
|
gain ownership to an off-highway motorcycle or all-purpose
| 4068 |
|
vehicle, knowing or having reason to
believe that the off-highway
| 4069 |
|
motorcycle or all-purpose vehicle
has been stolen; | 4070 |
| (B) Sell or offer for sale in this state an
off-highway
| 4071 |
|
motorcycle or all-purpose vehicle on which the manufacturer's or
| 4072 |
|
assigned
vehicle identification number has been destroyed,
| 4073 |
|
removed, covered, altered,
or defaced with knowledge of the
| 4074 |
|
destruction, removal, covering, alteration,
or defacement of the
| 4075 |
|
manufacturer's or assigned vehicle identification
number; | 4076 |
(2)
Sections 1309.01 to 1309.50Chapter 1309. of the
Revised
| 4088 |
Code
applyapplies to a security
interest in an off-highway
| 4089 |
|
motorcycle or all-purpose vehicle
held as inventory, as defined | 4090 |
|
in
division
(D) of section 1309.07 of the
Revised
Code, for | 4091 |
|
sale by a
dealer.
The security interest has priority over | 4092 |
creditors of the
dealer
as provided in
sections 1309.01 to | 4093 |
1309.50Chapter 1309. of
the
Revised
Code without notation of | 4094 |
|
the
security interest on a
certificate of title,without entry | 4095 |
|
of a
notation of the security
interest into the automated title | 4096 |
|
processing system
if a physical
certificate of title has not | 4097 |
|
been issued, or without
the
retention
of a manufacturer's or | 4098 |
|
importer's certificate. | 4099 |
| (B) Subject to
division (A) of this
section,
any security
| 4100 |
|
agreement covering a security interest in an
off-highway
| 4101 |
|
motorcycle or all-purpose vehicle,
if a notation of the
| 4102 |
agreement
has been made by
thea clerk of
thea
court of common | 4103 |
|
pleas on the
face
of the certificate of title
or if the clerk | 4104 |
|
has entered a
notation of the
agreement into the automated title | 4105 |
|
processing
system if a physical
certificate of title has not | 4106 |
|
been issued, is
valid as against the
creditors of
the debtor,
| 4107 |
|
whether armed with
process or not, and against subsequent | 4108 |
|
purchasers, secured
parties, and other lienholders or claimants. | 4109 |
|
All security
interests, liens,
mortgages, and
encumbrances | 4110 |
noted uponentered
into the automated title processing
system in | 4111 |
|
relation to a
particular certificate of title, regardless of | 4112 |
|
whether a
physical certificate of title
is issued,
take
priority | 4113 |
according
to the order of time in which they are
noted
thereon | 4114 |
| entered into
the automated title processing system by the
clerk.
| 4115 |
|
Exposure for
sale of any off-highway motorcycle or
all-purpose
| 4116 |
|
vehicle by its
owner, with the knowledge or with the
knowledge | 4117 |
|
and
consent of the
holder of any security interest,
lien, | 4118 |
mortgage, or encumbrance
thereonon it, does not
render the | 4119 |
|
security interest, lien,
mortgage, or encumbrance ineffective as
| 4120 |
|
against the creditors
of
the owner, or against holders of | 4121 |
|
subsequent security interests,
liens,
mortgages, or
| 4122 |
|
encumbrances upon the off-highway motorcycle
or all-purpose
| 4123 |
|
vehicle. | 4124 |
The secured party, upon presentation of
theevidence of a | 4125 |
security
agreementinterest to
thea clerk
of
thea court of
| 4126 |
common pleas
of the county in which the
certificate of title
was
| 4127 |
issued, together with the certificate of title
if a
physical
| 4128 |
|
certificate of title for the off-highway motorcycle or all-purpose
| 4129 |
|
vehicle exists, and the fee prescribed by
section 4519.59 of the
| 4130 |
|
Revised Code,
may have a notation of the security interest made | 4131 |
|
on
the
face of the
certificate of title, and, if such a | 4132 |
notation is
made, another notation
of the
liensecurity interest | 4133 |
shall
be
entered into the automated title processing system
for | 4134 |
motor
vehicle
titles.
TheUnless the secured party specifically
| 4135 |
|
requests
the
clerk not to issue a physical certificate of title
| 4136 |
|
and instead
to issue an
electronic certificate of title, the | 4137 |
|
clerk, over the
clerk's signature and seal of office,
shall | 4138 |
|
issue
a new original
certificate of title from the
automated | 4139 |
|
title
processing system
that indicates the security
interest | 4140 |
|
and the
date of the security
interest. | 4141 |
When theIf a security interest is discharged
and the holder
| 4142 |
|
of the security interest holds a physical certificate of title,
| 4143 |
the holder
thereofof the security interest shall note
theits | 4144 |
|
discharge
over the holder's signature on the face of the
| 4145 |
|
certificate of title
or over the holder's signature on a form
| 4146 |
|
prescribed by the registrar of motor
vehicles when there is no
| 4147 |
|
space for the discharge on the face of the
certificate of title.
| 4148 |
|
Prior to delivering the certificate
of title to
the owner, the
| 4149 |
|
holder or the holder's agent shall present it and any
additional
| 4150 |
information
thea clerk requires to
thea
clerk to have the clerk | 4151 |
|
note
the cancellation of the security interest on the
face of | 4152 |
|
the
certificate of title and upon the records of the clerk.
If | 4153 |
the
cancellationdischarge
appears to be genuine, the clerk shall | 4154 |
|
note the
cancellation on the
certificate of title and also shall | 4155 |
|
note the
cancellation on
the clerk's records and notify the | 4156 |
|
registrar, who
shall note the cancellation.
If a security | 4157 |
|
interest that is
discharged does not appear on the face
of the | 4158 |
|
certificate
of
title, but instead was entered into the automated | 4159 |
title processing
system
for motor vehicles, the clerk shall enter | 4160 |
|
the cancellation
into the
automated
title processing system and | 4161 |
|
also shall note
the
cancellation on a form
prescribed by the | 4162 |
|
registrar. | 4163 |
| Section 2. That existing sections 325.33, 1548.01, 1548.02, | 4179 |
|
1548.03,
1548.06, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12,
| 4180 |
|
1548.13, 1548.17, 1548.18, 1548.19, 1548.20, 4501.01,
4503.03, | 4181 |
|
4503.10,
4503.182, 4505.03,
4505.04,
4505.06,
4505.08, | 4182 |
|
4505.09, 4505.10, 4505.102, 4505.11,
4505.12,
4505.13,
4505.18, | 4183 |
|
4505.181, 4505.19, 4505.20, 4519.01,
4519.03,
4519.51,
4519.52, | 4184 |
|
4519.53,
4519.55, 4519.57, 4519.58, 4519.59,
4519.60,
4519.61, | 4185 |
|
4519.62, 4519.66,
4519.67, and 4519.68 of the
Revised
Code are | 4186 |
|
hereby repealed. | 4187 |
| Section 3. (A) The Registrar of Motor
Vehicles shall adopt
| 4188 |
|
rules that establish a pilot program to
appoint limited authority
| 4189 |
|
deputy registrars. Notwithstanding any contrary provision
of | 4190 |
|
section
4503.03 of the Revised Code, the Registrar may appoint | 4191 |
|
the clerk
of a court of common pleas as a limited authority | 4192 |
|
deputy registrar
under the
program. Each limited
authority | 4193 |
|
deputy registrar
appointed under the program shall
conduct only | 4194 |
|
initial and
transfer motor vehicle registration
transactions via | 4195 |
|
electronic
means, and VIN inspections, in a manner approved in
| 4196 |
|
the
rules
that
the Registrar adopts; is entitled to collect and | 4197 |
|
retain a
fee of
two dollars and seventy-five cents for each | 4198 |
|
transaction or physical inspection that
the limited
authority | 4199 |
|
deputy
registrar
conducts on and after the
effective date of this | 4200 |
|
section and before
January 1, 2003, a fee
of three dollars and | 4201 |
|
twenty-five cents for
each transaction or
physical inspection that | 4202 |
|
the limited authority
deputy registrar
conducts on and after | 4203 |
|
January 1, 2003, and
before January 1,
2004, and a fee of three | 4204 |
|
dollars and fifty cents
for each
transaction or physical | 4205 |
|
inspection that the limited
authority
deputy registrar conducts on | 4206 |
|
and after January 1, 2004;
and shall
collect all fees
and taxes | 4207 |
|
that are
required
by law
and related
to the
transactions
or | 4208 |
|
inspections in a manner
approved by the
Registrar. All fees | 4209 |
|
collected and retained by a
clerk of a court of common pleas for | 4210 |
|
conducting transactions or
inspections as a limited authority | 4211 |
|
deputy registrar shall be paid
into the county treasury to the | 4212 |
|
credit of the certificate of title
administration fund created | 4213 |
|
under section 325.33 of the Revised
Code. | 4214 |
| Section 5. In accordance with a schedule and on a form | 4245 |
|
adopted by the Registrar of Motor Vehicles, a clerk of a court of | 4246 |
|
common pleas may certify to the Registrar any net revenue loss | 4247 |
|
that the clerk incurs during the first three years following the | 4248 |
|
effective date of this section and that is attributable to the | 4249 |
|
implementation of this act. The clerk shall certify net revenue | 4250 |
|
loss based upon a comparison of the revenue the clerk received | 4251 |
|
during a period of time, as determined by the Registrar, preceding | 4252 |
|
the effective date of this section, with the revenue the clerk | 4253 |
|
receives during comparable periods of time during the first three | 4254 |
|
years following the effective date of this section. | 4255 |
| From the automated title processing fund created by section | 4256 |
|
4505.09 of the Revised Code, the Registrar shall make on a
monthly | 4257 |
|
basis during those three years payments to any clerk who
certifies | 4258 |
|
a net revenue loss for an applicable reporting period.
During the | 4259 |
|
first year of payments, the payments shall
equal one hundred per | 4260 |
|
cent of the certified net revenue loss for
an
applicable reporting | 4261 |
|
period. During the second year of
payments, the payments shall | 4262 |
|
equal seventy-five per cent
of the certified
net revenue loss for | 4263 |
|
an applicable reporting
period. During the third year of | 4264 |
|
payments, the payments shall equal fifty per cent of the certified | 4265 |
|
net revenue loss for an applicable reporting period. | 4266 |
| Section 6. The Registrar of Motor Vehicles shall implement to | 4269 |
|
the maximum extent practicable all provisions of sections 4501.01, | 4270 |
|
4503.03, 4503.035, 4503.10, 4503.182, 4505.021, 4505.03, 4505.032, | 4271 |
|
4505.04, 4505.06, 4505.062, 4505.08, 4505.09, 4505.10, 4505.102, | 4272 |
|
4505.11,
4505.12, 4505.13, 4505.141, 4505.18, 4505.181, 4505.19, | 4273 |
|
4505.20,
4505.25, 4519.01, 4519.03, 4519.51, 4519.511, 4519.512, | 4274 |
|
4519.52,
4519.521, 4519.53, 4519.55, 4519.551, 4519.57, 4519.58, | 4275 |
|
4519.59,
4519.60, 4519.62, 4519.631, 4519.66, 4519.67, and 4519.68 | 4276 |
|
of the
Revised Code as amended or enacted by this act, and the | 4277 |
|
provisions
of Section 3 of this act, by no later than nine months | 4278 |
|
after the
effective date of this section. | 4279 |
| The Chief of the Division of Watercraft in the Division of | 4280 |
|
Natural Resources shall implement to the maximum extent | 4281 |
|
practicable all provisions of sections 1548.02, 1548.021, 1548.03, | 4282 |
|
1548.06, 1548.061, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12, | 4283 |
|
1548.13,
1548.141, 1548.17, 1548.18, 1548.19, and 1548.20 of the | 4284 |
|
Revised Code as amended or enacted by this act by no later than | 4285 |
|
nine months after the effective date of this section. | 4286 |