| Section 1. That sections 109.801, 1548.06, 1548.09,
1548.13, | 30 |
| 2935.27, 2937.221, 3937.41, 3937.45, 4501.01, 4501.02, 4501.021, | 31 |
| 4503.01, 4503.03, 4503.034,
4503.04, 4503.041, 4503.042, 4503.10, | 32 |
| 4503.12, 4503.24, 4503.44,
4505.06, 4505.08, 4505.09, 4505.10, | 33 |
| 4505.11, 4505.13, 4505.141, 4506.01,
4506.08, 4506.11, 4506.12, | 34 |
|
4507.13, 4507.141, 4507.19, 4507.20,
4507.50, 4507.51, 4507.53, | 35 |
| 4507.99, 4509.05, 4509.101,
4509.79, 4510.036, 4510.22, 4510.31, | 36 |
| 4510.43, 4511.01, 4513.61, 4513.63, 4517.10, 4517.14, 4519.03, | 37 |
| 4519.05,
4519.55, 4519.56, 4519.58, 4519.61, 4519.631, 4519.68, | 38 |
| 4549.08, 4738.05, 4738.18, 4905.06,
4919.79, 4923.20, 5502.11, | 39 |
| 5503.03, 5503.34, 5577.05, and 5577.99
be amended and sections | 40 |
| 4503.642, 4507.1614, 4511.121, 4549.081, and 5502.011 of the | 41 |
|
Revised Code be enacted to read as follows: | 42 |
| Sec. 109.801. (A)(1) Each year the following persons
shall | 43 |
|
complete successfully a firearms
requalification program
approved | 44 |
|
by the executive director of the Ohio peace officer
training | 45 |
|
commission in accordance with rules adopted by
the attorney | 46 |
|
general pursuant to section 109.743 of the Revised Code: any | 47 |
|
sheriff, deputy sheriff, marshal, deputy marshal, township | 48 |
|
constable, chief of police or member of an organized police | 49 |
|
department of a municipal corporation or township, chief of
police | 50 |
|
or member of a township police district police force, | 51 |
|
superintendent of the state highway patrol, state highway patrol | 52 |
|
trooper, special police officer of the state highway patrol | 53 |
|
designated under section 5503.09 of the Revised Code, enforcement | 54 |
|
agent employed under section 5502.14 of the Revised Code, or chief | 55 |
| of police of a university or college police
department or state | 56 |
| university law enforcement officer appointed
under section 3345.04 | 57 |
| of the Revised Code; any parole or
probation
officer who carries a | 58 |
| firearm in the course of official
duties;
any employee of the | 59 |
| department of natural
resources who is
a
natural resources law | 60 |
| enforcement staff officer, park officer,
forest officer, preserve | 61 |
| officer, wildlife
officer, or state
watercraft officer who carries | 62 |
| a firearm in the
course of official
duties; the house sergeant at | 63 |
| arms if the house
sergeant at arms
has arrest authority pursuant | 64 |
| to division (E)(1) of
section
101.311 of the Revised Code; any | 65 |
| assistant house sergeant at arms;
any
employee of the department | 66 |
| of
youth services who is
designated pursuant to division (A)(2) of | 67 |
|
section 5139.53 of the
Revised Code as being authorized to carry a | 68 |
| firearm
while on duty
as
described in that division; or a special | 69 |
| police officer
employed by a municipal corporation at a municipal | 70 |
| airport or
other municipal air navigation facility described in | 71 |
| division
(A)(19) of section 109.71 of the Revised Code. | 72 |
| Sec. 1548.06. Application for a certificate of title for a
| 83 |
|
watercraft or outboard motor shall be made upon a form prescribed
| 84 |
|
by the chief of the division of watercraft
and shall be sworn to
| 85 |
|
before a notary public or other officer empowered to administer
| 86 |
|
oaths. The application shall be filed with the clerk of
any
court | 87 |
| of common pleas.
An application for a certificate of title
may be | 88 |
| filed
electronically by any electronic means approved by
the chief | 89 |
| in
any county with the clerk of the court of common
pleas of that
| 90 |
|
county.
The application shall be accompanied by
the fee
prescribed
| 91 |
|
in
section 1548.10 of the Revised Code. The
fee shall be
retained | 92 |
| by the clerk who issues the certificate of
title and
shall be | 93 |
| distributed in accordance with that section.
If a clerk
of a court | 94 |
| of common pleas, other than the clerk of
the court of
common pleas | 95 |
| of an applicant's county of residence,
issues a
certificate of | 96 |
| title to the applicant, the clerk shall
transmit
data related to | 97 |
| the transaction to the
automated
title
processing system. | 98 |
| If a certificate of
title previously has been issued for the
| 99 |
|
watercraft or outboard
motor,
the application for a
certificate
| 100 |
|
of title also shall be accompanied by the certificate
of title
| 101 |
|
duly
assigned unless otherwise provided in this
chapter. If a
| 102 |
|
certificate of title previously has not been
issued for the
| 103 |
|
watercraft or outboard motor in this state, the
application,
| 104 |
|
unless otherwise provided in this chapter, shall be
accompanied
| 105 |
|
by
a manufacturer's or importer's certificate; by a
sworn
| 106 |
|
statement
of ownership if the watercraft or outboard motor
was
| 107 |
|
purchased by
the applicant on or before
October 9, 1963,
or if
the | 108 |
| watercraft
is less than fourteen feet long with
a
permanently | 109 |
| affixed
mechanical means of propulsion and was
purchased by the | 110 |
| applicant
on or before
January 1,
2000;
or by
a certificate of | 111 |
| title, bill
of sale, or
other evidence of
ownership required by | 112 |
| the law of
another state
from which the
watercraft or outboard | 113 |
| motor was
brought into
this state.
Evidence of ownership of a | 114 |
| watercraft or
outboard
motor for
which an Ohio certificate of | 115 |
| title previously
has not
been
issued and which watercraft or | 116 |
| outboard motor does
not have
permanently affixed
to it a | 117 |
| manufacturer's serial
number
shall
be accompanied by the | 118 |
| certificate of assignment of a
hull
identification number assigned | 119 |
| by
the chief as provided in
section
1548.07 of the Revised Code. | 120 |
| The clerk shall retain the evidence
of title presented by
the
| 121 |
|
applicant and on which the certificate
of title is issued,
except | 122 |
| that, if an application for a certificate of title is
filed | 123 |
|
electronically, by a vendor on behalf of a purchaser of a | 124 |
|
watercraft or outboard motor, the clerk shall retain the completed | 125 |
|
electronic record to which the vendor converted the certificate of | 126 |
|
title application and other required documents. The vendor shall | 127 |
|
forward the actual application and all other documents relating to | 128 |
the sale of the watercraft or outboard motor to
any clerkthe | 129 |
|
location the chief designates within
thirty days after the | 130 |
|
certificate of title is issued. The chief,
after consultation
with | 131 |
| the attorney general, shall adopt rules
that govern the
location | 132 |
| at which, and the manner in which, are
stored the actual | 133 |
|
application and all other documents relating to
the sale of a | 134 |
|
watercraft or outboard motor when a vendor files the
application | 135 |
|
for a certificate of title electronically on behalf of
a | 136 |
|
purchaser. | 137 |
| The
clerk shall use reasonable diligence in
ascertaining | 138 |
|
whether
the
facts in the application are true
by checking the | 139 |
|
application and
documents accompanying it
or the electronic
record | 140 |
| to which a vendor converted the application and
accompanying | 141 |
| documents with
the records of
watercraft and
outboard motors in | 142 |
| the clerk's
office. If
the
clerk is satisfied
that the
applicant | 143 |
| is the owner of the
watercraft or
outboard
motor and
that the | 144 |
| application is in the
proper form,
the clerk
shall issue
a | 145 |
|
physical certificate of
title over the
clerk's
signature and | 146 |
| sealed with
the clerk's
seal
unless the applicant
specifically | 147 |
| requests the clerk not to
issue a physical
certificate of title | 148 |
| and instead to issue an
electronic
certificate of title.
However, | 149 |
| if the evidence
indicates and an
investigation
shows that one or | 150 |
| more Ohio
titles already exist
for
the watercraft or outboard | 151 |
| motor, the
chief may cause the
redundant title or titles to be
| 152 |
|
canceled. | 153 |
| In the case of the sale of a watercraft or outboard motor
by
| 154 |
|
a vendor to a general purchaser or user, the certificate of
title
| 155 |
|
shall be obtained in the name of the purchaser by the
vendor upon
| 156 |
|
application signed by the purchaser. In all other
cases, the
| 157 |
|
certificate shall be obtained by the purchaser. In
all cases of
| 158 |
|
transfer of watercraft or outboard motors, the
application for
| 159 |
|
certificate of title shall be filed within thirty
days after the
| 160 |
|
later of the date of purchase or assignment of
ownership of the
| 161 |
|
watercraft or outboard motor. If the
application for certificate
| 162 |
|
of title is not filed within thirty
days after the later of the
| 163 |
|
date of purchase or assignment of
ownership of the watercraft or
| 164 |
|
outboard motor, the clerk shall
charge a late penalty fee of five
| 165 |
|
dollars in addition to the fee
prescribed by section 1548.10 of
| 166 |
|
the Revised Code. The clerk
shall retain the entire amount of
| 167 |
|
each late penalty fee. | 168 |
| A clerk, however, may retain from the taxes paid to the
clerk | 196 |
|
an amount equal to the poundage fees associated with
certificates | 197 |
|
of title issued by other clerks of courts of common
pleas to | 198 |
|
applicants who reside in the first clerk's county. The
chief of | 199 |
|
the division of watercraft, in consultation with the tax | 200 |
|
commissioner and the clerks of the courts of common pleas, shall | 201 |
|
develop a report from the automated title processing system that | 202 |
|
informs each clerk of the amount of the poundage fees that the | 203 |
|
clerk is permitted to retain from those taxes because of | 204 |
|
certificates of title issued by the clerks of other counties to | 205 |
|
applicants who reside in the first clerk's county. | 206 |
| In the case of casual sales of watercraft or outboard
motors
| 207 |
|
that are subject to the tax imposed by Chapter 5739. or
5741. of
| 208 |
|
the Revised Code, the purchase price for the purpose of
| 209 |
|
determining the tax shall be the purchase price on an affidavit
| 210 |
|
executed and filed with the clerk by the vendor on a form to be
| 211 |
|
prescribed by the chief, which
shall be prima-facie evidence of
| 212 |
|
the price for the determination
of the tax. In addition to the
| 213 |
|
information required by section
1548.08 of the Revised Code, each
| 214 |
|
certificate of title shall
contain in bold lettering the
following
| 215 |
|
notification and
statements:
"WARNING TO TRANSFEROR
AND
TRANSFEREE
| 216 |
|
(SELLER AND
BUYER). You
are required by law to
state
the true
| 217 |
|
selling price. A false statement is a
violation
of
section
2921.13 | 218 |
| of the Revised Code and is punishable by six
months
imprisonment | 219 |
| or a fine of up to one thousand dollars, or
both.
All
transfers | 220 |
| are audited by the department of taxation.
The
seller
and buyer | 221 |
| must provide any information requested by
the
department
of
| 222 |
|
taxation. The buyer may be assessed any
additional
tax found
to be | 223 |
| due." | 224 |
| Sec. 1548.09.
When the clerk of
a court
of common
pleas | 239 |
|
issues a physical certificate of title, the clerk shall
issue
the | 240 |
certificate
of title
on a form and in
duplicate. One
copy
shall be | 241 |
retained and fileda manner prescribed by
the
clerk in
the clerk's
| 242 |
office, and thechief of the division of watercraft.
The | 243 |
|
information
contained in it shall be transmitted
on the day
it
is | 244 |
issued to the
chief
of the division of
watercraft. The
clerk
shall | 245 |
| sign and affix
the clerk's seal
to
the original
certificate of | 246 |
| title and, if there are no liens on
the
watercraft or outboard | 247 |
| motor, shall deliver the certificate
to
the applicant.
If there | 248 |
| are one or more liens on the
watercraft
or outboard motor, the
| 249 |
|
clerk shall deliver the
certificate of
title to the holder of the | 250 |
| first lien. | 251 |
| The clerk need not retain on file any certificate of title,
| 259 |
|
duplicate certificate of title,
or memorandum certificate of
| 260 |
|
title, or
supporting evidence
of them, covering any
watercraft
or | 261 |
| outboard motor for a
period longer than seven years
after the
date | 262 |
| of its filing;
thereafter, the
certificate and
supporting | 263 |
|
information may
be destroyed. The clerk shall issue a
duplicate | 264 |
|
title, when
duly applied for, of any title that has
been
| 265 |
|
destroyed as provided in this
section. | 266 |
| The clerk shall issue a physical certificate of title to an
| 267 |
|
applicant unless the applicant specifically requests the clerk not
| 268 |
|
to issue a
physical certificate of title and instead to issue an
| 269 |
|
electronic certificate
of title.
The fact that a physical
| 270 |
|
certificate of title is
not issued for a watercraft or outboard
| 271 |
|
motor does not affect ownership of the
watercraft or outboard
| 272 |
|
motor. In that case, when the clerk completes the
process of
| 273 |
|
entering certificate of title application information into the
| 274 |
|
automated title processing system, the effect of the completion of
| 275 |
|
the process is the same as if the clerk actually issued a physical
| 276 |
|
certificate of title for the watercraft or outboard motor. | 277 |
| Sec. 1548.13. In the event of a lost or destroyed
| 278 |
|
certificate of title,
application shall be made to
a clerk of
a | 279 |
|
court of common pleas
by the owner of
the watercraft or
outboard | 280 |
| motor, or the holder of a lien
on it, for a
certified
copy of
the | 281 |
| certificate upon a form prescribed by
the chief of
the division
of | 282 |
| watercraft and accompanied by the
fee
prescribed
by section | 283 |
| 1548.10 of the
Revised Code.
The
application shall
be signed
and | 284 |
| sworn to by the person
making the
application, and
the clerk shall | 285 |
| issue a
certified copy of
the certificate of
title to the person
| 286 |
|
entitled to receive it under
this chapter.
The certified copy | 287 |
| shall be plainly marked
across its
face with
the word
"duplicate," | 288 |
| and any subsequent
purchaser of
the
watercraft or outboard motor | 289 |
| in the chain of
title originating
through
the certified copy | 290 |
| acquires only
such rights in the
watercraft or outboard motor
as
| 291 |
|
the original
holder of the
certified copy
had. Any purchaser
of
| 292 |
|
the
watercraft or
outboard motor, at the time of purchase,
may
| 293 |
|
require the seller
to indemnify
the
purchaser and
all subsequent
| 294 |
|
purchasers of
the watercraft
or outboard motor
against any loss
| 295 |
|
that the
purchaser
or
any
subsequent purchaser
may suffer by | 296 |
| reason of
any
claim presented
upon the original certificate. In
| 297 |
|
the event
of
the recovery of
the original certificate of title by
| 298 |
the
owner,
the owner
shall
surrender
it immediately
to
thea clerk | 299 |
|
for
cancellation. | 300 |
| The holder of a certificate of title for a watercraft or
| 301 |
|
outboard motor upon
which is noted an existing lien, encumbrance,
| 302 |
|
or mortgage may
apply at any time
to
a
clerk
for a memorandum
| 303 |
|
certificate,
on a form prescribed
by the chief, that is
signed
and | 304 |
| sworn to by the applicant.
Upon receipt of
the
application | 305 |
|
together with the fee
prescribed by section 1548.10 of
the
Revised | 306 |
| Code,
and if the application appears to be regular,
the
clerk | 307 |
|
shall
issue to
the applicant a memorandum
certificate for
the
| 308 |
|
watercraft or outboard motor.
If the
memorandum
certificate
is | 309 |
| lost or destroyed, the
holder
of it may
obtain a
certified
copy of
| 310 |
|
it
by applying for the copy on a form
prescribed by the
chief, | 311 |
|
accompanied
by the fee prescribed
in section 1548.10 of
the | 312 |
|
Revised Code. In the event of
the
recovery of the original
| 313 |
|
memorandum certificate by the owner,
the owner
shall
surrender
it | 314 |
| immediately to
a clerk for cancellation.
Such
a memorandum
| 315 |
|
certificate is not
assignable and constitutes
no
evidence of
title | 316 |
| or of right
to
transfer or encumber the
watercraft or
outboard | 317 |
| motor described
in it. | 318 |
| Sec. 2935.27. (A)(1) If a law enforcement officer issues
a | 324 |
|
citation to a person pursuant to section 2935.26 of the Revised | 325 |
|
Code and if the minor misdemeanor offense for which the citation | 326 |
|
is issued is an act prohibited by Chapter 4511., 4513., or 4549. | 327 |
|
of the Revised Code or an act prohibited by any municipal | 328 |
|
ordinance that is substantially similar to any section contained | 329 |
|
in Chapter 4511., 4513., or 4549. of the Revised Code, the
officer | 330 |
|
shall inform the person, if the person has a current
valid Ohio | 331 |
|
driver's or commercial driver's license, of the possible | 332 |
|
consequences of the person's actions as required under
division | 333 |
|
(E) of
this section, and also shall inform the person that
the | 334 |
|
person is required
either to appear at the time and place stated | 335 |
|
in the citation or
to comply with division (C) of section 2935.26 | 336 |
|
of the Revised
Code. | 337 |
| (D) If a person who has a current valid Ohio driver's or | 361 |
|
commercial driver's license and who was issued a citation fails
to | 362 |
|
appear at the time and place specified on the citation,
fails to | 363 |
|
comply with division (C) of section 2935.26 of the
Revised Code, | 364 |
|
or fails to comply with or satisfy any judgment of
the court | 365 |
|
within the time allowed by the court, the court shall
declare the
| 366 |
suspensionforfeiture of the person's license.
Thirty days
after | 367 |
|
the
declaration of forfeiture, the court shall enter information | 368 |
relative to the
suspensionforfeiture on a form approved and | 369 |
|
furnished by the registrar
of
motor vehicles, and forward the form | 370 |
|
to the registrar. The
registrar shall
suspend the person's | 371 |
|
driver's or commercial
driver's license, send written notification | 372 |
|
of the
suspension to
the person at the
person's last known | 373 |
|
address, and order the
person to
surrender the person's
driver's | 374 |
|
or commercial driver's
license to the registrar within forty-eight | 375 |
|
hours. No valid
driver's or commercial driver's license shall be | 376 |
|
granted to the
person until the court having jurisdiction of the | 377 |
offense that led
to the
suspensionforfeiture orders that the
| 378 |
suspensionforfeiture be
terminated. The
court shall so order if | 379 |
| the person,
after having
failed to appear
in court at the required | 380 |
| time and
place to
answer the charge or
after having pleaded guilty | 381 |
| to or
been found
guilty of the
violation and having failed within | 382 |
| the
time allowed
by the court
to pay the fine imposed by the | 383 |
| court,
thereafter
appears to answer
the charge and pays any fine | 384 |
| imposed
by the court or pays
the fine
originally imposed by the | 385 |
| court.
The
court shall inform the
registrar of the termination of | 386 |
the
suspensionforfeiture by
entering
information
relative to the | 387 |
|
termination on a form approved and
furnished by the registrar
and | 388 |
|
sending the form to the registrar
as provided in this division.
| 389 |
|
The
person
shall pay
to the bureau
of motor vehicles a | 390 |
fifteen-dollar
processingreinstatement fee to
cover the
costs of | 391 |
| the bureau
in
administering
this section. The
registrar
shall | 392 |
| deposit
the fees
so paid into the state bureau of
motor
vehicles | 393 |
| fund created by
section
4501.25 of the Revised
Code. | 394 |
| In addition, upon receipt of the copy of the declaration
of
| 395 |
suspensionforfeiture from the court, neither the registrar nor | 396 |
|
any
deputy
registrar shall accept any application for the | 397 |
|
registration or
transfer of registration of any motor vehicle | 398 |
|
owned or leased by
the person named in the declaration of
| 399 |
suspensionforfeiture until
the court
having jurisdiction of the | 400 |
offense
that led to the
suspensionforfeiture
orders that the
| 401 |
suspensionforfeiture be
terminated. However, for a motor
vehicle | 402 |
leased by a person named
in a declaration of
suspension | 403 |
| forfeiture,
the registrar shall not
implement the
preceding | 404 |
|
sentence until the
registrar adopts
procedures for that | 405 |
|
implementation under section
4503.39
of the
Revised Code. Upon | 406 |
receipt by the registrar of an
order
terminating the
suspension | 407 |
| forfeiture, the registrar shall take
such
measures as may
be | 408 |
|
necessary to permit the person to register
a
motor vehicle
owned | 409 |
|
or leased by the person or to transfer the
registration of such a | 410 |
|
motor vehicle, if the person later makes
application to take such | 411 |
|
action and the person otherwise is
eligible to register the motor | 412 |
|
vehicle
or to transfer the
registration of it. | 413 |
| (E) A law enforcement officer who issues a person a minor | 429 |
|
misdemeanor citation for an act prohibited by Chapter 4511., | 430 |
|
4513., or 4549. of the Revised Code or an act prohibited by a | 431 |
|
municipal ordinance that is substantially similar to any section | 432 |
|
contained in Chapter 4511., 4513., or 4549. of the Revised Code | 433 |
|
shall inform the person that if the person does not appear at
the | 434 |
|
time
and place stated on the citation or does not comply with | 435 |
|
division
(C) of section 2935.26 of the Revised Code, the person's | 436 |
|
driver's
or commercial driver's license will be suspended, the | 437 |
|
person will not be eligible for the reissuance of the license or | 438 |
|
the issuance
of a new license or the
issuance of a certificate of | 439 |
|
registration for a motor vehicle owned or leased
by the person, | 440 |
|
until the person appears and complies with all orders of the | 441 |
|
court. The person also is subject to any applicable criminal | 442 |
|
penalties. | 443 |
| Sec. 2937.221. (A) A person arrested without warrant for
any | 447 |
| violation listed in division (B) of this section, and having
a | 448 |
|
current valid Ohio driver's or commercial driver's license, if the | 449 |
|
person
has been notified of the possible consequences
of the | 450 |
|
person's actions as required by division (C) of this
section, may | 451 |
|
post
bond by depositing the license with the arresting officer if | 452 |
|
the
officer and person so choose, or with the local court having | 453 |
|
jurisdiction if the court and person so choose. The license may
be | 454 |
| used as bond only during the period for which it is valid. | 455 |
| If the person arrested fails to appear in court at the date | 478 |
|
and time set by the court or fails to satisfy the judgment of the | 479 |
|
court, including, but not limited to, compliance with all court | 480 |
orders within the time allowed by the court, the court may
impose | 481 |
a class seven suspensiondeclare the forfeiture of the
person's | 482 |
license
from the range
specified in division (A)(7) of
section | 483 |
4510.02 of the Revised
Code. Thirty
days
after the
suspension | 484 |
| declaration of the forfeiture, the court shall
forward
the | 485 |
|
person's
license to the registrar. The court also shall enter | 486 |
information
relative to the
suspensionforfeiture on a form | 487 |
| approved and
furnished by the registrar
and send the form to the | 488 |
registrar,
and the. The registrar shall suspend the person's | 489 |
| license and
send written
notification of the
suspension to the | 490 |
| person at the person's last
known address. No
valid driver's or | 491 |
| commercial driver's license
shall be granted to
the person until | 492 |
the
expiration of the period
of the suspension
or, prior
to the | 493 |
expiration of that period, the
court having
jurisdiction orders | 494 |
that the
suspension
isforfeiture be terminated.
If the
court | 495 |
terminates
the suspension, theThe
court shall inform the | 496 |
|
registrar
of the termination of the forfeiture
by entering | 497 |
|
information relative to
the termination on
a form
approved and | 498 |
| furnished by the registrar
and sending the
form to the registrar.
| 499 |
Upon the expiration or
termination of the suspension, the
person | 500 |
shall pay
to the bureau
of motor vehicles a processing | 501 |
| reinstatement fee
of fifteen dollars to
cover the
costs of the | 502 |
|
bureau
in administering this section. The
registrar
shall deposit | 503 |
|
the fees so
paid into the state bureau of
motor
vehicles fund | 504 |
| created by section 4501.25 of the Revised
Code. | 505 |
| In addition, upon receipt from the court of the copy of
the
| 506 |
suspensiondeclaration of forfeiture, neither the registrar
nor | 507 |
|
any deputy registrar shall
accept any application for the | 508 |
|
registration or transfer of
registration of any motor vehicle | 509 |
|
owned by or leased in the name
of the person named in the
| 510 |
suspensiondeclaration of forfeiture until the
expiration of
the | 511 |
period of the suspension or, prior to the expiration of that | 512 |
period,
the court having
jurisdiction
over the offense that led to | 513 |
the suspension issues an order
terminating the
suspension | 514 |
| forfeiture.
However, for a motor
vehicle leased in the
name of a | 515 |
person named
in a
suspensiondeclaration of forfeiture, the | 516 |
|
registrar shall not
implement the preceding
sentence until the | 517 |
|
registrar adopts procedures for
that
implementation under section | 518 |
4503.39 of the Revised Code. Upon
the
expiration of the
suspension | 519 |
or upon receipt
by the registrar
of such
an order
terminating the | 520 |
suspension,
the registrar also shall
take
the
measures
necessary | 521 |
| to permit the person to register a
motor vehicle the person owns | 522 |
| or
leases or to transfer the
registration of
a
motor vehicle
the | 523 |
| person owns or
leases if
the
person later makes a
proper | 524 |
| application and otherwise is
eligible
to be issued or to
transfer | 525 |
| a motor vehicle registration. | 526 |
| (C) No license shall be accepted as bond by an arresting | 540 |
|
officer or by a court under this section until the officer or | 541 |
|
court has notified the person that, if the person deposits the | 542 |
|
license with the officer or court and either does not appear on | 543 |
|
the date and at the time set by the officer or the court, if the | 544 |
|
court sets a time, or does not satisfy any judgment rendered, | 545 |
|
including, but not limited to, compliance with all court orders, | 546 |
|
the license will be suspended, and the person
will not be eligible | 547 |
|
for
reissuance of the license or issuance of a new license, or the | 548 |
|
issuance of a certificate of registration for a
motor vehicle | 549 |
|
owned or leased by the person until the person
appears and | 550 |
|
complies with any order issued by the court.
The person also is | 551 |
|
subject to any criminal penalties that may apply to the
person. | 552 |
| (4) "Law enforcement officer" means a sheriff, deputy | 582 |
|
sheriff, constable, marshal, deputy marshal, municipal or
township | 583 |
|
police officer, state highway patrol trooper, police
officer | 584 |
|
employed by a qualified nonprofit police department
pursuant to | 585 |
|
section 1702.80 of the Revised Code, or police
officer employed by | 586 |
|
a proprietary police department or security
department of a | 587 |
|
hospital operated by a public hospital agency or
nonprofit | 588 |
|
hospital agency pursuant to section 4973.17 of the
Revised Code. | 589 |
| (B) No insurer shall consider the circumstance that an | 593 |
|
applicant or policyholder has been involved in a motor vehicle | 594 |
|
accident while in the pursuit of the applicant's or
policyholder's | 595 |
|
official duties as a law
enforcement officer, firefighter, or | 596 |
|
operator of an emergency
vehicle or ambulance, while operating a | 597 |
|
vehicle engaged in mowing or
snow and ice removal as a county, | 598 |
|
township, or department of transportation
employee, or while | 599 |
|
operating a vehicle while engaged in the pursuit
of the | 600 |
|
applicant's or policyholder's official duties as a member
of the | 601 |
commercial motor
vehicle safetycarrier enforcement unit of the | 602 |
|
state highway patrol
under section 5503.34 of the Revised Code,
as | 603 |
|
a basis for doing either of the following: | 604 |
| (D) The employer of the law enforcement officer,
firefighter, | 618 |
| or
operator of an emergency vehicle or
ambulance,
operator of a | 619 |
| vehicle engaged in
mowing or snow and ice removal,
or operator of | 620 |
a vehicle who is a member of the
commercial
motor
vehicle safety | 621 |
| carrier enforcement
unit, except as otherwise
provided in
division | 622 |
| (F) of this section,
shall certify to the
state highway patrol or | 623 |
| law enforcement
agency that investigates
the accident whether the | 624 |
| officer,
firefighter,
or operator of an
emergency vehicle or | 625 |
| ambulance,
operator of a vehicle engaged in
mowing or snow and ice | 626 |
| removal, or operator of a vehicle who is a
member of the | 627 |
commercial motor
vehicle safetycarrier enforcement
unit, was | 628 |
| engaged in the performance of
the person's official
duties
as such | 629 |
|
employee at the time of the accident. The employer
shall
designate | 630 |
| an official authorized to make the certifications.
The state | 631 |
|
highway patrol or law enforcement agency shall include
the | 632 |
|
certification in any report of the accident forwarded to the | 633 |
|
department of public safety pursuant to sections 5502.11 and | 634 |
|
5502.12 of the Revised Code and shall forward the certification
to | 635 |
|
the department if received after the report of the accident
has | 636 |
|
been forwarded to the department. The registrar of motor
vehicles | 637 |
|
shall not include an accident in a certified abstract of | 638 |
|
information under division (A) of section 4509.05 of the Revised | 639 |
|
Code, if the person involved has been so certified as having been | 640 |
|
engaged in the performance of the person's official duties
at the | 641 |
|
time of
the accident. | 642 |
| (F) Division (B) of this section does not apply if an | 647 |
|
applicant or policyholder, on the basis of the applicant's or | 648 |
|
policyholder's involvement in an
accident described in that | 649 |
|
division, is convicted of or pleads
guilty or no contest to a | 650 |
|
violation of section 4511.19 of the
Revised Code; of a municipal | 651 |
|
ordinance relating to operating a
vehicle while under the | 652 |
|
influence of alcohol, a drug of abuse, or
alcohol and a drug of | 653 |
|
abuse; or of a municipal ordinance relating
to operating a vehicle | 654 |
|
with a prohibited concentration of alcohol
in the blood, breath, | 655 |
|
or urine, or other bodily substance. | 656 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 699 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 700 |
|
other than muscular power or power collected from
overhead
| 701 |
|
electric trolley wires.
"Motor
vehicle" does not include
motorized
| 702 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 703 |
|
cranes, and other
equipment used in construction
work and
not
| 704 |
|
designed for or
employed in general highway
transportation,
| 705 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 706 |
|
trailers that are used
to transport
agricultural produce or
| 707 |
|
agricultural production
materials
between a local place of storage
| 708 |
|
or supply and the farm
when
drawn or towed on a public road or
| 709 |
|
highway at a speed of
twenty-five miles per hour or less,
| 710 |
|
threshing machinery,
hay-baling machinery, corn sheller,
| 711 |
|
hammermill and agricultural
tractors, machinery used in the
| 712 |
|
production of horticultural,
agricultural, and vegetable products,
| 713 |
|
and trailers that are
designed and
used exclusively to transport a
| 714 |
|
boat between a
place of storage
and a marina, or in and around a
| 715 |
|
marina, when
drawn or towed on a
public road or highway for a
| 716 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 717 |
|
miles per hour
or less. | 718 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 733 |
|
agricultural tractor or traction engine that is of special
| 734 |
|
interest,
that has a fair market value of one hundred dollars or
| 735 |
|
more,
whether operable or not, and that is owned, operated,
| 736 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 737 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 738 |
|
owner's principal means of transportation.
"Licensed
collector's
| 739 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 740 |
|
tractor or traction engine, that displays current,
valid license
| 741 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 742 |
|
similar type of motor vehicle that displays current,
valid
license
| 743 |
|
tags issued under substantially equivalent
provisions in
the laws
| 744 |
|
of other states. | 745 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 776 |
|
designed or used for carrying property or persons wholly on
its
| 777 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 778 |
|
any such vehicle that is formed by or operated as a
combination of
| 779 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 780 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 781 |
|
agricultural produce or agricultural production
materials between
| 782 |
|
a local place of storage or supply and the farm
when drawn or
| 783 |
|
towed on a public road or highway at a speed
greater than
| 784 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 785 |
|
used exclusively to transport a boat between a
place of
storage
| 786 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 787 |
|
public road or highway for a distance of
more than ten
miles or at
| 788 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 789 |
|
not include a manufactured home or
travel trailer. | 790 |
| (O)
"Mobile home" means a building
unit or assembly of
closed
| 798 |
|
construction that is fabricated in an off-site
facility,
is
more
| 799 |
|
than thirty-five body
feet in length or, when erected
on
site, is
| 800 |
|
three hundred
twenty or more square feet, is built
on a
permanent
| 801 |
|
chassis, is
transportable in one or more
sections, and
does not
| 802 |
|
qualify as
a manufactured home as
defined in division
(C)(4) of
| 803 |
|
section 3781.06
of the Revised
Code or as an
industrialized unit
| 804 |
|
as defined in division (C)(3)
of section
3781.06 of the Revised
| 805 |
|
Code. | 806 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 807 |
|
does not have motive power and is so designed or used with
another
| 808 |
|
and
separate motor vehicle that in operation a part of
its own
| 809 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 810 |
|
the other vehicle
furnishing the motive power for
propelling
| 811 |
|
itself
and the vehicle referred to in this division,
and includes,
| 812 |
|
for
the purpose only of registration and taxation
under those
| 813 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 814 |
|
that is designed or used for the conversion of a
semitrailer into
| 815 |
|
a
trailer. | 816 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms | 877 |
| that are regularly engaged in the
business
of
manufacturing, | 878 |
| selling, displaying, offering for
sale, or
dealing
in motor | 879 |
| vehicles, at an established place of
business
that is
used | 880 |
| exclusively for the purpose of
manufacturing,
selling,
displaying, | 881 |
| offering for sale, or
dealing in motor
vehicles. A
place of | 882 |
| business that is used for
manufacturing,
selling,
displaying, | 883 |
| offering for sale, or
dealing in motor
vehicles shall
be deemed to | 884 |
| be used exclusively
for those purposes
even though
snowmobiles or | 885 |
| all-purpose
vehicles are sold or
displayed for
sale
thereat, even | 886 |
| though
farm machinery is sold or
displayed
for
sale
thereat, or | 887 |
| even
though repair, accessory,
gasoline
and oil,
storage, parts, | 888 |
|
service, or paint departments
are
maintained
thereat, or, in any | 889 |
|
county having a population of
less than
seventy-five thousand
at | 890 |
| the last federal
census,
even
though a department in
a place of | 891 |
| business is used to
dismantle,
salvage, or rebuild
motor vehicles | 892 |
| by means of used
parts, if
such
departments are
operated for the | 893 |
| purpose of
furthering and
assisting in the
business of | 894 |
| manufacturing,
selling, displaying,
offering for
sale, or dealing | 895 |
| in motor
vehicles. Places of
business or
departments in a place of
| 896 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 897 |
|
means of using
used parts
are not
considered as being
maintained
| 898 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 899 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 900 |
|
vehicles. | 901 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 904 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 905 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 906 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 907 |
|
compensation, or profit, either persons or property owned by
| 908 |
|
another. Any operator of a motor vehicle who is voluntarily
| 909 |
|
involved in
a ridesharing arrangement is not considered an
| 910 |
|
employee for hire
or operating such vehicle for gain,
| 911 |
|
compensation, or profit. | 912 |
| (LL)
"Chauffeured limousine" means a motor vehicle
that is
| 982 |
|
designed to carry nine or fewer passengers
and is operated for
| 983 |
|
hire on an hourly basis pursuant to a prearranged contract for
the
| 984 |
|
transportation of passengers on public roads and highways
along a
| 985 |
|
route under the control of the person hiring the vehicle
and not
| 986 |
|
over a defined and regular route.
"Prearranged contract"
means an
| 987 |
|
agreement, made in advance of boarding, to provide
transportation
| 988 |
|
from a specific location in a chauffeured
limousine at a fixed
| 989 |
|
rate per hour or trip.
"Chauffeured
limousine" does not include
| 990 |
|
any vehicle that is used exclusively
in the
business of funeral
| 991 |
|
directing. | 992 |
| The registrar shall administer the laws of the state
relative | 1030 |
| to the registration of and certificates of title for
motor | 1031 |
| vehicles, and the licensing of motor vehicle dealers, motor | 1032 |
|
vehicle leasing dealers, distributors, and salespersons, and of | 1033 |
|
motor vehicle salvage dealers, salvage motor vehicle auctions,
and | 1034 |
| salvage motor vehicle pools. The registrar also shall, in | 1035 |
|
accordance with section 4503.61 of the Revised Code, take those | 1036 |
|
steps necessary to enter this state into membership in the | 1037 |
|
international registration plan and carry out the
registrar's | 1038 |
| other duties
under that section. The registrar, with the approval | 1039 |
| of the
director of public safety, may do all of the following: | 1040 |
| All laws relating to the licensing of motor vehicle
dealers, | 1069 |
| motor vehicle leasing dealers, distributors, and
salespersons, and | 1070 |
| of motor vehicle salvage dealers, salvage motor
vehicle auctions, | 1071 |
| and salvage motor vehicle pools, designating
and granting power to | 1072 |
| the registrar shall be liberally construed
to the end that the | 1073 |
| practice or commission of fraud in the
business of selling motor | 1074 |
| vehicles and of disposing of salvage
motor vehicles may be | 1075 |
| prohibited and prevented. | 1076 |
| Sec. 4501.021. (A)
Notwithstanding sections 149.33 to 149.34 | 1081 |
|
of the Revised Code, the registrar of motor vehicles shall | 1082 |
|
determine the methods for obtaining, collecting, recording, and | 1083 |
|
maintaining the records of the bureau of motor vehicles and of | 1084 |
|
deputy registrars that pertain to driver's or commercial driver's | 1085 |
|
licenses, identification cards, and vehicle registrations, | 1086 |
|
including photographic or digitalized images, and electronic or | 1087 |
|
digitalized signatures. The registrar may choose methods
including | 1088 |
| paper, film, digital or other electronic media, or any
other media | 1089 |
| that reasonably allows for recording, maintaining, and
retrieving | 1090 |
| the records in a reliable manner. | 1091 |
(B)(C) Each deputy registrar shall
retain in the deputy | 1101 |
|
registrar's office a file containing copies
of all records and | 1102 |
|
transactions performed for the bureau.
Copies of motor vehicle | 1103 |
|
registration applications shall be
retained for a period of | 1104 |
|
eighteen months from the date of the
record or transaction, | 1105 |
|
whichever is later; copies of driver's license or
identification | 1106 |
|
card applications shall be retained
for a period of four years | 1107 |
|
from the date of the record or
transaction, whichever is later; | 1108 |
|
and all other records shall be
retained for a period of three | 1109 |
|
years from the date of the record
or transaction, whichever is | 1110 |
|
later. The retained records shall
be available for public | 1111 |
|
examination, but no person may make
copies of the records for sale | 1112 |
|
or distribution. | 1113 |
| (B) The registrar shall not contract with any person to
act | 1147 |
|
as a deputy registrar if the person or, where applicable,
the | 1148 |
|
person's spouse or a member of
the person's
immediate family
has | 1149 |
|
made, within the current calendar year or any one of the
previous | 1150 |
|
three calendar years, one or more contributions totaling
in excess | 1151 |
|
of
one
hundred dollars to any person or entity included
in | 1152 |
|
division
(A)(2) of section
4503.033 of the Revised
Code. As
used | 1153 |
|
in this
division,
"immediate family" has the same
meaning as
in | 1154 |
|
division
(D) of section 102.01 of the Revised Code,
and
"entity" | 1155 |
|
includes
any political party and any
"continuing
association" as | 1156 |
|
defined
in division (B)(4) of section 3517.01 of
the Revised Code | 1157 |
|
or
"political action committee" as defined in
division (B)(8) of | 1158 |
|
that section that is primarily associated with
that political | 1159 |
|
party. For purposes of this division,
contributions to any | 1160 |
|
continuing association or any political
action committee that is | 1161 |
|
primarily associated with a political
party shall be aggregated | 1162 |
|
with contributions to that political
party. | 1163 |
| (C)(1) Except as provided in division (C)(2) of this
section, | 1176 |
| deputy registrars are independent contractors and
neither
they nor | 1177 |
| their employees are employees of this state,
except that
nothing | 1178 |
| in this section shall affect the status of
county auditors
or | 1179 |
| clerks of courts of common pleas as public
officials, nor the | 1180 |
|
status of their
employees as employees of any
of the counties of | 1181 |
|
this state,
which
are political subdivisions of
this state. Each | 1182 |
|
deputy
registrar
shall be responsible for the
payment of all | 1183 |
|
unemployment
compensation premiums, all workers'
compensation | 1184 |
|
premiums, social
security contributions, and any and
all taxes
for | 1185 |
|
which
the
deputy registrar is legally
responsible.
Each
deputy | 1186 |
|
registrar
shall comply with all
applicable federal,
state, and | 1187 |
|
local
laws
requiring the
withholding of income taxes or
other | 1188 |
|
taxes from the
compensation
of
the deputy registrar's
employees. | 1189 |
|
Each
deputy
registrar
shall maintain during the entire
term of
| 1190 |
|
the
deputy
registrar's contract a policy of business
liability | 1191 |
|
insurance
satisfactory to the registrar and shall hold
the | 1192 |
|
department of
public safety,
the director of public safety,
the | 1193 |
|
bureau of motor
vehicles, and the registrar
harmless upon any
and | 1194 |
|
all claims for
damages arising out of the operation of
the
deputy | 1195 |
|
registrar
agency. | 1196 |
| (D)(1) With the approval of the director, the registrar
shall | 1201 |
|
adopt rules governing the terms of the contract between the | 1202 |
|
registrar and each deputy registrar and specifications for the | 1203 |
|
services to be performed. The rules shall include specifications | 1204 |
|
relating to the amount of bond to be given as provided in this | 1205 |
|
section; the size and location of the deputy's office;
and the | 1206 |
|
leasing
of equipment necessary to conduct the vision screenings | 1207 |
|
required
under section 4507.12 of the Revised Code and training
in | 1208 |
|
the use
of the equipment. The specifications shall permit and | 1209 |
|
encourage
every deputy registrar to inform the public of the | 1210 |
|
location of
the deputy registrar's office and hours of
operation | 1211 |
|
by means of
public service announcements and allow any
deputy | 1212 |
|
registrar to
advertise in regard to the operation of the
deputy | 1213 |
|
registrar's
office. The
rules also shall include
specifications | 1214 |
|
for the hours
the
deputy's office is to be open to
the public and | 1215 |
|
shall require
as
a minimum that one deputy's office
in each county | 1216 |
|
be open to
the
public for at least four hours each
weekend, | 1217 |
|
provided that if
only one deputy's office is located
within the | 1218 |
|
boundary of the
county seat, that office is the office
that shall | 1219 |
|
be open for the
four-hour period each weekend, and that
every | 1220 |
|
deputy's office in
each county shall be open to the public
until | 1221 |
|
six-thirty p.m. on
at least one weeknight each week. The
rules | 1222 |
|
also shall include
specifications providing that every
deputy in | 1223 |
|
each county, upon
request, provide any person with
information | 1224 |
|
about the location
and office hours of all deputy
registrars in | 1225 |
|
the county and that
every deputy
prominently display within
the | 1226 |
deputy's
the
deputy registrar's office, the toll-free
telephone | 1227 |
|
number of the bureau.
The
rules shall not prohibit the
award of a | 1228 |
|
deputy registrar
contract
to a
nonprofit corporation
formed under | 1229 |
|
the laws of this
state.
The rules shall
prohibit any
deputy | 1230 |
|
registrar from
operating more
than one such
office at any
time, | 1231 |
|
except that the
rules may permit
a nonprofit
corporation
formed | 1232 |
|
for the purposes
of providing
automobile-related services
to its | 1233 |
|
members or the
public and that
provides such services from
more | 1234 |
|
than one location
in this state
to operate a deputy registrar | 1235 |
|
office at any such
location,
provided that the nonprofit | 1236 |
|
corporation operates no more
than one
deputy registrar office in | 1237 |
|
any one county. The rules may
include
such other specifications
as | 1238 |
| the registrar and director
consider
necessary to provide a high | 1239 |
|
level of service. | 1240 |
| (E) Unless otherwise terminated and except for interim | 1250 |
|
contracts of less than one year, contracts with deputy registrars | 1251 |
|
shall be for a term of at least two years, but no more than three | 1252 |
|
years, and all contracts effective on or after July 1, 1996, shall | 1253 |
|
be for a term of more than two years, but not more than three | 1254 |
|
years. All contracts with deputy registrars shall expire on the | 1255 |
thirtieth daylast Saturday of June in the year of their | 1256 |
|
expiration. The
auditor of state may examine the accounts, | 1257 |
|
reports, systems, and
other data of each deputy registrar at least | 1258 |
|
every two years.
The
registrar, with the approval of the director, | 1259 |
|
shall
immediately
remove a deputy who violates any provision of | 1260 |
|
the
Revised Code
related to
the duties as a deputy, any rule | 1261 |
|
adopted by the
registrar, or a term of
the deputy's contract
with | 1262 |
|
the
registrar.
The registrar also may remove a deputy who, in the | 1263 |
|
opinion of the
registrar, has engaged in any conduct that is | 1264 |
|
either unbecoming
to
one representing this state or is | 1265 |
|
inconsistent with the
efficient
operation of the deputy's office. | 1266 |
Upon removal of a
deputy
registrar for contract violation, the | 1267 |
auditor of state
shall
examine the accounts, records, systems, and | 1268 |
other data of
the
deputy registrar so removed. | 1269 |
| If the registrar, with the approval of the director, | 1270 |
|
determines that there is good cause to believe that a deputy | 1271 |
|
registrar or a person proposing for a deputy registrar contract | 1272 |
|
has engaged in any conduct that would require the denial or | 1273 |
|
termination of the deputy registrar contract, the registrar may | 1274 |
|
require the production of
books, records, and papers as
the | 1275 |
|
registrar determines are necessary, and may take the
depositions | 1276 |
|
of
witnesses residing within or outside the state in
the same | 1277 |
|
manner
as is prescribed by law for the taking of
depositions in | 1278 |
|
civil
actions in the court of common pleas, and for
that purpose | 1279 |
|
the
registrar may issue a subpoena for any witness or
a subpoena | 1280 |
|
duces tecum to compel the production of any books,
records, or | 1281 |
|
papers, directed to the sheriff of the county where
the witness | 1282 |
|
resides or is found. Such a subpoena shall be served
and
returned | 1283 |
|
in the same manner as a subpoena in a criminal case
is
served and | 1284 |
|
returned. The fees and mileage of the sheriff and
witnesses shall | 1285 |
|
be the same as that allowed in the court of
common
pleas in | 1286 |
|
criminal cases and shall be paid from the fund in
the
state | 1287 |
|
treasury for the use of the agency in the same manner
as
other | 1288 |
|
expenses of the agency are paid. | 1289 |
| In any case of disobedience or neglect of any subpoena
served | 1290 |
|
on any person or the refusal of any witness to testify to
any | 1291 |
|
matter regarding which
the witness lawfully may be
interrogated, | 1292 |
|
the court of common pleas of any county where the
disobedience, | 1293 |
|
neglect, or refusal occurs or any judge
of
that court, on | 1294 |
|
application
by the registrar, shall compel
obedience by attachment | 1295 |
|
proceedings for contempt, as in the case
of disobedience of the | 1296 |
|
requirements of a subpoena issued from
that court, or a refusal
to | 1297 |
|
testify
in that court. | 1298 |
| (F) Except as provided in section 2743.03 of the Revised | 1303 |
|
Code, no court, other than the court of common pleas of Franklin | 1304 |
|
county, has jurisdiction of any action against the department of | 1305 |
|
public safety, the director, the bureau, or the registrar to | 1306 |
|
restrain the exercise of any power or authority, or to
entertain | 1307 |
|
any action for declaratory judgment, in the selection
and | 1308 |
|
appointment of, or contracting with, deputy registrars.
Neither | 1309 |
|
the department, the director, the bureau, nor the
registrar is | 1310 |
|
liable in any action at law for damages sustained by
any person | 1311 |
|
because of any acts of the department, the director,
the bureau, | 1312 |
|
or the registrar,
or of any employee of the
department or bureau, | 1313 |
|
in
the performance of
official duties in
the selection and | 1314 |
|
appointment of, and contracting with, deputy
registrars. | 1315 |
| (G) The registrar shall assign to each deputy registrar a | 1316 |
|
series of numbers sufficient to supply the demand at all times in | 1317 |
|
the area the deputy registrar serves, and the registrar shall
keep | 1318 |
|
a record in
the registrar's office of the numbers
within the | 1319 |
|
series assigned. Each deputy shall be required to give bond in
the | 1320 |
|
amount of at least twenty-five thousand dollars, or in such
higher | 1321 |
| amount as the registrar determines necessary, based on a
uniform | 1322 |
| schedule of bond amounts established by the registrar and | 1323 |
|
determined by the volume of registrations handled by the deputy. | 1324 |
|
The form of the bond shall be prescribed by the registrar. The | 1325 |
|
bonds required of deputy registrars, in the discretion of the | 1326 |
|
registrar, may be individual or schedule bonds or may be included | 1327 |
|
in any blanket bond coverage carried by the department. | 1328 |
| (1) Each deputy registrar shall be allowed the increased fee | 1345 |
|
otherwise allowed in those sections and commencing on January 1, | 1346 |
|
2003, for performing the services specified in those sections only | 1347 |
|
if the deputy registrars achieve a statewide satisfaction rate of | 1348 |
|
at least ninety per cent on the survey conducted by the registrar | 1349 |
|
of motor vehicles under this section. If the deputy registrars | 1350 |
|
fail to achieve a statewide satisfaction rate of at least ninety | 1351 |
|
per cent on the survey, the fee for performing the services | 1352 |
|
specified in those sections shall remain at the rate in effect for | 1353 |
|
the immediately preceding year. | 1354 |
| (2) Each deputy registrar shall be allowed the increased fee | 1355 |
|
otherwise allowed in those sections and commencing on January 1, | 1356 |
|
2004, for performing the services specified in those sections only | 1357 |
|
if the deputy registrars achieve a statewide satisfaction rate of | 1358 |
|
at least ninety per cent on the survey conducted by the registrar | 1359 |
|
under this section. If the deputy registrars fail to achieve a | 1360 |
|
statewide satisfaction rate of at least ninety per cent on the | 1361 |
|
survey, the fee for performing the services specified in those | 1362 |
|
sections shall remain at the rate in effect for the immediately | 1363 |
|
preceding year. | 1364 |
| (B) The registrar shall develop and conduct a survey | 1365 |
|
evaluating public satisfaction with the conduct of services by | 1366 |
|
deputy registrars under sections 4503.10, 4503.102, 4503.12, | 1367 |
|
4503.182,
4503.24, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, | 1368 |
|
4519.03,
4519.05,
4519.10, 4519.56, and 4519.69 of the Revised | 1369 |
|
Code. In developing
the survey, the registrar also shall
establish | 1370 |
| standards that
shall enable a deputy registrar to
achieve a ninety | 1371 |
| per cent
satisfaction rating. The ninety per
cent satisfaction | 1372 |
| rate
required under divisions (A)(1) and (2) of
this section as a | 1373 |
|
condition to increasing the service fees shall
be determined on a | 1374 |
|
statewide basis and not on an individual basis.
The registrar | 1375 |
|
shall conduct the survey in 2002 to determine the
satisfaction | 1376 |
|
rating for purposes of division (A)(1) of this
section and shall | 1377 |
|
conduct the survey again in 2003 to determine
the satisfaction | 1378 |
|
rating for purposes of division (A)(2) of this
section. | 1379 |
| "Transit bus" means either a motor vehicle having a seating | 1468 |
|
capacity of more than seven persons which is operated and used by | 1469 |
|
any person in the rendition of a public mass transportation | 1470 |
|
service primarily in a municipal corporation or municipal | 1471 |
|
corporations and provided at least seventy-five per cent of the | 1472 |
|
annual mileage of such service and use is within such municipal | 1473 |
|
corporation or municipal corporations or a motor vehicle having a | 1474 |
|
seating capacity of more than seven persons which is operated | 1475 |
|
solely for the transportation of persons associated with a | 1476 |
|
charitable or nonprofit corporation, but does not mean any motor | 1477 |
|
vehicle having a seating capacity of more than seven persons when | 1478 |
|
such vehicle is used in a ridesharing capacity
or any bus | 1479 |
|
described by division (F)(3) of this section. | 1480 |
| The application for registration of such transit bus shall
be | 1481 |
|
accompanied by an affidavit prescribed by the registrar of
motor | 1482 |
|
vehicles and signed by the person or an agent of the firm
or | 1483 |
|
corporation operating such bus stating that the bus has a
seating | 1484 |
|
capacity of more than seven persons, and that it is
either to be | 1485 |
|
operated and used in the rendition of a public mass
transportation | 1486 |
|
service and that at least seventy-five per cent of
the annual | 1487 |
|
mileage of such operation and use shall be within one
or more | 1488 |
|
municipal corporations or that it is to be operated
solely for the | 1489 |
|
transportation of persons associated with a
charitable or | 1490 |
|
nonprofit corporation. | 1491 |
(K)(J)(1) Except as otherwise provided in division
(K)(J) of | 1499 |
|
this section, for each farm truck, except a noncommercial motor | 1500 |
|
vehicle, that is owned, controlled, or operated by one or more | 1501 |
|
farmers exclusively in farm use as defined in this section, and | 1502 |
|
not for commercial purposes, and provided that at least | 1503 |
|
seventy-five per cent of such farm use is by or for the one or | 1504 |
|
more owners, controllers, or operators of the farm in the | 1505 |
|
operation of which a farm truck is used, the license tax is five | 1506 |
|
dollars plus: | 1507 |
(L)(K) Other than trucks registered under the international | 1553 |
|
registration plan in another jurisdiction and for which this
state | 1554 |
|
has received an apportioned registration fee, the license
tax for | 1555 |
|
each truck which is owned, controlled, or operated by a | 1556 |
|
nonresident, and licensed in another state, and which is used | 1557 |
|
exclusively for the transportation of nonprocessed agricultural | 1558 |
|
products intrastate, from the place of production to the place of | 1559 |
|
processing, is twenty-four dollars. | 1560 |
(O)(N) Every person registering as a passenger car a motor | 1590 |
|
vehicle designed and used for carrying more than nine but not
more | 1591 |
|
than fifteen passengers, and every person registering a bus
as | 1592 |
provided in division
(H)(8)(G) of this section, shall furnish an | 1593 |
|
affidavit certifying that the vehicle so licensed to the
person is | 1594 |
|
to be
used in a ridesharing arrangement and that the person will | 1595 |
|
have in effect
whenever the vehicle is used in a ridesharing | 1596 |
|
arrangement a
policy of liability insurance with respect to the | 1597 |
|
motor vehicle
in amounts and coverages no less than those required | 1598 |
|
by section
4509.79 of the Revised Code. The form of the license | 1599 |
|
plate
issued for such a motor vehicle shall be prescribed by the | 1600 |
|
registrar. | 1601 |
| (3) "Farm truck" means a truck used in the transportation | 1609 |
|
from the farm of products of the farm, including livestock and
its | 1610 |
|
products, poultry and its products, floricultural and | 1611 |
|
horticultural products, and in the transportation to the farm of | 1612 |
|
supplies for the farm, including tile, fence, and every other | 1613 |
|
thing or commodity used in agricultural, floricultural, | 1614 |
|
horticultural, livestock, and poultry production and livestock, | 1615 |
|
poultry, and other animals and things used for breeding, feeding, | 1616 |
|
or other purposes connected with the operation of the farm. | 1617 |
| Sec. 4503.041. (A) The original owner of any trailer weighing | 1625 |
|
four thousand
pounds
or less and used exclusively for | 1626 |
noncommercial purposes
shall, upon
application
for initial | 1627 |
|
registration,
shall obtain and present such evidence of the | 1628 |
|
trailer's
weight as the registrar
of motor vehicles may require. | 1629 |
|
Whenever an application for registration
other than an initial | 1630 |
|
application by the original owner is made for a trailer
to which | 1631 |
|
this section applies, the application shall be accompanied by an | 1632 |
|
affidavit, prescribed by the registrar and signed by the present | 1633 |
|
owner,
stating
that the weight of the trailer is the same as that | 1634 |
|
indicated by the evidence
obtained and presented for initial | 1635 |
|
registration by the original owner, and no
other evidence of | 1636 |
|
weight shall be required. This section does not apply to the
owner | 1637 |
| of a boat trailer being registered in accordance with
section | 1638 |
| 4503.173 of
the Revised Code. | 1639 |
| (C) In addition to the license taxes imposed at the rates | 1743 |
|
specified in divisions (A) and (B) of this section, an | 1744 |
administrative fee of twothree dollars and twenty-five cents, | 1745 |
| plus an
appropriate amount to cover the cost of postage, shall be | 1746 |
|
collected by the registrar for each international registration | 1747 |
|
plan license processed by the registrar. If the deputy registrar | 1748 |
| fees are increased on January 1, 2004, in accordance with section | 1749 |
| 4503.034 of the Revised Code, the administrative fee collected | 1750 |
| under this section is three dollars and fifty cents, commencing on | 1751 |
| that date, plus postage. | 1752 |
| Sec. 4503.10. (A) The owner of every snowmobile,
off-highway | 1771 |
| motorcycle,
and
all-purpose vehicle required to be
registered | 1772 |
| under section
4519.02 of the Revised
Code shall file an | 1773 |
|
application
for registration under section 4519.03 of the
Revised | 1774 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 1775 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 1776 |
|
designed and constructed by the
manufacturer for operation on a | 1777 |
|
street or highway may not
register it under this chapter except | 1778 |
|
upon certification of
inspection pursuant to section 4513.02 of | 1779 |
|
the
Revised
Code by the sheriff, or the chief of
police of the | 1780 |
|
municipal corporation or township, with jurisdiction
over the | 1781 |
|
political
subdivision in which the owner of the motor
vehicle | 1782 |
|
resides.
Except as provided in section 4503.103
of the Revised | 1783 |
|
Code, every
owner of every other motor vehicle
not previously | 1784 |
|
described in
this section and every
person mentioned as owner in | 1785 |
|
the last
certificate of title of a motor vehicle
that
is operated | 1786 |
|
or driven
upon the public roads or highways shall
cause to be | 1787 |
|
filed each
year, by mail or otherwise, in the office
of the | 1788 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 1789 |
|
electronic
application or a preprinted registration renewal
notice | 1790 |
|
issued
under section 4503.102 of the Revised Code, the form of | 1791 |
|
which
shall be prescribed by the registrar, for registration for | 1792 |
|
the
following registration year, which shall begin on the first | 1793 |
|
day of
January of every calendar year and end on the thirty-first | 1794 |
|
day of
December in the same year. Applications for registration | 1795 |
|
and
registration renewal notices shall be filed at the times | 1796 |
|
established by the registrar pursuant to section 4503.101 of the | 1797 |
|
Revised Code. A motor vehicle owner also may elect to apply for
or | 1798 |
| renew a
motor
vehicle registration by electronic means using | 1799 |
|
electronic
signature in
accordance with rules adopted by the | 1800 |
|
registrar.
Except
as provided in division (J) of this
section, | 1801 |
|
applications
for registration shall be made on blanks
furnished by | 1802 |
|
the
registrar for that purpose, containing the
following | 1803 |
|
information: | 1804 |
| (6) Whether the fees required to be paid for the
registration | 1826 |
| or transfer of the motor vehicle, during the
preceding | 1827 |
| registration year and during the preceding period of
the
current | 1828 |
| registration year, have been paid. Each application
for | 1829 |
|
registration shall be signed by the owner, either
manually or by | 1830 |
|
electronic signature, or pursuant to
obtaining a limited power of | 1831 |
|
attorney authorized by the registrar for
registration, or other | 1832 |
|
document authorizing such signature. If the owner
elects to apply | 1833 |
|
for or renew
the motor vehicle registration with the registrar by | 1834 |
|
electronic
means, the owner's manual signature is not required. | 1835 |
| (B) Each time an applicant first registers a motor
vehicle
in | 1844 |
| the applicant's name, the
applicant shall present for
inspection a | 1845 |
| physical
certificate of title or a memorandum
certificate
showing | 1846 |
| title to
the motor vehicle to be registered in
the name of the | 1847 |
|
applicant if a physical certificate of title or
memorandum | 1848 |
| certificate has been issued by a clerk of a court of
common pleas. | 1849 |
| If, under sections 4505.021, 4505.06, and 4505.08
of the Revised | 1850 |
| Code, a clerk instead has issued an electronic
certificate of | 1851 |
| title for the applicant's motor vehicle, that
certificate may be | 1852 |
| presented for inspection at the time of first
registration in a | 1853 |
| manner prescribed by rules adopted by the
registrar. When a
motor | 1854 |
| vehicle inspection and maintenance
program is in effect
under | 1855 |
| section 3704.14 of the Revised Code and
rules adopted under
it, | 1856 |
| each application for registration for a
vehicle required to
be | 1857 |
| inspected under that section and those
rules shall be
accompanied | 1858 |
| by an inspection certificate for the
motor vehicle
issued in | 1859 |
| accordance with that section. The
application shall be
refused if | 1860 |
| any of the following applies: | 1861 |
| This section does not require the payment of license or | 1878 |
|
registration taxes on a motor vehicle for any preceding year, or | 1879 |
|
for any preceding period of a year, if the motor vehicle was not | 1880 |
|
taxable for that preceding year or period under sections 4503.02, | 1881 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 1882 |
|
Revised Code. When a certificate of registration is issued upon | 1883 |
|
the first registration of a motor vehicle by or on behalf of the | 1884 |
|
owner, the official issuing the certificate shall indicate the | 1885 |
|
issuance with a stamp on the certificate of title or memorandum | 1886 |
|
certificate or, in the case of an electronic certificate of title, | 1887 |
|
an electronic stamp or other notation as specified in rules | 1888 |
|
adopted by the registrar, and with a stamp on the inspection | 1889 |
|
certificate for the motor
vehicle, if any. The official also
shall | 1890 |
| indicate, by a stamp or
by other means the registrar
prescribes, | 1891 |
| on the
registration certificate issued upon the first
registration | 1892 |
| of a
motor vehicle by or on behalf of the owner the
odometer | 1893 |
| reading
of
the motor vehicle as shown in the odometer
statement | 1894 |
| included
in
or attached to the certificate of title.
Upon each | 1895 |
| subsequent
registration of the motor vehicle by or on
behalf of | 1896 |
| the same
owner, the official also shall so indicate the
odometer | 1897 |
| reading
of
the motor vehicle as shown on the immediately
preceding | 1898 |
|
certificate of registration. | 1899 |
| (C)(1) Commencing with each registration renewal with an | 1905 |
| expiration date on or after October 1, 2003, and for each initial | 1906 |
| application for registration received on and after that date, the | 1907 |
| registrar and each deputy registrar shall collect an additional | 1908 |
| fee of eleven dollars for each application for registration and | 1909 |
| registration renewal received. The additional fee is for the | 1910 |
| purpose of defraying the department of public safety's costs | 1911 |
| associated with the administration and enforcement of the motor | 1912 |
| vehicle and traffic laws of Ohio. Each deputy registrar shall | 1913 |
| transmit the fees collected under division (C)(1) of this section | 1914 |
| in the time and manner provided in this section. The registrar | 1915 |
| shall deposit all moneys received under division (C)(1) of this | 1916 |
| section into the state highway safety fund established in section | 1917 |
| 4501.06 of the Revised Code. | 1918 |
| (2) In addition, a charge of twenty-five cents shall be
made | 1919 |
|
for each reflectorized safety license plate issued, and a single | 1920 |
|
charge
of twenty-five cents shall be made for each county | 1921 |
|
identification sticker
or each set of county
identification | 1922 |
|
stickers issued, as the case may be, to cover the cost
of | 1923 |
|
producing the license plates and
stickers, including material, | 1924 |
|
manufacturing, and administrative costs. Those
fees shall be in | 1925 |
|
addition to the
license tax. If the total cost of producing the | 1926 |
|
plates is less
than twenty-five cents per plate, or if the total | 1927 |
|
cost of
producing the stickers is less than twenty-five cents per | 1928 |
|
sticker or
per set issued, any excess moneys accruing from the | 1929 |
|
fees shall be distributed
in the same manner as provided by | 1930 |
|
section 4501.04 of the Revised
Code for the distribution of | 1931 |
|
license tax moneys. If the total
cost of producing the plates | 1932 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 1933 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 1934 |
|
per set issued, the difference shall
be paid from the
license tax | 1935 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 1936 |
| (D) Each deputy registrar shall be allowed a fee of
two | 1937 |
|
dollars and
seventy-five cents
commencing on July 1,
2001, three | 1938 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 1939 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 1940 |
|
each application for
registration and registration
renewal notice | 1941 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 1942 |
|
compensating the deputy
registrar for the deputy
registrar's | 1943 |
|
services, and such
office and rental expenses,
as may
be necessary | 1944 |
|
for the proper discharge of the deputy registrar's
duties in the | 1945 |
|
receiving of applications and renewal notices and
the issuing of | 1946 |
|
registrations. | 1947 |
| (F) Each deputy registrar, upon receipt of any application | 1951 |
|
for
registration or registration renewal notice, together with the | 1952 |
|
license fee and any
local motor
vehicle license tax levied | 1953 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 1954 |
|
fee and tax, if any, in the
manner provided in this section, | 1955 |
|
together with the original and
duplicate copy of the application, | 1956 |
|
to the registrar. The
registrar, subject to the approval of the | 1957 |
|
director of public
safety, may deposit the funds collected by | 1958 |
|
those deputies in a
local bank or depository to the credit of the | 1959 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 1960 |
|
depository
has been designated by the registrar, each deputy | 1961 |
|
registrar shall deposit
all moneys collected by the deputy | 1962 |
|
registrar into that bank
or depository not more than one business | 1963 |
|
day after their collection and shall
make
reports to the registrar | 1964 |
|
of the amounts so deposited, together
with any other information, | 1965 |
|
some of which may be prescribed by
the treasurer of state, as the | 1966 |
|
registrar may require and as
prescribed by the registrar by rule. | 1967 |
|
The registrar, within three
days after receipt of notification of | 1968 |
|
the deposit of funds by a
deputy registrar in a local bank or | 1969 |
|
depository, shall draw on that
account
in favor of the treasurer | 1970 |
|
of state. The registrar, subject to
the approval of the director | 1971 |
|
and the treasurer of state, may make
reasonable rules necessary | 1972 |
|
for the prompt transmittal of fees and
for safeguarding the | 1973 |
|
interests of the state and of counties,
townships, municipal | 1974 |
|
corporations, and transportation
improvement districts levying | 1975 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 1976 |
|
charges usually collected by banks and depositories for
such | 1977 |
|
service. If deputy registrars are located in
communities where | 1978 |
|
banking facilities are not available, they shall transmit the
fees | 1979 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 1980 |
|
approved by the director and the treasurer of state, may | 1981 |
|
prescribe. The registrar may pay the usual and customary fees
for | 1982 |
|
such service. | 1983 |
| (G) This section does not prevent any person from making
an | 1984 |
|
application for a motor vehicle license directly to the
registrar | 1985 |
|
by mail, by electronic means, or in person at any of the | 1986 |
|
registrar's offices, upon payment of a service fee of
two
dollars | 1987 |
|
and
seventy-five cents
commencing on July 1, 2001,
three dollars | 1988 |
|
and twenty-five cents commencing on January 1, 2003,
and three | 1989 |
|
dollars and fifty cents commencing on January 1, 2004,
for each | 1990 |
|
application. | 1991 |
| (I)(1) Where applicable, the requirements of division (B)
of | 1997 |
|
this section relating to the presentation of an inspection | 1998 |
|
certificate issued under section 3704.14 of the Revised Code and | 1999 |
|
rules adopted under it for a motor vehicle, the refusal of a | 2000 |
|
license for failure to present an inspection certificate, and the | 2001 |
|
stamping of the inspection certificate by the official issuing
the | 2002 |
|
certificate of registration apply to the registration of and | 2003 |
|
issuance of license plates for a motor vehicle under sections | 2004 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 2005 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 2006 |
|
4503.47, and 4503.51 of the Revised Code. | 2007 |
| (b) Upon request, the registrar shall provide the director
of | 2016 |
| environmental protection, or any person that has been awarded
a | 2017 |
|
contract under division (D) of section 3704.14 of the Revised | 2018 |
|
Code, an on-line computer data link to registration information | 2019 |
|
for all passenger cars, noncommercial motor vehicles, and | 2020 |
|
commercial cars that are subject to that section. The registrar | 2021 |
|
also shall provide to the director of environmental protection a | 2022 |
|
magnetic data tape containing registration information regarding | 2023 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 2024 |
|
for which a multi-year registration is in effect under section | 2025 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 2026 |
|
without limitation, the date of issuance of the
multi-year | 2027 |
|
registration, the registration deadline established
under rules | 2028 |
|
adopted under section 4503.101 of the Revised Code
that was | 2029 |
|
applicable in the year in which the multi-year
registration was | 2030 |
|
issued, and the registration deadline for
renewal of the | 2031 |
|
multi-year registration. | 2032 |
(A)(1) If a statutory merger or consolidation results in the | 2048 |
|
transfer of ownership of a motor vehicle from a constituent | 2049 |
|
corporation to the surviving corporation, or if the
incorporation | 2050 |
|
of a proprietorship or partnership results in the
transfer of | 2051 |
|
ownership of a motor vehicle from the proprietorship
or | 2052 |
|
partnership to the corporation, the registration shall be | 2053 |
|
continued upon the filing by the surviving or new corporation, | 2054 |
|
within thirty days of such transfer, of an application for an | 2055 |
amended certificate of registration, unless such registration is | 2056 |
prohibited by division (D) of section 2935.27, division (A) of | 2057 |
section
2937.221, division (B) of section 4507.168, or division | 2058 |
(B)(1) of section
4521.10 of the Revised
Code. The application | 2059 |
shall be accompanied by a service fee of
two dollars and
| 2060 |
seventy-five cents
commencing on July 1, 2001, three
dollars and | 2061 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 2062 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 2063 |
one dollar,
and the original certificate of
registration. Upon a | 2064 |
|
proper
filing, the registrar of motor
vehicles shall issue an | 2065 |
|
amended
certificate of registration in the
name of the new owner. | 2066 |
(B)(2) If the death of the owner of a motor vehicle results | 2067 |
|
in
the transfer of ownership of the motor vehicle to the
surviving | 2068 |
|
spouse of the owner or if a motor vehicle is owned by
two persons | 2069 |
|
under joint ownership with right of survivorship
established under | 2070 |
|
section
2131.12 of the Revised Code and one of
those
persons
dies, | 2071 |
|
the registration shall be continued upon the
filing
by the
| 2072 |
|
survivor of an application for an amended
certificate of | 2073 |
registration, unless such registration is
prohibited by division | 2074 |
(D) of section 2935.27,
division (A) of
section
2937.221, division | 2075 |
(A) of section 4503.13, division
(B) of
section 4507.168, or | 2076 |
division (B)(1) of section
4521.10 of the
Revised
Code. The | 2077 |
application shall be accompanied by a service
fee of
two dollars | 2078 |
and
seventy-five cents
commencing on July 1,
2001,
three dollars | 2079 |
and twenty-five cents commencing on January 1,
2003,
and three | 2080 |
dollars and fifty cents commencing on January 1,
2004, a
transfer | 2081 |
fee of one dollar,
the original certificate of
registration, and, | 2082 |
in. In relation to a
motor vehicle that is owned by
two persons | 2083 |
|
under
joint ownership
with right of survivorship
established under | 2084 |
|
section
2131.12 of
the Revised Code,
the application shall be | 2085 |
|
accompanied by
a copy
of the certificate
of title that
specifies | 2086 |
|
that the vehicle
is
owned under joint
ownership with
right of | 2087 |
|
survivorship. Upon a
proper filing, the
registrar shall
issue an | 2088 |
|
amended certificate of
registration in
the name of the
survivor. | 2089 |
(C)(3)
If the death of the owner of a motor vehicle results | 2090 |
|
in
the transfer of ownership of the motor vehicle to a | 2091 |
|
transfer-on-death beneficiary or beneficiaries designated under | 2092 |
|
section 2131.13 of the Revised Code, the registration shall be | 2093 |
|
continued upon the filing by the transfer-on-death beneficiary or | 2094 |
|
beneficiaries of an application for an amended certificate of | 2095 |
registration, unless that registration is prohibited by division | 2096 |
(D) of section 2935.27, division (A) of section 2937.221, division | 2097 |
(A) of section 4503.13, division (B) of section 4507.168, or | 2098 |
division (B)(1) of section 4521.10 of the Revised Code. The | 2099 |
application shall be accompanied by
a service fee of two dollars | 2100 |
and seventy-five cents commencing on July 1, 2001, three dollars | 2101 |
and twenty-five cents commencing on January 1, 2003, and three | 2102 |
dollars and fifty cents commencing on January 1, 2004, a transfer | 2103 |
fee of one dollar, the original certificate of registration, and a | 2104 |
|
copy of the certificate of title that specifies that the owner of | 2105 |
|
the motor vehicle has designated the motor vehicle in beneficiary | 2106 |
|
form under section 2131.13 of the Revised Code. Upon a proper | 2107 |
|
filing, the registrar shall issue an amended certificate of | 2108 |
|
registration in the name of the transfer-on-death beneficiary or | 2109 |
|
beneficiaries. | 2110 |
(D)(4) If the original owner of a motor vehicle that has
been | 2111 |
|
transferred makes application for the registration of another | 2112 |
|
motor vehicle at any time during the remainder of the
registration | 2113 |
|
period for which the transferred motor vehicle was
registered, the | 2114 |
owner, unless such registration is prohibited by
division (D) of | 2115 |
section 2935.27, division (A) of section 2937.221, division
(A) of | 2116 |
section 4503.13, division
(E) of section 4503.234,
division (B) of | 2117 |
section 4507.168, or division (B)(1) of section 4521.10 of the | 2118 |
Revised
Code, may file an application for transfer of the | 2119 |
registration
and, where applicable, the license plates, | 2120 |
accompanied by a
service fee of
two dollars and
seventy-five
cents | 2121 |
commencing on July 1, 2001, three dollars and
twenty-five
cents | 2122 |
commencing on January 1, 2003, and three dollars
and fifty
cents | 2123 |
commencing on January 1, 2004, a transfer fee
of
one dollar,
and | 2124 |
the original certificate of registration. The
transfer of the | 2125 |
|
registration and, where applicable, the license
plates from the | 2126 |
|
motor vehicle for which they originally were
issued to a | 2127 |
|
succeeding motor vehicle purchased by the same person
in whose | 2128 |
|
name the original registration and license plates were
issued | 2129 |
|
shall be done within a period not to exceed thirty days.
During | 2130 |
|
that thirty-day period, the license plates from the motor
vehicle | 2131 |
|
for which they originally were issued may be displayed on
the | 2132 |
|
succeeding motor
vehicle, and the succeeding motor vehicle may
be | 2133 |
|
operated on the public roads
and highways in this state. | 2134 |
| At the time of application for transfer, the registrar shall | 2135 |
|
compute and collect the amount of tax due on the succeeding motor | 2136 |
|
vehicle, based upon the amount that would be due on a new | 2137 |
|
registration as of the date on which the transfer is made less a | 2138 |
|
credit for the unused portion of the original registration | 2139 |
|
beginning on that date. If the credit exceeds the amount of tax | 2140 |
|
due on the new registration, no refund shall be made. In
computing | 2141 |
| the amount of tax due and credits to be allowed under
this | 2142 |
| division, the provisions of division (B)(1)(a) and (b) of
section | 2143 |
| 4503.11
of the Revised Code shall apply. As to passenger
cars, | 2144 |
|
noncommercial vehicles, motor homes, and motorcycles,
transfers | 2145 |
|
within or between these classes of motor vehicles only
shall be | 2146 |
|
allowed. If the succeeding motor vehicle is of a
different class | 2147 |
|
than the motor vehicle for which the registration
originally was | 2148 |
|
issued, new license plates also shall be issued
upon the
surrender | 2149 |
| of the license plates originally issued and
payment of
the fees | 2150 |
|
provided in divisions
(C) and
(D) of
section
4503.10 of the | 2151 |
|
Revised Code. | 2152 |
(E)(5) The owner of a commercial car having a gross vehicle | 2153 |
|
weight or combined gross vehicle weight of more than ten thousand | 2154 |
|
pounds may transfer the registration of that commercial car to | 2155 |
|
another commercial car the owner owns without transferring | 2156 |
ownership
of
the first commercial car, unless registration of the | 2157 |
second
commercial car is prohibited by division (D) of section | 2158 |
2935.27, division (A)
of section 2937.221, division (A) of section | 2159 |
4503.13,
division (B) of section 4507.168, or division (B)(1) of | 2160 |
section 4521.10
of the Revised Code. At any time during the | 2161 |
|
remainder of the
registration period for which the first | 2162 |
|
commercial car was
registered, the owner may file an application | 2163 |
|
for the transfer of
the registration and, where applicable, the | 2164 |
license plates,
accompanied by a service fee of
two dollars and
| 2165 |
seventy-five
cents
commencing on July 1, 2001, three
dollars and | 2166 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 2167 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 2168 |
one dollar, and the certificate of
registration of
the first | 2169 |
|
commercial car. The amount of any tax
due or credit to
be allowed | 2170 |
|
for a transfer of registration under
this division
shall be | 2171 |
computed in accordance with division
(D)(A)(4)
of this section. | 2172 |
(F)(6) Upon application to the registrar or a deputy | 2177 |
|
registrar,
a person who owns or leases a
motor vehicle may | 2178 |
|
transfer
special
license plates assigned to that vehicle to any | 2179 |
|
other
vehicle that
the person owns or leases or that is owned or | 2180 |
leased by the
person's spouse.
The application shall be | 2181 |
accompanied by a
service fee of
two dollars and
seventy-five
cents | 2182 |
commencing on
July 1, 2001, three dollars and twenty-five
cents | 2183 |
commencing on
January 1, 2003, and three dollars and fifty
cents | 2184 |
commencing on
January 1, 2004, a transfer fee of one dollar,
and | 2185 |
the original
certificate of registration. As appropriate,
the | 2186 |
application
also
shall be accompanied by a power of attorney
for | 2187 |
|
the registration
of a leased vehicle and a written statement | 2188 |
|
releasing the special
plates to the applicant. Upon a proper | 2189 |
|
filing, the registrar or
deputy registrar shall assign the
special | 2190 |
|
license plates to the
motor vehicle owned or leased by
the | 2191 |
|
applicant and issue a new
certificate of registration for
that | 2192 |
|
motor vehicle. | 2193 |
| Sec. 4503.24. (A) The owner of a chauffeured limousine, upon | 2226 |
|
compliance with the motor vehicle laws relating to the | 2227 |
|
registration and licensing of motor vehicles, upon payment of the | 2228 |
|
regular license tax as prescribed under section 4503.04 of the | 2229 |
|
Revised Code, any tax levied under Chapter 4504. of the Revised | 2230 |
Code,
and an additional fee of seven dollars and fifty cents,
and | 2231 |
|
the fee specified in division (C) of this section, if applicable, | 2232 |
|
and
upon compliance with section 4509.80 of the Revised Code, | 2233 |
|
shall
be issued appropriate vehicle registration and a set of | 2234 |
|
license
plates and a validation sticker, or a validation sticker | 2235 |
|
alone
when required by section 4503.191 of the Revised Code. The | 2236 |
|
owner
shall also be issued an additional license plate sticker | 2237 |
|
that
bears the word "livery." The livery license plate sticker | 2238 |
|
issued
under this section shall be of a different color or shade | 2239 |
|
each
year, the new color or shade to be selected by the director | 2240 |
|
of
public safety. The additional fee shall be for the purpose of | 2241 |
|
compensating the bureau of motor vehicles for additional services | 2242 |
|
required in the issuing of such licenses and shall be transmitted | 2243 |
|
by the registrar of motor vehicles to the treasurer of state for | 2244 |
|
deposit in the state bureau of motor vehicles fund created by | 2245 |
|
section
4501.25 of the Revised Code. | 2246 |
| (2) "Organization" means any private organization or | 2279 |
|
corporation, or any governmental board, agency, department, | 2280 |
|
division, or office, that, as part of its business or program, | 2281 |
|
transports persons with disabilities that limit or impair the | 2282 |
|
ability to walk
on a regular basis in a motor
vehicle that has not | 2283 |
|
been altered for the purpose of providing it
with special | 2284 |
|
equipment for use by handicapped persons. This definition does
not | 2285 |
| apply to division (J) of this section. | 2286 |
| (B) Any organization or person with a disability that limits | 2292 |
|
or
impairs the
ability to walk may
apply to the registrar of motor | 2293 |
|
vehicles for a removable windshield placard
or, if the person owns | 2294 |
|
or leases a motor vehicle, the person
may apply for the | 2295 |
|
registration of any motor vehicle the person
owns or leases. In | 2296 |
|
addition to one or more sets of license plates or one placard, a | 2297 |
|
person with a
disability that limits or impairs the ability to | 2298 |
|
walk
is entitled to one additional placard, but only if the person | 2299 |
|
applies
separately for the additional placard, states the reasons | 2300 |
|
why
the additional placard is needed, and the registrar, in the | 2301 |
|
registrar's discretion, determines that good and justifiable
cause | 2302 |
|
exists to approve the request for the additional
placard. When a | 2303 |
|
motor vehicle has been altered for the purpose of providing it | 2304 |
|
with special equipment for a person with a disability that limits | 2305 |
|
or impairs
the ability to walk, but is
owned or leased by someone | 2306 |
|
other than such a person, the owner or lessee may
apply to the | 2307 |
|
registrar or a deputy registrar for registration under
this | 2308 |
|
section. The application for registration of a motor vehicle
owned | 2309 |
| or leased by a person
with a disability that limits or
impairs the | 2310 |
| ability to walk shall be
accompanied by
a signed
statement from | 2311 |
| the applicant's personal physician or
chiropractor
certifying that | 2312 |
| the applicant meets at least one of the
criteria
contained in | 2313 |
| division (A)(1) of this section and that the
disability is | 2314 |
| expected to continue for more than six consecutive
months.
The | 2315 |
| application for a removable windshield placard made
by
a person | 2316 |
| with a disability that limits or impairs the ability
to
walk shall | 2317 |
| be accompanied by a prescription from the
applicant's
personal | 2318 |
| physician or chiropractor prescribing such a
placard for the | 2319 |
applicant,
and by a signed statement certifyingprovided that the | 2320 |
| applicant meets at
least one of the criteria
contained in division | 2321 |
|
(A)(1) of this section. The physician or
chiropractor shall state | 2322 |
| on
the prescription the length of time
the
physician or | 2323 |
| chiropractor expects the applicant to have the
disability that | 2324 |
|
limits or impairs the applicant's ability to
walk.
The
application | 2325 |
| for a removable windshield placard made by an
organization shall | 2326 |
| be accompanied by such documentary evidence of
regular transport | 2327 |
| of persons with disabilities that limit or
impair the
ability to | 2328 |
| walk by the organization as
the registrar
may require by rule and | 2329 |
| shall be completed in
accordance with
procedures that the | 2330 |
| registrar may require by
rule. The
application for registration of | 2331 |
| a motor vehicle that
has been
altered for the purpose of providing | 2332 |
| it with special
equipment for
a person with a disability that | 2333 |
| limits or impairs the ability to
walk but is owned by someone | 2334 |
| other
than such a person shall be
accompanied by such
documentary | 2335 |
| evidence of vehicle alterations as
the registrar may
require by | 2336 |
| rule. | 2337 |
| (C) When an organization, a person with a
disability that | 2338 |
|
limits or impairs the ability to walk, or a person who does
not | 2339 |
|
have a disability that limits or impairs the ability to walk but | 2340 |
|
owns a
motor vehicle
that has been altered for the purpose of | 2341 |
|
providing it with special equipment
for a person with a disability | 2342 |
|
that limits or impairs the ability to walk
first submits an | 2343 |
|
application for registration of a
motor vehicle under this section | 2344 |
|
and every fifth
year thereafter, the organization or person shall | 2345 |
|
submit
a signed statement from the applicant's personal physician | 2346 |
|
or chiropractor, a
completed application, and any required | 2347 |
|
documentary
evidence of vehicle alterations as provided in | 2348 |
|
division (B) of this section,
and also a power of attorney from | 2349 |
|
the owner of
the motor vehicle if the applicant leases the | 2350 |
|
vehicle. Upon submission of
these
items, the registrar or deputy | 2351 |
|
registrar shall issue to the applicant
appropriate vehicle | 2352 |
|
registration and a set of license plates and validation
stickers, | 2353 |
|
or validation stickers alone when required by section 4503.191 of | 2354 |
|
the Revised Code. In addition to the letters and numbers | 2355 |
|
ordinarily inscribed thereon, the license plates shall be | 2356 |
|
imprinted with the international symbol of access. The license | 2357 |
|
plates and validation stickers shall be issued upon payment of
the | 2358 |
|
regular license fee as prescribed under section 4503.04 of
the | 2359 |
|
Revised Code and any motor vehicle tax levied under Chapter
4504. | 2360 |
|
of the Revised Code, and the payment of a service
fee equal to the | 2361 |
|
amount specified in division (D) or (G) of section 4503.10 of
the | 2362 |
|
Revised Code. | 2363 |
| (D)(1) Upon receipt of a completed and signed
application
for | 2364 |
| a
removable windshield placard,
a prescription as described in | 2365 |
|
division (B) of this section, documentary
evidence of regular | 2366 |
|
transport of persons with disabilities that limit or
impair the | 2367 |
|
ability to walk, if
required, and
payment of a service fee equal | 2368 |
|
to the amount specified in division (D) or (G)
of section 4503.10 | 2369 |
|
of the Revised Code,
the registrar or deputy registrar
shall issue | 2370 |
|
to the
applicant a removable windshield placard, which shall bear | 2371 |
|
the date of
expiration on both sides of the placard and
shall
be | 2372 |
|
valid until expired, revoked, or
surrendered. Every removable | 2373 |
|
windshield placard expires as described in
division (D)(2) of this | 2374 |
|
section, but in no case shall a removable windshield placard be | 2375 |
|
valid for a
period of less than sixty days. Removable windshield | 2376 |
|
placards shall be
renewable upon application as
provided in | 2377 |
|
division (B) of this section, and a service fee equal to the | 2378 |
|
amount specified in division (D) or (G) of section 4503.10 of the | 2379 |
|
Revised Code
shall be charged for the renewal of a removable | 2380 |
|
windshield placard. The
registrar shall provide the application | 2381 |
|
form and shall determine
the information to be included thereon. | 2382 |
|
The registrar also
shall determine the form and size of the | 2383 |
|
removable windshield placard, the
material of which it is to be | 2384 |
|
made, and any other
information to be included thereon, and shall | 2385 |
|
adopt rules
relating to the issuance, expiration, revocation, | 2386 |
|
surrender, and
proper display of such placards.
Any placard
issued | 2387 |
| after
October 14, 1999, shall be manufactured in a manner
that | 2388 |
| allows the expiration
date of the placard to be indicated on
it | 2389 |
| through
the punching, drilling, boring, or creation by any
other | 2390 |
| means
of holes in the placard. | 2391 |
| (2) At the time a removable windshield placard is
issued to
a | 2392 |
| person with a disability that limits or impairs the
ability to | 2393 |
|
walk, the registrar or deputy registrar shall enter
into the | 2394 |
|
records of the bureau of motor vehicles the last date
on which the | 2395 |
|
person will have that disability, as indicated on
the accompanying | 2396 |
|
prescription. Not less than thirty days prior
to that date and
all | 2397 |
| removable windshield placard renewal dates, the bureau
shall
send | 2398 |
| a renewal notice to that
person at the person's last known
address | 2399 |
| as shown in the
records of the bureau, informing the
person that | 2400 |
| the person's
removable windshield placard will expire
on the | 2401 |
| indicated date not to exceed
five years from the date of
issuance, | 2402 |
|
and that the person is required to renew the placard by
submitting | 2403 |
| to the registrar or a deputy registrar another
prescription, as | 2404 |
| described in division
(B) of this section, and by
complying with | 2405 |
| the renewal provisions prescribed in division
(D)(1) of this | 2406 |
| section. If
such a prescription is not received by
the registrar | 2407 |
| or a deputy
registrar by that date, the placard
issued to that | 2408 |
| person
expires and no longer is valid, and this
fact shall be | 2409 |
| recorded
in the records of the bureau. | 2410 |
| (3) At least once every year, on a date determined by
the | 2411 |
|
registrar, the bureau shall examine the records of the
office of | 2412 |
|
vital statistics, located within the department of
health, that | 2413 |
|
pertain to deceased persons, and also the bureau's
records of all | 2414 |
|
persons who have been issued removable windshield
placards and | 2415 |
|
temporary removable windshield placards. If the
records of the | 2416 |
|
office of vital statistics indicate that a person
to whom a | 2417 |
|
removable windshield placard or temporary removable
windshield | 2418 |
|
placard has been issued is deceased, the bureau shall
cancel that | 2419 |
|
placard, and note the cancellation in its
records. | 2420 |
| (E) Any person with a disability that limits or impairs the | 2429 |
|
ability to walk
may apply to the
registrar or a deputy registrar | 2430 |
|
for a temporary removable windshield placard.
The application for | 2431 |
|
a
temporary removable windshield placard shall be accompanied by a | 2432 |
|
prescription from the applicant's personal physician
or | 2433 |
chiropractor prescribing such a placard for the applicant,
and by | 2434 |
a signed statement certifyingprovided that the applicant meets at | 2435 |
|
least one of the
criteria contained in
division (A)(1) of this | 2436 |
|
section and that the disability is
expected to continue for six | 2437 |
|
consecutive months or less.
The physician or chiropractor shall | 2438 |
|
state on the prescription the length
of time the physician or | 2439 |
|
chiropractor expects the applicant to have the
disability that | 2440 |
|
limits or impairs the applicant's ability to
walk, which cannot | 2441 |
|
exceed six months from the date of the
prescription. Upon receipt | 2442 |
|
of an
application for a temporary removable windshield placard, | 2443 |
presentation of the prescription
and the signed statement from the | 2444 |
|
applicant's
personal physician or chiropractor, and payment of a | 2445 |
|
service fee equal to the
amount specified in
division (D) or (G) | 2446 |
|
of section 4503.10 of the Revised Code, the
registrar or deputy | 2447 |
|
registrar shall issue to the applicant a temporary
removable | 2448 |
|
windshield placard. The temporary removable windshield placard | 2449 |
|
shall be of the same size and form as the removable windshield | 2450 |
|
placard, shall
be printed in white on a red-colored background, | 2451 |
|
and shall
bear the word "temporary" in letters of such size as the | 2452 |
|
registrar shall prescribe. A temporary removable windshield | 2453 |
|
placard also shall bear the date of expiration
on the front and | 2454 |
|
back of the placard, and shall be valid until expired, | 2455 |
|
surrendered, or revoked, but in no case shall such a placard be | 2456 |
|
valid for a period of less than sixty days. The registrar shall | 2457 |
|
provide
the
application form and shall determine the information | 2458 |
|
to be
included on it. The registrar also shall determine the | 2459 |
|
material
of which the temporary removable windshield placard is to | 2460 |
|
be made and any
other information to be included on the placard | 2461 |
|
and shall adopt rules
relating to the issuance, expiration, | 2462 |
|
surrender, revocation, and
proper display of those placards.
Any | 2463 |
|
temporary removable windshield placard issued after October
14, | 2464 |
|
1999, shall be manufactured in a manner that allows for the | 2465 |
|
expiration
date of the placard to be indicated on it through the | 2466 |
|
punching, drilling,
boring, or creation by any other means of | 2467 |
|
holes in the
placard. | 2468 |
| (F) If an applicant for a removable windshield placard is a | 2469 |
|
veteran of the
armed forces of the United States whose disability, | 2470 |
|
as defined in
division (A)(1) of this section, is | 2471 |
|
service-connected, the
registrar or deputy registrar, upon receipt | 2472 |
|
of the application, presentation
of a signed statement
from the | 2473 |
|
applicant's personal physician or
chiropractor certifying the | 2474 |
|
applicant's
disability, and presentation of
such documentary | 2475 |
|
evidence from the department of veterans affairs that
the | 2476 |
|
disability of the applicant meets at least one of the criteria | 2477 |
|
identified
in division (A)(1) of this section and is | 2478 |
|
service-connected as
the registrar may require by rule, but | 2479 |
|
without the payment of any
service fee, shall issue the applicant | 2480 |
|
a
removable windshield placard that is valid until
expired, | 2481 |
|
surrendered, or revoked. | 2482 |
| Upon a conviction of a violation of division (H), (I), or (J) | 2483 |
|
of
this section, the court shall report the conviction, and send | 2484 |
|
the placard or
parking card, if available, to the
registrar, who | 2485 |
|
thereupon shall revoke the privilege of
using the placard or | 2486 |
|
parking card and send notice in writing to the
placardholder or | 2487 |
|
cardholder at that holder's last
known address as shown in the | 2488 |
|
records of the bureau, and the placardholder or
cardholder shall | 2489 |
|
return the placard or
card if not previously surrendered to the | 2490 |
|
court, to the
registrar within ten days following mailing of the | 2491 |
|
notice. | 2492 |
| (N) All applications for registration
of motor vehicles, | 2576 |
|
removable windshield placards, and temporary removable
windshield | 2577 |
|
placards issued
under this section, all renewal notices for such | 2578 |
|
items, and all other
publications issued by the
bureau that relate | 2579 |
|
to this section shall set forth the criminal
penalties that may be | 2580 |
|
imposed upon a person who violates any
provision relating to | 2581 |
|
special license plates issued under this
section, the parking of | 2582 |
|
vehicles displaying such license plates,
and the issuance, | 2583 |
|
procurement, use, and display of removable
windshield placards and | 2584 |
|
temporary removable windshield placards
issued under this section. | 2585 |
| (C) The registrar shall suspend, revoke, deny, or remove
the | 2601 |
| registration, license plates, or any permit issued to any | 2602 |
|
commercial motor vehicle that is assigned to a motor carrier who | 2603 |
|
has been prohibited from operating by a federal agency. The | 2604 |
|
suspension, revocation, denial, or removal shall remain in effect | 2605 |
|
until the carrier is no longer prohibited from operating by the | 2606 |
| federal agency.
The suspension, revocation, denial, or removal | 2607 |
| shall apply to all
commercial motor vehicles under the carrier's | 2608 |
| control. | 2609 |
| Sec. 4505.06. (A)(1) Application for a certificate of
title
| 2626 |
|
shall be made in a form prescribed by the registrar of
motor
| 2627 |
|
vehicles and shall be sworn to before a notary public or
other
| 2628 |
|
officer empowered to administer oaths. The application
shall be
| 2629 |
|
filed with the clerk of
any court of common pleas.
An
application | 2630 |
| for a
certificate of title may be filed
electronically by
any | 2631 |
|
electronic
means approved by the registrar
in
any county
with the | 2632 |
| clerk of the court of common pleas
of
that county. Any
payments | 2633 |
| required by
this chapter
shall be
considered as
accompanying any
| 2634 |
|
electronically transmitted
application when
payment actually is
| 2635 |
|
received by the clerk.
Payment of any fee or
taxes may be made
by
| 2636 |
|
electronic transfer
of
funds. | 2637 |
| (2) The application for a certificate of title shall be
| 2638 |
|
accompanied
by the fee prescribed in section 4505.09 of the
| 2639 |
|
Revised Code. The fee shall be retained by the clerk who
issues | 2640 |
|
the
certificate of title and shall be distributed in
accordance | 2641 |
|
with that section.
If a clerk of a court of common
pleas, other | 2642 |
|
than the clerk of the court of
common pleas of an
applicant's | 2643 |
|
county of residence, issues a certificate of
title to
the | 2644 |
|
applicant, the clerk shall transmit data related to the
| 2645 |
|
transaction to the automated title processing
system. | 2646 |
| (3) If a certificate of title previously has been issued for
| 2647 |
|
a
motor vehicle in this state,
the application for a
certificate | 2648 |
| of title also shall be accompanied by that
certificate
of title | 2649 |
| duly assigned, unless otherwise provided in
this chapter.
If a | 2650 |
| certificate of title previously has not been
issued for the
motor | 2651 |
| vehicle in this state, the application,
unless otherwise
provided | 2652 |
| in this chapter, shall be accompanied
by a manufacturer's
or | 2653 |
| importer's certificate or by a certificate
of title
of another
| 2654 |
|
state
from which the motor vehicle was
brought into this state.
If
| 2655 |
|
the
application refers to a motor
vehicle last previously
| 2656 |
|
registered
in another state, the
application also shall be
| 2657 |
|
accompanied by
the physical inspection
certificate required by
| 2658 |
|
section 4505.061
of the Revised Code.
If
the application is made
| 2659 |
|
by two persons
regarding a motor
vehicle
in which they wish to
| 2660 |
|
establish joint
ownership with
right of
survivorship, they may do
| 2661 |
|
so as provided
in section
2131.12 of
the Revised Code.
If the | 2662 |
| applicant requests a
designation of
the
motor vehicle in | 2663 |
| beneficiary form so that upon
the death of
the
owner of the motor | 2664 |
| vehicle, ownership of the
motor vehicle
will
pass to a designated | 2665 |
| transfer-on-death
beneficiary or
beneficiaries, the applicant may | 2666 |
| do so as provided
in section
2131.13 of the Revised Code. A person | 2667 |
| who establishes
ownership
of a motor vehicle that is transferable | 2668 |
| on death in
accordance
with section 2131.13 of the Revised Code | 2669 |
| may terminate
that type
of ownership or change the designation of | 2670 |
| the
transfer-on-death
beneficiary or beneficiaries by applying for | 2671 |
| a
certificate of
title pursuant to this section. The clerk
shall | 2672 |
|
retain
the
evidence of title
presented by the applicant and
on | 2673 |
|
which the
certificate of title
is issued,
except that, if an
| 2674 |
|
application
for a
certificate of
title is
filed electronically
by
| 2675 |
|
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
| 2676 |
|
motor vehicle, the clerk
shall retain the completed
electronic
| 2677 |
|
record to which the dealer
converted the certificate
of title
| 2678 |
|
application and other required
documents. The
electronic motor
| 2679 |
|
vehicle dealer shall forward the
actual
application and all other | 2680 |
documents relating to the sale of
the
motor vehicle to any clerk | 2681 |
| the location designated by the registrar
within thirty days after | 2682 |
| the
certificate of title is issued. The
registrar, after | 2683 |
consultation
with the attorney general, shall
adopt rules that | 2684 |
governdetermine the
location at which, and the manner in
which, | 2685 |
| are stored the actual
application and all other documents
relating | 2686 |
| to the sale of a
motor vehicle when an electronic motor
vehicle | 2687 |
| dealer files the
application for a certificate of title | 2688 |
|
electronically on behalf of
the purchaser. The determination may | 2689 |
| be made by rules that the registrar adopts. | 2690 |
| The clerk shall use reasonable
diligence in
ascertaining
| 2691 |
|
whether or not the facts in the
application
for a
certificate of
| 2692 |
|
title are true by checking the application and
documents
| 2693 |
|
accompanying it
or the
electronic record to which a
dealer | 2694 |
|
converted the
application and
accompanying documents
with
the | 2695 |
|
records of motor vehicles in the clerk's
office.
If the
clerk is | 2696 |
|
satisfied that the applicant is the
owner of the
motor
vehicle
and | 2697 |
| that the application is in the
proper form,
the
clerk,
within
five | 2698 |
| business days after the
application is
filed, shall
issue a | 2699 |
|
physical
certificate of title
over the
clerk's signature
and
| 2700 |
|
sealed with the clerk's seal
unless
the
applicant
specifically
| 2701 |
|
requests the clerk not to issue a
physical
certificate of title
| 2702 |
|
and instead to
issue an electronic
certificate of title. For
| 2703 |
|
purposes of the transfer of a
certificate
of title, if the clerk
| 2704 |
|
is satisfied that the secured
party has duly discharged
a lien
| 2705 |
|
notation but has not canceled
the lien notation with
a
clerk, the
| 2706 |
|
clerk may cancel the lien
notation on
the automated title
| 2707 |
|
processing system and notify the
clerk of the
county of origin. | 2708 |
| (4) In the case of the sale of a motor vehicle to a general | 2709 |
|
buyer
or user
by a dealer, by a motor vehicle leasing dealer | 2710 |
|
selling
the
motor
vehicle to the lessee or, in a case in which
the | 2711 |
|
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the | 2712 |
| end of
the lease agreement or sublease
agreement, or by a | 2713 |
|
manufactured
home
broker, the certificate of title shall be
| 2714 |
|
obtained in the
name of the buyer by the dealer, leasing
dealer, | 2715 |
|
or
manufactured home
broker, as the case may be, upon
application
| 2716 |
|
signed by
the buyer. The certificate of title shall
be issued, or
| 2717 |
|
the process
of entering the certificate of title
application
| 2718 |
|
information into the automated title processing
system if a
| 2719 |
|
physical
certificate of title is not to be issued
shall
be
| 2720 |
|
completed, within
five business days after the
application for
| 2721 |
|
title is filed with
the clerk. If the buyer of
the motor vehicle
| 2722 |
|
previously leased the motor
vehicle and
is
buying the motor
| 2723 |
|
vehicle at the end of the lease pursuant to that
lease,
the
| 2724 |
|
certificate of title shall be obtained in the name of
the buyer by
| 2725 |
|
the
motor vehicle leasing dealer who previously
leased the motor
| 2726 |
|
vehicle to the
buyer or by the motor vehicle
leasing dealer who
| 2727 |
|
subleased the motor vehicle
to the buyer
under a sublease
| 2728 |
|
agreement. | 2729 |
| (5)(a)(i) If the certificate of title is being obtained in | 2733 |
|
the name of the buyer by a motor vehicle dealer or motor vehicle | 2734 |
|
leasing dealer and there is a security interest to be noted on the | 2735 |
|
certificate of title, the dealer or leasing dealer shall submit | 2736 |
|
the application for the certificate of title and payment of the | 2737 |
|
applicable tax to a clerk within seven business days after the | 2738 |
|
later of the delivery of the motor vehicle to the
buyer or the | 2739 |
|
date the dealer or leasing dealer obtains the
manufacturer's or | 2740 |
|
importer's certificate, or certificate of title
issued in the name | 2741 |
|
of the dealer or leasing dealer, for the motor vehicle.
Submission | 2742 |
|
of the application for the
certificate of title and payment of the | 2743 |
|
applicable tax within the
required seven business days may be | 2744 |
|
indicated by postmark or
receipt by a clerk within that period. | 2745 |
| (iii) A motor vehicle dealer or motor vehicle leasing
dealer | 2751 |
|
is liable to a secured party for a late fee of ten dollars
per day | 2752 |
|
for each certificate of title application and payment of
the | 2753 |
|
applicable tax that is submitted to a clerk more than seven | 2754 |
|
business days
but less than twenty-one days after the later of the | 2755 |
|
delivery of the motor vehicle to the buyer or the date the
dealer | 2756 |
|
or leasing dealer obtains the manufacturer's or importer's | 2757 |
|
certificate, or certificate of title issued in the name of the | 2758 |
|
dealer or leasing dealer, for the motor vehicle and,
from then on, | 2759 |
|
twenty-five dollars per day until the application
and applicable | 2760 |
|
tax are submitted to a clerk. | 2761 |
| (b) In all cases of
transfer of
a motor vehicle, the | 2762 |
|
application for certificate of
title shall be
filed within
thirty | 2763 |
| days after the later of the assignment or
delivery of the
motor | 2764 |
|
vehicle. If an application for a
certificate of title is
not
filed | 2765 |
| within
the period
specified in division (A)(5)(b) of
this
section, | 2766 |
| the clerk
shall collect a fee of
five dollars for
the
issuance of | 2767 |
| the
certificate, except that no
such fee shall
be
required from a
| 2768 |
|
motor vehicle salvage dealer,
as defined in
division (A) of
| 2769 |
|
section 4738.01 of the Revised
Code, who
immediately surrenders
| 2770 |
|
the certificate of title for
cancellation. The fee shall be in
| 2771 |
|
addition to all other fees
established by this chapter, and shall
| 2772 |
|
be retained by the clerk.
The
registrar shall provide, on the
| 2773 |
|
certificate of title form
prescribed by section 4505.07 of the
| 2774 |
|
Revised Code, language
necessary to give evidence of the later of | 2775 |
| the date on
which the assignment or
delivery of the motor vehicle | 2776 |
| was made. | 2777 |
| (B) The clerk, except as provided in this section, shall
| 2781 |
|
refuse to accept for filing any application for a certificate of
| 2782 |
|
title and shall refuse to issue a certificate of title unless the
| 2783 |
|
dealer or manufactured home broker or the applicant, in cases in
| 2784 |
|
which the
certificate shall be obtained by the buyer, submits
with
| 2785 |
|
the
application payment of the tax levied by or pursuant to
| 2786 |
|
Chapters
5739. and 5741. of the Revised Code
based on the
| 2787 |
|
purchaser's county of residence. Upon payment of the tax in
| 2788 |
|
accordance with division (E) of this section, the clerk shall
| 2789 |
|
issue a receipt prescribed by the registrar and agreed upon by the
| 2790 |
|
tax
commissioner showing payment of the tax or a receipt issued
by
| 2791 |
|
the
commissioner showing the payment of the tax. When
submitting
| 2792 |
|
payment of the
tax to the clerk, a dealer shall
retain any
| 2793 |
|
discount to which the dealer is
entitled under
section 5739.12 of
| 2794 |
|
the Revised Code. | 2795 |
| A clerk, however, may retain from the taxes paid to the
clerk | 2803 |
|
an amount equal to the poundage fees associated with
certificates | 2804 |
|
of title issued by other clerks of courts of common
pleas to | 2805 |
|
applicants who reside in the first clerk's county. The
registrar, | 2806 |
|
in consultation with the tax commissioner and the
clerks of the | 2807 |
|
courts of common pleas, shall develop a report from
the automated | 2808 |
|
title processing system that informs each clerk of
the amount of | 2809 |
|
the poundage fees that the clerk is permitted to
retain from those | 2810 |
|
taxes because of certificates of title issued by
the clerks of | 2811 |
|
other counties to applicants who reside in the first
clerk's | 2812 |
|
county. | 2813 |
| (C)(1) If the transferor indicates on the certificate of
| 2821 |
|
title
that the odometer reflects mileage in excess of the
designed
| 2822 |
|
mechanical limit of the odometer, the clerk shall enter
the
phrase
| 2823 |
|
"exceeds mechanical limits" following the mileage
designation. If
| 2824 |
|
the transferor indicates on the certificate of
title that the
| 2825 |
|
odometer reading is not the actual mileage, the
clerk shall enter
| 2826 |
|
the phrase
"nonactual: warning -
odometer
discrepancy" following
| 2827 |
|
the mileage designation. The clerk shall
use
reasonable care in
| 2828 |
|
transferring the information supplied
by
the transferor, but is
| 2829 |
|
not liable for any errors or omissions
of
the clerk or those of
| 2830 |
|
the clerk's deputies in the
performance of
the clerk's duties
| 2831 |
|
created by this chapter. | 2832 |
| The registrar shall prescribe an affidavit in which the
| 2833 |
|
transferor shall swear to the true selling price and, except as
| 2834 |
|
provided in this division, the true odometer reading of the motor
| 2835 |
|
vehicle. The registrar may prescribe an affidavit in which the
| 2836 |
|
seller and buyer provide information pertaining to the odometer
| 2837 |
|
reading of the motor vehicle in addition to that required by this
| 2838 |
|
section, as such information may be required by the United States
| 2839 |
|
secretary of transportation by rule prescribed under authority of
| 2840 |
subchapter IV of the
"Motor Vehicle Information and Cost Savings
| 2841 |
Act," 86 Stat. 961 (1972), 15 U.S.C. 198149 U.S.C. 32701 et seq. | 2842 |
| (2) Division (C)(1) of this
section does not require the
| 2843 |
|
giving of information
concerning the odometer and odometer
reading
| 2844 |
|
of a motor vehicle
when ownership of a motor vehicle is
being
| 2845 |
|
transferred as a
result of a bequest, under the laws of
intestate
| 2846 |
|
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or | 2847 |
| 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or | 2848 |
beneficiaries
pursuant
to section
2131.13 of the ReviseedRevised | 2849 |
| Code, or in
connection
with the
creation
of a
security interest. | 2850 |
| (D) When the transfer to the applicant was made in some
other | 2851 |
| state or in interstate commerce, the clerk, except as
provided in | 2852 |
| this section, shall refuse to issue any certificate
of
title | 2853 |
| unless the tax imposed by or pursuant to Chapter
5741.
of
the | 2854 |
| Revised Code
based on the purchaser's county of residence
has
been | 2855 |
| paid as evidenced by a receipt issued by the tax
commissioner, or
| 2856 |
|
unless the applicant submits with the
application
payment of
the | 2857 |
| tax. Upon payment of the tax in
accordance with
division
(E) of | 2858 |
| this section, the clerk shall
issue a
receipt
prescribed by the
| 2859 |
|
registrar and agreed upon by
the tax
commissioner, showing
payment | 2860 |
| of the tax. | 2861 |
| A clerk, however, may retain from the taxes paid to the
clerk | 2867 |
|
an amount equal to the poundage fees associated with
certificates | 2868 |
|
of title issued by other clerks of courts of common
pleas to | 2869 |
|
applicants who reside in the first clerk's county. The
registrar, | 2870 |
|
in consultation with the tax commissioner and the
clerks of the | 2871 |
|
courts of common pleas, shall develop a report from
the automated | 2872 |
|
title processing system that informs each clerk of
the amount of | 2873 |
|
the poundage fees that the clerk is permitted to
retain from those | 2874 |
|
taxes because of certificates of title issued by
the clerks of | 2875 |
|
other counties to applicants who reside in the first
clerk's | 2876 |
|
county. | 2877 |
| (E) The clerk shall accept any payment of a tax in cash, or
| 2882 |
|
by
cashier's check, certified
check, draft,
money order, or
teller | 2883 |
| check issued by any
insured financial institution payable
to the | 2884 |
| clerk and submitted with an
application
for a certificate
of title | 2885 |
| under division (B)
or (D) of this section. The clerk
also may
| 2886 |
|
accept payment of the tax by corporate, business, or
personal | 2887 |
| check, credit
card, electronic transfer or wire
transfer,
debit | 2888 |
| card, or any other accepted
form of payment made
payable to
the | 2889 |
| clerk. The clerk may require bonds,
guarantees,
or letters of
| 2890 |
|
credit to ensure the collection of corporate,
business, or
| 2891 |
|
personal
checks. Any service fee charged by a
third party to a
| 2892 |
|
clerk for the use of
any form of payment may be
paid by the clerk
| 2893 |
|
from the certificate of title
administration
fund created in
| 2894 |
|
section 325.33 of the Revised Code, or may be
assessed by the
| 2895 |
|
clerk upon the applicant as an additional fee.
Upon
collection,
| 2896 |
|
the additional fees shall be paid by the clerk
into that
| 2897 |
|
certificate of title administration fund. | 2898 |
| The clerk shall make a good faith effort to collect any
| 2899 |
|
payment of taxes
due but not made because the payment was
returned
| 2900 |
|
or dishonored, but the clerk
is not personally liable
for the
| 2901 |
|
payment of uncollected taxes or uncollected
fees. The
clerk
shall
| 2902 |
|
notify the tax commissioner of any such payment of
taxes that is
| 2903 |
|
due but
not made and shall furnish
the
information to the
| 2904 |
|
commissioner
that the
commissioner
requires.
The clerk shall | 2905 |
| deduct
the amount of taxes due but not
paid from
the clerk's | 2906 |
| periodic
remittance of tax payments, in
accordance
with
procedures | 2907 |
| agreed
upon by the tax commissioner.
The
commissioner may collect
| 2908 |
|
taxes
due by assessment in the
manner
provided in section 5739.13 | 2909 |
| of the
Revised Code. | 2910 |
| Any person who presents payment that is returned or
| 2911 |
|
dishonored for any
reason is liable to the clerk for payment of a
| 2912 |
|
penalty over and above the
amount of the taxes due. The clerk
| 2913 |
|
shall determine the amount of the penalty,
and the penalty
shall | 2914 |
|
be no
greater than that amount necessary to compensate the
clerk
| 2915 |
|
for
banking charges, legal fees, or other expenses
incurred by
the
| 2916 |
|
clerk in
collecting the returned or dishonored
payment. The
| 2917 |
|
remedies and procedures
provided in this section
are in addition
| 2918 |
|
to any other available civil or
criminal
remedies. Subsequently
| 2919 |
|
collected penalties, poundage
fees, and
title
fees, less
any
title | 2920 |
|
fee
due the state, from returned or
dishonored payments
collected | 2921 |
|
by
the clerk shall be paid into the
certificate of
title
| 2922 |
|
administration fund.
Subsequently
collected taxes, less
poundage | 2923 |
|
fees,
shall be sent by the clerk
to the
treasurer of
state
at the | 2924 |
| next
scheduled periodic
remittance of tax payments,
with
| 2925 |
|
information as the
commissioner may require. The clerk
may
abate
| 2926 |
|
all or any part of
any penalty assessed under this
division. | 2927 |
| (G) An application, as prescribed by the registrar
and
agreed | 2953 |
| to by the tax commissioner, shall be filled out and sworn
to by | 2954 |
| the buyer of a motor vehicle in a casual sale. The
application | 2955 |
| shall contain the following notice in bold lettering:
"WARNING TO | 2956 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by | 2957 |
| law to state the true selling price. A false
statement is in
| 2958 |
|
violation of section 2921.13 of
the Revised Code
and is punishable | 2959 |
| by six months' imprisonment or
a fine of up to
one thousand | 2960 |
| dollars, or both. All transfers are
audited by the
department of | 2961 |
| taxation. The seller and buyer must
provide any
information | 2962 |
| requested by the department of taxation. The buyer
may be assessed | 2963 |
| any additional tax found to be due." | 2964 |
| (H) For sales of manufactured homes or mobile homes
occurring
| 2965 |
|
on or after January 1, 2000, the clerk shall accept for
filing,
| 2966 |
|
pursuant to
Chapter 5739. of the Revised Code, an
application for | 2967 |
| a
certificate of title for a manufactured home or
mobile home
| 2968 |
|
without requiring payment of any tax pursuant to
section
5739.02, | 2969 |
| 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt | 2970 |
| issued by
the tax commissioner showing payment
of the tax. For | 2971 |
| sales of
manufactured homes or mobile homes
occurring on or after | 2972 |
| January 1,
2000, the applicant shall pay to
the clerk an | 2973 |
| additional fee of five dollars
for each certificate
of title | 2974 |
| issued by the clerk for a
manufactured or mobile home
pursuant to | 2975 |
| division (H) of section 4505.11 of the Revised Code
and for each | 2976 |
| certificate of title issued upon transfer of
ownership of
the | 2977 |
| home. The clerk shall credit the fee to the
county
certificate of | 2978 |
| title administration fund, and the fee shall
be used to
pay
the | 2979 |
| expenses of archiving
those certificates
pursuant to
division
(A) | 2980 |
| of section 4505.08
and division (H)(3)
of section
4505.11 of
the | 2981 |
| Revised Code. The tax commissioner
shall
administer any tax
on a | 2982 |
| manufactured or mobile home
pursuant to
Chapters 5739. and
5741. | 2983 |
| of the
Revised Code. | 2984 |
| Sec. 4505.08. (A)
When the clerk of
a
court of
common
pleas | 2989 |
|
issues a physical certificate of title, the clerk
shall
issue
the | 2990 |
certificate of title
in duplicate.
One copy
shall
be
retained and | 2991 |
filed by the clerk in the
clerk's
officeon a form
and in a manner | 2992 |
| prescribed by the registrar of motor vehicles.
The
clerk shall | 2993 |
| file a copy of the physical certificate of title
in a
manner | 2994 |
| prescribed by the registrar. The
clerk shall sign
and
affix the | 2995 |
| clerk's seal
to the
original
certificate of
title
and,
if
there | 2996 |
| are no liens
on the
motor
vehicle, shall deliver
the
certificate | 2997 |
| to the
applicant or
the
selling dealer. If
there are
one or more
| 2998 |
|
liens
on
the motor
vehicle, the
certificate of
title shall be | 2999 |
|
delivered to
the
holder
of the
first lien or the
selling dealer, | 3000 |
|
who shall deliver
the
certificate of title to the
holder of the | 3001 |
|
first lien. | 3002 |
| The clerk need not retain on file any current
certificates
of
| 3011 |
|
title, current duplicate certificates of title,
current
memorandum
| 3012 |
|
certificates of title, or current salvage
certificates of title,
| 3013 |
or supporting evidence
of them,
including the
electronic
record | 3014 |
described in division (A) of
section 4505.06 of the
Revised Code, | 3015 |
|
covering
any motor vehicle
or
manufactured or mobile
home for a | 3016 |
| period longer
than seven
years
after the date of its
filing; | 3017 |
| thereafter, the
documents
and
supporting evidence may
be | 3018 |
| destroyed. The clerk
need not
retain
on file any
inactive
records, | 3019 |
| including
certificates of
title,
duplicate
certificates
of title, | 3020 |
|
or
memorandum
certificates of
title, or
supporting
evidence
of | 3021 |
| them,
including the
electronic record
described in
division (A) of
| 3022 |
|
section 4505.06 of the Revised Code,
covering
any motor vehicle
or
| 3023 |
|
manufactured or mobile home for a
period
longer than five
years
| 3024 |
|
after
the date of its filing;
thereafter, the
documents
and
| 3025 |
|
supporting evidence may be
destroyed. | 3026 |
| (B)(1) If the clerk issues a certificate of title for a
| 3035 |
|
motor vehicle that was last previously registered in another
| 3036 |
|
state, the clerk
shall record verbatim, where practicable, in the
| 3037 |
|
space
on the title described in division (B)(19) of section
| 3038 |
|
4505.07 of
the Revised Code, the words that appear as a notation
| 3039 |
|
to the
vehicle on the title issued by the previous state. These
| 3040 |
|
notations may include, but are not limited to, words to the
| 3041 |
|
effect
that the vehicle was considered or was categorized by the
| 3042 |
|
state in
which it was last previously registered to be a law
| 3043 |
|
enforcement
vehicle
or a taxicab or was once in a flood. | 3044 |
| (2) If the clerk, while issuing a certificate of title for
a
| 3045 |
|
motor vehicle that was last previously registered in another
| 3046 |
|
state, receives information from the automated title processing
| 3047 |
|
system indicating that a title to the vehicle previously was
| 3048 |
|
issued
by this state and that the previous title contained
| 3049 |
|
notations
that appeared in the space described in division
(B)(19)
| 3050 |
|
or
(20) of section 4505.07 of the Revised Code, the
clerk shall
| 3051 |
|
enter
the notations that appeared on the previous
certificate of
| 3052 |
|
title
issued by this state on the new certificate
of title in the
| 3053 |
|
space
described in division (B)(19) or (20) of
section 4505.07 of
| 3054 |
|
the Revised Code, irrespective of whether the
notations appear on
| 3055 |
|
the
certificate of title issued by the state
in which the vehicle
| 3056 |
|
was
last previously registered. | 3057 |
| (3) If the clerk, while issuing a certificate of title for
a
| 3058 |
|
motor vehicle that was last previously registered in another
| 3059 |
|
state, receives information from the automated title processing
| 3060 |
|
system indicating that the vehicle was previously issued a title
| 3061 |
|
by this state and that the previous title bore the notation
| 3062 |
|
"REBUILT SALVAGE" as required by division (E) of section 4505.11
| 3063 |
|
of the Revised Code, or the previous title to the vehicle issued
| 3064 |
|
by this state was a salvage certificate of title, the clerk shall
| 3065 |
|
cause the certificate of title the clerk issues to bear the
| 3066 |
|
notation
"REBUILT SALVAGE" in the location prescribed by the
| 3067 |
|
registrar
pursuant to that division. | 3068 |
| (F)
The clerk shall issue a physical certificate of title to
| 3089 |
|
an
applicant unless the applicant specifically requests the clerk
| 3090 |
|
not to issue a
physical certificate of title and instead to issue
| 3091 |
|
an electronic certificate
of title.
The fact that a physical
| 3092 |
|
certificate of title is
not issued for a motor vehicle does not
| 3093 |
|
affect ownership of the
vehicle. In that case, when the clerk
| 3094 |
|
completes the process of
entering certificate of title
application
| 3095 |
|
information into the
automated title processing
system, the effect
| 3096 |
|
of the completion of
the process is the same
as if the clerk
| 3097 |
|
actually issued a physical
certificate of title
for the motor
| 3098 |
|
vehicle. | 3099 |
| In addition to those fees, the clerk shall charge a fee of
| 3118 |
|
five dollars for each certificate of title, duplicate
certificate
| 3119 |
|
of title, memorandum certificate of title,
authorization to
print
| 3120 |
|
a non-negotiable
evidence of ownership described in division (G)
| 3121 |
|
of section 4505.08 of
the Revised Code, non-negotiable evidence
of | 3122 |
| ownership printed by the clerk under division (H) of that
section, | 3123 |
| and
notation of any lien
on a certificate of title.
The
clerk | 3124 |
| shall
retain two dollars
and
twenty-five cents of the
fee
charged | 3125 |
| for
each certificate of
title, four dollars and
seventy-five cents | 3126 |
| of
the fee charged for
each duplicate
certificate of
title, all of | 3127 |
| the fees charged for
each
memorandum certificate, authorization to | 3128 |
| print a
non-negotiable
evidence of ownership, or non-negotiable | 3129 |
| evidence of ownership
printed by the clerk,
and four dollars and
| 3130 |
|
twenty-five cents of
the fee charged for
each notation of a lien. | 3131 |
| The remaining two dollars and seventy-five cents charged
for
| 3132 |
|
the certificate of title, the remaining twenty-five cents
charged
| 3133 |
|
for the duplicate certificate of title, and the
remaining
| 3134 |
|
seventy-five cents charged for the notation of any lien
on a
| 3135 |
|
certificate of title shall be paid to the registrar of motor
| 3136 |
|
vehicles by monthly returns, which shall be forwarded to the
| 3137 |
|
registrar not later than the fifth day of the month next
| 3138 |
|
succeeding that in which the certificate is issued or that in
| 3139 |
|
which the registrar is notified of a lien or cancellation
of a | 3140 |
|
lien. | 3141 |
| (a) Four cents shall be paid into the state treasury to
the
| 3149 |
|
credit of the motor vehicle dealers board fund, which is
hereby
| 3150 |
|
created. All investment earnings of the fund shall be credited to
| 3151 |
|
the
fund. The moneys in the motor vehicle dealers board fund
| 3152 |
|
shall be used by the
motor vehicle dealers board created under
| 3153 |
|
section 4517.30 of the Revised Code,
together
with other moneys
| 3154 |
|
appropriated to it, in the exercise of
its powers and
the
| 3155 |
|
performance of its duties under Chapter 4517. of the Revised Code,
| 3156 |
|
except
that the director of budget and management may transfer
| 3157 |
|
excess money from the
motor vehicle dealers board fund to the
| 3158 |
|
bureau of motor vehicles fund if the
registrar determines that
the
| 3159 |
|
amount of money in the motor vehicle dealers
board fund,
together
| 3160 |
|
with other moneys appropriated to the
board, exceeds
the
amount
| 3161 |
|
required for the exercise of its powers and the
performance of its
| 3162 |
|
duties under Chapter 4517. of the Revised Code
and requests the
| 3163 |
|
director to
make the transfer. | 3164 |
| (c) Twenty-five cents shall be paid into the state
treasury
| 3167 |
|
to the credit of the motor vehicle sales audit fund,
which is
| 3168 |
|
hereby created. The moneys in the fund shall be used by
the tax
| 3169 |
|
commissioner together with other funds available
to the
| 3170 |
|
commissioner to conduct a continuing investigation of
sales and
| 3171 |
|
use tax returns
filed for motor vehicles in order to determine if
| 3172 |
|
sales and use
tax liability has been satisfied. The commissioner
| 3173 |
|
shall refer
cases of apparent violations of section 2921.13 of
the
| 3174 |
|
Revised
Code made in connection with the titling or sale of
a
| 3175 |
|
motor
vehicle and cases of any other apparent violations of
the
| 3176 |
|
sales
or use tax law to the appropriate county prosecutor
whenever
| 3177 |
|
the
commissioner considers it advisable. | 3178 |
| (C)(1) The automated title processing board is hereby
| 3201 |
|
created consisting of the registrar or the registrar's
| 3202 |
|
representative, a
person selected by the registrar, the president
| 3203 |
|
of the Ohio
clerks of court association or the president's
| 3204 |
|
representative, and two clerks
of courts of common pleas
appointed
| 3205 |
|
by the governor. The
director of budget and
management or the
| 3206 |
|
director's
designee, the chief of
the
division of watercraft in
| 3207 |
|
the department of natural resources
or
the chief's designee, and
| 3208 |
|
the tax commissioner or
the
commissioner's designee shall
be
| 3209 |
|
nonvoting members of the board.
The purpose of the board is to | 3210 |
| facilitate the operation and
maintenance of an automated title | 3211 |
| processing system. | 3212 |
| (3) The registrar shall purchase, lease, or otherwise
| 3221 |
|
acquire any automated title processing equipment and certificates
| 3222 |
|
of title that the board determines are necessary from moneys in
| 3223 |
|
the automated title processing fund established by division
| 3224 |
(B)(3)
of this section.
Each county issuing more than one
hundred
| 3225 |
thousand certificates of title annually, with the
approval of the
| 3226 |
registrar and in accordance with the registrar's
requirements, may
| 3227 |
purchase and maintain an automated title
processing
system for the
| 3228 |
issuance of motor vehicle titles,
certificates of
title for
| 3229 |
off-highway motorcycles and
all-purpose vehicles, and
certificates
| 3230 |
of title for
watercraft
and outboard motors with the cost of
the
| 3231 |
system paid for from
the automated processing title fund. | 3232 |
| Sec. 4505.10. (A) In the event of the transfer of
ownership | 3238 |
|
of
a motor vehicle by operation of law, as upon
inheritance, | 3239 |
|
devise, bequest, order in bankruptcy, insolvency,
replevin, or | 3240 |
|
execution sale, a motor vehicle is sold
to satisfy
storage or | 3241 |
|
repair charges, or repossession is had upon
default in
performance | 3242 |
|
of the terms of a security agreement as
provided in
Chapter 1309. | 3243 |
|
of the Revised Code
and the secured party has
notified the debtor | 3244 |
|
as required by division (B) of section 1309.611 of
the Revised | 3245 |
|
Code, a clerk of
a
court of
common pleas, upon the
surrender of | 3246 |
|
the prior
certificate of title or
the manufacturer's
or
importer's | 3247 |
|
certificate, or, when that is not
possible, upon
presentation of | 3248 |
|
satisfactory proof to the clerk of
ownership and
rights of | 3249 |
|
possession to the motor vehicle, and upon
payment of
the
fee | 3250 |
|
prescribed in section 4505.09 of the Revised
Code and
presentation | 3251 |
|
of an application for certificate of title,
may
issue
to the | 3252 |
|
applicant a certificate of title to the motor
vehicle.
Only
an | 3253 |
|
affidavit by the person or agent of the person
to
whom
possession | 3254 |
|
of the motor vehicle has passed, setting forth
the
facts entitling | 3255 |
|
the person to the possession and
ownership,
together
with a copy | 3256 |
|
of the journal entry, court order, or
instrument upon
which the | 3257 |
|
claim of possession and ownership is
founded, is
satisfactory | 3258 |
|
proof of ownership and right of
possession. If the
applicant | 3259 |
|
cannot produce that proof of
ownership, the
applicant may apply | 3260 |
|
directly to the registrar of
motor vehicles and submit the | 3261 |
|
evidence the applicant has, and the
registrar, if
the registrar | 3262 |
|
finds the evidence
sufficient, then
may authorize a clerk to
issue | 3263 |
|
a certificate
of title. If the registrar finds the evidence | 3264 |
|
insufficient, the applicant may petition the court of common pleas | 3265 |
|
for a court order ordering the clerk to issue a certificate of | 3266 |
|
title. The court shall grant or deny the petition based on the | 3267 |
|
sufficiency of the evidence presented to the court. If, from
the | 3268 |
| records in the office
of the
clerk involved, there
appears to be | 3269 |
| any
lien on the motor vehicle,
the certificate of
title shall | 3270 |
| contain
a statement of the lien
unless the
application is | 3271 |
| accompanied by
proper evidence of its
extinction. | 3272 |
| (B) A clerk shall transfer a decedent's interest in one
or | 3273 |
|
two automobiles to the surviving spouse of the decedent,
as | 3274 |
|
provided in section 2106.18 of the Revised Code, upon receipt of | 3275 |
|
the title
or titles.
An affidavit executed by the
surviving
spouse | 3276 |
| shall be submitted to the clerk with
the title or titles.
The | 3277 |
| affidavit shall give the date of death of the
decedent, shall | 3278 |
|
state that
each
automobile for which the decedent's interest is to | 3279 |
|
be so transferred is not
disposed of by testamentary disposition, | 3280 |
|
and
shall provide an
approximate value for each automobile | 3281 |
|
selected to be transferred by the
surviving spouse. The affidavit | 3282 |
|
shall also contain a description for each
automobile for which the | 3283 |
|
decedent's interest is to be so
transferred. The transfer does
not | 3284 |
| affect any liens upon any
automobile for which the decedent's | 3285 |
|
interest is so transferred. | 3286 |
| (D) Upon the death of the owner of a motor vehicle
designated | 3294 |
| in beneficiary form under section 2131.13 of the
Revised Code, | 3295 |
| upon application for a certificate of title by the | 3296 |
|
transfer-on-death beneficiary or beneficiaries designated pursuant | 3297 |
|
to that section, and upon presentation to the clerk of the | 3298 |
|
certificate of title and the certificate of death of the decedent, | 3299 |
|
the clerk shall transfer the motor vehicle and issue a certificate | 3300 |
|
of title to the transfer-on-death beneficiary or beneficiaries. | 3301 |
|
The transfer does not affect any liens upon the motor vehicle so | 3302 |
|
transferred. | 3303 |
| Sec. 4505.11. (A) Each owner of a motor vehicle and each
| 3304 |
|
person mentioned as owner in the last certificate of title, when
| 3305 |
|
the motor vehicle is dismantled, destroyed, or changed in such
| 3306 |
|
manner that it loses its character as a motor vehicle, or changed
| 3307 |
|
in such manner that it is not the motor vehicle described in the
| 3308 |
|
certificate of title, shall surrender the certificate of title
to
| 3309 |
|
that motor vehicle to
a clerk of
a court of common pleas, and
the | 3310 |
| clerk, with the consent of any
holders of any liens
noted
on the | 3311 |
| certificate of title,
then shall enter a cancellation upon
the | 3312 |
| clerk's records
and
shall
notify the registrar of motor
vehicles | 3313 |
| of the cancellation. | 3314 |
| (B)
If an Ohio certificate of title or salvage
certificate
of | 3319 |
| title to a motor vehicle is assigned to a salvage
dealer, the | 3320 |
|
dealer is not required to obtain an Ohio
certificate
of title or
a | 3321 |
| salvage certificate of title to the
motor vehicle
in
the
dealer's | 3322 |
| own name if the dealer
dismantles or destroys
the
motor
vehicle, | 3323 |
| indicates the number of
the dealer's motor
vehicle
salvage | 3324 |
| dealer's license
on it, marks
"FOR
DESTRUCTION" across
the face of | 3325 |
| the certificate of title or
salvage certificate of
title, and | 3326 |
| surrenders the certificate of
title or salvage
certificate of | 3327 |
| title to
a clerk of
a
court
of common pleas
as
provided in | 3328 |
| division (A) of this
section. If
the salvage
dealer
retains the | 3329 |
| motor vehicle for
resale, the dealer
shall make
application for a | 3330 |
| salvage
certificate of title to the motor
vehicle in the dealer's | 3331 |
| own
name as provided in division (C)(1) of
this section. | 3332 |
| (C)(1) When an insurance company declares it economically
| 3333 |
|
impractical to repair such a motor vehicle and has paid an agreed
| 3334 |
|
price for the purchase of the motor vehicle to any insured or
| 3335 |
|
claimant owner, the insurance company shall receive the
| 3336 |
|
certificate of title and the motor vehicle and proceed as follows.
| 3337 |
|
Within thirty days, the insurance company shall deliver the
| 3338 |
|
certificate of title to
a clerk of
a court of common pleas
and | 3339 |
|
shall make application for a salvage certificate of title.
The | 3340 |
|
clerk shall issue the salvage certificate of title on a form,
| 3341 |
|
prescribed by the registrar, that shall be
easily distinguishable
| 3342 |
|
from the original certificate of title and
shall bear the same | 3343 |
number and information as the original
certificate of title
except | 3344 |
| that it may bear a different number than that of the
original | 3345 |
| certificate of title.
Except as provided in division
(C)(2) of | 3346 |
| this section, the
salvage
certificate of title shall be
assigned | 3347 |
| by the insurance
company to
a salvage dealer or any
other person | 3348 |
| for use as
evidence of
ownership upon the sale or
other | 3349 |
| disposition of the
motor vehicle,
and the salvage
certificate of | 3350 |
| title shall be
transferrable to any
other person.
The clerk
shall | 3351 |
| charge a fee
of four
dollars for
the cost of
processing each | 3352 |
| salvage
certificate of
title. | 3353 |
| (2) If an insurance company considers a motor vehicle as
| 3354 |
|
described in division (C)(1) of this section to be impossible to
| 3355 |
|
restore for highway operation, the insurance company may assign
| 3356 |
|
the certificate of title to the motor vehicle to a salvage dealer
| 3357 |
|
or scrap metal processing facility and send the assigned
| 3358 |
|
certificate of title to the clerk of the court of common pleas of | 3359 |
theany county
in which the salvage dealer or scrap metal | 3360 |
processing
facility is located. The insurance company shall mark | 3361 |
|
the face
of
the certificate of title
"FOR DESTRUCTION" and
shall | 3362 |
| deliver
a
photocopy of the certificate of title to the
salvage | 3363 |
| dealer or
scrap metal processing facility for its
records. | 3364 |
| (3) If an insurance company declares it economically
| 3365 |
|
impractical to repair a motor vehicle, agrees to pay to the
| 3366 |
|
insured or claimant owner an amount in settlement of a claim
| 3367 |
|
against a policy of motor vehicle insurance covering the motor
| 3368 |
|
vehicle, and agrees to permit the insured or claimant owner to
| 3369 |
|
retain possession of the motor vehicle, the insurance company
| 3370 |
|
shall not pay the insured or claimant owner any amount in
| 3371 |
|
settlement of the insurance claim until the owner obtains a
| 3372 |
|
salvage certificate of title to the vehicle and furnishes a copy
| 3373 |
|
of the salvage certificate of title to the insurance company. | 3374 |
| (1) Mark the face of the certificate of title to the motor
| 3381 |
|
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
| 3382 |
|
to
a clerk of
a court of common pleas for cancellation as
| 3383 |
|
described in division (A) of this section. The self-insured
| 3384 |
|
organization, rental or leasing company, or secured creditor
then | 3385 |
|
shall deliver the motor vehicle, together with a
photocopy of the | 3386 |
|
certificate of title, to a salvage dealer or
scrap metal | 3387 |
|
processing facility and shall cause the motor vehicle
to be | 3388 |
|
dismantled, flattened, crushed, or destroyed. | 3389 |
| (2) Obtain a salvage certificate of title to the motor
| 3390 |
|
vehicle in the name of the self-insured organization, rental or
| 3391 |
|
leasing company, or secured creditor, as provided in division
| 3392 |
|
(C)(1) of this section, and then sell or otherwise dispose of the
| 3393 |
|
motor vehicle. If the motor vehicle is sold, the self-insured
| 3394 |
|
organization, rental or leasing company, or secured creditor
| 3395 |
|
shall
obtain a salvage certificate of title to the motor vehicle
| 3396 |
|
in the
name of the purchaser from
a clerk of
a court of
common
| 3397 |
|
pleas. | 3398 |
| (E) If a motor vehicle titled with a salvage certificate
of
| 3399 |
|
title is restored for operation upon the highways, application
| 3400 |
|
shall be made to
a clerk of
a court of common pleas for a
| 3401 |
|
certificate of title. Upon inspection by the state highway
| 3402 |
|
patrol, which shall include establishing proof of ownership and
| 3403 |
|
an
inspection of the motor number and vehicle identification
| 3404 |
|
number
of the motor vehicle and of documentation or receipts for
| 3405 |
|
the
materials used in restoration by the owner of the motor
| 3406 |
|
vehicle
being inspected, which documentation or receipts shall be
| 3407 |
|
presented at the time of inspection, the clerk, upon surrender of
| 3408 |
|
the salvage certificate of title, shall issue a certificate of
| 3409 |
|
title for a fee prescribed by the registrar. The certificate of
| 3410 |
|
title shall be in the same form as the original certificate of
| 3411 |
title, shall bear the same number as the salvage certificate of
| 3412 |
title and the original certificate of title, and shall bear the
| 3413 |
|
words
"REBUILT SALVAGE" in black boldface letters on its face.
| 3414 |
|
Every subsequent certificate of title, memorandum certificate of
| 3415 |
|
title, or duplicate certificate of title issued for the motor
| 3416 |
|
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
| 3417 |
|
boldface letters on its
face. The exact location on the face of
| 3418 |
|
the certificate of title
of the words
"REBUILT SALVAGE" shall be
| 3419 |
|
determined by the
registrar, who shall develop an automated
| 3420 |
|
procedure within the
automated title processing system to comply
| 3421 |
|
with this division.
The clerk shall use reasonable care in
| 3422 |
|
performing the duties
imposed on the clerk by this division in
| 3423 |
|
issuing a
certificate of title
pursuant to this division, but
the
| 3424 |
|
clerk is not liable for
any of the clerk's errors or
omissions or
| 3425 |
|
those of the clerk's deputies, or the automated
title processing
| 3426 |
|
system in the performance of those duties. A
fee of
fifty dollars
| 3427 |
| shall be assessed by the state
highway
patrol for each
inspection | 3428 |
| made pursuant to this
division and
shall be deposited
into the | 3429 |
| state highway safety
fund established
by section 4501.06
of the | 3430 |
| Revised Code. | 3431 |
| (H)(1) Except as otherwise provided in this
division, an
| 3440 |
|
owner of a manufactured or mobile home that will be
taxed as real
| 3441 |
|
property pursuant to division
(B) of section 4503.06 of the
| 3442 |
|
Revised
Code shall surrender the
certificate of title to the
| 3443 |
|
auditor of the county containing the taxing
district in which the
| 3444 |
|
home is located. An owner
whose home qualifies for real property
| 3445 |
|
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06
of
| 3446 |
|
the Revised
Code shall surrender the
certificate within
fifteen
| 3447 |
|
days after the home meets the
conditions specified in
those
| 3448 |
|
divisions. The
auditor shall deliver the
certificate of
title to
| 3449 |
|
the
clerk of the court of common pleas who issued it. | 3450 |
| (B) Subject to division (A) of this section, any security
| 3503 |
|
agreement covering a security interest in a motor vehicle, if a
| 3504 |
|
notation of the agreement has been made by
a clerk of
a
court
of | 3505 |
| common pleas on the face of the certificate of
title
or
the
clerk | 3506 |
| has entered a notation of the agreement into the
automated
title | 3507 |
| processing system and a physical certificate of
title
for
the | 3508 |
| motor vehicle has not been issued, is valid
as
against the | 3509 |
|
creditors of the debtor, whether armed with
process
or
not, and | 3510 |
|
against subsequent purchasers, secured
parties, and
other
| 3511 |
|
lienholders or claimants. All security
interests, liens,
| 3512 |
|
mortgages, and encumbrances
entered into the automated
title | 3513 |
|
processing system in relation to
a particular certificate
of
| 3514 |
|
title, regardless of whether
a
physical
certificate
of
title
is | 3515 |
|
issued, take priority according to the
order of time
in
which
they | 3516 |
| are
entered into the
automated
title processing system by
the | 3517 |
| clerk.
Exposure for sale of any
motor vehicle by its owner,
with | 3518 |
| the
knowledge or with the
knowledge and consent of the
holder of | 3519 |
| any
security interest,
lien, mortgage, or encumbrance
on it, does | 3520 |
| not
render that
security interest, lien, mortgage,
or encumbrance
| 3521 |
|
ineffective as
against the creditors of that
owner, or against
| 3522 |
|
holders of
subsequent security interests,
liens, mortgages, or
| 3523 |
|
encumbrances
upon that motor vehicle. | 3524 |
| The secured party, upon presentation of
evidence of a
| 3525 |
|
security
interest to
a clerk of
a court of common pleas,
together | 3526 |
| with the
certificate of title
if a physical certificate
of title | 3527 |
| for the
motor
vehicle exists, and the
fee prescribed
by
section | 3528 |
| 4505.09 of the Revised Code, may have a
notation of
the
security | 3529 |
| interest made.
Unless the secured party
specifically
requests the | 3530 |
| clerk not to
issue a physical
certificate of title
and instead to | 3531 |
| issue an electronic
certificate of title, the
clerk
shall issue,
| 3532 |
|
over the clerk's
signature and seal of office, a new
original | 3533 |
| certificate
of
title from the automated title processing
records | 3534 |
| that
indicates
the security interest and the date of the
security
| 3535 |
|
interest. | 3536 |
| If a security interest is
fully discharged
as a
result of its | 3537 |
|
holder's receipt of good funds in the correct amount
and if the | 3538 |
|
holder
holds a physical certificate of title,
the
holder
shall | 3539 |
|
note
the discharge
of the security interest
on
the face of the | 3540 |
|
certificate of title
over the holder's
signature,
or over the | 3541 |
|
holder's
signature on a form prescribed
by the
registrar of
motor | 3542 |
| vehicles when there
is no space for
the
discharge on the
face of | 3543 |
| the certificate of title.
Except
as
otherwise provided
in this | 3544 |
| section, prior to
delivering the
certificate
of title to
the
| 3545 |
|
owner, the holder or
the holder's
agent shall
convey the
| 3546 |
|
certificate of
title or a
separate sworn statement of the | 3547 |
|
discharge of the
security interest
to
a clerk. The conveyance | 3548 |
|
shall occur not more than seven business
days after the date good | 3549 |
|
funds in
the correct amount to fully
discharge the security | 3550 |
|
interest have been credited to
an account
of the holder, provided | 3551 |
|
the holder has been provided accurate
information concerning the | 3552 |
|
motor vehicle. Conveyance of the
certificate of title or separate | 3553 |
|
sworn statement of the discharge
within the required seven | 3554 |
|
business days may be indicated by
postmark or receipt by a clerk | 3555 |
|
within that period. If the
discharge of
the security
interest | 3556 |
|
appears to
be genuine, the
clerk shall note the cancellation
of | 3557 |
|
the
security interest
on
the face of the certificate of title,
if | 3558 |
| it
was so conveyed, and
note it in the
automated title
processing | 3559 |
system
and
upon the
records of
the clerk. | 3560 |
| (G)
"Conviction" means an unvacated adjudication of guilt
or | 3709 |
|
a determination that a person has violated or failed to comply | 3710 |
|
with the law in a court of original jurisdiction or
an authorized | 3711 |
|
administrative tribunal, an unvacated forfeiture
of bail or | 3712 |
|
collateral deposited to secure the person's appearance in court, | 3713 |
|
the payment of a fine or court cost, or violation of a condition | 3714 |
|
of release without bail, regardless of whether or not the penalty | 3715 |
|
is rebated, suspended, or probated. | 3716 |
| Sec. 4506.08. (A) Each application for a commercial
driver's | 3814 |
| license temporary instruction permit shall be
accompanied
by a fee | 3815 |
| of ten dollars; except as provided in
division (B) of
this | 3816 |
| section, each application for a commercial
driver's license, | 3817 |
|
restricted commercial driver's license, or
renewal of such a | 3818 |
|
license shall be accompanied by a fee of twenty-five
dollars; and | 3819 |
|
each application for a duplicate commercial driver's
license shall | 3820 |
|
be accompanied by a fee of ten dollars. In addition, the
registrar | 3821 |
| of motor vehicles or deputy registrar may collect and
retain
an | 3822 |
| additional fee of no more than
two dollars and
seventy-five cents | 3823 |
|
commencing on July 1, 2001, three
dollars and
twenty-five cents | 3824 |
| commencing on January 1, 2003, and
three dollars
and fifty cents | 3825 |
| commencing on January 1, 2004, for
each
application for a | 3826 |
| commercial driver's license temporary
instruction permit, | 3827 |
|
commercial driver's license, renewal of a
commercial driver's | 3828 |
| license, or
duplicate commercial
driver's
license received by the | 3829 |
| registrar or deputy. No
fee shall be
charged for the annual | 3830 |
|
issuance of a waiver for farm-related
service industries pursuant | 3831 |
|
to section 4506.24 of the Revised
Code. | 3832 |
| (B) In addition to the fees imposed under division (A) of | 3838 |
| this section, the registrar of motor vehicles or deputy registrar | 3839 |
| shall collect a fee of twelve dollars commencing on October 1, | 3840 |
| 2003, for each application for a commercial driver's license | 3841 |
| temporary instruction permit, commercial driver's license, or | 3842 |
| duplicate commercial driver's license and for each application for | 3843 |
| renewal of a commercial driver's license with an expiration date | 3844 |
| on or after that date received by the registrar or deputy | 3845 |
| registrar. The additional fee is for the purpose of defraying the | 3846 |
| department of public safety's costs associated with the | 3847 |
| administration and enforcement of the motor vehicle and traffic | 3848 |
| laws of Ohio. Each deputy registrar shall transmit the fees | 3849 |
| collected under division (B) of this section in the time and | 3850 |
| manner prescribed by the registrar. The registrar shall deposit | 3851 |
| all moneys received under division (B) of this section into the | 3852 |
| state highway safety fund established in section 4501.06 of the | 3853 |
| Revised Code. | 3854 |
| Sec. 4506.11. (A) Every commercial driver's license shall
be | 3860 |
| marked "commercial driver's license" or "CDL" and shall be of
such | 3861 |
| material and so designed as to prevent its reproduction or | 3862 |
|
alteration without ready detection, and, to this end, shall be | 3863 |
|
laminated with a transparent plastic material. The commercial | 3864 |
|
driver's
license for licensees under twenty-one years of age shall | 3865 |
|
have characteristics
prescribed by the registrar of motor vehicles | 3866 |
|
distinguishing it from that
issued to a licensee who is twenty-one | 3867 |
|
years of age or older. Every
commercial
driver's license shall | 3868 |
|
display all of the following
information: | 3869 |
| Every driver's license shall display on it the distinguishing | 3991 |
|
number assigned to the licensee and shall display the licensee's | 3992 |
|
name
and date of birth;
the licensee's residence address and | 3993 |
|
county of
residence; a color photograph of the licensee; a brief | 3994 |
|
description
of the
licensee for the purpose
of identification; a | 3995 |
|
facsimile of
the signature of the licensee
as it appears on the | 3996 |
application for
the license;
a space marked
"blood type" in which | 3997 |
a licensee may
specify the licensee's
blood type; a notation, in a | 3998 |
|
manner
prescribed by the registrar, indicating
any condition | 3999 |
|
described in
division (D)(3) of section 4507.08 of the
Revised | 4000 |
|
Code
to which
the licensee is subject; if the licensee has | 4001 |
|
executed a durable
power
of attorney for health care or a | 4002 |
|
declaration governing the
use or
continuation, or the withholding | 4003 |
|
or withdrawal, of
life-sustaining treatment and has specified that | 4004 |
|
the licensee
wishes the license to indicate that the
licensee has | 4005 |
|
executed
either type of
instrument, any symbol chosen by the | 4006 |
|
registrar to
indicate that
the licensee has executed either type | 4007 |
|
of instrument;
and any
additional information that the registrar | 4008 |
|
requires by
rule.
No license
shall display the
licensee's social | 4009 |
|
security
number unless the licensee specifically requests
that the | 4010 |
|
licensee's social security number
be displayed on the license.
If | 4011 |
| federal law requires the licensee's social security number to
be | 4012 |
| displayed
on the license, the social security number shall be | 4013 |
|
displayed on the license
notwithstanding
this section. | 4014 |
| Sec. 4507.141. (A) Any hearing-impaired person may apply
to | 4047 |
|
the registrar of motor vehicles for an identification card | 4048 |
|
identifying the person as hearing-impaired. The application for
a | 4049 |
|
hearing-impaired identification card shall be accompanied by a | 4050 |
|
signed statement from the applicant's personal physician | 4051 |
|
certifying that the applicant is hearing-impaired. Upon receipt
of | 4052 |
| the application for the identification card and the signed | 4053 |
|
statement from the applicant's personal physician, and upon | 4054 |
presentation by the applicant of
histhe applicant's driver's or | 4055 |
commercial
driver's license or motorcycle operator's license
and | 4056 |
payment of
a fee of five dollars, the registrar shall issue the | 4057 |
|
applicant an
identification card. A hearing-impaired person may | 4058 |
|
also apply
for a hearing-impaired identification card at the time | 4059 |
hethe
person applies
for a driver's or commercial driver's | 4060 |
|
license or motorcycle
operator's license or endorsement. Every | 4061 |
|
hearing-impaired
identification card shall expire on the same date | 4062 |
|
that the
cardholder's driver's or commercial driver's license or | 4063 |
|
motorcycle operator's license expires. | 4064 |
| (B) The hearing-impaired identification card shall be | 4065 |
|
rectangular in shape, approximately the same size as an average | 4066 |
|
motor vehicle sun visor, as determined by the registrar, to
enable | 4067 |
|
the identification card to be attached to a sun visor in a
motor | 4068 |
|
vehicle. The identification card shall contain the heading | 4069 |
|
"Identification Card for the Hearing-impaired Driver" in boldface | 4070 |
|
type, the name and signature of the hearing-impaired person to | 4071 |
|
whom it is issued, an identifying number, and instructions on the | 4072 |
|
actions the hearing-impaired person should take and the actions | 4073 |
the person should refrain from taking in the event
hethe person | 4074 |
|
is stopped
by a law enforcement officer while operating the motor | 4075 |
|
vehicle.
The registrar shall determine the preferred manner in | 4076 |
|
which a
hearing-impaired motorcycle operator should carry or | 4077 |
|
display the
hearing-impaired identification card, and the color | 4078 |
|
and
composition of, and any other information to be included on, | 4079 |
|
the
identification card. | 4080 |
Sec. 4507.20. The registrar of motor vehicles, upon | 4092 |
determination that any
person has more than seven points charged | 4093 |
against
the person
under section 4507.021
of
the Revised Code,
and | 4094 |
is not subject to the provisions of section 4507.022 of
the | 4095 |
Revised Code, or, having good cause to believe that the holder of | 4096 |
|
a
driver's or commercial driver's license is incompetent or | 4097 |
otherwise not
qualified to be licensed, shall uponsend a written | 4098 |
notice
of at least five days sent
to the licensee's last known | 4099 |
address,
requirerequiring
the licensee
to submit to a driver's | 4100 |
|
license
examination
or a physical examination, or both, or a | 4101 |
| commercial
driver's
license examination within the time indicated | 4102 |
| on the notice.
The physical examination may be
conducted by
any | 4103 |
| individual authorized by the Revised Code to do
so, including
a | 4104 |
| physician assistant, a clinical nurse specialist,
a certified | 4105 |
nurse practitioner, or a certified nurse midwifenurse-midwife. | 4106 |
| Any
written
documentation of the physical examination shall be | 4107 |
|
completed by
the individual who conducted the examination. | 4108 |
| Sec. 4507.50. (A) The registrar of motor vehicles or a | 4124 |
|
deputy
registrar, upon receipt of an application filed in | 4125 |
|
compliance with section 4507.51 of the Revised Code by any person | 4126 |
|
who is a resident or a temporary resident of this state and, | 4127 |
|
except as
otherwise provided in this section, is not licensed as | 4128 |
|
an operator of a motor
vehicle in this state or another licensing | 4129 |
|
jurisdiction, and, except
as provided in division (B) of this | 4130 |
|
section, upon
receipt of a fee of three dollars and fifty cents, | 4131 |
|
shall issue an
identification card to that person. | 4132 |
| Any person who is a resident or temporary resident of this | 4133 |
|
state whose
Ohio driver's or commercial driver's license has been | 4134 |
|
suspended or
revoked, upon application in compliance with section | 4135 |
|
4507.51
of the Revised Code and, except as provided in division | 4136 |
|
(B)
of this section, payment of a fee of three dollars and
fifty | 4137 |
|
cents, may be issued a temporary identification card. The | 4138 |
|
temporary identification card shall be identical to an | 4139 |
|
identification card, except that it shall be printed on its face | 4140 |
|
with a statement that the card is valid during the effective
dates | 4141 |
|
of the suspension or revocation of the cardholder's
license, or | 4142 |
|
until the birthday of the cardholder in the fourth
year after the | 4143 |
|
date on which it is issued, whichever is shorter.
The cardholder | 4144 |
|
shall surrender the identification card to
the registrar or any | 4145 |
|
deputy registrar before the
cardholder's driver's or
commercial | 4146 |
|
driver's license is restored or reissued. | 4147 |
| Neither the registrar nor any deputy registrar shall charge
a | 4156 |
|
fee in excess of one dollar and fifty cents for laminating an | 4157 |
|
identification card or temporary identification card. A deputy | 4158 |
|
registrar
laminating such a card shall retain the entire amount
of | 4159 |
|
the fee
charged for lamination, less the actual cost to the | 4160 |
|
registrar of
the laminating materials used for that lamination,
as | 4161 |
|
specified in
the contract executed by the bureau for the | 4162 |
|
laminating materials
and laminating equipment. The deputy | 4163 |
|
registrar shall forward the
amount of the cost of the laminating | 4164 |
|
materials to the registrar
for deposit as provided in this | 4165 |
|
section. | 4166 |
If the identification card or temporary identification
card | 4179 |
of a disabled veteran described in this division is
laminated by a | 4180 |
deputy registrar who is acting as a deputy
registrar pursuant to a | 4181 |
contract with the registrar that is in
effect on the effective | 4182 |
date of this amendment, the disabled
veteran shall pay the deputy | 4183 |
registrar the
lamination fee prescribed in division
(A) of this | 4184 |
section. If the
identification card or temporary identification | 4185 |
card is
laminated by a deputy registrar who is acting as a deputy | 4186 |
registrar pursuant to a contract with the registrar that is | 4187 |
executed after
July 29, 1998,
the
disabled veteran is not
required | 4188 |
to pay the deputy registrar
the
lamination fee prescribed
in | 4189 |
division
(A) of this section. | 4190 |
| Sec. 4507.51. (A)(1) Every application for an
identification | 4197 |
| card or duplicate shall be made on a form
furnished
by the | 4198 |
| registrar of motor vehicles, shall be signed by
the
applicant, and | 4199 |
| by the applicant's parent or guardian if
the
applicant is
under | 4200 |
| eighteen years of age, and shall contain the
following
information | 4201 |
| pertaining to the applicant: name, date of
birth,
sex, general | 4202 |
| description including the applicant's height,
weight, hair color, | 4203 |
and eye color, address,
and social security
number, and at the | 4204 |
option of the applicant, the applicant's the
applicant's the | 4205 |
applicant's the applicant's blood type. The
application form
shall | 4206 |
state that an applicant is not required to
furnish
the applicant's | 4207 |
the applicant's
blood type. The
application also shall state | 4208 |
| whether an applicant wishes to
certify willingness to
make an | 4209 |
| anatomical gift under section
2108.04 of the Revised Code
and | 4210 |
| shall include information about
the requirements of that
section | 4211 |
| that apply to persons who are
less than eighteen years of
age. The | 4212 |
| statement regarding
willingness to make such a
donation
shall be | 4213 |
| given no
consideration in the decision of whether to
issue an | 4214 |
|
identification card. Each applicant shall be
photographed in
color | 4215 |
| at the time of making application. | 4216 |
| (2) The application also shall
state whether the applicant | 4217 |
|
has executed a valid durable power
of attorney for health care | 4218 |
|
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has | 4219 |
|
executed a declaration governing the
use or continuation, or the | 4220 |
|
withholding or withdrawal, of
life-sustaining treatment pursuant | 4221 |
|
to sections 2133.01
to 2133.15 of the Revised Code and, if the | 4222 |
|
applicant has executed
either type of
instrument, whether the | 4223 |
|
applicant wishes the
identification card issued to indicate that | 4224 |
|
the applicant has
executed the instrument. | 4225 |
| Sec. 4507.99. (A) Whoever violates division (B)(2) or
(D)(1) | 4248 |
| of section 4507.02 of the Revised Code is guilty of
driving
under | 4249 |
| suspension or revocation or in violation of license
restrictions, | 4250 |
| a misdemeanor of the first degree. Whoever
violates
division (C) | 4251 |
| of section 4507.02 of the Revised Code is
guilty of
driving | 4252 |
| without paying a license reinstatement fee, a
misdemeanor
of the | 4253 |
| first degree. Except as otherwise provided in division (D)
of | 4254 |
| section 4507.162 of the Revised Code, the court, in addition to
or | 4255 |
|
independent of all other penalties provided by
law, may suspend | 4256 |
|
for a period not to exceed one year the driver's
or commercial | 4257 |
|
driver's license or permit or nonresident operating
privilege of | 4258 |
|
any person who pleads guilty to or is convicted of a
violation of | 4259 |
|
division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised | 4260 |
|
Code. | 4261 |
| (1) Except as otherwise provided in division (B)(2) or (3)
of | 4266 |
| this section, driving under OMVI suspension or revocation is a | 4267 |
|
misdemeanor of the first degree, and the court shall sentence the | 4268 |
|
offender to a term of imprisonment of not less than three | 4269 |
|
consecutive days and may sentence the offender pursuant to
section | 4270 |
|
2929.21 of the Revised Code to a longer term of
imprisonment. As | 4271 |
|
an alternative to the term of imprisonment
required to be imposed | 4272 |
|
by this division, but subject to division
(B)(6) of this section, | 4273 |
|
the court may sentence the offender to a
term of not less than | 4274 |
|
thirty consecutive days of electronically
monitored house arrest | 4275 |
|
as defined in division (A)(4) of section
2929.23 of the Revised | 4276 |
|
Code. The period of electronically
monitored house arrest shall | 4277 |
|
not exceed six months. In addition,
the court shall impose upon | 4278 |
|
the offender a fine of not less than
two hundred fifty and not | 4279 |
|
more than one thousand dollars. | 4280 |
| Regardless of whether the vehicle the offender was
operating | 4281 |
|
at the time of the offense is registered in the offender's name or | 4282 |
|
in the name of another person, the court, in addition to or | 4283 |
|
independent of any other sentence that it imposes upon the | 4284 |
|
offender and subject to section 4503.235 of the Revised Code, | 4285 |
|
shall order the immobilization for thirty days of the vehicle the | 4286 |
|
offender was operating at the time of the offense and the | 4287 |
|
impoundment for thirty days of the identification license plates | 4288 |
|
of that vehicle. The order for immobilization and impoundment | 4289 |
|
shall be issued and enforced in accordance with section 4503.233 | 4290 |
|
of the Revised Code. | 4291 |
| (2) If, within five years of the offense, the offender has | 4292 |
|
been convicted of or pleaded guilty to one violation of division | 4293 |
|
(D)(2) of section 4507.02 of the Revised Code or a municipal | 4294 |
|
ordinance that is substantially equivalent to that division, | 4295 |
|
driving under OMVI suspension or revocation is a misdemeanor, and | 4296 |
|
the court shall sentence the offender to a term of imprisonment
of | 4297 |
|
not less than ten consecutive days and may sentence the
offender | 4298 |
|
to a longer definite term of imprisonment of not more
than one | 4299 |
|
year. As an alternative to the term of imprisonment
required to
be | 4300 |
| imposed by this division, but subject to division
(B)(6) of
this | 4301 |
| section, the court may sentence the offender to a
term of not
less | 4302 |
| than ninety consecutive days of electronically
monitored
house | 4303 |
| arrest as defined in division (A)(4) of section
2929.23 of
the | 4304 |
| Revised Code. The period of electronically
monitored house
arrest | 4305 |
| shall not exceed one year. In addition,
the court shall
impose | 4306 |
| upon the offender a fine of not less than
five hundred and
not | 4307 |
| more than two thousand five hundred dollars. | 4308 |
| Regardless of whether the vehicle the offender was
operating | 4309 |
|
at the time of the offense is registered in the offender's name or | 4310 |
|
in the name of another person, the court, in addition to or | 4311 |
|
independent of any other sentence that it imposes upon the | 4312 |
|
offender and subject to section 4503.235 of the Revised Code, | 4313 |
|
shall order the immobilization for sixty days of the vehicle the | 4314 |
|
offender was operating at the time of the offense and the | 4315 |
|
impoundment for sixty days of the identification license plates
of | 4316 |
|
that vehicle. The order for immobilization and impoundment
shall | 4317 |
|
be issued and enforced in accordance with section 4503.233
of the | 4318 |
|
Revised Code. | 4319 |
| (3) If, within five years of the offense, the offender has | 4320 |
|
been convicted of or pleaded guilty to two or more violations of | 4321 |
|
division (D)(2) of section 4507.02 of the Revised Code or a | 4322 |
|
municipal ordinance that is substantially equivalent to that | 4323 |
|
division, driving under OMVI suspension or revocation is guilty
of | 4324 |
|
a misdemeanor. The court shall sentence the offender to a
term of | 4325 |
|
imprisonment of not less than thirty consecutive days and
may | 4326 |
|
sentence the offender to a longer definite term of
imprisonment of | 4327 |
|
not more than one year. The court shall not
sentence the offender | 4328 |
|
to a term of electronically monitored house
arrest as defined in | 4329 |
|
division (A)(4) of section 2929.23 of the
Revised Code. In | 4330 |
|
addition, the court shall impose upon the
offender a fine of not | 4331 |
|
less than five hundred and not more than
two thousand five hundred | 4332 |
|
dollars. | 4333 |
| Regardless of whether the vehicle the offender was
operating | 4334 |
|
at the time of the offense is registered in the offender's name or | 4335 |
|
in the name of another person, the court, in addition to or | 4336 |
|
independent of any other sentence that it imposes upon the | 4337 |
|
offender and subject to section 4503.235 of the Revised Code, | 4338 |
|
shall order the criminal forfeiture to the state of the vehicle | 4339 |
|
the offender was operating at the time of the offense. The order | 4340 |
|
of criminal forfeiture shall be issued and enforced in accordance | 4341 |
|
with section 4503.234 of the Revised Code. | 4342 |
| (6) No court shall impose the alternative sentence of not | 4365 |
|
less than thirty consecutive days of electronically monitored | 4366 |
|
house arrest permitted to be imposed by division (B)(1) of this | 4367 |
|
section or the alternative sentence of a term of not less than | 4368 |
|
ninety consecutive days of electronically monitored house arrest | 4369 |
|
permitted to be imposed by division (B)(2) of this section,
unless | 4370 |
|
within sixty days of the date of sentencing, the court
issues a | 4371 |
|
written finding, entered into the record, that, due to
the | 4372 |
|
unavailability of space at the incarceration facility where
the | 4373 |
|
offender is required to serve the term of imprisonment
imposed | 4374 |
|
upon the offender, the offender will not be able to begin
serving | 4375 |
|
that term of imprisonment within the sixty-day period following | 4376 |
|
the date of sentencing. If the court issues such a finding, the | 4377 |
|
court may impose the alternative sentence comprised of or | 4378 |
|
including electronically monitored house arrest permitted to be | 4379 |
|
imposed by division (B)(1) or (2) of this section. | 4380 |
| (8) Suspension of a commercial driver's license under this | 4388 |
|
section shall be concurrent with any period of disqualification | 4389 |
|
under section 3123.611 or 4506.16 of the Revised
Code or any | 4390 |
|
period of suspension under section 3123.58 of the
Revised Code. No | 4391 |
|
person who is
disqualified for life from holding a commercial | 4392 |
|
driver's license
under section 4506.16 of the Revised Code shall | 4393 |
|
be issued a
driver's license under this chapter during the period | 4394 |
|
for which
the commercial driver's license was suspended under this | 4395 |
|
section,
and no person whose commercial driver's license is | 4396 |
|
suspended
under this section shall be issued a driver's license | 4397 |
|
under this
chapter during the period of the suspension. | 4398 |
| Regardless of whether the vehicle the offender was
operating | 4407 |
|
at the time of the offense is registered in the offender's name or | 4408 |
|
in the name of another person, the court, in addition to or | 4409 |
|
independent of any other sentence that it imposes upon the | 4410 |
|
offender and subject to section 4503.235 of the Revised Code, | 4411 |
|
shall order the immobilization for thirty days of the vehicle the | 4412 |
|
offender was operating at the time of the offense and the | 4413 |
|
impoundment for thirty days of the identification license plates | 4414 |
|
of that vehicle. The order for immobilization and impoundment | 4415 |
|
shall be issued and enforced in accordance with section 4503.233 | 4416 |
|
of the Revised Code. | 4417 |
| Regardless of whether the vehicle the offender was
operating | 4424 |
|
at the time of the offense is registered in the offender's name or | 4425 |
|
in the name of another person, the court, in addition to or | 4426 |
|
independent of any other sentence that it imposes upon the | 4427 |
|
offender and subject to section 4503.235 of the Revised Code, | 4428 |
|
shall order the immobilization for sixty days of the vehicle the | 4429 |
|
offender was operating at the time of the offense and the | 4430 |
|
impoundment for sixty days of the identification license plates
of | 4431 |
|
that vehicle. The order for immobilization and impoundment
shall | 4432 |
|
be issued and enforced in accordance with section 4503.233
of the | 4433 |
|
Revised Code. | 4434 |
| Regardless of whether the vehicle the offender was
operating | 4441 |
|
at the time of the offense is registered in the offender's name or | 4442 |
|
in the name of another person, the court, in addition to or | 4443 |
|
independent of any other sentence that it imposes upon the | 4444 |
|
offender and subject to section 4503.235 of the Revised Code, | 4445 |
|
shall order the criminal forfeiture to the state of the vehicle | 4446 |
|
the offender was operating at the time of the offense. The order | 4447 |
|
of criminal forfeiture shall be issued and enforced in accordance | 4448 |
|
with section 4503.234 of the Revised Code. | 4449 |
| (1) Except as otherwise provided in division (E)(2) of this | 4481 |
|
section,
permitting the operation of a vehicle by a person
with no | 4482 |
|
legal right to operate a vehicle is a misdemeanor of the
first | 4483 |
|
degree. In addition to or independent of any other
sentence that | 4484 |
|
it imposes upon the offender and subject to section
4503.235 of | 4485 |
|
the Revised Code, the court shall order the
immobilization for | 4486 |
|
thirty days of the vehicle involved in the
offense and the | 4487 |
|
impoundment for thirty days of the identification
license plates | 4488 |
|
of that vehicle. The order for immobilization and
impoundment | 4489 |
|
shall be issued and enforced in accordance with
section 4503.233 | 4490 |
|
of the Revised Code. | 4491 |
| (2) If the offender previously has been convicted of or | 4492 |
|
pleaded guilty to one or more violations of section 4507.33 of
the | 4493 |
|
Revised Code, permitting the operation of a vehicle by a
person | 4494 |
|
with no legal right to operate a vehicle is a misdemeanor
of the | 4495 |
|
first degree. In addition to or independent of any other
sentence | 4496 |
|
that it imposes upon the offender and subject to section
4503.235 | 4497 |
|
of the Revised Code, the court shall order the criminal
forfeiture | 4498 |
|
to the state of the vehicle involved in the offense.
The order of | 4499 |
|
criminal forfeiture shall be issued and enforced in
accordance | 4500 |
|
with section 4503.234 of the Revised Code. | 4501 |
(J) Whenever a person is found guilty of a violation of a | 4528 |
traffic offense specified in Traffic Rule 13(B) that requires the | 4529 |
person's appearance in court, the court shall require the person | 4530 |
to verify the
existence at the time of the
offense of proof of | 4531 |
financial responsibility covering the
person's operation of the | 4532 |
motor vehicle, or the motor vehicle if
registered in the person's | 4533 |
name, and notify the registrar pursuant to division
(D) of section | 4534 |
4509.101 of the Revised Code
if the person fails to verify the | 4535 |
existence of such proof of
financial responsibility. | 4536 |
| (C) The registrar may permit deputy registrars to perform a | 4547 |
| search and furnish a certified abstract under this section. A | 4548 |
| deputy registrar performing this function shall comply with | 4549 |
| section 4501.27 of the Revised Code concerning the disclosure of | 4550 |
| personal information, shall collect and transmit to the registrar | 4551 |
| the two dollar fee established under division (B) of this section, | 4552 |
| and may collect and retain a service fee of three dollars and | 4553 |
| twenty-five cents commencing on the effective date of this | 4554 |
| amendment. If the deputy registrar fees are increased on January | 4555 |
| 1, 2004, in accordance with section 4503.034 of the Revised Code, | 4556 |
| the deputy registrar may collect and retain a service fee of three | 4557 |
| dollars and fifty cents, commencing on that date. | 4558 |
| (a) Suspension of the person's operating privileges and | 4567 |
|
impoundment of the person's license until the person complies
with | 4568 |
|
division (A)(5) of this section. The suspension shall be
for a | 4569 |
|
period of not less than ninety days except that if, within
five | 4570 |
|
years of the violation, the person's operating privileges
are | 4571 |
|
again suspended and the person's license is impounded
one or more | 4572 |
|
times for a violation of division (A)(1) of this section, the | 4573 |
|
suspension shall be for a period of not less than one year.
Except | 4574 |
|
as
provided by section 4509.105 of the Revised Code, the | 4575 |
|
suspension is not
subject to revocation, suspension, or | 4576 |
|
occupational or other limited operating privileges. | 4577 |
| (5) Except as provided in division (A)(6) of this
section, | 4616 |
|
the registrar shall not restore any operating
privileges or | 4617 |
|
registration rights suspended under this section,
return any | 4618 |
|
license, certificate of registration, or license
plates impounded | 4619 |
|
under this section, or reissue license plates
under section | 4620 |
|
4503.232 of the Revised Code, if the registrar
destroyed the | 4621 |
|
impounded license plates under that section,
or reissue a license | 4622 |
|
under section 4507.54 of the Revised Code,
if the registrar | 4623 |
|
destroyed the suspended license under that
section, unless the | 4624 |
|
rights are not subject to suspension or
revocation under any other | 4625 |
|
law and unless the person, in addition
to complying with all other | 4626 |
|
conditions required by law for
reinstatement of the operating | 4627 |
|
privileges or registration rights,
complies with all of the | 4628 |
|
following: | 4629 |
| (c) Record the name and address of the person whose | 4672 |
|
certificate of registration and license plates have been
impounded | 4673 |
|
or are under an order of impoundment, or whose license
has been | 4674 |
|
suspended or is under an order of suspension; the serial
number of | 4675 |
|
the person's license; the serial numbers of
the person's | 4676 |
|
certificate of
registration and license plates; and the person's | 4677 |
|
social
security account number, if assigned, or, where the motor | 4678 |
|
vehicle
is used for hire or principally in connection with any | 4679 |
|
established business, the person's federal taxpayer
identification | 4680 |
|
number. The information shall be recorded in such
a manner that
it | 4681 |
| becomes a part of the person's permanent record,
and assists
the | 4682 |
| registrar in monitoring compliance with the
orders of
suspension | 4683 |
| or impoundment. | 4684 |
| (2) The registrar shall issue any order under division
(B)(1) | 4693 |
| of this section without a hearing. Any person
adversely
affected | 4694 |
| by the order, within ten days after the issuance of
the
order, may | 4695 |
| request an administrative hearing before the
registrar,
who shall | 4696 |
| provide the person with an opportunity for a
hearing in
accordance | 4697 |
| with this paragraph. A request for a
hearing does not
operate as a | 4698 |
| suspension of the order. The scope
of the hearing
shall be limited | 4699 |
| to whether the person in fact
demonstrated to the
registrar proof | 4700 |
| of financial responsibility
in accordance with
this section. The | 4701 |
| registrar shall determine
the date, time, and
place of any | 4702 |
| hearing, provided that the
hearing shall be held, and
an order | 4703 |
| issued or findings made,
within thirty days after the
registrar | 4704 |
| receives a request for a
hearing. If requested by the
person in | 4705 |
| writing, the registrar
may designate as the place of
hearing the | 4706 |
| county seat of the
county in which the person resides
or a place | 4707 |
| within fifty miles
of the person's residence. The
person shall pay | 4708 |
| the cost of the
hearing before the registrar, if
the registrar's | 4709 |
| order of
suspension or impoundment is upheld. | 4710 |
| (C) Any order of suspension or impoundment issued under
this | 4711 |
|
section or division (B) of section 4509.37 of the Revised
Code may | 4712 |
|
be terminated at any time if the registrar determines
upon a | 4713 |
|
showing of proof of financial responsibility that the
operator or | 4714 |
|
owner of the motor vehicle was in compliance with
division (A)(1) | 4715 |
|
of this section at the time of the traffic
offense, motor vehicle | 4716 |
|
inspection, or accident that
resulted in
the order against the | 4717 |
|
person. A determination may be made
without a hearing. This | 4718 |
|
division does not apply unless the
person shows good cause for the | 4719 |
|
person's failure to present
satisfactory proof of financial | 4720 |
|
responsibility to the
registrar prior to the issuance of the | 4721 |
|
order. | 4722 |
| (a) Except as provided in division
(D)(1)(b) of this
section, | 4725 |
| any peace
officer who, in the performance of the peace
officer's | 4726 |
| duties as
authorized by
law, becomes aware of a person
whose | 4727 |
| license is under an order of
suspension, or whose
certificate of | 4728 |
| registration and license
plates are under an order
of impoundment, | 4729 |
| pursuant to this
section, may confiscate the
license, certificate | 4730 |
| of
registration, and license plates, and
return them to the | 4731 |
|
registrar. | 4732 |
| (b) Any peace officer who, in the performance of the peace | 4733 |
|
officer's duties as authorized by law, becomes aware of a person | 4734 |
|
whose license
is under an order of
suspension, or whose | 4735 |
|
certificate of registration and license
plates are under an order | 4736 |
|
of impoundment resulting from failure to
respond to a financial | 4737 |
|
responsibility random verification, shall
not, for that reason, | 4738 |
|
arrest the owner or operator or seize the vehicle or
license | 4739 |
|
plates. Instead, the peace officer shall issue a citation for a | 4740 |
|
violation of division (B)(1) of section 4507.02 of the
Revised | 4741 |
|
Code specifying the
circumstances as failure to respond to a | 4742 |
|
financial responsibility random
verification. | 4743 |
| (3) A peace officer shall indicate on every traffic ticket | 4750 |
|
whether the person receiving the traffic ticket produced proof of | 4751 |
|
the maintenance of financial responsibility in response to the | 4752 |
|
officer's request under division (D)(2) of this section.
The
peace | 4753 |
| officer shall inform every person who receives a traffic
ticket | 4754 |
| and who has failed to produce proof of
the
maintenance of | 4755 |
|
financial responsibility that the person
must submit proof to the | 4756 |
|
traffic violations bureau with any payment of a
fine and costs for | 4757 |
|
the ticketed violation or, if the person is to
appear in court for | 4758 |
|
the
violation, the person must submit proof
to the court. | 4759 |
| (5)(a) Upon receiving notice from a clerk of courts or | 4776 |
|
traffic
violations bureau pursuant to division (D)(4) of this | 4777 |
|
section,
the registrar shall
order the suspension of the license | 4778 |
|
of the person required under division
(A)(2)(a) of this section | 4779 |
|
and the impoundment of the
person's certificate of registration | 4780 |
|
and license plates required under
division (A)(2)(b) of this | 4781 |
|
section, effective thirty
days after the date of the mailing of | 4782 |
|
notification. The registrar also
shall notify the person
that the | 4783 |
|
person must present the registrar with proof of financial | 4784 |
|
responsibility in accordance with this section, surrender to the | 4785 |
|
registrar the person's certificate of registration,
license | 4786 |
|
plates,
and license, or submit a statement subject to section | 4787 |
|
2921.13 of
the Revised Code that the person did not operate or | 4788 |
|
permit
the operation
of the motor vehicle at the time of the | 4789 |
|
offense.
Notification
shall be in writing and shall be sent to
the | 4790 |
| person at the person's
last known address as shown on the
records | 4791 |
| of the bureau of motor
vehicles. The person, within
fifteen days | 4792 |
| after the date
of the mailing of notification, shall
present proof | 4793 |
| of financial
responsibility, surrender the
certificate of | 4794 |
| registration,
license plates, and license to the
registrar in a | 4795 |
|
manner set
forth in division (A)(4) of this
section, or submit the | 4796 |
| statement
required under this section
together with other | 4797 |
| information the
person considers appropriate. | 4798 |
| (c) Any person adversely affected by the order of the | 4812 |
|
registrar under division (D)(5)(a) or (b) of this section,
within | 4813 |
|
ten days after the issuance of the order, may request an | 4814 |
|
administrative hearing before the registrar, who shall provide
the | 4815 |
|
person with an opportunity for a hearing in accordance with
this | 4816 |
|
paragraph. A request for a hearing does not operate as a | 4817 |
|
suspension of the order. The scope of the hearing shall be
limited | 4818 |
to whether, at the time of the hearing, the person
in fact | 4819 |
demonstrated to the
registrarpresents proof of financial | 4820 |
|
responsibility
covering the vehicle and whether the person is | 4821 |
|
eligible for an exemption in accordance with
this section
or any | 4822 |
|
rule adopted under it. The registrar shall determine the date, | 4823 |
|
time, and
place of any hearing; provided, that the hearing shall | 4824 |
|
be held,
and an order issued or findings made, within thirty days | 4825 |
|
after
the registrar receives a request for a hearing. If
requested | 4826 |
| by
the person in writing, the registrar may designate as
the place | 4827 |
|
of hearing the county seat of the county in which the
person | 4828 |
|
resides or a place within fifty miles of the person's
residence. | 4829 |
|
Such person shall pay the cost of the hearing before
the | 4830 |
|
registrar, if the registrar's order of suspension or
impoundment | 4831 |
|
under division (D)(5)(a) or (b) of this section is
upheld. | 4832 |
| (6) A peace officer may charge an owner or operator of a | 4833 |
|
motor vehicle with a violation of division (B)(1) of section | 4834 |
|
4507.02 of the Revised Code when the owner or operator fails to | 4835 |
|
show proof of the maintenance of financial responsibility
pursuant | 4836 |
|
to a peace officer's request under division (D)(2)
of this | 4837 |
|
section, if a check of the owner or operator's driving
record | 4838 |
|
indicates that the owner or operator, at the time of the
operation | 4839 |
|
of the motor vehicle, is required to file and maintain
proof of | 4840 |
|
financial responsibility under section 4509.45 of the
Revised Code | 4841 |
|
for a previous violation of this chapter. | 4842 |
| (E) All fees, except court costs, collected under this | 4854 |
|
section shall be paid into the state treasury to the credit of
the | 4855 |
|
financial responsibility compliance fund. The financial | 4856 |
|
responsibility compliance fund shall be used exclusively to cover | 4857 |
|
costs incurred by the bureau in the administration of this
section | 4858 |
|
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 4859 |
|
and by any law enforcement agency employing any
peace officer who | 4860 |
|
returns any license, certificate of
registration, and license | 4861 |
|
plates to the registrar pursuant
to division (C) of this section, | 4862 |
|
except that the director
of
budget and management may transfer | 4863 |
|
excess money from the
financial responsibility compliance fund to | 4864 |
|
the state
bureau of motor vehicles fund if the registrar | 4865 |
|
determines that the amount of
money
in the financial | 4866 |
|
responsibility compliance fund exceeds the
amount required to | 4867 |
|
cover such costs incurred by the bureau or a
law enforcement | 4868 |
|
agency and requests the director to make the
transfer. | 4869 |
| (c) Whenever it is determined by a final judgment in a | 4932 |
|
judicial proceeding that an insurer or surety, which has been | 4933 |
|
named on a document accepted by a court or the registrar as proof | 4934 |
|
of financial responsibility covering the operation of a motor | 4935 |
|
vehicle at the time of an accident or offense, is not liable to | 4936 |
|
pay a judgment for injuries or damages resulting from such | 4937 |
|
operation, the registrar, notwithstanding any previous
contrary | 4938 |
|
finding, shall forthwith suspend the operating privileges and | 4939 |
|
registration rights of the person against whom the judgment was | 4940 |
|
rendered as provided in division (A)(2) of this section. | 4941 |
| (I) For purposes of this section, "owner" does not include
a | 4950 |
|
licensed motor vehicle leasing dealer as defined in section | 4951 |
|
4517.01 of the Revised Code, but does include a motor vehicle | 4952 |
|
renting dealer as defined in section 4549.65 of the Revised
Code.
| 4953 |
|
Nothing in this section or in section 4509.51 of the Revised Code | 4954 |
|
shall be
construed to prohibit a motor vehicle renting dealer
from | 4955 |
|
entering into a contractual agreement with a person whereby
the | 4956 |
|
person renting the motor vehicle agrees to be solely responsible | 4957 |
|
for
maintaining proof of
financial responsibility, in accordance | 4958 |
|
with this section, with
respect to the operation, maintenance, or | 4959 |
|
use of the motor vehicle during the
period
of the motor vehicle's | 4960 |
|
rental. | 4961 |
| Sec. 4510.036. (A) The bureau of motor vehicles shall
record | 4997 |
|
within ten days, after receipt, and shall keep at its main
office, | 4998 |
| all
abstracts received under this section
or section
4510.03, | 4999 |
| 4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall | 5000 |
| maintain records of convictions and bond
forfeitures for any | 5001 |
|
violation of a state law or a municipal
ordinance regulating the | 5002 |
|
operation of vehicles, streetcars, and trackless
trolleys on | 5003 |
|
highways and
streets, except a violation related to parking a | 5004 |
|
motor vehicle. | 5005 |
| (B) Every court of record or mayor's court before which a | 5006 |
|
person
is charged with a violation for which points are chargeable | 5007 |
|
by this section
shall assess and transcribe to the abstract of | 5008 |
|
conviction that is furnished by the bureau
to the court
the number | 5009 |
|
of points
chargeable by this section in
the correct space assigned | 5010 |
|
on the
reporting form. A United States
district court that has | 5011 |
|
jurisdiction
within this state and
before
which a person is | 5012 |
|
charged with a violation
for which points
are
chargeable by this | 5013 |
|
section may
assess and transcribe to the
abstract of conviction | 5014 |
|
report that is
furnished by the bureau the
number of points | 5015 |
|
chargeable by this
section in the correct space
assigned on the | 5016 |
|
reporting form. If
the federal court so assesses
and transcribes | 5017 |
|
the points
chargeable for the offense and
furnishes the report to | 5018 |
|
the bureau, the bureau
shall record the
points in the same manner | 5019 |
|
as those assessed and transcribed by a
court of record or
mayor's | 5020 |
|
court. | 5021 |
| (6) A violation of division (A) of section 4511.19 of the | 5042 |
|
Revised
Code, any ordinance prohibiting the operation of a vehicle | 5043 |
|
while
under the influence of alcohol, a drug of abuse, or a | 5044 |
|
combination of them, or
any ordinance
substantially equivalent to | 5045 |
|
division (A) of section 4511.19 of the
Revised Code prohibiting | 5046 |
|
the operation of a vehicle with a
prohibited concentration of | 5047 |
|
alcohol in the whole blood, blood serum or plasma,
breath, or | 5048 |
|
urine .......... 6 points | 5049 |
| Sec.
4510.22. (A) If a person who has a current
valid
Ohio | 5098 |
| driver's, commercial driver's license,
or
temporary
instruction | 5099 |
| permit is charged with a
violation of any provision in
sections | 5100 |
| 4511.01 to 4511.76,
4511.84,
4513.01 to 4513.65,
or
4549.01
to | 5101 |
| 4549.65 of the Revised Code
that is classified as a
misdemeanor
of | 5102 |
| the first, second, third,
or fourth degree or with
a violation
of | 5103 |
| any
substantially equivalent
municipal ordinance
and if the person | 5104 |
| either fails to appear in court at the
required
time and place to | 5105 |
| answer the charge or pleads guilty to
or is
found guilty of the | 5106 |
| violation and fails within the time
allowed by
the court to pay | 5107 |
| the fine imposed by the court, the
court shall
declare the
| 5108 |
suspensionforfeiture of the person's
license.
Thirty
days
after | 5109 |
| the declaration of forfeiture, the court shall
inform
the | 5110 |
registrar of
motor vehicles of the
declarationforfeiture by | 5111 |
entering
information
relative to the
declarationof forfeiture on | 5112 |
| a
form
approved and furnished by
the
registrar and sending the | 5113 |
| form
to the registrar. The court
also shall forward
the person's | 5114 |
|
license, if it is in the
possession of the
court, to the | 5115 |
|
registrar. | 5116 |
| The registrar shall
impose a class F
suspension of
the | 5117 |
|
person's driver's or commercial driver's license,
or temporary | 5118 |
|
instruction permit for the period of time specified in division | 5119 |
|
(B)(6) of section 4510.02 of the Revised Code on
any person who is | 5120 |
|
named in a declaration received by the registrar under this | 5121 |
|
section. The registrar shall send written
notification
of the | 5122 |
|
suspension to the person
at
the person's last
known
address and, | 5123 |
|
if the person is in possession of the license,
order
the person to | 5124 |
|
surrender the person's
license
or permit to
the registrar within | 5125 |
|
forty-eight
hours. | 5126 |
| No valid driver's or
commercial driver's license shall be | 5127 |
|
granted to the person after
the suspension, unless the court | 5128 |
|
having
jurisdiction of the offense that led to the
suspension | 5129 |
orders that the
suspensionforfeiture be terminated.
The court | 5130 |
shall
order
the termination of the suspensionforfeiture if the | 5131 |
| person
thereafter appears
to answer the charge and pays any fine | 5132 |
| imposed
by the court or
pays the fine originally imposed by the | 5133 |
| court.
The
court
shall
inform the registrar of the termination of | 5134 |
the
suspensionforfeiture by
entering
information relative to the | 5135 |
|
termination on a form
approved and furnished by
the registrar and | 5136 |
|
sending the form to
the registrar. The
person
shall pay to the | 5137 |
bureau
of motor
vehicles a fifteen-dollar processingreinstatement | 5138 |
| fee
to cover the costs of the
bureau
in administering
this | 5139 |
|
section. The
registrar
shall
deposit
the fee into
the state bureau | 5140 |
| of
motor vehicles fund
created
by section 4501.25 of the Revised | 5141 |
|
Code. | 5142 |
| (B) In addition to suspending the driver's or commercial | 5143 |
|
driver's license
or permit of the person named in a declaration of
| 5144 |
suspensionforfeiture, the registrar, upon
receipt from the court | 5145 |
of the copy
of the declaration of
suspensionforfeiture, shall | 5146 |
|
take any measures that
may be necessary to ensure that neither the | 5147 |
|
registrar
nor any
deputy registrar accepts any application for the | 5148 |
|
registration or
transfer of registration of any motor vehicle | 5149 |
|
owned or leased by
the person
named in the declaration of | 5150 |
| forfeiture.
However, for a motor
vehicle
leased by a person named | 5151 |
|
in a declaration of forfeiture, the registrar
shall not
implement | 5152 |
|
the preceding sentence until
the
registrar
adopts
procedures for | 5153 |
|
that implementation under section 4503.39
of
the
Revised Code.
The | 5154 |
|
period of denial of registration
or transfer
shall continue
until | 5155 |
|
such time as the court having jurisdiction of
the offense
that led | 5156 |
to the suspension
orders the
suspension toforfeiture
be | 5157 |
|
terminated. Upon
receipt
by the registrar of
an
order
terminating | 5158 |
the
suspensionforfeiture, the registrar also
shall take any | 5159 |
|
measures
that may be
necessary to
permit the person to register a | 5160 |
|
motor vehicle owned
or leased by the person or
to transfer the | 5161 |
|
registration of such a
motor vehicle, if the person later
makes | 5162 |
|
application to take such
action and otherwise is eligible to | 5163 |
|
register
the motor vehicle or
to transfer its registration. | 5164 |
| (a) Three separate violations of
section 2903.06,
2903.08, | 5184 |
|
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201, | 5185 |
|
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57 | 5186 |
|
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised | 5187 |
|
Code,
section 4510.14 of the Revised Code
involving a
suspension | 5188 |
|
imposed under section 4511.191 or 4511.196
of the Revised
Code, | 5189 |
|
section 2903.04 of the
Revised Code in a case
in
which the
person | 5190 |
|
would have been subject to the sanctions
described in
division (D) | 5191 |
|
of that section had the person been
convicted of
the
violation of | 5192 |
|
that section, former section 2903.07
of the Revised Code, or any | 5193 |
|
municipal ordinances similarly
relating to the offenses referred | 5194 |
|
to in those
sections; | 5195 |
| (2) Any person whose license or permit is suspended under | 5202 |
|
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or | 5203 |
|
deliver the person's probationary
driver's
license, restricted | 5204 |
|
license, or temporary
instruction permit to the registrar within | 5205 |
|
fourteen
days of notification of the suspension. The registrar | 5206 |
|
shall
retain the license or permit during the period of the | 5207 |
|
suspension. A
suspension pursuant to division (A)(1)(a) of this | 5208 |
|
section shall
be a class C
suspension, a
suspension
pursuant to | 5209 |
|
division (A)(1)(b) of this
section shall
be a class D suspension, | 5210 |
|
and a
suspension pursuant to division
(A)(1)(c) of this section | 5211 |
|
shall
be a class E suspension, all for the periods
of
time | 5212 |
|
specified in division (B) of section 4510.02 of the
Revised
Code. | 5213 |
|
If the person's probationary
driver's license, restricted
license, | 5214 |
|
or temporary
instruction permit is under suspension on
the
date | 5215 |
|
the court imposes sentence upon the person for a
violation | 5216 |
|
described in division (A)(1)(b) of this section, the
suspension | 5217 |
|
shall take effect on the next day immediately following
the end
of | 5218 |
|
that period of suspension. If the person is sixteen
years of
age | 5219 |
|
or older and pleads guilty to or is convicted of a
violation | 5220 |
|
described in division (A)(1)(b) of this section and
the
person | 5221 |
|
does not have
a current, valid probationary driver's
license, | 5222 |
|
restricted
license, or temporary instruction permit, the
registrar | 5223 |
|
shall
deny the issuance to the person of a
probationary
driver's | 5224 |
|
license, restricted license, driver's
license, commercial
driver's | 5225 |
|
license, or temporary instruction permit, as the case
may
be, for | 5226 |
|
six months beginning on
the date the court imposes
sentence upon | 5227 |
|
the person for the
violation. If the person has not
attained the | 5228 |
|
age of sixteen
years on the date the court imposes
sentence upon | 5229 |
|
the person
for the
violation, the period of denial
shall commence | 5230 |
|
on the date the
person attains the age of sixteen
years. | 5231 |
| (B) The registrar also shall
impose a class D
suspension
for | 5236 |
| the period of time specified in division (B)(4) of
section
4510.02 | 5237 |
| of the Revised Code of the temporary
instruction
permit or | 5238 |
|
probationary driver's license of any person
under the
age of | 5239 |
|
eighteen who has been adjudicated
an unruly
child,
delinquent | 5240 |
|
child, or
juvenile traffic offender for having
committed
any act | 5241 |
|
that if committed by an adult would be a drug
abuse
offense
or a | 5242 |
|
violation of division (B) of section 2917.11 of the Revised
Code. | 5243 |
|
The registrar, in the registrar's discretion, may
terminate the | 5244 |
|
suspension
if the child,
at
the discretion of the
court,
attends | 5245 |
|
and satisfactorily completes a
drug
abuse or
alcohol abuse | 5246 |
|
education, intervention, or treatment
program
specified by the | 5247 |
|
court. Any person whose temporary
instruction
permit or | 5248 |
|
probationary driver's license is suspended
under this
division | 5249 |
|
shall mail or deliver the person's
permit or license
to
the | 5250 |
|
registrar within fourteen days of notification of the
suspension. | 5251 |
|
The registrar shall retain the permit or license
during
the
period | 5252 |
|
of the suspension. | 5253 |
| (C)(1)
Except as provided in division (C)(3) of this
section, | 5254 |
|
for
any
person who is
convicted of, pleads guilty to,
or is | 5255 |
|
adjudicated in juvenile
court of having committed a
second
or | 5256 |
|
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to | 5257 |
|
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or | 5258 |
|
4511.75 of the Revised Code or
any similar municipal ordinances | 5259 |
|
and whose license or permit is suspended
under division (A)(1)(a) | 5260 |
|
or (c) of
this section, the
court in which the
second or third | 5261 |
|
conviction, finding, plea, or
adjudication
resulting in the | 5262 |
|
suspension was made, upon petition of the
person, may grant the | 5263 |
|
person
limited driving privileges
during the
period
during which | 5264 |
|
the suspension otherwise would be imposed under
division
(A)(1)(a) | 5265 |
|
or (c) of this section
if the court finds
reasonable cause to | 5266 |
|
believe that the suspension will seriously affect the person's | 5267 |
|
ability
to
continue in employment,
educational training, | 5268 |
|
vocational
training,
or treatment.
In
granting
the limited
driving | 5269 |
| privileges, the court
shall
specify
the
purposes, times,
and | 5270 |
| places
of the privileges and may impose
any other conditions
upon | 5271 |
|
the person's
driving a motor
vehicle
that the court
considers | 5272 |
| reasonable and necessary. | 5273 |
| A court that grants
limited driving privileges
to a
person | 5274 |
|
under this division shall retain the person's
probationary | 5275 |
|
driver's license, restricted license, or temporary
instruction | 5276 |
|
permit during the period the
license or permit is
suspended and | 5277 |
|
also during the period for which
limited driving privileges are | 5278 |
|
granted, and shall
deliver to
the
person a permit card, in a form | 5279 |
|
to be prescribed by the
court,
setting forth the date on which the
| 5280 |
|
limited
driving
privileges will become effective,
the purposes for | 5281 |
|
which the
person may
drive, the times and places at which
the | 5282 |
|
person may
drive, and any other conditions imposed upon the | 5283 |
|
person's use of a
motor vehicle. | 5284 |
| The court immediately shall notify the registrar, in
writing, | 5285 |
|
of a grant of
limited driving privileges
under this
division.
The | 5286 |
|
notification shall specify the date on which the
limited
driving | 5287 |
|
privileges will become effective,
the
purposes for which
the | 5288 |
|
person
may drive, the times and places at
which the person may | 5289 |
|
drive, and any other conditions imposed upon
the person's use of a | 5290 |
|
motor vehicle. The registrar shall not
suspend the probationary | 5291 |
|
driver's license, restricted
license, or
temporary instruction | 5292 |
|
permit
of any person pursuant to division
(A) of this section | 5293 |
|
during any
period for which the person has
been granted
limited | 5294 |
|
driving
privileges as provided
in this division, if the registrar | 5295 |
|
has
received the notification
described in this division from the | 5296 |
|
court. | 5297 |
| (2)
Except as provided in division (C)(3) of this
section,
in | 5298 |
|
any case in which the temporary instruction permit or
probationary | 5299 |
|
driver's license of a person under eighteen years of
age has been | 5300 |
|
suspended under
division (A) or (B) of this section
or any other | 5301 |
|
provision
of law, the
court may grant the person
limited driving | 5302 |
|
privileges for the purpose of the
person's
practicing of
driving | 5303 |
|
with the person's parent, guardian, or other
custodian during the | 5304 |
|
period of the suspension.
Any grant of
limited driving privileges | 5305 |
|
under this division shall
comply with
division (D) of section | 5306 |
|
4510.021 of the Revised Code. | 5307 |
| (D) If a
person who has been granted
limited
driving | 5315 |
|
privileges under division (C) of this section is convicted
of, | 5316 |
|
pleads guilty to, or is adjudicated in juvenile court of
having | 5317 |
|
committed, a violation of
Chapter
4510. of
the Revised Code, or
a | 5318 |
|
subsequent violation of any of
the
sections of
the Revised Code | 5319 |
|
listed in division
(A)(1)(a) of this section or any
similar | 5320 |
|
municipal ordinance
during the period for which the
person was | 5321 |
|
granted
limited driving privileges, the court that
granted
the
| 5322 |
|
limited driving privileges shall
suspend
the person's permit
card. | 5323 |
| The court or the clerk
of the court
immediately shall
forward the | 5324 |
| person's probationary
driver's
license, restricted
license, or | 5325 |
| temporary
instruction
permit together with written
notification
of | 5326 |
| the court's action to
the registrar. Upon receipt
of the
license | 5327 |
| or permit and
notification, the registrar shall
impose a class C | 5328 |
|
suspension of the
person's probationary driver's
license, | 5329 |
|
restricted
license, or temporary instruction permit for
the
period | 5330 |
| of
time specified in division (B)(3) of section
4510.02 of the | 5331 |
|
Revised Code. The registrar shall retain
the
license or permit | 5332 |
|
during the period of suspension, and no further
limited
driving | 5333 |
| privileges shall be granted during
that period. | 5334 |
| Sec. 4510.43. (A)(1)
The director of public safety, upon | 5350 |
|
consultation with the director of health and in accordance with | 5351 |
|
Chapter 119. of the Revised Code,
shall certify immobilizing and | 5352 |
|
disabling devices and shall publish and make
available to the | 5353 |
|
courts, without charge, a list of
approved devices together with | 5354 |
|
information about the manufacturers
of the devices and where they | 5355 |
|
may be obtained. The manufacturer of an
immobilizing or disabling | 5356 |
|
device shall pay the cost of
obtaining the certification of the | 5357 |
|
device
to the director of
public safety, and the director shall | 5358 |
|
deposit the payment in the drivers'
treatment and
intervention | 5359 |
|
fund established by sections 4511.19 and 4511.191 of
the Revised | 5360 |
|
Code. | 5361 |
| (2) The director of public safety, in accordance with
Chapter | 5362 |
|
119. of the Revised Code, shall adopt and publish rules
setting | 5363 |
|
forth the requirements for obtaining the certification of
an | 5364 |
|
immobilizing or disabling device. The director of public
safety | 5365 |
| shall not
certify an immobilizing or disabling
device under
this | 5366 |
| section unless it meets the requirements specified and
published | 5367 |
| by the director in the rules adopted pursuant to this
division. A | 5368 |
| certified device may consist of an
ignition interlock
device, an | 5369 |
| ignition blocking device initiated
by time or magnetic
or | 5370 |
| electronic encoding, an activity monitor,
or any other device
that | 5371 |
| reasonably assures compliance with an
order granting limited | 5372 |
|
driving privileges. | 5373 |
| (B)
A court considering the use of a prototype device in a | 5410 |
|
pilot
program shall advise the director of public safety, thirty | 5411 |
|
days before the
use, of the prototype device and its protocol, | 5412 |
|
methodology, manufacturer, and licensor, lessor, other agent, or | 5413 |
|
owner, and the length of the court's pilot program. A prototype | 5414 |
|
device shall not be used for a violation of section 4510.14
or | 5415 |
|
4511.19 of the Revised Code, a violation of a municipal OVI | 5416 |
|
ordinance, or in relation to a
suspension
imposed under section | 5417 |
|
4511.191 of the Revised
Code. A court that
uses a prototype
device | 5418 |
| in a pilot program,
periodically during
the existence of
the | 5419 |
| program and within fourteen days
after
termination of the
program, | 5420 |
| shall report in writing to the
director of
public safety
regarding | 5421 |
| the effectiveness of the
prototype device and the
program. | 5422 |
(1) Ifthe person may operate a motor vehicle to be driven | 5427 |
under the limited
driving
privilegesthat is owned by the person's | 5428 |
employer andonly if the
person is
required to operate that motor | 5429 |
vehicle
in the course and
scope of the offender's employment, the. | 5430 |
| Such a person may operate
that
vehicle without the installation of | 5431 |
| an immobilizing or
disabling
device, provided that the employer | 5432 |
| has been notified
that the
person has limited driving privileges | 5433 |
| and of the nature
of the
restriction and further provided that the | 5434 |
| person has proof of the
employer's
notification in the person's | 5435 |
| possession while
operating the
employer's vehicle for normal | 5436 |
| business duties. A
motor vehicle
owned by a business that is | 5437 |
| partly or entirely owned
or controlled
by a person with limited | 5438 |
| driving privileges is
not a motor vehicle
owned by an employer, | 5439 |
| for purposes of this
division. | 5440 |
(2) If the motor vehicle to be driven under the limited | 5441 |
driving
privileges is registered in a state other than this state, | 5442 |
instead of
installing on that vehicle an immobilizing or disabling | 5443 |
device,
the person with the limited driving privileges shall | 5444 |
display on
the vehicle a decal, as prescribed by the registrar of | 5445 |
motor
vehicles, that states that the vehicle is subject to limited | 5446 |
driving privileges in this state and that describes the | 5447 |
restriction. The decal shall be displayed on the bottom left | 5448 |
corner
of the back window of the vehicle or, if there is no back | 5449 |
window, on the bottom left corner of the windshield of the | 5450 |
vehicle. | 5451 |
| (A) "Vehicle" means every device, including a motorized | 5454 |
|
bicycle, in, upon, or by which any person or property may be | 5455 |
|
transported or drawn upon a highway, except motorized
wheelchairs, | 5456 |
|
electric personal assistive mobility devices, devices moved by | 5457 |
|
power collected from overhead
electric trolley wires, or used | 5458 |
|
exclusively upon stationary rails
or tracks, and devices other | 5459 |
|
than bicycles moved by human power. | 5460 |
| (B) "Motor vehicle" means every vehicle propelled or drawn
by | 5461 |
| power other than muscular power or power collected from
overhead | 5462 |
| electric trolley wires, except motorized bicycles, road
rollers, | 5463 |
| traction engines, power shovels, power cranes, and other
equipment | 5464 |
| used in construction work and not designed for or
employed in | 5465 |
| general highway transportation, hole-digging
machinery, | 5466 |
| well-drilling machinery, ditch-digging machinery, farm
machinery, | 5467 |
| trailers used to transport agricultural produce or
agricultural | 5468 |
| production materials between a local place of
storage
or supply | 5469 |
| and the farm when drawn or towed on a street or
highway
at a speed | 5470 |
| of twenty-five miles per hour or less,
threshing
machinery, | 5471 |
| hay-baling machinery, agricultural tractors
and
machinery used in | 5472 |
| the production of horticultural,
floricultural,
agricultural, and | 5473 |
| vegetable products, and trailers
designed and
used exclusively to | 5474 |
| transport a boat between a place
of storage
and a marina, or in | 5475 |
| and around a marina, when drawn or
towed on a
street or highway | 5476 |
| for a distance of no more than ten
miles and at
a speed of | 5477 |
| twenty-five miles per hour or less. | 5478 |
| (3) Any motor vehicle when properly identified as required
by | 5498 |
| the director of public safety, when used in response to fire | 5499 |
|
emergency calls or to provide emergency medical service to ill or | 5500 |
|
injured persons, and when operated by a duly qualified person who | 5501 |
|
is a member of a volunteer rescue service or a volunteer fire | 5502 |
|
department, and who is on duty pursuant to the rules or
directives | 5503 |
|
of that service. The state fire marshal shall be
designated by
the | 5504 |
| director of public safety as the certifying
agency for all
public | 5505 |
| safety vehicles described in division
(E)(3) of this
section. | 5506 |
| (F) "School bus" means every bus designed for carrying
more | 5520 |
|
than nine passengers that is owned by a public,
private, or | 5521 |
|
governmental agency or institution of learning and operated for | 5522 |
|
the transportation of children to or from a school session or a | 5523 |
|
school function, or owned by a private person and operated for | 5524 |
|
compensation for the transportation of children to or from a | 5525 |
|
school session or a school function, provided "school bus" does | 5526 |
|
not include a bus operated by a municipally owned transportation | 5527 |
|
system, a mass transit company operating exclusively within the | 5528 |
|
territorial limits of a municipal corporation, or within such | 5529 |
|
limits and the territorial limits of municipal corporations | 5530 |
|
immediately contiguous to such municipal corporation, nor a
common | 5531 |
|
passenger carrier certified by the public utilities
commission | 5532 |
|
unless such bus is devoted exclusively to the
transportation of | 5533 |
|
children to and from a school session or a
school function, and | 5534 |
|
"school bus" does not include a van or bus
used by a licensed | 5535 |
|
child day-care center or type A family
day-care home to transport | 5536 |
|
children from the child day-care
center or type A family day-care | 5537 |
|
home to a school if the van or
bus does not have more than fifteen | 5538 |
|
children in the van or bus at
any time. | 5539 |
| (M) "Trailer" means every vehicle designed or used for | 5570 |
|
carrying persons or property wholly on its own structure and for | 5571 |
|
being drawn by a motor vehicle, including any such vehicle when | 5572 |
|
formed by or operated as a combination of a "semitrailer" and a | 5573 |
|
vehicle of the dolly type, such as that commonly known as a | 5574 |
|
"trailer dolly," a vehicle used to transport agricultural produce | 5575 |
|
or agricultural production materials between a local place of | 5576 |
|
storage or supply and the farm when drawn or towed on a street or | 5577 |
|
highway at a speed greater than twenty-five miles per hour, and a | 5578 |
|
vehicle designed and used exclusively to transport a boat between | 5579 |
|
a place of storage and a marina, or in and around a marina, when | 5580 |
|
drawn or towed on a street or highway for a distance of more than | 5581 |
|
ten miles or at a speed of more than twenty-five miles per hour. | 5582 |
| (T) "Explosives" means any chemical compound or mechanical | 5604 |
|
mixture that is intended for the purpose of producing an
explosion | 5605 |
|
that contains any oxidizing and combustible units or
other | 5606 |
|
ingredients in such proportions, quantities, or packing
that an | 5607 |
|
ignition by fire, by friction, by concussion, by
percussion, or by | 5608 |
|
a detonator of any part of the compound or
mixture may cause such | 5609 |
|
a sudden generation of highly heated gases
that the resultant | 5610 |
|
gaseous pressures are capable of producing
destructive effects on | 5611 |
|
contiguous objects, or of destroying life
or limb. Manufactured | 5612 |
|
articles shall not be held to be
explosives when the individual | 5613 |
|
units contain explosives in such
limited quantities, of such | 5614 |
|
nature, or in such packing, that it
is impossible to procure a | 5615 |
|
simultaneous or a destructive
explosion of such units, to the | 5616 |
|
injury of life, limb, or property
by fire, by friction, by | 5617 |
|
concussion, by percussion, or by a
detonator, such as fixed | 5618 |
|
ammunition for small arms, firecrackers,
or safety fuse matches. | 5619 |
| (NN) "Business district" means the territory fronting upon
a | 5703 |
|
street or highway, including the street or highway, between | 5704 |
|
successive intersections within municipal corporations where
fifty | 5705 |
|
per cent or more of the frontage between such successive | 5706 |
|
intersections is occupied by buildings in use for business, or | 5707 |
|
within or outside municipal corporations where fifty per cent or | 5708 |
|
more of the frontage for a distance of three hundred feet or more | 5709 |
|
is occupied by buildings in use for business, and the character
of | 5710 |
|
such territory is indicated by official traffic control
devices. | 5711 |
| (D) Whoever violates division (A) of this section is guilty | 5823 |
| of a minor misdemeanor. If, within one year of the offense, the | 5824 |
| offender previously has been convicted of or pleaded guilty to a | 5825 |
| violation of division (A) of this section, whoever violates that | 5826 |
| division is guilty of a misdemeanor of the fourth degree. If, | 5827 |
| within one year of the offense, the offender previously has been | 5828 |
| convicted of or pleaded guilty to two or more violations of | 5829 |
| division (A) of this section, whoever violates division (A) is | 5830 |
| guilty of a misdemeanor of the third degree. | 5831 |
| Sec. 4513.61. The sheriff of a county or chief of police
of | 5840 |
| a municipal corporation, township, or township police
district, | 5841 |
| within the sheriff's or chief's respective
territorial | 5842 |
| jurisdiction, or a
state highway patrol trooper, upon notification | 5843 |
| to the sheriff or
chief of police of such action and of the | 5844 |
| location of the place
of storage, may order into storage any motor | 5845 |
| vehicle,
including
an abandoned junk motor vehicle as defined in | 5846 |
| section 4513.63 of
the Revised Code, that has come into the | 5847 |
| possession of the
sheriff, chief of police, or state highway | 5848 |
| patrol trooper as a result of the
performance of the sheriff's, | 5849 |
| chief's, or trooper's duties or that has
been left on a public | 5850 |
| street or other property open to the public for purposes
of | 5851 |
| vehicular travel, or upon or within the right-of-way of any road | 5852 |
| or
highway, for forty-eight hours or longer without notification | 5853 |
| to the
sheriff or chief of police of the reasons for leaving the | 5854 |
| motor vehicle
in such place, except that when such a motor vehicle | 5855 |
| constitutes an
obstruction to traffic it may be ordered into | 5856 |
| storage immediately. The
sheriff or chief of police shall | 5857 |
| designate
the place of storage of any motor vehicle so ordered | 5858 |
| removed. | 5859 |
| The sheriff or chief of police immediately shall cause a | 5860 |
|
search to be made of the records of the bureau of motor vehicles | 5861 |
|
to ascertain the owner and any lienholder of a motor vehicle | 5862 |
|
ordered into storage by the sheriff or chief of police, or by a | 5863 |
|
state highway patrol trooper, and, if known, shall send or cause | 5864 |
| to be
sent notice to the owner or lienholder at the owner's or | 5865 |
|
lienholder's last known address by
certified mail with return | 5866 |
| receipt requested, that the motor vehicle will
be declared a | 5867 |
| nuisance and disposed of if not claimed within ten
days of the | 5868 |
| date of mailing of the notice. The owner or
lienholder of the | 5869 |
| motor vehicle may reclaim it upon payment of
any expenses or | 5870 |
| charges incurred in its removal and storage, and
presentation of | 5871 |
| proof of ownership, which may be evidenced by a
certificate of | 5872 |
| title or memorandum certificate of title to the motor vehicle. If | 5873 |
| the owner or lienholder of
the motor vehicle reclaims it after a | 5874 |
|
search of the records of the bureau has been conducted and after | 5875 |
| notice has
been sent to the owner or lienholder as described in | 5876 |
| this section, and the
search was conducted by the owner of the | 5877 |
| place of storage or the owner's
employee, and the notice was sent | 5878 |
| to the motor vehicle owner by the owner of
the place of storage or | 5879 |
| the owner's employee, the owner or lienholder shall
pay to the | 5880 |
| place of storage a processing fee of twenty-five
dollars, in | 5881 |
| addition to any expenses or charges incurred in the removal and | 5882 |
|
storage of the vehicle. | 5883 |
| If the owner or lienholder makes no claim to the motor | 5884 |
|
vehicle within ten days of the date of mailing of the notice, and | 5885 |
|
if the vehicle is to be disposed of at public auction as provided | 5886 |
|
in section 4513.62 of the Revised Code, the sheriff or chief of | 5887 |
|
police shall file with the clerk of courts of the county in which | 5888 |
|
the place of storage is located an affidavit showing compliance | 5889 |
|
with the requirements of this section. Upon presentation of the | 5890 |
|
affidavit, the clerk, without charge,
shall issue a salvage | 5891 |
| certificate of title, free and clear of all liens
and | 5892 |
| encumbrances, to the sheriff or chief of police. If the vehicle
is | 5893 |
| to be disposed of to a motor vehicle salvage dealer or other | 5894 |
|
facility as provided in section 4513.62 of the Revised Code, the | 5895 |
|
sheriff or chief of police shall execute in triplicate an | 5896 |
|
affidavit, as prescribed by the registrar of motor vehicles, | 5897 |
|
describing the motor vehicle and the manner in which it was | 5898 |
|
disposed of, and that all requirements of this section have been | 5899 |
|
complied with. The sheriff or chief of police shall retain the | 5900 |
|
original of the affidavit for the sheriff's or chief's
records, | 5901 |
| and shall furnish two
copies to the motor vehicle salvage dealer | 5902 |
| or other facility. Upon
presentation of a copy of the affidavit by | 5903 |
| the motor vehicle
salvage dealer, the clerk of courts, within | 5904 |
| thirty days of the presentation, shall issue to such owner a | 5905 |
|
salvage certificate of title, free and clear of all liens and | 5906 |
|
encumbrances. | 5907 |
| The sheriff of a county or chief of police of a municipal | 5930 |
|
corporation, township, or township police district, within the | 5931 |
|
sheriff's or chief's respective territorial jurisdiction, or a | 5932 |
| state
highway patrol trooper, upon notification to the sheriff or | 5933 |
| chief of police of
such action, shall order any abandoned junk | 5934 |
| motor vehicle to be
photographed by a law enforcement officer. The | 5935 |
| officer shall
record the make of motor vehicle, the serial number | 5936 |
| when
available, and shall also detail the damage or missing | 5937 |
| equipment
to substantiate the value of one thousand five hundred | 5938 |
|
dollars or less. The sheriff or chief of police shall thereupon | 5939 |
| immediately
dispose of the abandoned junk motor vehicle to a motor | 5940 |
| vehicle salvage
dealer as defined in section 4738.01 of the | 5941 |
| Revised Code or a
scrap metal processing facility as defined in | 5942 |
| section 4737.05 of
the Revised Code which is under contract to the | 5943 |
| county, township,
or municipal corporation, or to any other | 5944 |
| facility owned by or
under contract with the county, township, or | 5945 |
| municipal
corporation for the destruction of such motor vehicles. | 5946 |
| The
records and photograph relating to the abandoned junk motor | 5947 |
|
vehicle shall be retained by the law enforcement agency ordering | 5948 |
|
the disposition of such vehicle for a period of at least two | 5949 |
|
years. The law enforcement agency shall execute in quadruplicate | 5950 |
|
an affidavit, as prescribed by the registrar of motor vehicles, | 5951 |
|
describing the motor vehicle and the manner in which it was | 5952 |
|
disposed of, and that all requirements of this section have been | 5953 |
|
complied with, and, within thirty days of disposing of the | 5954 |
vehicle, shall sign and file the sameaffidavit with the clerk of | 5955 |
|
courts of the county in which the motor vehicle was abandoned.
The | 5956 |
| clerk of courts shall retain the original of the affidavit
for the | 5957 |
| clerk's files, shall furnish one copy thereof to the
registrar, | 5958 |
| one copy to the motor vehicle salvage dealer or other facility | 5959 |
|
handling the disposal of the vehicle, and one copy to the law | 5960 |
|
enforcement agency ordering the disposal, who shall file such
copy | 5961 |
| with the records and photograph relating to the disposal.
Any | 5962 |
| moneys arising from the disposal of an abandoned junk motor | 5963 |
|
vehicle shall be deposited in the general fund of the county, | 5964 |
|
township, or the municipal corporation, as the case may be. | 5965 |
| Sec. 4517.10. At the time the registrar of motor vehicles | 5972 |
|
grants the application of any person for a license as motor | 5973 |
|
vehicle dealer, motor vehicle leasing dealer, manufactured home | 5974 |
|
broker, distributor, motor
vehicle auction owner, or motor vehicle | 5975 |
|
salesperson, the registrar shall
issue to the person a license. | 5976 |
|
The registrar shall prescribe different
forms for the licenses of | 5977 |
|
motor vehicle dealers, motor vehicle
leasing dealers, manufactured | 5978 |
|
home brokers, distributors, motor
vehicle auction owners, and | 5979 |
|
motor vehicle salespersons, and all licenses shall include the | 5980 |
|
name and post-office address of the person licensed. | 5981 |
| If a dealer, a motor vehicle leasing dealer, or a | 5996 |
|
manufactured home broker, has more than
one place of business in | 5997 |
|
the county, the dealer or the broker shall
make application,
in | 5998 |
|
such form as the registrar prescribes, for a certified copy of
the | 5999 |
|
license issued to the dealer or manufactured home broker for
each | 6000 |
|
place of business
operated. In the event of the loss, mutilation, | 6001 |
|
or destruction
of a license issued under sections 4517.01 to | 6002 |
|
4517.65
of the Revised Code, any licensee may make
application to | 6003 |
|
the registrar, in such form as the registrar
prescribes, for a | 6004 |
|
duplicate copy thereof. The fee for a
certified or duplicate copy | 6005 |
|
of a dealer's, motor vehicle leasing
dealer's, manufactured home | 6006 |
|
broker's, distributor's, or
auction owner's license, is two | 6007 |
|
dollars, and the fee for a
duplicate copy of a salesperson's | 6008 |
|
license is one dollar. All
fees for such copies shall accompany | 6009 |
|
the applications. | 6010 |
AllBeginning on the effective date of this amendment, all | 6011 |
| dealers' licenses, motor vehicle leasing dealers'
licenses, | 6012 |
| manufactured home broker's licenses, distributors'
licenses, and | 6013 |
auction owners' licenses
issued or renewed each year
shall expire | 6014 |
| biennially on the last day of March of each two-year cycle
and all | 6015 |
salespersons'
licenses issued or renewed each year shall
expire | 6016 |
biennially on the last day
of June next following the date of | 6017 |
their
issuanceof each two-year cycle, unless sooner
suspended or | 6018 |
| revoked. Each licensed dealer, motor vehicle
leasing
dealer, | 6019 |
manufactured home broker, distributor, and auction owner
licensed | 6020 |
during any year
shall, before the first day of April eachin the | 6021 |
year
thereafterin which the license will expire and
each licensed | 6022 |
salesperson licensed during any year shall,
before the first
day | 6023 |
of July eachin the year thereafterin which the license will | 6024 |
| expire, file an
application, in such
form as the registrar | 6025 |
| prescribes, for the
renewal of such
license. The fee provided in | 6026 |
| this
section for
the original license shall accompany
the | 6027 |
|
application. | 6028 |
| Any salesperson's license shall be suspended upon the | 6029 |
|
termination, suspension, or revocation of the license of the
motor | 6030 |
|
vehicle dealer or manufactured home broker for whom the | 6031 |
|
salesperson is
acting, or upon the salesperson leaving
the service | 6032 |
|
of the motor vehicle dealer or manufactured
home broker; provided | 6033 |
|
that upon the
termination, suspension, or revocation of the | 6034 |
|
license of the
motor vehicle dealer or manufactured home broker | 6035 |
|
for whom the salesperson is
acting,
or upon the salesperson | 6036 |
|
leaving
the service of a licensed motor vehicle dealer or | 6037 |
|
manufactured home
broker, the licensed
salesperson, upon entering | 6038 |
|
the service of any other
licensed motor vehicle dealer or | 6039 |
|
manufactured home broker, shall
make application to the registrar, | 6040 |
|
in such form as the registrar prescribes, to have the | 6041 |
|
salesperson's license
reinstated, transferred, and registered as a | 6042 |
|
salesperson for
the other dealer or broker. If the information | 6043 |
|
contained in the
application is
satisfactory to the registrar, the | 6044 |
|
registrar shall have the
salesperson's
license reinstated, | 6045 |
|
transferred, and registered as a salesperson
for the other dealer | 6046 |
|
or broker. The fee for
the reinstatement and
transfer of license | 6047 |
|
shall be two dollars. No license issued to a
dealer, motor
vehicle | 6048 |
| leasing dealer, auction owner, manufactured home
broker,
or | 6049 |
| salesperson,
under sections 4517.01 to 4517.65 of the Revised
Code | 6050 |
| shall be
transferable to any other person. | 6051 |
| Each dealer, motor vehicle leasing dealer, manufactured home | 6052 |
|
broker, distributor, and
auction owner shall keep the license or a | 6053 |
|
certified copy thereof
and, in the case of a dealer or broker, a | 6054 |
|
current list of
the dealer's or the broker's licensed | 6055 |
|
salespersons, showing the names, addresses, and serial numbers of | 6056 |
|
their licenses, posted in a conspicuous place in each place of | 6057 |
|
business. Each salesperson shall carry the salesperson's license | 6058 |
|
or a
certified copy thereof and shall exhibit such license or copy | 6059 |
|
upon demand to any inspector of the bureau of motor vehicles, | 6060 |
|
state highway patrol trooper, police officer, or person with whom | 6061 |
|
the salesperson seeks to transact business as a motor vehicle | 6062 |
|
salesperson. | 6063 |
| The registrar may refuse to issue a salesperson's license
to | 6098 |
|
an applicant who was salesperson for, or in the employ of, a
motor | 6099 |
|
vehicle dealer or manufactured home broker at the time the | 6100 |
|
dealer's or broker's license was
revoked. The registrar's finding | 6101 |
|
may be based upon any statement
contained in the application or | 6102 |
|
upon any facts within the registrar's
knowledge, and, immediately | 6103 |
|
upon refusing to issue a
salesperson's license, the registrar | 6104 |
|
shall enter a final order
and shall certify the final order | 6105 |
|
together with his findings to
the motor vehicle dealers board. | 6106 |
| (B) On and after
July
1, 1999, no
certificate of
registration | 6132 |
| or renewal of
a
certificate
of registration
shall be
issued for
an | 6133 |
| off-highway motorcycle or
all-purpose
vehicle
required to be | 6134 |
|
registered under section
4519.02 of the
Revised
Code, and no | 6135 |
|
certificate of
registration
issued under this
chapter
for an | 6136 |
|
off-highway
motorcycle or
all-purpose vehicle that
is sold
or | 6137 |
|
otherwise
transferred shall be
transferred to the new
owner of
the | 6138 |
|
off-highway motorcycle or
all-purpose vehicle as
permitted by | 6139 |
|
division (B) of section
4519.05
of the Revised
Code,
unless a | 6140 |
|
certificate of
title has
been issued under this chapter
for the | 6141 |
|
motorcycle or
vehicle, and
the owner or new owner, as the
case may | 6142 |
|
be,
presents
a physical
certificate of title or
memorandum | 6143 |
|
certificate
of
title for
inspection at the time the
owner or new | 6144 |
|
owner first
submits a
registration application,
registration | 6145 |
|
renewal
application, or
registration transfer
application for the | 6146 |
|
motorcycle or
vehicle on
or after
July
1,
1999, if a physical | 6147 |
|
certificate of title or
memorandum certificate
has been issued by | 6148 |
|
a clerk of a court of
common pleas. If, under
sections 4519.512 | 6149 |
|
and 4519.58 of the
Revised Code, a clerk instead
has issued an | 6150 |
|
electronic certificate
of title for the applicant's
off-highway | 6151 |
|
motorcycle or all-purpose
vehicle, that certificate
may be | 6152 |
|
presented for inspection at the
time of first registration
in a | 6153 |
|
manner prescribed by rules adopted
by the registrar. | 6154 |
| (C) When the owner of an
off-highway motorcycle or | 6155 |
|
all-purpose vehicle first registers it
in the owner's name, and a | 6156 |
|
certificate of title has been issued
for the motorcycle or | 6157 |
|
vehicle, the owner shall present for
inspection a
physical | 6158 |
|
certificate of
title or memorandum certificate of
title showing | 6159 |
|
title to the
off-highway motorcycle or
all-purpose vehicle in the | 6160 |
|
name of the
owner
if a physical certificate of title or memorandum | 6161 |
|
certificate has been issued by a clerk of a court of common pleas. | 6162 |
|
If, under sections 4519.512 and 4519.58 of the Revised Code, a | 6163 |
|
clerk instead has issued an electronic certificate of title for | 6164 |
|
the applicant's off-highway motorcycle or all-purpose vehicle, | 6165 |
|
that certificate may be presented for inspection at the time of | 6166 |
|
first registration in a manner prescribed by rules adopted by the | 6167 |
|
registrar. If, when the
owner of such
an off-highway motorcycle
or | 6168 |
|
all-purpose vehicle first
makes application to
register it in
the | 6169 |
| owner's name, the
application is not in
proper form or
the | 6170 |
|
certificate of title
or memorandum
certificate of title does not | 6171 |
|
accompany the
registration
or, in the case of an electronic | 6172 |
|
certificate of title, is not presented in a manner prescribed by | 6173 |
|
the registrar, the
registration shall be refused, and neither a | 6174 |
|
certificate of
registration nor a registration sticker shall be | 6175 |
|
issued. When a
certificate of registration and registration | 6176 |
|
sticker are issued
upon the first registration of an off-highway | 6177 |
|
motorcycle or
all-purpose vehicle by or on behalf of the owner, | 6178 |
|
the official
issuing them shall indicate the issuance with a stamp | 6179 |
|
on the
certificate of title or memorandum certificate of title
or, | 6180 |
|
in the case of an electronic certificate of title, an electronic | 6181 |
|
stamp or other notation as specified in rules adopted by the | 6182 |
|
registrar. | 6183 |
| (D) Each deputy registrar shall be allowed a fee of
two | 6184 |
|
dollars
and
seventy-five cents
commencing on July 1,
2001, three | 6185 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 6186 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 6187 |
|
each application or renewal application
received by the
deputy | 6188 |
|
registrar, which shall be for the
purpose of compensating
the | 6189 |
|
deputy registrar for services, and office and
rental expense,
as | 6190 |
|
may be necessary for the proper discharge of
the
deputy | 6191 |
|
registrar's
duties in the receiving of applications and the | 6192 |
|
issuing of
certificates of registration. | 6193 |
| In the case of an off-highway motorcycle or all-purpose | 6207 |
|
vehicle for which a certificate of title has been issued, the | 6208 |
|
owner also shall surrender the certificate of title to the clerk | 6209 |
|
of the court
of
common pleas who issued it and the clerk, with the | 6210 |
|
consent of
any lienholders noted thereon, shall enter a | 6211 |
|
cancellation upon
the clerk's records and shall notify the | 6212 |
|
registrar of the
cancellation. Upon the cancellation of a | 6213 |
|
certificate of title
in the manner prescribed by this division, | 6214 |
|
the clerk and the
registrar may cancel and destroy all | 6215 |
|
certificates of title and
memorandum certificates of title in that | 6216 |
|
chain of title. | 6217 |
| (B) Subject to division (B) of section 4519.03
of the
Revised | 6218 |
| Code, whenever
the ownership of a registered snowmobile, | 6219 |
|
off-highway
motorcycle, or
all-purpose vehicle is transferred by | 6220 |
|
sale or otherwise, the new
owner, within fifteen days following | 6221 |
|
the transfer, shall
make
application to the registrar or a deputy | 6222 |
|
registrar for the
transfer of the certificate of registration. | 6223 |
|
Upon receipt of the
application and a fee of one dollar, the | 6224 |
|
registrar shall transfer
the certificate to the new owner and | 6225 |
|
shall enter the new owner's
name and address in the registrar's | 6226 |
|
records. | 6227 |
| (C) Whenever the owner of a registered snowmobile, | 6228 |
|
off-highway
motorcycle, or all-purpose vehicle changes
address, | 6229 |
|
the owner shall
surrender the certificate of registration to the | 6230 |
|
registrar or a deputy
registrar within fifteen days following the | 6231 |
|
address change. Upon
receipt of the certificate, the registrar | 6232 |
|
shall enter the new
address thereon and shall make the appropriate | 6233 |
|
change in the
registrar's records. In a case where the owner's | 6234 |
|
change
of address
involves a move outside of the state, the | 6235 |
|
registrar shall cancel the certificate of registration for
that | 6236 |
|
snowmobile, off-highway motorcycle, or all-purpose
vehicle. | 6237 |
| If an application for a
certificate of title is
filed
| 6259 |
|
electronically by an electronic dealer on behalf of the
purchaser
| 6260 |
|
of an off-highway motorcycle or all-purpose vehicle, the clerk
| 6261 |
|
shall retain the completed electronic record to which the dealer
| 6262 |
|
converted the certificate of title application and other required
| 6263 |
|
documents. The electronic dealer shall forward the actual | 6264 |
|
application and all other documents relating to the sale of the | 6265 |
|
off-highway motorcycle or all-purpose vehicle to any clerk within | 6266 |
|
thirty days after the certificate of title is issued. The | 6267 |
|
registrar, after consultation with the attorney general, shall | 6268 |
adopt rules that governdetermine the location at which, and the | 6269 |
|
manner in
which, are stored the actual application and all other | 6270 |
|
documents
relating to the sale of an off-highway motorcycle or | 6271 |
|
all-purpose
vehicle when an electronic dealer files the | 6272 |
|
application for a
certificate of title electronically on behalf of | 6273 |
|
the purchaser.
The determination may be made by rules that the | 6274 |
|
registrar adopts. | 6275 |
| If a certificate of title
previously has been
issued for
an | 6284 |
| off-highway motorcycle or all-purpose
vehicle, the
application
| 6285 |
|
also shall be accompanied by the certificate of title
duly
| 6286 |
|
assigned, unless otherwise provided in this chapter. If a
| 6287 |
|
certificate of
title previously has not been issued for the
| 6288 |
|
off-highway
motorcycle or
all-purpose vehicle, the application,
| 6289 |
|
unless otherwise provided in this
chapter,
shall be accompanied
by
| 6290 |
|
a manufacturer's or importer's certificate; by a
sworn
statement
| 6291 |
|
of ownership;
or by a certificate
of title, bill of
sale, or other
| 6292 |
|
evidence of ownership required by law of
another
state from which
| 6293 |
|
the off-highway motorcycle or
all-purpose
vehicle was brought into
| 6294 |
|
this state. The registrar, in
accordance with
Chapter 119. of the
| 6295 |
|
Revised Code, shall
prescribe
the types of additional
| 6296 |
|
documentation sufficient to
establish proof of ownership,
| 6297 |
|
including, but not
limited to,
receipts from the purchase of parts
| 6298 |
|
or components, photographs,
and affidavits of other persons. | 6299 |
| In the case of the sale of an off-highway motorcycle or
| 6306 |
|
all-purpose vehicle by a dealer to a general purchaser or user,
| 6307 |
|
the
certificate
of title shall be obtained in the name of the
| 6308 |
|
purchaser by the dealer upon
application signed by the purchaser.
| 6309 |
|
In all other cases, the
certificate shall
be obtained by the
| 6310 |
|
purchaser. In all cases of transfer of an
off-highway motorcycle
| 6311 |
|
or all-purpose vehicle, the application for
certificate
of title
| 6312 |
|
shall be filed within thirty days after the later of the date of
| 6313 |
|
purchase
or assignment of ownership of the off-highway motorcycle
| 6314 |
|
or
all-purpose vehicle. If the application for certificate of
| 6315 |
|
title is not filed
within thirty days after the later of the date
| 6316 |
|
of purchase or assignment of
ownership of the off-highway
| 6317 |
|
motorcycle or all-purpose vehicle,
the clerk shall charge a late
| 6318 |
|
filing fee of five dollars in addition to the
fee
prescribed by
| 6319 |
|
section 4519.59 of the Revised
Code. The clerk shall retain the
| 6320 |
|
entire
amount of each late filing fee. | 6321 |
| Payment of the tax shall be made in accordance with division
| 6334 |
|
(E)
of section 4505.06 of the Revised Code and any rules issued
| 6335 |
|
by
the tax
commissioner. When a dealer submits payment of the
tax | 6336 |
| to
the clerk,
the dealer shall retain any discount to which
the
| 6337 |
|
dealer is
entitled under section 5739.12 of the
Revised
Code. The
| 6338 |
|
clerk shall issue a receipt in the form prescribed by
the
tax
| 6339 |
|
commissioner to any applicant who tenders payment of the
tax with
| 6340 |
|
the
application for a certificate of title. If the
application
for | 6341 |
| a certificate
of
title is for an off-highway
motorcycle or
| 6342 |
|
all-purpose vehicle
purchased prior to
July
1,
1999, the clerk | 6343 |
| shall
accept
the application
without payment of
the taxes levied | 6344 |
| by or
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or | 6345 |
|
presentation of either of
the items listed in
division
(A) or
(B) | 6346 |
| of
this section. | 6347 |
| A clerk, however, may retain from the taxes paid to the
clerk | 6355 |
|
an amount equal to the poundage fees associated with
certificates | 6356 |
|
of title issued by other clerks of courts of common
pleas to | 6357 |
|
applicants who reside in the first clerk's county. The
registrar, | 6358 |
|
in consultation with the tax commissioner and the
clerks of the | 6359 |
|
courts of common pleas, shall develop a report from
the automated | 6360 |
|
title processing system that informs each clerk of
the amount of | 6361 |
|
the poundage fees that the clerk is permitted to
retain from those | 6362 |
|
taxes because of certificates of title issued by
the clerks of | 6363 |
|
other counties to applicants who reside in the first
clerk's | 6364 |
|
county. | 6365 |
| In addition to the
information required by section 4519.57
of
| 6373 |
|
the
Revised Code,
each certificate of title shall contain in
bold
| 6374 |
|
lettering the following
notification and statements:
"WARNING TO
| 6375 |
|
TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): You
are required by
| 6376 |
|
law
to state the true selling
price. A false
statement is in
| 6377 |
|
violation of section 2921.13 of the Revised
Code
and is punishable
| 6378 |
|
by six months
imprisonment or a fine of up to
one thousand
| 6379 |
|
dollars, or both. All transfers
are audited by the
department of
| 6380 |
|
taxation. The seller and buyer must provide
any
information
| 6381 |
|
requested by the department of taxation. The buyer
may be
assessed | 6382 |
| any additional tax found to be due." | 6383 |
| If the off-highway motorcycle or all-purpose vehicle contains | 6413 |
|
a permanent identification number placed thereon by the | 6414 |
|
manufacturer, this
number shall be used as the vehicle | 6415 |
|
identification number. Except as provided
in division (B) of this | 6416 |
|
section, if the application for a certificate
of title refers to | 6417 |
|
an
off-highway motorcycle or all-purpose vehicle that contains | 6418 |
|
such a
permanent identification number,
but for which no | 6419 |
|
certificate of title has been
issued previously by this state, the | 6420 |
|
application shall be
accompanied by a physical inspection | 6421 |
|
certificate as described in
that division. | 6422 |
| If there is no
manufacturer's vehicle identification number | 6423 |
|
or if the manufacturer's vehicle
identification number has been | 6424 |
|
removed or obliterated, the registrar, upon
receipt of a | 6425 |
|
prescribed application and proof of ownership, but prior to | 6426 |
|
issuance of a certificate of title, shall assign a
vehicle | 6427 |
|
identification number for the off-highway motorcycle or | 6428 |
|
all-purpose vehicle. This assigned vehicle identification number | 6429 |
|
shall be
permanently affixed to or imprinted upon the off-highway | 6430 |
|
motorcycle or all-purpose vehicle
by the state highway patrol.
The | 6431 |
|
state
highway patrol shall assess a fee of fifty dollars for | 6432 |
|
affixing the
number to the off-highway motorcycle or all-purpose | 6433 |
|
vehicle and shall deposit
each such fee in the state highway | 6434 |
|
safety fund established by
section 4501.06 of the Revised
Code. | 6435 |
| (B) Except in the case of a new off-highway motorcycle or | 6436 |
all-purpose vehicle sold by a dealer licensed under
Chapter 4517. | 6437 |
of the
Revised Code title to which is
evidenced by a | 6438 |
|
manufacturer's or importer's certificate, if
the application
for a | 6439 |
|
certificate of title refers to an off-highway motorcycle
or | 6440 |
|
all-purpose vehicle that contains a permanent identification | 6441 |
|
number placed thereon by the manufacturer, but for which no | 6442 |
|
certificate of title previously has been issued by this state,
the | 6443 |
|
application shall be accompanied by a physical inspection | 6444 |
|
certificate issued by the department of public safety verifying | 6445 |
|
the make, year, series or model, if any, body type, and | 6446 |
|
manufacturer's
vehicle identification number of the off-highway | 6447 |
|
motorcycle or
all-purpose vehicle for which the certificate of | 6448 |
|
title is
desired. The physical inspection certificate shall be in | 6449 |
|
such
form as is designated by the registrar. The physical | 6450 |
|
inspection
shall be made at a deputy registrar's office or at an | 6451 |
|
established place of business operated by a licensed motor
vehicle | 6452 |
|
dealer. The deputy registrar or
motor vehicle dealer may charge
a | 6453 |
|
maximum fee of
two dollars and seventy-five
cents
commencing
on | 6454 |
|
July 1, 2001, three dollars and twenty-five
cents commencing on | 6455 |
|
January 1, 2003, and three dollars and fifty
cents commencing on | 6456 |
|
January 1, 2004, for conducting the
physical
inspection. | 6457 |
| Sec. 4519.58.
(A) When the clerk of
a court
of
common
pleas | 6468 |
|
issues a physical certificate of title, the clerk
shall
issue
the | 6469 |
certificate of title
on a form and in
duplicate.
One
copy
shall be | 6470 |
retained and fileda manner prescribed by
the
registrar of motor | 6471 |
| vehicles. The clerk
shall file a copy of the
physical certificate | 6472 |
of title in
the
clerk's
office, anda manner
prescribed by the | 6473 |
| registrar. The
information contained in it
shall be
transmitted
to | 6474 |
the
registrar
of motor vehicles on the
day it is
issued. The
clerk | 6475 |
|
shall sign and affix the clerk's
seal to the
original
certificate | 6476 |
|
of
title and, if there are no
liens on the
off-highway
motorcycle | 6477 |
| or
all-purpose vehicle,
shall deliver the
certificate
to the | 6478 |
| applicant or the
selling
dealer. Except as
otherwise
provided in | 6479 |
| this section, if there
are
one or more
liens on the
off-highway | 6480 |
| motorcycle or
all-purpose vehicle, the
certificate of
title shall
| 6481 |
|
be delivered
to the holder of the
first lien. If the
certificate
| 6482 |
|
of title is
obtained by a dealer
on behalf of the
applicant and | 6483 |
| there are one
or more liens on
the off-highway
motorcycle or | 6484 |
| all-purpose
vehicle, the clerk
shall issue a
certificate of title | 6485 |
| and may
issue a
memorandum
certificate
of
title. The certificate | 6486 |
| of
title and memorandum
certificate of
title, if
issued, shall
be | 6487 |
|
delivered to the
holder of the first
lien or the selling dealer, | 6488 |
|
who shall
deliver the certificate of
title to the
holder of the | 6489 |
|
first lien
and the memorandum
certificate of title to the
| 6490 |
|
applicant. The
selling dealer also
may make arrangements with
the | 6491 |
| clerk to
have
the clerk deliver
the
memorandum certificate
of | 6492 |
| title to the
applicant. | 6493 |
| The clerk need not retain on file any current certificates of
| 6502 |
|
title,
current duplicate
certificates of title, current
memorandum
| 6503 |
|
certificates of title, or current
salvage
certificates of title,
| 6504 |
or supporting evidence
of them,
including
the
electronic
record | 6505 |
described in section 4519.55 of
the
Revised Code, covering
any
| 6506 |
|
off-highway motorcycle or
all-purpose vehicle
for a period
longer | 6507 |
| than seven years after
the
date of their filing;
thereafter,
the
| 6508 |
|
documents and
supporting evidence may be
destroyed.
The clerk need | 6509 |
| not retain
on file any inactive
records,
including certificates of | 6510 |
| title,
duplicate certificates
of
title,
or memorandum certificates | 6511 |
| of
title, or supporting
evidence
of them, including the
electronic | 6512 |
|
record
described in section
4519.55 of the Revised
Code,
covering | 6513 |
| any
off-highway motorcycle
or all-purpose
vehicle for
a period | 6514 |
| longer
than five years after
the date of
their filing;
thereafter, | 6515 |
| the
documents and
supporting
evidence may be
destroyed. | 6516 |
| (C) The clerk shall issue a physical certificate of title to | 6525 |
|
an
applicant unless the applicant specifically requests the clerk | 6526 |
|
not
to issue a
physical certificate of title and instead to
issue | 6527 |
| an
electronic certificate
of title.
The fact that a
physical
| 6528 |
|
certificate of title is
not issued for an off-highway
motorcycle
| 6529 |
|
or all-purpose vehicle does
not affect ownership of
the
motorcycle
| 6530 |
|
or
vehicle. In that case, when the clerk
completes
the process of
| 6531 |
|
entering certificate of title
application
information into the
| 6532 |
|
automated title processing
system, the
effect of the completion of
| 6533 |
|
the process is the same
as if the
clerk actually issued a physical
| 6534 |
|
certificate of title
for the
motorcycle or vehicle. | 6535 |
| Sec. 4519.61. (A) Each owner of an off-highway
motorcycle
| 6552 |
|
or
all-purpose vehicle and each person mentioned as owner in the
| 6553 |
|
last certificate
of title, when the off-highway motorcycle or
| 6554 |
|
all-purpose vehicle
is dismantled, destroyed, or changed in such
| 6555 |
|
manner that it loses its
character
as an off-highway motorcycle
or
| 6556 |
|
all-purpose vehicle, or changed in
such manner that it is not
the
| 6557 |
|
off-highway motorcycle or
all-purpose
vehicle described in
the
| 6558 |
|
certificate of title, shall surrender the
certificate of
title to
| 6559 |
|
a clerk of
a court
of common pleas,
and
the clerk,
with the | 6560 |
| consent of the holders of
any liens
noted
on the
certificate of | 6561 |
| title, then shall
enter a
cancellation upon the
clerk's records | 6562 |
| and shall notify
the
registrar of motor vehicles
of the | 6563 |
| cancellation. | 6564 |
| (B)
If an Ohio certificate of title or
salvage
certificate
of | 6569 |
| title to an off-highway
motorcycle or all-purpose
vehicle is | 6570 |
|
assigned to a salvage
dealer, the dealer shall not be
required
to | 6571 |
| obtain an
Ohio certificate of title or a
salvage
certificate
of | 6572 |
| title to the off-highway
motorcycle or all-purpose
vehicle in
the | 6573 |
| dealer's own name if the dealer
dismantles or
destroys the | 6574 |
|
off-highway motorcycle
or all-purpose vehicle,
completes the | 6575 |
|
assignment on the
certificate of title or salvage
certificate of | 6576 |
|
title, indicates
the number of the dealer's motor
vehicle
salvage | 6577 |
| dealer's
license
on it, marks
"FOR
DESTRUCTION"
across
the face of | 6578 |
| the
certificate of title or
salvage certificate
of
title, and
| 6579 |
|
surrenders the certificate of
title or salvage
certificate of
| 6580 |
|
title to
a clerk of
a
court of common
pleas
as
provided in
| 6581 |
|
division (A) of this
section. If the salvage
dealer
retains the
| 6582 |
|
off-highway
motorcycle or all-purpose vehicle
for
resale, the | 6583 |
| salvage
dealer
shall make application for a
salvage
certificate of | 6584 |
| title
to the
off-highway motorcycle or
all-purpose
vehicle in the | 6585 |
| salvage
dealer's own name as provided
in division
(C)(1) of this | 6586 |
|
section. | 6587 |
| (C)(1) When an insurance
company declares it economically
| 6588 |
|
impractical to repair the
off-highway motorcycle or all-purpose
| 6589 |
|
vehicle and
has paid an agreed price for the purchase of the
| 6590 |
|
off-highway motorcycle or all-purpose vehicle to any insured or
| 6591 |
|
claimant owner, the insurance company shall receive the
| 6592 |
|
certificate of title and off-highway motorcycle or
all-purpose
| 6593 |
|
vehicle and
proceed
as follows. Within thirty days, the
insurance
| 6594 |
|
company shall
deliver the certificate of title to
a
clerk of
a | 6595 |
| court of
common pleas and shall make application
for
a
salvage
| 6596 |
|
certificate of title. The clerk shall issue the
salvage
| 6597 |
|
certificate of title on a form, prescribed by the
registrar,
that
| 6598 |
|
shall be easily distinguishable from the
original certificate of
| 6599 |
title and shall bear the same
number and
information as the
| 6600 |
|
original certificate of title except that it may bear a different | 6601 |
| number from that of the original certificate of title. Except as | 6602 |
|
provided in
division
(C)(2) of this section, the salvage
| 6603 |
|
certificate of title shall be
assigned by the insurance company
| 6604 |
|
to a salvage dealer or any other
person for use as evidence of
| 6605 |
|
ownership upon the sale or other
disposition of the
off-highway | 6606 |
|
motorcycle or all-purpose vehicle,
and the salvage
certificate
of | 6607 |
| title shall be transferable to any
other person.
The clerk
of the | 6608 |
| court of common pleas shall charge
a fee of
four dollars
for the | 6609 |
| cost of processing each salvage
certificate
of title. | 6610 |
| (2) If an insurance company considers an
off-highway
| 6611 |
|
motorcycle or all-purpose vehicle as described in
division (C)(1)
| 6612 |
|
of this section
to be impossible to restore to normal operation,
| 6613 |
|
the insurance
company may assign the certificate of title to the
| 6614 |
|
off-highway motorcycle or all-purpose vehicle to a salvage
dealer
| 6615 |
|
or scrap metal processing facility and send the assigned
| 6616 |
|
certificate of title to the clerk of the court of common pleas
of | 6617 |
theany county
in which the salvage dealer or scrap metal
| 6618 |
processing
facility is located. The insurance company shall mark
| 6619 |
|
the face
of
the certificate of title
"FOR DESTRUCTION" and shall
| 6620 |
|
deliver
a
photocopy of the certificate of title to the salvage
| 6621 |
|
dealer or
scrap metal processing facility for its records. | 6622 |
| (3) If an insurance company declares it economically
| 6623 |
|
impractical to repair an off-highway motorcycle
or
all-purpose
| 6624 |
|
vehicle, agrees to pay to the insured or claimant
owner an amount
| 6625 |
|
in settlement of a claim against a policy of
motor vehicle
| 6626 |
|
insurance covering the off-highway
motorcycle or all-purpose
| 6627 |
|
vehicle, and agrees to permit the
insured or claimant owner to
| 6628 |
|
retain possession of the
off-highway motorcycle or all-purpose
| 6629 |
|
vehicle, the
insurance company shall not pay the insured or
| 6630 |
|
claimant owner
any amount in settlement of the insurance claim
| 6631 |
|
until the owner
obtains a salvage certificate of title to the
| 6632 |
|
vehicle and
furnishes a copy of the salvage certificate of title
| 6633 |
|
to the
insurance company. | 6634 |
| (1) Mark the face of the certificate of title to the
| 6641 |
|
off-highway motorcycle or all-purpose vehicle
"FOR
DESTRUCTION"
| 6642 |
|
and surrender the certificate of title to
a clerk
of
a
court
of | 6643 |
| common pleas for cancellation as described in
division
(A) of
this | 6644 |
| section.
The self-insured organization, rental or
leasing
company, | 6645 |
| or
secured creditor
then shall deliver
the
off-highway motorcycle | 6646 |
| or all-purpose vehicle, together with
a
photocopy of the | 6647 |
| certificate of title, to a salvage dealer or
scrap metal | 6648 |
| processing facility and shall cause the
off-highway
motorcycle or | 6649 |
| all-purpose vehicle to be dismantled,
flattened,
crushed, or | 6650 |
| destroyed. | 6651 |
| (2) Obtain a salvage certificate of title to the
off-highway
| 6652 |
|
motorcycle or all-purpose vehicle in
the name of the
self-insured
| 6653 |
|
organization, rental or leasing
company, or secured
creditor, as
| 6654 |
|
provided in division
(C)(1) of this section, and
then sell or
| 6655 |
|
otherwise dispose of the off-highway
motorcycle or
all-purpose
| 6656 |
|
vehicle. If the off-highway
motorcycle or
all-purpose vehicle is
| 6657 |
|
sold, the self-insured organization,
rental or leasing company,
or
| 6658 |
|
secured creditor shall obtain a
salvage certificate of title
to
| 6659 |
|
the off-highway motorcycle or
all-purpose
vehicle in the name of
| 6660 |
|
the purchaser from
a
clerk
of
a court
of common pleas. | 6661 |
| (E) If an
off-highway motorcycle or all-purpose vehicle
| 6662 |
|
titled with a
salvage certificate of title is restored for
| 6663 |
|
operation, application shall be
made to
a clerk of
a
court
of
| 6664 |
|
common pleas for a certificate of title after
inspection by the
| 6665 |
|
state highway patrol. The inspection shall
include establishing
| 6666 |
|
proof of
ownership and an inspection of the
motor number and
| 6667 |
|
vehicle
identification number of the
off-highway motorcycle
or
| 6668 |
|
all-purpose vehicle and of
documentation or receipts for the
| 6669 |
|
materials used in restoration
by the owner of the
off-highway
| 6670 |
|
motorcycle or all-purpose
vehicle being inspected,
which
| 6671 |
|
documentation or receipts shall
be presented at the time
of
| 6672 |
|
inspection. Upon successful
completion of the inspection, the
| 6673 |
|
state
highway patrol shall
issue to the owner a completed
| 6674 |
|
inspection
form. The clerk, upon
submission of the completed
| 6675 |
|
inspection form and
surrender of the
salvage
certificate of
title,
| 6676 |
|
shall issue a certificate of title
for a
fee prescribed
by the
| 6677 |
|
registrar. The certificate of title
shall
be in the same
form as
| 6678 |
the original certificate of title,
shall
bear the same
number as
| 6679 |
the salvage certificate of title
and the
original
certificate of
| 6680 |
title, and shall bear the words
"REBUILT SALVAGE"
in black
| 6681 |
|
boldface letters on its face. Every
subsequent
certificate of
| 6682 |
|
title, memorandum certificate of title,
or
certified copy of a
| 6683 |
|
certificate of title or memorandum
certificate of title issued
for
| 6684 |
|
the off-highway motorcycle or
all-purpose
vehicle also shall bear
| 6685 |
|
the words
"REBUILT
SALVAGE" in black boldface letters on its face.
| 6686 |
|
The exact
location on
the face of the certificate of title of
the
| 6687 |
|
words
"REBUILT SALVAGE" shall be determined by the registrar,
who
| 6688 |
|
shall develop an
automated procedure within the automated title
| 6689 |
|
processing system
to comply with this division. The clerk shall
| 6690 |
|
use reasonable
care in performing the duties imposed on the clerk
| 6691 |
|
by this
division in issuing a certificate of title pursuant to
| 6692 |
|
this
division, but the clerk is not liable for errors or
omissions
| 6693 |
|
of
the clerk of courts, the clerk's deputies, or the
automated
| 6694 |
|
title processing system in the performance of such
duties. A
fee
| 6695 |
|
of fifty dollars shall be assessed by the state
highway patrol for
| 6696 |
|
each inspection made pursuant to this
division. | 6697 |
| (2)
Chapter 1309. of the
Revised
Code
applies to a
security
| 6722 |
|
interest in an off-highway
motorcycle or all-purpose
vehicle
held | 6723 |
| as inventory, as defined
in
section 1309.102 of the
Revised
Code, | 6724 |
| for
sale by a
dealer.
The security interest has
priority over | 6725 |
|
creditors of the
dealer
as provided in
Chapter
1309. of
the
| 6726 |
|
Revised
Code without
notation of
the
security
interest on a
| 6727 |
|
certificate of title,
without entry
of a
notation
of the security
| 6728 |
|
interest into the
automated title
processing
system
if a physical
| 6729 |
|
certificate of
title has not
been issued,
or without
the
retention
| 6730 |
|
of a
manufacturer's or
importer's
certificate. | 6731 |
| (B) Subject to
division (A) of this
section,
any security
| 6732 |
|
agreement covering a security interest in an
off-highway
| 6733 |
|
motorcycle or all-purpose vehicle,
if a notation of the
agreement
| 6734 |
|
has been made by
a clerk of
a
court of common
pleas
on the
face
of | 6735 |
| the certificate of title
or if the clerk
has
entered a
notation of | 6736 |
| the
agreement into the automated title
processing
system if a | 6737 |
| physical
certificate of title has not
been issued, is
valid as | 6738 |
| against the
creditors of
the debtor,
whether armed with
process or | 6739 |
| not, and against subsequent
purchasers, secured
parties, and other | 6740 |
| lienholders or claimants.
All security
interests, liens,
| 6741 |
|
mortgages, and
encumbrances
entered
into the automated title | 6742 |
| processing
system in
relation
to a
particular certificate of | 6743 |
| title, regardless of
whether a
physical certificate of title
is | 6744 |
| issued,
take
priority
according
to the order of time in which they | 6745 |
| are
entered into
the
automated title processing system by the | 6746 |
|
clerk.
Exposure for
sale of any off-highway motorcycle or | 6747 |
|
all-purpose
vehicle by its
owner, with the knowledge or with the | 6748 |
|
knowledge
and
consent of
the
holder of any security interest, | 6749 |
|
lien,
mortgage, or
encumbrance
on it, does not
render the
security | 6750 |
| interest, lien,
mortgage, or encumbrance ineffective as
against | 6751 |
| the creditors
of
the owner, or against holders of
subsequent | 6752 |
| security interests,
liens,
mortgages, or
encumbrances upon the | 6753 |
| off-highway
motorcycle
or all-purpose
vehicle. | 6754 |
| The secured party, upon presentation of
evidence of a
| 6755 |
|
security
interest to
a clerk
of
a court of
common pleas,
together | 6756 |
| with the certificate of title
if a
physical
certificate
of title | 6757 |
| for the off-highway motorcycle or all-purpose
vehicle
exists, and | 6758 |
| the fee prescribed by
section 4519.59 of the
Revised
Code,
may | 6759 |
have a notation of the security interest made
on
the
face of the
| 6760 |
certificate of title, and, if such a
notation is
made, another | 6761 |
notation
of the
security interest
shall
be
entered into the | 6762 |
automated title processing system.
Unless the
secured party | 6763 |
| specifically
requests
the
clerk not to issue a
physical | 6764 |
| certificate of title
and instead
to issue an
electronic | 6765 |
| certificate of title, the
clerk, over the
clerk's
signature and | 6766 |
| seal of office,
shall
issue
a new original
certificate of title | 6767 |
| from the
automated
title
processing system
that indicates the | 6768 |
| security
interest
and the
date of the
security
interest. | 6769 |
| If a security interest is
fully discharged
as a result of its | 6770 |
|
holder's receipt of good funds in the correct amount
and
if the | 6771 |
holder
of the
security interest holds a physical certificate of | 6772 |
title,
the
holder
of the security interest shall note
itsthe | 6773 |
|
discharge
of the security interest
over
the holder's signature on | 6774 |
|
the face of the
certificate of title,
or over the holder's | 6775 |
|
signature on a form
prescribed by the
registrar of motor
vehicles | 6776 |
| when there is no
space for the
discharge on the face of
the
| 6777 |
certificate of title.
PriorExcept as otherwise provided in
this | 6778 |
| section, prior to
delivering the certificate
of title to
the | 6779 |
owner, the
holder or
the holder's agent shall
present it and any
| 6780 |
additional
information
a clerk requires to
a
clerk to have the | 6781 |
clerk
note
the cancellation of the security interest on the
face | 6782 |
ofconvey
the
certificate of title
and upon the records of theor | 6783 |
|
a separate sworn statement of the discharge of the security | 6784 |
|
interest to a clerk. The conveyance shall occur not more than | 6785 |
|
seven business days after the date good funds in the correct | 6786 |
|
amount to discharge fully the security interest have been credited | 6787 |
|
to an account of the holder, provided the holder has been provided | 6788 |
|
accurate information concerning the off-highway motorcycle or | 6789 |
|
all-purpose vehicle. Conveyance of the certificate of title or | 6790 |
|
separate sworn statement of the discharge within the required | 6791 |
|
seven business days may be indicated by postmark or receipt by a | 6792 |
|
clerk
within that period.
If
the
discharge
of the security | 6793 |
|
interest
appears to be genuine, the clerk shall
note the
| 6794 |
|
cancellation
of the security interest on the
face of the | 6795 |
|
certificate of title, if it was so conveyed, and
also shall
note | 6796 |
the
cancellation on
the clerk's records and notify the
registrar, | 6797 |
who
shall note the cancellation.
If a security
interest that is
| 6798 |
discharged does not appear on the face
of the
certificate
of
| 6799 |
title, but instead was entered into the automated
title processing
| 6800 |
system, the clerk shall enter
the cancellation
intoit in the
| 6801 |
automated
title processing system and
also shall
note
the | 6802 |
cancellation on a form
prescribed by the
registrar. | 6803 |
| Sec. 4549.081. (A) The superintendent of the state highway | 6844 |
| patrol shall adopt rules governing the use of an electronic | 6845 |
| clearance device that enables an operator of a commercial motor | 6846 |
| vehicle, in accordance with division (B) of section 4511.121 of | 6847 |
| the Revised Code, to bypass a scale location established for the | 6848 |
| purpose of determining the weight of the vehicle and its load. The | 6849 |
| superintendent shall establish the acceptable types and features | 6850 |
| of such devices. The rules of the superintendent also shall | 6851 |
| establish a method for a peace officer to determine that the | 6852 |
| device and its use are in compliance with this section and the | 6853 |
| rules of the superintendent. | 6854 |
| Sec. 4738.05. At the time the registrar of motor vehicles | 6861 |
|
grants the application of any person for a license under this | 6862 |
chapter,
hethe registrar shall issue to the person a license that | 6863 |
| shall have
provisional
status for a period of one hundred eighty | 6864 |
| days from
the date of issuance. At
the end of that period and | 6865 |
| subject to
the results of the inspection described
in section | 6866 |
| 4738.071 of the
Revised Code of the place of business of the | 6867 |
|
license holder, the
license either shall be revoked or shall | 6868 |
| remain valid and
no
longer have provisional status.
The registrar | 6869 |
|
shall prescribe
forms for licenses, and all licenses shall
include | 6870 |
| the name and
post office address of the person licensed. | 6871 |
| If a licensee has more than one place of business in the | 6876 |
county, hethe licensee shall make application, in a form as the | 6877 |
| registrar
prescribes, for a certified copy of the license issued | 6878 |
| to the
person for each place of business operated. In the event of | 6879 |
| the
loss, mutilation, or destruction of a license issued under | 6880 |
|
sections 4738.01 to 4738.16 of the Revised Code, any licensee may | 6881 |
|
make application to the registrar, in a form as the registrar | 6882 |
|
prescribes, for a duplicate copy thereof. The fee for a
certified | 6883 |
|
or duplicate copy of a license is one dollar. All fees
for copies | 6884 |
|
shall accompany the applications. | 6885 |
AllBeginning on the effective date of this amendment, all | 6886 |
licenses issued or renewed each year shall expire biennially on | 6887 |
|
the
last day of July of each two-year license cycle unless sooner | 6888 |
| suspended or revoked, and each
motor vehicle salvage dealer, | 6889 |
| salvage motor vehicle auction, or
salvage motor vehicle pool | 6890 |
licensed during any year shall, before
the first day of August | 6891 |
eachin the year in which the license will expire, file an | 6892 |
| application, in a form
as the registrar prescribes, for the | 6893 |
| renewal of the license. The
fee provided in this section for the | 6894 |
| original license shall
accompany the application. | 6895 |
| Sec. 4738.18. (A) Any person licensed under division (A)
of | 6896 |
|
section 4738.03 of the Revised Code who wishes to purchase
salvage | 6897 |
|
motor vehicles at salvage motor vehicle auctions or
salvage motor | 6898 |
|
vehicle pools shall make application to the
registrar of motor | 6899 |
|
vehicles for a buyer's identification card.
The application shall | 6900 |
|
be on a form prescribed by the registrar
and shall contain the | 6901 |
|
applicant's name, principal business
address, the license number | 6902 |
|
under which the applicant will be
making purchases, and such other | 6903 |
|
information as the registrar
requires. In lieu of directly | 6904 |
|
obtaining a buyer's identification
card or in addition thereto, | 6905 |
|
any person licensed under division
(A) of section 4738.03 of the | 6906 |
|
Revised Code may designate up to
two employees to act as buyers | 6907 |
|
for the licensee. The licensee
shall make application for a | 6908 |
|
buyer's identification card for each
employee in the same manner | 6909 |
|
as for a card for the licensee. | 6910 |
| (C) Beginning on the effective date of this amendment, each | 6913 |
| buyer's identification card shall expire biennially on a day | 6914 |
| within the two-year cycle that is prescribed by the registrar, | 6915 |
| unless sooner suspended or revoked. Before the first day after the | 6916 |
| day prescribed by the registrar in the year that the card expires, | 6917 |
| each cardholder shall file an application for renewal of the card, | 6918 |
| in a form that the registrar prescribes. A buyer's identification | 6919 |
| card is nontransferable. If
the holder of a card no longer | 6920 |
| possesses a valid salvage motor
vehicle dealer's license, or if an | 6921 |
| employee of the licensee
leaves
the employment of the licensee, | 6922 |
| the buyer's identification
card of
that person is invalid and the | 6923 |
| holder shall return the
card to the
registrar. | 6924 |
| Sec. 4905.06. The public utilities commission has general | 6940 |
|
supervision over all public utilities within its jurisdiction as | 6941 |
|
defined in section 4905.05 of the Revised Code, and may examine | 6942 |
|
such public utilities and keep informed as to their general | 6943 |
|
condition, capitalization, and franchises, and as to the manner
in | 6944 |
|
which their properties are leased, operated, managed, and | 6945 |
|
conducted with respect to the adequacy or accommodation afforded | 6946 |
|
by their service, the safety and security of the public and their | 6947 |
|
employees, and their compliance with all laws, orders of the | 6948 |
|
commission, franchises, and charter requirements. The commission | 6949 |
|
has general supervision over all other companies referred to in | 6950 |
|
section 4905.05 of the Revised Code to the extent of its | 6951 |
|
jurisdiction as defined in that section, and may examine such | 6952 |
|
companies and keep informed as to their general condition and | 6953 |
|
capitalization, and as to the manner in which their properties
are | 6954 |
|
leased, operated, managed, and conducted with respect to the | 6955 |
|
adequacy or accommodation afforded by their service, and their | 6956 |
|
compliance with all laws and orders of the commission, insofar as | 6957 |
|
any of such matters may relate to the costs associated with the | 6958 |
|
provision of electric utility service by public utilities in this | 6959 |
|
state which are affiliated or associated with such companies.
The | 6960 |
|
commission, through the public utilities commissioners or | 6961 |
|
inspectors or employees of the commission authorized by it, may | 6962 |
|
enter in or upon, for purposes of inspection, any property, | 6963 |
|
equipment, building, plant, factory, office, apparatus,
machinery, | 6964 |
|
device, and lines of any public utility. The power to
inspect | 6965 |
|
includes the power to prescribe any rule or order that
the | 6966 |
|
commission finds necessary for protection of the public
safety.
In | 6967 |
|
order to assist the commission in the performance of its duties | 6968 |
under this chapter, authorized employees of the
commercial motor | 6969 |
vehicle
safetycarrier enforcement unit,
created under section | 6970 |
|
5503.04 of the Revised Code in the division of state highway | 6971 |
|
patrol, of the department
of public safety
may enter in or
upon, | 6972 |
|
for inspection purposes, any motor vehicle of any motor | 6973 |
|
transportation
company or private motor carrier as defined
in | 6974 |
|
section 4923.02 of the Revised Code. | 6975 |
| (C) Rules adopted under divisions (A) and (B) of this
section | 6993 |
| shall be consistent with, and equivalent in scope,
coverage, and | 6994 |
| content to, the "Hazardous Materials Transportation
Act," 88 Stat. | 6995 |
| 2156 (1975), 49 U.S.C.A. 1801, as amended, and
regulations adopted | 6996 |
| under it, and the "Motor Carrier Safety Act
of
1984," 98 Stat. | 6997 |
| 2832, 49 U.S.C.A. 2501, and regulations
adopted
under it, | 6998 |
| respectively. No person shall violate a rule
adopted
under | 6999 |
| division (A) or (B) of this section or any order of
the
commission | 7000 |
| issued to secure compliance with any such rule. | 7001 |
| (D) The commission shall cooperate with, and permit the
use | 7002 |
|
of, the services, records, and facilities of the commission
as | 7003 |
|
fully as practicable by appropriate officers of the interstate | 7004 |
|
commerce commission, the United States department of | 7005 |
|
transportation, and other federal agencies or commissions and | 7006 |
|
appropriate commissions of other states in the enforcement and | 7007 |
|
administration of state and federal laws relating to highway | 7008 |
|
transportation by motor vehicles. The commission may enter into | 7009 |
|
cooperative agreements with the interstate commerce commission, | 7010 |
|
the United States department of transportation, and any other | 7011 |
|
federal agency or commission to enforce the economic and safety | 7012 |
|
laws and rules of this state and of the United States concerning | 7013 |
|
highway transportation by motor vehicles. | 7014 |
| (E) To achieve the purposes of this section, the commission | 7015 |
may,
through its inspectors or other authorized employees,
may | 7016 |
|
inspect any vehicles of
carriers of persons or property in | 7017 |
|
interstate commerce subject to the safety
rules prescribed by this | 7018 |
|
section and may enter upon the premises and vehicles
of such | 7019 |
|
carriers to examine any of the carriers' records or documents that | 7020 |
|
relate to the safety of operation of such carriers. In order to | 7021 |
|
assist the
commission in the performance of its duties under this | 7022 |
section, authorized
employees of the
commercial motor
vehicle | 7023 |
safetycarrier enforcement unit,
created under section 5503.34 of | 7024 |
|
the Revised Code in the division of
state highway patrol, of the | 7025 |
|
department of public safety may enter in or upon,
for purposes
of | 7026 |
|
inspection, any vehicle of any such carrier. | 7027 |
| (C) The commission may adopt safety rules applicable to
the | 7050 |
|
transportation of hazardous materials by private motor
carriers by | 7051 |
|
means of commercial motor vehicles and applicable to
the offering | 7052 |
|
of hazardous materials for such transportation. The
rules shall
be | 7053 |
| consistent with, and equivalent in scope,
coverage, and content | 7054 |
|
to, the "Hazardous Materials Transportation
Act," 88 Stat. 2156 | 7055 |
|
(1975), 49 U.S.C.A. 1801, as amended, and
regulations adopted | 7056 |
|
under it. | 7057 |
| (D) To achieve the purposes of this section, the
commission | 7058 |
|
may, through inspectors or other
authorized employees, inspect any | 7059 |
|
motor vehicles of such carriers and may
enter upon the premises | 7060 |
|
and vehicles of the carriers to examine
any of the carriers' | 7061 |
|
records or documents that relate to the
safety of operation of | 7062 |
|
private motor carriers. In order to assist the
commission in | 7063 |
|
performing its duties under this section, authorized employees
of | 7064 |
the
commercial motor
vehicle safetycarrier enforcement unit, | 7065 |
| created under section 5503.34 of the Revised Code in the division | 7066 |
|
of state
highway patrol, of the department of public safety may | 7067 |
|
enter in or upon, for
purposes of
inspection, any motor vehicle of | 7068 |
|
any such carrier. | 7069 |
| (B) The director of the department of public safety is the | 7085 |
|
chief executive and administrative officer of the department. The | 7086 |
|
director may establish policies governing the department, the | 7087 |
|
performance of its employees and officers, the conduct of its | 7088 |
|
business, and the custody, use, and preservation of departmental | 7089 |
|
records, papers, books, documents, and property. The director
also | 7090 |
| may authorize and approve investigations to be conducted by
any of | 7091 |
| the department's divisions. Whenever the Revised Code
imposes a | 7092 |
| duty upon or requires an action of the department, the
director | 7093 |
| may perform the action or duty in the name of the
department or | 7094 |
| direct such performance to be performed by the
director's | 7095 |
| designee. | 7096 |
| Sec. 5502.11. Every law enforcement agency representing a | 7135 |
|
township, county,
municipal corporation, or other political | 7136 |
|
subdivision investigating a motor
vehicle accident involving a | 7137 |
fatality, personal injury, or property damage in
an amount
not | 7138 |
lessgreater than
one hundred fiftyfour hundred dollars shall, | 7139 |
|
within five days,
forward a written report of such accident to the | 7140 |
|
director of public safety on
a
form which the director shall adopt | 7141 |
|
subject to sections 119.01 to 119.13 of
the
Revised Code. | 7142 |
| The superintendent, with the approval of the director,
shall | 7153 |
|
prescribe rules for instruction and discipline, make all | 7154 |
|
administrative rules, and fix the hours of duty for patrol | 7155 |
officers.
HeThe superintendent shall divide the state into | 7156 |
|
districts and assign
members of the patrol to such districts in a | 7157 |
manner that
hethe
superintendent deems
proper.
HeThe | 7158 |
|
superintendent may transfer members of the
patrol from one | 7159 |
|
district
to another, and classify and rank members of the patrol. | 7160 |
|
All
promotions to a higher grade shall be made from the next lower | 7161 |
grade.
WhenNotwithstanding the step seven limitations in division | 7162 |
| (G) of section 124.15 of the
Revised Code, when a patrol officer | 7163 |
| is promoted by the
superintendent,
the officer's salary shall be | 7164 |
| increased to that of
the lowest
step in the pay range for the new | 7165 |
| grade which shall
increase the
officer's salary or wage by at | 7166 |
| least nine per cent of
the base
pay
wherever possible. | 7167 |
(D)(E) An automobile transporter or boat transporter shall
be | 7243 |
| allowed a length of sixty-five feet and a stinger-steered | 7244 |
|
automobile transporter or stinger-steered boat transporter shall | 7245 |
|
be allowed a length of seventy-five feet, except that the load | 7246 |
|
thereon may extend no more than four feet beyond the rear of such | 7247 |
|
vehicles and may extend no more than three feet beyond the front | 7248 |
|
of such vehicles, and except further that the director may | 7249 |
|
prohibit the
operation of a
stinger-steered
automobile | 7250 |
|
transporter, stinger-steered boat transporter, or a
B-train | 7251 |
|
assembly on any state highway or portion thereof that the
director | 7252 |
|
designates. | 7253 |
The lengths prescribed in divisions
(B)(C)(2) to (7) of this | 7264 |
|
section shall not include safety devices, bumpers attached to the | 7265 |
|
front or rear of such bus or combination, B-train assembly used | 7266 |
|
between the first and second semitrailer of a commercial | 7267 |
|
tractor-semitrailer-semitrailer combination, energy conservation | 7268 |
|
devices as provided in any regulations adopted by the secretary
of | 7269 |
|
the United States department of transportation, or any | 7270 |
|
noncargo-carrying refrigeration equipment attached to the front
of | 7271 |
|
trailers and semitrailers. In special cases, vehicles whose | 7272 |
|
dimensions exceed those prescribed by this section may operate in | 7273 |
|
accordance with rules adopted by the director. | 7274 |
(E)(G) This section does not apply to fire engines, fire | 7275 |
|
trucks,
or other vehicles or apparatus belonging to any municipal | 7276 |
|
corporation or to the volunteer fire department of any municipal | 7277 |
|
corporation or used by such department in the discharge of its | 7278 |
|
functions. This section does not apply to vehicles and pole | 7279 |
|
trailers used in the transportation of wooden and metal poles,
nor | 7280 |
|
to the transportation of pipes or well-drilling equipment,
nor to | 7281 |
|
farm machinery and equipment. The owner or operator of
any | 7282 |
|
vehicle, machinery, or equipment not specifically enumerated
in | 7283 |
|
this section but the dimensions of which exceed the dimensions | 7284 |
|
provided by this section, when operating the same on the
highways | 7285 |
|
and streets of this state, shall comply with the rules
of the | 7286 |
|
director governing such movement, which the director may
adopt. | 7287 |
|
Sections 119.01 to 119.13 of the Revised
Code apply to any rules | 7288 |
|
the director adopts under this
section, or the
amendment or | 7289 |
|
rescission thereof, and any person adversely
affected shall have | 7290 |
|
the same right of appeal as provided in
those sections. | 7291 |
| Sec. 5577.99. (A) Whoever violates the weight provisions
of | 7300 |
|
sections 5577.01 to 5577.07 or the weight provisions in regard
to | 7301 |
|
highways under section 5577.04 of the Revised Code shall be
fined | 7302 |
|
eighty dollars for the first two thousand pounds, or
fraction | 7303 |
|
thereof, of overload; for overloads in excess of two
thousand | 7304 |
|
pounds, but not in excess of five thousand pounds, such
person | 7305 |
|
shall be fined one hundred dollars, and in addition
thereto one | 7306 |
|
dollar per one hundred pounds of overload; for
overloads in excess | 7307 |
|
of five thousand pounds, but not in excess of
ten thousand pounds, | 7308 |
|
such person shall be fined one hundred
thirty dollars and in | 7309 |
|
addition thereto two dollars per one
hundred pounds of overload, | 7310 |
|
or imprisoned not more than thirty
days, or both. For all | 7311 |
|
overloads in excess of ten thousand
pounds such person shall be | 7312 |
|
fined one hundred sixty dollars, and
in addition thereto three | 7313 |
|
dollars per one hundred pounds of
overload, or imprisoned not more | 7314 |
|
than thirty days, or both.
Whoever violates the weight provisions | 7315 |
|
of vehicle and load
relating to gross load limits shall be fined | 7316 |
|
not less than one
hundred dollars. No penalty prescribed in this | 7317 |
|
division shall be
imposed on any vehicle combination if the | 7318 |
|
overload on any axle
does not exceed one thousand pounds, and if | 7319 |
|
the immediately
preceding or following axle, excepting the front | 7320 |
|
axle of the
vehicle combination, is underloaded by the same or a | 7321 |
|
greater
amount. For purposes of this division, two axles on one | 7322 |
|
vehicle
less than eight feet apart, shall be considered as one | 7323 |
|
axle. | 7324 |
| (B) Whoever violates the weight provisions of section | 7325 |
|
5571.071 or 5577.08 or the weight provisions in regard to bridges | 7326 |
|
under section 5577.09, and whoever exceeds the carrying capacity | 7327 |
|
specified under section 5591.42 of the Revised Code, shall be | 7328 |
|
fined eighty dollars for the first two thousand pounds, or | 7329 |
|
fraction thereof, of overload; for overloads in excess of two | 7330 |
|
thousand pounds, but not in excess of five thousand pounds, the | 7331 |
|
person shall be fined one hundred dollars, and in addition
thereto | 7332 |
|
one dollar per one hundred pounds of overload; for
overloads in | 7333 |
|
excess of five thousand pounds, but not in excess of
ten thousand | 7334 |
|
pounds, the person shall be fined one hundred thirty
dollars, and | 7335 |
|
in addition thereto two dollars per one hundred
pounds of | 7336 |
|
overload, or imprisoned not more than thirty days, or
both. For | 7337 |
|
all overloads in excess of ten thousand pounds, the
person shall | 7338 |
|
be fined one hundred sixty dollars, and in addition
thereto three | 7339 |
|
dollars per one hundred pounds of overload, or
imprisoned not more | 7340 |
|
than thirty days, or both. | 7341 |
| (C) Whoever violates any other provision of sections
5577.01 | 7347 |
to 5577.09 of the Revised Code
shall be fined not more
than | 7348 |
twenty-five dollars foris guilty of a minor misdemeanor on a | 7349 |
first offense;
for a second
offense within one year thereafter, | 7350 |
such person shall be fined
not less than ten nor more than one | 7351 |
hundred dollars, or
imprisoned not more than ten days, or both; | 7352 |
foron a
second or subsequent
offense
within one year after the | 7353 |
first offense, such person
shall be fined not less than | 7354 |
twenty-five nor more than
two
hundred dollars, or imprisoned not | 7355 |
more than thirty days, or
bothis guilty of a misdemeanor of the | 7356 |
|
fourth degree. | 7357 |
| Section 2. That existing sections 109.801, 1548.06,
1548.09, | 7363 |
| 1548.13, 2935.27, 2937.221, 3937.41, 3937.45, 4501.01, 4501.02, | 7364 |
| 4501.021, 4503.01, 4503.03,
4503.034, 4503.04, 4503.041, 4503.042, | 7365 |
| 4503.10, 4503.12, 4503.24,
4503.44, 4505.06, 4505.08, 4505.09, | 7366 |
| 4505.10, 4505.11, 4505.13,
4505.141, 4506.01, 4506.08, 4506.11, | 7367 |
| 4506.12, 4507.13, 4507.141, 4507.19, 4507.20,
4507.50, 4507.51, | 7368 |
| 4507.53, 4507.99, 4509.05,
4509.101, 4509.79, 4510.036, 4510.22, | 7369 |
| 4510.31, 4510.43, 4511.01, 4513.61, 4513.63, 4517.10, 4517.14, | 7370 |
| 4519.03,
4519.05, 4519.55, 4519.56, 4519.58, 4519.61, 4519.631, | 7371 |
| 4519.68, 4549.08, 4738.05, 4738.18,
4905.06, 4919.79, 4923.20, | 7372 |
| 5502.11, 5503.03, 5503.34, 5577.05, and
5577.99 of the Revised | 7373 |
| Code are hereby repealed. | 7374 |
| Section 5. That the versions of sections 4501.01, 4503.10, | 7382 |
| 4503.12, 4503.44, 4505.11, 4506.01, 4506.11, 4506.12, 4507.13, | 7383 |
| 4507.19, 4507.20, 4507.50, 4507.99, 4509.101, 4509.79, 4511.01, | 7384 |
| and 4519.05 of the Revised Code that are scheduled to take effect | 7385 |
| January 1, 2004, be amended to read as follows: | 7386 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 7397 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 7398 |
|
other than muscular power or power collected from
overhead
| 7399 |
|
electric trolley wires.
"Motor
vehicle" does not include
motorized
| 7400 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 7401 |
|
cranes, and other
equipment used in construction
work and
not
| 7402 |
|
designed for or
employed in general highway
transportation,
| 7403 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 7404 |
|
trailers that are used
to transport
agricultural produce or
| 7405 |
|
agricultural production
materials
between a local place of storage
| 7406 |
|
or supply and the farm
when
drawn or towed on a public road or
| 7407 |
|
highway at a speed of
twenty-five miles per hour or less,
| 7408 |
|
threshing machinery,
hay-baling machinery, corn sheller,
| 7409 |
|
hammermill and agricultural
tractors, machinery used in the
| 7410 |
|
production of horticultural,
agricultural, and vegetable products,
| 7411 |
|
and trailers that are
designed and
used exclusively to transport a
| 7412 |
|
boat between a
place of storage
and a marina, or in and around a
| 7413 |
|
marina, when
drawn or towed on a
public road or highway for a
| 7414 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 7415 |
|
miles per hour
or less. | 7416 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 7431 |
|
agricultural tractor or traction engine that is of special
| 7432 |
|
interest,
that has a fair market value of one hundred dollars or
| 7433 |
|
more,
whether operable or not, and that is owned, operated,
| 7434 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 7435 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 7436 |
|
owner's principal means of transportation.
"Licensed
collector's
| 7437 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 7438 |
|
tractor or traction engine, that displays current,
valid license
| 7439 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 7440 |
|
similar type of motor vehicle that displays current,
valid
license
| 7441 |
|
tags issued under substantially equivalent
provisions in
the laws
| 7442 |
|
of other states. | 7443 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 7474 |
|
designed or used for carrying property or persons wholly on
its
| 7475 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 7476 |
|
any such vehicle that is formed by or operated as a
combination of
| 7477 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 7478 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 7479 |
|
agricultural produce or agricultural production
materials between
| 7480 |
|
a local place of storage or supply and the farm
when drawn or
| 7481 |
|
towed on a public road or highway at a speed
greater than
| 7482 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 7483 |
|
used exclusively to transport a boat between a
place of
storage
| 7484 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 7485 |
|
public road or highway for a distance of
more than ten
miles or at
| 7486 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 7487 |
|
not include a manufactured home or
travel trailer. | 7488 |
| (O)
"Mobile home" means a building
unit or assembly of
closed
| 7496 |
|
construction that is fabricated in an off-site
facility,
is
more
| 7497 |
|
than thirty-five body
feet in length or, when erected
on
site, is
| 7498 |
|
three hundred
twenty or more square feet, is built
on a
permanent
| 7499 |
|
chassis, is
transportable in one or more
sections, and
does not
| 7500 |
|
qualify as
a manufactured home as
defined in division
(C)(4) of
| 7501 |
|
section 3781.06
of the Revised
Code or as an
industrialized unit
| 7502 |
|
as defined in division (C)(3)
of section
3781.06 of the Revised
| 7503 |
|
Code. | 7504 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 7505 |
|
does not have motive power and is so designed or used with
another
| 7506 |
|
and
separate motor vehicle that in operation a part of
its own
| 7507 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 7508 |
|
the other vehicle
furnishing the motive power for
propelling
| 7509 |
|
itself
and the vehicle referred to in this division,
and includes,
| 7510 |
|
for
the purpose only of registration and taxation
under those
| 7511 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 7512 |
|
that is designed or used for the conversion of a
semitrailer into
| 7513 |
|
a
trailer. | 7514 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms | 7575 |
| that are regularly engaged in the
business
of
manufacturing, | 7576 |
| selling, displaying, offering for
sale, or
dealing
in motor | 7577 |
| vehicles, at an established place of
business
that is
used | 7578 |
| exclusively for the purpose of
manufacturing,
selling,
displaying, | 7579 |
| offering for sale, or
dealing in motor
vehicles. A
place of | 7580 |
| business that is used for
manufacturing,
selling,
displaying, | 7581 |
| offering for sale, or
dealing in motor
vehicles shall
be deemed to | 7582 |
| be used exclusively
for those purposes
even though
snowmobiles or | 7583 |
| all-purpose
vehicles are sold or
displayed for
sale
thereat, even | 7584 |
| though
farm machinery is sold or
displayed
for
sale
thereat, or | 7585 |
| even
though repair, accessory,
gasoline
and oil,
storage, parts, | 7586 |
|
service, or paint departments
are
maintained
thereat, or, in any | 7587 |
|
county having a population of
less than
seventy-five thousand
at | 7588 |
| the last federal
census,
even
though a department in
a place of | 7589 |
| business is used to
dismantle,
salvage, or rebuild
motor vehicles | 7590 |
| by means of used
parts, if
such
departments are
operated for the | 7591 |
| purpose of
furthering and
assisting in the
business of | 7592 |
| manufacturing,
selling, displaying,
offering for
sale, or dealing | 7593 |
| in motor
vehicles. Places of
business or
departments in a place of
| 7594 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 7595 |
|
means of using
used parts
are not
considered as being
maintained
| 7596 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 7597 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 7598 |
|
vehicles. | 7599 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 7602 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 7603 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 7604 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 7605 |
|
compensation, or profit, either persons or property owned by
| 7606 |
|
another. Any operator of a motor vehicle who is voluntarily
| 7607 |
|
involved in
a ridesharing arrangement is not considered an
| 7608 |
|
employee for hire
or operating such vehicle for gain,
| 7609 |
|
compensation, or profit. | 7610 |
| (LL)
"Chauffeured limousine" means a motor vehicle
that is
| 7680 |
|
designed to carry nine or fewer passengers
and is operated for
| 7681 |
|
hire on an hourly basis pursuant to a prearranged contract for
the
| 7682 |
|
transportation of passengers on public roads and highways
along a
| 7683 |
|
route under the control of the person hiring the vehicle
and not
| 7684 |
|
over a defined and regular route.
"Prearranged contract"
means an
| 7685 |
|
agreement, made in advance of boarding, to provide
transportation
| 7686 |
|
from a specific location in a chauffeured
limousine at a fixed
| 7687 |
|
rate per hour or trip.
"Chauffeured
limousine" does not include
| 7688 |
|
any vehicle that is used exclusively
in the
business of funeral
| 7689 |
|
directing. | 7690 |
| Sec. 4503.10. (A) The owner of every snowmobile,
off-highway | 7728 |
| motorcycle,
and
all-purpose vehicle required to be
registered | 7729 |
| under section
4519.02 of the Revised
Code shall file an | 7730 |
|
application
for registration under section 4519.03 of the
Revised | 7731 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 7732 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 7733 |
|
designed and constructed by the
manufacturer for operation on a | 7734 |
|
street or highway may not
register it under this chapter except | 7735 |
|
upon certification of
inspection pursuant to section 4513.02 of | 7736 |
|
the
Revised
Code by the sheriff, or the chief of
police of the | 7737 |
|
municipal corporation or township, with jurisdiction
over the | 7738 |
|
political
subdivision in which the owner of the motor
vehicle | 7739 |
|
resides.
Except as provided in section 4503.103
of the Revised | 7740 |
|
Code, every
owner of every other motor vehicle
not previously | 7741 |
|
described in
this section and every
person mentioned as owner in | 7742 |
|
the last
certificate of title of a motor vehicle
that
is operated | 7743 |
|
or driven
upon the public roads or highways shall
cause to be | 7744 |
|
filed each
year, by mail or otherwise, in the office
of the | 7745 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 7746 |
|
electronic
application or a preprinted registration renewal
notice | 7747 |
|
issued
under section 4503.102 of the Revised Code, the form of | 7748 |
|
which
shall be prescribed by the registrar, for registration for | 7749 |
|
the
following registration year, which shall begin on the first | 7750 |
|
day of
January of every calendar year and end on the thirty-first | 7751 |
|
day of
December in the same year. Applications for registration | 7752 |
|
and
registration renewal notices shall be filed at the times | 7753 |
|
established by the registrar pursuant to section 4503.101 of the | 7754 |
|
Revised Code. A motor vehicle owner also may elect to apply for
or | 7755 |
| renew a
motor
vehicle registration by electronic means using | 7756 |
|
electronic
signature in
accordance with rules adopted by the | 7757 |
|
registrar.
Except
as provided in division (J) of this
section, | 7758 |
|
applications
for registration shall be made on blanks
furnished by | 7759 |
|
the
registrar for that purpose, containing the
following | 7760 |
|
information: | 7761 |
| (6) Whether the fees required to be paid for the
registration | 7783 |
| or transfer of the motor vehicle, during the
preceding | 7784 |
| registration year and during the preceding period of
the
current | 7785 |
| registration year, have been paid. Each application
for | 7786 |
|
registration shall be signed by the owner, either
manually or by | 7787 |
|
electronic signature, or pursuant to
obtaining a limited power of | 7788 |
|
attorney authorized by the registrar for
registration, or other | 7789 |
|
document authorizing such signature. If the owner
elects to apply | 7790 |
|
for or renew
the motor vehicle registration with the registrar by | 7791 |
|
electronic
means, the owner's manual signature is not required. | 7792 |
| (B) Each time an applicant first registers a motor
vehicle
in | 7801 |
| the applicant's name, the
applicant shall present for
inspection a | 7802 |
| physical
certificate of title or memorandum
certificate
showing | 7803 |
| title to
the motor vehicle to be registered in
the name of the | 7804 |
|
applicant if a physical certificate of title or
memorandum | 7805 |
| certificate has been issued by a clerk of a court of
common pleas. | 7806 |
| If, under sections 4505.021, 4505.06, and 4505.08
of the Revised | 7807 |
| Code, a clerk instead has issued an electronic
certificate of | 7808 |
| title for the applicant's motor vehicle, that
certificate may be | 7809 |
| presented for inspection at the time of first
registration in a | 7810 |
| manner prescribed by rules adopted by the
registrar. When a
motor | 7811 |
| vehicle inspection and maintenance
program is in effect
under | 7812 |
| section 3704.14 of the Revised Code and
rules adopted under
it, | 7813 |
| each application for registration for a
vehicle required to
be | 7814 |
| inspected under that section and those
rules shall be
accompanied | 7815 |
| by an inspection certificate for the
motor vehicle
issued in | 7816 |
| accordance with that section. The
application shall be
refused if | 7817 |
| any of the following applies: | 7818 |
| This section does not require the payment of license or | 7835 |
|
registration taxes on a motor vehicle for any preceding year, or | 7836 |
|
for any preceding period of a year, if the motor vehicle was not | 7837 |
|
taxable for that preceding year or period under sections 4503.02, | 7838 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 7839 |
|
Revised Code. When a certificate of registration is issued upon | 7840 |
|
the first registration of a motor vehicle by or on behalf of the | 7841 |
|
owner, the official issuing the certificate shall indicate the | 7842 |
|
issuance with a stamp on the certificate of title or memorandum | 7843 |
|
certificate or, in the case of an electronic certificate of title, | 7844 |
|
an electronic stamp or other notation as specified in rules | 7845 |
|
adopted by the registrar, and with a stamp on the inspection | 7846 |
|
certificate for the motor
vehicle, if any. The official also
shall | 7847 |
| indicate, by a stamp or
by other means the registrar
prescribes, | 7848 |
| on the
registration certificate issued upon the first
registration | 7849 |
| of a
motor vehicle by or on behalf of the owner the
odometer | 7850 |
| reading
of
the motor vehicle as shown in the odometer
statement | 7851 |
| included
in
or attached to the certificate of title.
Upon each | 7852 |
| subsequent
registration of the motor vehicle by or on
behalf of | 7853 |
| the same
owner, the official also shall so indicate the
odometer | 7854 |
| reading
of
the motor vehicle as shown on the immediately
preceding | 7855 |
|
certificate of registration. | 7856 |
| (C)(1) Commencing with each registration renewal with an | 7862 |
| expiration date on or after October 1, 2003, and for each initial | 7863 |
| application for registration received on and after that date, the | 7864 |
| registrar and each deputy registrar shall collect an additional | 7865 |
| fee of eleven dollars for each application for registration and | 7866 |
| registration renewal received. The additional fee is for the | 7867 |
| purpose of defraying the department of public safety's costs | 7868 |
| associated with the administration and enforcement of the motor | 7869 |
| vehicle and traffic laws of Ohio. Each deputy registrar shall | 7870 |
| transmit the fees collected under division (C)(1) of this section | 7871 |
| in the time and manner provided in this section. The registrar | 7872 |
| shall deposit all moneys received under division (C)(1) of this | 7873 |
| section into the state highway safety fund established in section | 7874 |
| 4501.06 of the Revised Code. | 7875 |
| (2) In addition, a charge of twenty-five cents shall be
made | 7876 |
|
for each reflectorized safety license plate issued, and a single | 7877 |
|
charge
of twenty-five cents shall be made for each county | 7878 |
|
identification sticker
or each set of county
identification | 7879 |
|
stickers issued, as the case may be, to cover the cost
of | 7880 |
|
producing the license plates and
stickers, including material, | 7881 |
|
manufacturing, and administrative costs. Those
fees shall be in | 7882 |
|
addition to the
license tax. If the total cost of producing the | 7883 |
|
plates is less
than twenty-five cents per plate, or if the total | 7884 |
|
cost of
producing the stickers is less than twenty-five cents per | 7885 |
|
sticker or
per set issued, any excess moneys accruing from the | 7886 |
|
fees shall be distributed
in the same manner as provided by | 7887 |
|
section 4501.04 of the Revised
Code for the distribution of | 7888 |
|
license tax moneys. If the total
cost of producing the plates | 7889 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 7890 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 7891 |
|
per set issued, the difference shall
be paid from the
license tax | 7892 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 7893 |
| (D) Each deputy registrar shall be allowed a fee of
two | 7894 |
|
dollars and
seventy-five cents
commencing on July 1,
2001, three | 7895 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 7896 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 7897 |
|
each application for
registration and registration
renewal notice | 7898 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 7899 |
|
compensating the deputy
registrar for the deputy
registrar's | 7900 |
|
services, and such
office and rental expenses,
as may
be necessary | 7901 |
|
for the proper discharge of the deputy registrar's
duties in the | 7902 |
|
receiving of applications and renewal notices and
the issuing of | 7903 |
|
registrations. | 7904 |
| (F) Each deputy registrar, upon receipt of any application | 7908 |
|
for
registration or registration renewal notice, together with the | 7909 |
|
license fee and any
local motor
vehicle license tax levied | 7910 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 7911 |
|
fee and tax, if any, in the
manner provided in this section, | 7912 |
|
together with the original and
duplicate copy of the application, | 7913 |
|
to the registrar. The
registrar, subject to the approval of the | 7914 |
|
director of public
safety, may deposit the funds collected by | 7915 |
|
those deputies in a
local bank or depository to the credit of the | 7916 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 7917 |
|
depository
has been designated by the registrar, each deputy | 7918 |
|
registrar shall deposit
all moneys collected by the deputy | 7919 |
|
registrar into that bank
or depository not more than one business | 7920 |
|
day after their collection and shall
make
reports to the registrar | 7921 |
|
of the amounts so deposited, together
with any other information, | 7922 |
|
some of which may be prescribed by
the treasurer of state, as the | 7923 |
|
registrar may require and as
prescribed by the registrar by rule. | 7924 |
|
The registrar, within three
days after receipt of notification of | 7925 |
|
the deposit of funds by a
deputy registrar in a local bank or | 7926 |
|
depository, shall draw on that
account
in favor of the treasurer | 7927 |
|
of state. The registrar, subject to
the approval of the director | 7928 |
|
and the treasurer of state, may make
reasonable rules necessary | 7929 |
|
for the prompt transmittal of fees and
for safeguarding the | 7930 |
|
interests of the state and of counties,
townships, municipal | 7931 |
|
corporations, and transportation
improvement districts levying | 7932 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 7933 |
|
charges usually collected by banks and depositories for
such | 7934 |
|
service. If deputy registrars are located in
communities where | 7935 |
|
banking facilities are not available, they shall transmit the
fees | 7936 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 7937 |
|
approved by the director and the treasurer of state, may | 7938 |
|
prescribe. The registrar may pay the usual and customary fees
for | 7939 |
|
such service. | 7940 |
| (G) This section does not prevent any person from making
an | 7941 |
|
application for a motor vehicle license directly to the
registrar | 7942 |
|
by mail, by electronic means, or in person at any of the | 7943 |
|
registrar's offices, upon payment of a service fee of
two
dollars | 7944 |
|
and
seventy-five cents
commencing on July 1, 2001,
three dollars | 7945 |
|
and twenty-five cents commencing on January 1, 2003,
and three | 7946 |
|
dollars and fifty cents commencing on January 1, 2004,
for each | 7947 |
|
application. | 7948 |
| (I)(1) Where applicable, the requirements of division (B)
of | 7954 |
|
this section relating to the presentation of an inspection | 7955 |
|
certificate issued under section 3704.14 of the Revised Code and | 7956 |
|
rules adopted under it for a motor vehicle, the refusal of a | 7957 |
|
license for failure to present an inspection certificate, and the | 7958 |
|
stamping of the inspection certificate by the official issuing
the | 7959 |
|
certificate of registration apply to the registration of and | 7960 |
|
issuance of license plates for a motor vehicle under sections | 7961 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 7962 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 7963 |
|
4503.47, and 4503.51 of the Revised Code. | 7964 |
| (b) Upon request, the registrar shall provide the director
of | 7973 |
| environmental protection, or any person that has been awarded
a | 7974 |
|
contract under division (D) of section 3704.14 of the Revised | 7975 |
|
Code, an on-line computer data link to registration information | 7976 |
|
for all passenger cars, noncommercial motor vehicles, and | 7977 |
|
commercial cars that are subject to that section. The registrar | 7978 |
|
also shall provide to the director of environmental protection a | 7979 |
|
magnetic data tape containing registration information regarding | 7980 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 7981 |
|
for which a multi-year registration is in effect under section | 7982 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 7983 |
|
without limitation, the date of issuance of the
multi-year | 7984 |
|
registration, the registration deadline established
under rules | 7985 |
|
adopted under section 4503.101 of the Revised Code
that was | 7986 |
|
applicable in the year in which the multi-year
registration was | 7987 |
|
issued, and the registration deadline for
renewal of the | 7988 |
|
multi-year registration. | 7989 |
| (1) If a statutory merger or consolidation results in the | 8005 |
|
transfer of ownership of a motor vehicle from a constituent | 8006 |
|
corporation to the surviving corporation, or if the
incorporation | 8007 |
|
of a proprietorship or partnership results in the
transfer of | 8008 |
|
ownership of a motor vehicle from the proprietorship
or | 8009 |
|
partnership to the corporation, the registration shall be | 8010 |
|
continued upon the filing by the surviving or new corporation, | 8011 |
|
within thirty days of such transfer, of an application for an | 8012 |
amended certificate of registration, unless such registration is | 8013 |
prohibited by division (D) of section 2935.27, division (A) of | 8014 |
section
2937.221, division (B) of section 4507.168, or division | 8015 |
(B)(1) of section
4521.10 of the Revised
Code. The application | 8016 |
shall be accompanied by a service fee of
two dollars and
| 8017 |
seventy-five cents
commencing on July 1, 2001, three
dollars and | 8018 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 8019 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 8020 |
one dollar,
and the original certificate of
registration. Upon a | 8021 |
|
proper
filing, the registrar of motor
vehicles shall issue an | 8022 |
|
amended
certificate of registration in the
name of the new owner. | 8023 |
| (2) If the death of the owner of a motor vehicle results
in | 8024 |
|
the transfer of ownership of the motor vehicle to the
surviving | 8025 |
|
spouse of the owner or if a motor vehicle is owned by
two persons | 8026 |
|
under joint ownership with right of survivorship
established under | 8027 |
|
section
2131.12 of the Revised Code and one of
those
persons
dies, | 8028 |
|
the registration shall be continued upon the
filing
by the
| 8029 |
|
survivor of an application for an amended
certificate of | 8030 |
registration, unless such registration is
prohibited by division | 8031 |
(D) of section 2935.27,
division (A) of
section
2937.221, division | 8032 |
(A) of section 4503.13, division
(B) of
section
4510.22,
or | 8033 |
division (B)(1) of section
4521.10 of the
Revised
Code. The | 8034 |
application shall be accompanied by a service
fee of
two dollars | 8035 |
and
seventy-five cents
commencing on July 1,
2001,
three dollars | 8036 |
and twenty-five cents commencing on January 1,
2003,
and three | 8037 |
dollars and fifty cents commencing on January 1,
2004, a
transfer | 8038 |
fee of one dollar,
the original certificate of
registration, and, | 8039 |
in. In relation to a
motor vehicle that is owned by
two persons | 8040 |
| under
joint ownership
with right of survivorship
established under | 8041 |
|
section
2131.12 of
the Revised Code, the application shall be | 8042 |
| accompanied by
a copy
of the certificate
of title that
specifies | 8043 |
| that the vehicle
is
owned under joint
ownership with
right of | 8044 |
| survivorship. Upon a
proper filing, the
registrar shall
issue an | 8045 |
| amended certificate of
registration in
the name of the
survivor. | 8046 |
| (3)
If the death of the owner of a motor vehicle results
in | 8047 |
|
the transfer of ownership of the motor vehicle to a | 8048 |
|
transfer-on-death beneficiary or beneficiaries designated under | 8049 |
|
section 2131.13 of the Revised Code, the registration shall be | 8050 |
|
continued upon the filing by the transfer-on-death beneficiary or | 8051 |
|
beneficiaries of an application for an amended certificate of | 8052 |
registration, unless that registration is prohibited by division | 8053 |
(D) of section 2935.27, division (A) of section 2937.221, division | 8054 |
(A) of section 4503.13, division (B) of section
4510.22,
or | 8055 |
division (B)(1) of section 4521.10 of the Revised Code. The | 8056 |
application shall be accompanied by a service fee of two dollars | 8057 |
and seventy-five cents commencing on July 1, 2001, three dollars | 8058 |
and twenty-five cents commencing on January 1, 2003, and three | 8059 |
dollars and fifty cents commencing on January 1, 2004, a transfer | 8060 |
fee of one dollar, the original certificate of registration, and a | 8061 |
|
copy of the certificate of title that specifies that the owner of | 8062 |
|
the motor vehicle has designated the motor vehicle in beneficiary | 8063 |
|
form under section 2131.13 of the Revised Code. Upon a proper | 8064 |
|
filing, the registrar shall issue an amended certificate of | 8065 |
|
registration in the name of the transfer-on-death beneficiary or | 8066 |
|
beneficiaries. | 8067 |
| (4) If the original owner of a motor vehicle that has
been | 8068 |
|
transferred makes application for the registration of another | 8069 |
|
motor vehicle at any time during the remainder of the
registration | 8070 |
|
period for which the transferred motor vehicle was
registered, the | 8071 |
owner, unless such registration is prohibited by
division (D) of | 8072 |
section 2935.27, division (A) of section 2937.221, division
(A) of | 8073 |
section 4503.13, division
(E) of section 4503.234,
division (B) of | 8074 |
section
4510.22, or division (B)(1) of section 4521.10 of
the | 8075 |
Revised
Code, may file an application for transfer of the | 8076 |
registration
and, where applicable, the license plates, | 8077 |
accompanied by a
service fee of
two dollars and
seventy-five
cents | 8078 |
commencing on July 1, 2001, three dollars and
twenty-five
cents | 8079 |
commencing on January 1, 2003, and three dollars
and fifty
cents | 8080 |
commencing on January 1, 2004, a transfer fee
of
one dollar,
and | 8081 |
the original certificate of registration. The
transfer of the | 8082 |
|
registration and, where applicable, the license
plates from the | 8083 |
|
motor vehicle for which they originally were
issued to a | 8084 |
|
succeeding motor vehicle purchased by the same person
in whose | 8085 |
|
name the original registration and license plates were
issued | 8086 |
|
shall be done within a period not to exceed thirty days.
During | 8087 |
|
that thirty-day period, the license plates from the motor
vehicle | 8088 |
|
for which they originally were issued may be displayed on
the | 8089 |
|
succeeding motor
vehicle, and the succeeding motor vehicle may
be | 8090 |
|
operated on the public roads
and highways in this state. | 8091 |
| At the time of application for transfer, the registrar shall | 8092 |
|
compute and collect the amount of tax due on the succeeding motor | 8093 |
|
vehicle, based upon the amount that would be due on a new | 8094 |
|
registration as of the date on which the transfer is made less a | 8095 |
|
credit for the unused portion of the original registration | 8096 |
|
beginning on that date. If the credit exceeds the amount of tax | 8097 |
|
due on the new registration, no refund shall be made. In
computing | 8098 |
| the amount of tax due and credits to be allowed under
this | 8099 |
| division, the provisions of division (B)(1)(a) and (b) of
section | 8100 |
| 4503.11
of the Revised Code shall apply. As to passenger
cars, | 8101 |
|
noncommercial vehicles, motor homes, and motorcycles,
transfers | 8102 |
|
within or between these classes of motor vehicles only
shall be | 8103 |
|
allowed. If the succeeding motor vehicle is of a
different class | 8104 |
|
than the motor vehicle for which the registration
originally was | 8105 |
|
issued, new license plates also shall be issued
upon the
surrender | 8106 |
| of the license plates originally issued and
payment of
the fees | 8107 |
|
provided in divisions (C) and (D) of section
4503.10 of the | 8108 |
|
Revised Code. | 8109 |
| (5) The owner of a commercial car having a gross vehicle | 8110 |
|
weight or combined gross vehicle weight of more than ten thousand | 8111 |
|
pounds may transfer the registration of that commercial car to | 8112 |
|
another commercial car the owner owns without transferring | 8113 |
ownership
of
the first commercial car, unless registration of the | 8114 |
second
commercial car is prohibited by division (D) of section | 8115 |
2935.27, division (A)
of section 2937.221, division (A) of section | 8116 |
4503.13,
division (B) of section 4507.168, or division (B)(1) of | 8117 |
section 4521.10
of the Revised Code. At any time during the | 8118 |
|
remainder of the
registration period for which the first | 8119 |
|
commercial car was
registered, the owner may file an application | 8120 |
|
for the transfer of
the registration and, where applicable, the | 8121 |
license plates,
accompanied by a service fee of
two dollars and
| 8122 |
seventy-five
cents
commencing on July 1, 2001, three
dollars and | 8123 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 8124 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 8125 |
one dollar, and the certificate of
registration of
the first | 8126 |
|
commercial car. The amount of any tax
due or credit to
be allowed | 8127 |
|
for a transfer of registration under
this division
shall be | 8128 |
|
computed in accordance with division
(A)(4)
of this section. | 8129 |
| (6) Upon application to the registrar or a deputy
registrar, | 8134 |
|
a person who owns or leases a
motor vehicle may
transfer
special | 8135 |
|
license plates assigned to that vehicle to any
other
vehicle that | 8136 |
|
the person owns or leases or that is owned or
leased by the | 8137 |
person's spouse. The application shall be
accompanied by a
service | 8138 |
fee of
two dollars and
seventy-five
cents
commencing on
July 1, | 8139 |
2001, three dollars and twenty-five
cents
commencing on
January 1, | 8140 |
2003, and three dollars and fifty
cents
commencing on
January 1, | 8141 |
2004, a transfer fee of one dollar,
and
the original
certificate | 8142 |
of registration. As appropriate,
the
application also
shall be | 8143 |
| accompanied by a power of attorney
for
the registration
of a | 8144 |
| leased vehicle and a written statement
releasing the special | 8145 |
|
plates to the applicant. Upon a proper
filing, the registrar or | 8146 |
|
deputy registrar shall assign the
special
license plates to the | 8147 |
|
motor vehicle owned or leased by
the
applicant and issue a new | 8148 |
|
certificate of registration for
that
motor vehicle. | 8149 |
| (2) "Organization" means any private organization or | 8205 |
|
corporation, or any governmental board, agency, department, | 8206 |
|
division, or office, that, as part of its business or program, | 8207 |
|
transports persons with disabilities that limit or impair the | 8208 |
|
ability to walk
on a regular basis in a motor
vehicle that has not | 8209 |
|
been altered for the purpose of providing it
with special | 8210 |
|
equipment for use by handicapped persons. This definition does
not | 8211 |
| apply to division (J) of this section. | 8212 |
| (B) Any organization or person with a disability that limits | 8218 |
|
or
impairs the
ability to walk may
apply to the registrar of motor | 8219 |
|
vehicles for a removable windshield placard
or, if the person owns | 8220 |
|
or leases a motor vehicle, the person
may apply for the | 8221 |
|
registration of any motor vehicle the person
owns or leases. In | 8222 |
|
addition to one or more sets of license plates or one placard, a | 8223 |
|
person with a
disability that limits or impairs the ability to | 8224 |
|
walk
is entitled to one additional placard, but only if the person | 8225 |
|
applies
separately for the additional placard, states the reasons | 8226 |
|
why
the additional placard is needed, and the registrar, in the | 8227 |
|
registrar's discretion, determines that good and justifiable
cause | 8228 |
|
exists to approve the request for the additional
placard. When a | 8229 |
|
motor vehicle has been altered for the purpose of providing it | 8230 |
|
with special equipment for a person with a disability that limits | 8231 |
|
or impairs
the ability to walk, but is
owned or leased by someone | 8232 |
|
other than such a person, the owner or lessee may
apply to the | 8233 |
|
registrar or a deputy registrar for registration under
this | 8234 |
|
section. The application for registration of a motor vehicle
owned | 8235 |
| or leased by a person
with a disability that limits or
impairs the | 8236 |
| ability to walk shall be
accompanied by
a signed
statement from | 8237 |
| the applicant's personal physician or
chiropractor
certifying that | 8238 |
| the applicant meets at least one of the
criteria
contained in | 8239 |
| division (A)(1) of this section and that the
disability is | 8240 |
| expected to continue for more than six consecutive
months.
The | 8241 |
| application for a removable windshield placard made
by
a person | 8242 |
| with a disability that limits or impairs the ability
to
walk shall | 8243 |
| be accompanied by a prescription from the
applicant's
personal | 8244 |
| physician or chiropractor prescribing such a
placard for the | 8245 |
applicant, and by a signed statement certifyingprovided
that the | 8246 |
| applicant meets at
least one of the criteria contained in
division | 8247 |
|
(A)(1) of this section. The physician or chiropractor
shall state | 8248 |
| on
the prescription the length of time the
physician
or | 8249 |
| chiropractor expects the applicant to have the disability that | 8250 |
|
limits or impairs the applicant's ability to
walk. The
application | 8251 |
| for a removable windshield placard made by an
organization shall | 8252 |
| be accompanied by such documentary evidence of
regular transport | 8253 |
| of persons with disabilities that limit or
impair the
ability to | 8254 |
| walk by the organization as
the registrar
may require by rule and | 8255 |
| shall be completed in
accordance with
procedures that the | 8256 |
| registrar may require by
rule. The
application for registration of | 8257 |
| a motor vehicle that
has been
altered for the purpose of providing | 8258 |
| it with special
equipment for
a person with a disability that | 8259 |
| limits or impairs the ability to
walk but is owned by someone | 8260 |
| other
than such a person shall be
accompanied by such
documentary | 8261 |
| evidence of vehicle alterations as
the registrar may
require by | 8262 |
| rule. | 8263 |
| (C) When an organization, a person with a
disability that | 8264 |
|
limits or impairs the ability to walk, or a person who does
not | 8265 |
|
have a disability that limits or impairs the ability to walk but | 8266 |
|
owns a
motor vehicle
that has been altered for the purpose of | 8267 |
|
providing it with special equipment
for a person with a disability | 8268 |
|
that limits or impairs the ability to walk
first submits an | 8269 |
|
application for registration of a
motor vehicle under this section | 8270 |
|
and every fifth
year thereafter, the organization or person shall | 8271 |
|
submit
a signed statement from the applicant's personal physician | 8272 |
|
or chiropractor, a
completed application, and any required | 8273 |
|
documentary
evidence of vehicle alterations as provided in | 8274 |
|
division (B) of this section,
and also a power of attorney from | 8275 |
|
the owner of
the motor vehicle if the applicant leases the | 8276 |
|
vehicle. Upon submission of
these
items, the registrar or deputy | 8277 |
|
registrar shall issue to the applicant
appropriate vehicle | 8278 |
|
registration and a set of license plates and validation
stickers, | 8279 |
|
or validation stickers alone when required by section 4503.191 of | 8280 |
|
the Revised Code. In addition to the letters and numbers | 8281 |
|
ordinarily inscribed thereon, the license plates shall be | 8282 |
|
imprinted with the international symbol of access. The license | 8283 |
|
plates and validation stickers shall be issued upon payment of
the | 8284 |
|
regular license fee as prescribed under section 4503.04 of
the | 8285 |
|
Revised Code and any motor vehicle tax levied under Chapter
4504. | 8286 |
|
of the Revised Code, and the payment of a service
fee equal to the | 8287 |
|
amount specified in division (D) or (G) of section 4503.10 of
the | 8288 |
|
Revised Code. | 8289 |
| (D)(1) Upon receipt of a completed and signed
application
for | 8290 |
| a
removable windshield placard,
a prescription as described in | 8291 |
|
division (B) of this section, documentary
evidence of regular | 8292 |
|
transport of persons with disabilities that limit or
impair the | 8293 |
|
ability to walk, if
required, and
payment of a service fee equal | 8294 |
|
to the amount specified in division (D) or (G)
of section 4503.10 | 8295 |
|
of the Revised Code,
the registrar or deputy registrar
shall issue | 8296 |
|
to the
applicant a removable windshield placard, which shall bear | 8297 |
|
the date of
expiration on both sides of the placard and
shall
be | 8298 |
|
valid until expired, revoked, or
surrendered. Every removable | 8299 |
|
windshield placard expires as described in
division (D)(2) of this | 8300 |
|
section, but in no case shall a removable windshield placard be | 8301 |
|
valid for a
period of less than sixty days. Removable windshield | 8302 |
|
placards shall be
renewable upon application as
provided in | 8303 |
|
division (B) of this section, and a service fee equal to the | 8304 |
|
amount specified in division (D) or (G) of section 4503.10 of the | 8305 |
|
Revised Code
shall be charged for the renewal of a removable | 8306 |
|
windshield placard. The
registrar shall provide the application | 8307 |
|
form and shall determine
the information to be included thereon. | 8308 |
|
The registrar also
shall determine the form and size of the | 8309 |
|
removable windshield placard, the
material of which it is to be | 8310 |
|
made, and any other
information to be included thereon, and shall | 8311 |
|
adopt rules
relating to the issuance, expiration, revocation, | 8312 |
|
surrender, and
proper display of such placards.
Any placard
issued | 8313 |
| after
October 14, 1999, shall be manufactured in a manner
that | 8314 |
| allows the expiration
date of the placard to be indicated on
it | 8315 |
| through
the punching, drilling, boring, or creation by any
other | 8316 |
| means
of holes in the placard. | 8317 |
| (2) At the time a removable windshield placard is
issued to
a | 8318 |
| person with a disability that limits or impairs the
ability to | 8319 |
|
walk, the registrar or deputy registrar shall enter
into the | 8320 |
|
records of the bureau of motor vehicles the last date
on which the | 8321 |
|
person will have that disability, as indicated on
the accompanying | 8322 |
|
prescription. Not less than thirty days prior
to that date and
all | 8323 |
| removable windshield placard renewal dates, the bureau
shall
send | 8324 |
| a renewal notice to that
person at the person's last known
address | 8325 |
| as shown in the
records of the bureau, informing the
person that | 8326 |
| the person's
removable windshield placard will expire
on the | 8327 |
| indicated date not to exceed
five years from the date of
issuance, | 8328 |
|
and that the person is required to renew the placard by
submitting | 8329 |
| to the registrar or a deputy registrar another
prescription, as | 8330 |
| described in division
(B) of this section, and by
complying with | 8331 |
| the renewal provisions prescribed in division
(D)(1) of this | 8332 |
| section. If
such a prescription is not received by
the registrar | 8333 |
| or a deputy
registrar by that date, the placard
issued to that | 8334 |
| person
expires and no longer is valid, and this
fact shall be | 8335 |
| recorded
in the records of the bureau. | 8336 |
| (3) At least once every year, on a date determined by
the | 8337 |
|
registrar, the bureau shall examine the records of the
office of | 8338 |
|
vital statistics, located within the department of
health, that | 8339 |
|
pertain to deceased persons, and also the bureau's
records of all | 8340 |
|
persons who have been issued removable windshield
placards and | 8341 |
|
temporary removable windshield placards. If the
records of the | 8342 |
|
office of vital statistics indicate that a person
to whom a | 8343 |
|
removable windshield placard or temporary removable
windshield | 8344 |
|
placard has been issued is deceased, the bureau shall
cancel that | 8345 |
|
placard, and note the cancellation in its
records. | 8346 |
| (E) Any person with a disability that limits or impairs the | 8355 |
|
ability to walk
may apply to the
registrar or a deputy registrar | 8356 |
|
for a temporary removable windshield placard.
The application for | 8357 |
|
a
temporary removable windshield placard shall be accompanied by a | 8358 |
|
prescription from the applicant's personal physician
or | 8359 |
chiropractor prescribing such a placard for the applicant, and by | 8360 |
a signed statement certifyingprovided that the applicant meets at | 8361 |
| least
one of the
criteria contained in
division (A)(1) of this | 8362 |
| section
and that the disability is
expected to continue for six | 8363 |
|
consecutive months or less.
The physician or chiropractor shall | 8364 |
|
state on the prescription the length
of time the physician or | 8365 |
|
chiropractor expects the applicant to have the
disability that | 8366 |
|
limits or impairs the applicant's ability to
walk, which cannot | 8367 |
|
exceed six months from the date of the
prescription. Upon receipt | 8368 |
|
of an
application for a temporary removable windshield placard, | 8369 |
presentation of the prescription and the signed statement from the | 8370 |
|
applicant's
personal physician or chiropractor, and payment of a | 8371 |
|
service fee equal to the
amount specified in
division (D) or (G) | 8372 |
|
of section 4503.10 of the Revised Code, the
registrar or deputy | 8373 |
|
registrar shall issue to the applicant a temporary
removable | 8374 |
|
windshield placard. The temporary removable windshield placard | 8375 |
|
shall be of the same size and form as the removable windshield | 8376 |
|
placard, shall
be printed in white on a red-colored background, | 8377 |
|
and shall
bear the word "temporary" in letters of such size as the | 8378 |
|
registrar shall prescribe. A temporary removable windshield | 8379 |
|
placard also shall bear the date of expiration
on the front and | 8380 |
|
back of the placard, and shall be valid until expired, | 8381 |
|
surrendered, or revoked, but in no case shall such a placard be | 8382 |
|
valid for a period of less than sixty days. The registrar shall | 8383 |
|
provide
the
application form and shall determine the information | 8384 |
|
to be
included on it. The registrar also shall determine the | 8385 |
|
material
of which the temporary removable windshield placard is to | 8386 |
|
be made and any
other information to be included on the placard | 8387 |
|
and shall adopt rules
relating to the issuance, expiration, | 8388 |
|
surrender, revocation, and
proper display of those placards.
Any | 8389 |
|
temporary removable windshield placard issued after October
14, | 8390 |
|
1999, shall be manufactured in a manner that allows for the | 8391 |
|
expiration
date of the placard to be indicated on it through the | 8392 |
|
punching, drilling,
boring, or creation by any other means of | 8393 |
|
holes in the
placard. | 8394 |
| (F) If an applicant for a removable windshield placard is a | 8395 |
|
veteran of the
armed forces of the United States whose disability, | 8396 |
|
as defined in
division (A)(1) of this section, is | 8397 |
|
service-connected, the
registrar or deputy registrar, upon receipt | 8398 |
|
of the application, presentation
of a signed statement
from the | 8399 |
|
applicant's personal physician or
chiropractor certifying the | 8400 |
|
applicant's
disability, and presentation of
such documentary | 8401 |
|
evidence from the department of veterans affairs that
the | 8402 |
|
disability of the applicant meets at least one of the criteria | 8403 |
|
identified
in division (A)(1) of this section and is | 8404 |
|
service-connected as
the registrar may require by rule, but | 8405 |
|
without the payment of any
service fee, shall issue the applicant | 8406 |
|
a
removable windshield placard that is valid until
expired, | 8407 |
|
surrendered, or revoked. | 8408 |
| Upon a conviction of a violation of division (H), (I), or (J) | 8409 |
|
of
this section, the court shall report the conviction, and send | 8410 |
|
the placard or
parking card, if available, to the
registrar, who | 8411 |
|
thereupon shall revoke the privilege of
using the placard or | 8412 |
|
parking card and send notice in writing to the
placardholder or | 8413 |
|
cardholder at that holder's last
known address as shown in the | 8414 |
|
records of the bureau, and the placardholder or
cardholder shall | 8415 |
|
return the placard or
card if not previously surrendered to the | 8416 |
|
court, to the
registrar within ten days following mailing of the | 8417 |
|
notice. | 8418 |
| (N) All applications for registration
of motor vehicles, | 8502 |
|
removable windshield placards, and temporary removable
windshield | 8503 |
|
placards issued
under this section, all renewal notices for such | 8504 |
|
items, and all other
publications issued by the
bureau that relate | 8505 |
|
to this section shall set forth the criminal
penalties that may be | 8506 |
|
imposed upon a person who violates any
provision relating to | 8507 |
|
special license plates issued under this
section, the parking of | 8508 |
|
vehicles displaying such license plates,
and the issuance, | 8509 |
|
procurement, use, and display of removable
windshield placards and | 8510 |
|
temporary removable windshield placards
issued under this section. | 8511 |
| Sec. 4505.11. (A) Each owner of a motor vehicle and each
| 8514 |
|
person mentioned as owner in the last certificate of title, when
| 8515 |
|
the motor vehicle is dismantled, destroyed, or changed in such
| 8516 |
|
manner that it loses its character as a motor vehicle, or changed
| 8517 |
|
in such manner that it is not the motor vehicle described in the
| 8518 |
|
certificate of title, shall surrender the certificate of title
to
| 8519 |
|
that motor vehicle to
a clerk of
a court of common pleas, and
the | 8520 |
| clerk, with the consent of any
holders of any liens
noted
on the | 8521 |
| certificate of title,
then shall enter a cancellation upon
the | 8522 |
| clerk's records
and
shall
notify the registrar of motor
vehicles | 8523 |
| of the cancellation. | 8524 |
| (B)
If an Ohio certificate of title or salvage
certificate
of | 8529 |
| title to a motor vehicle is assigned to a salvage
dealer, the | 8530 |
|
dealer is not required to obtain an Ohio
certificate
of title or
a | 8531 |
| salvage certificate of title to the
motor vehicle
in
the
dealer's | 8532 |
| own name if the dealer
dismantles or destroys
the
motor
vehicle, | 8533 |
| indicates the number of
the dealer's motor
vehicle
salvage | 8534 |
| dealer's license
on it, marks
"FOR
DESTRUCTION" across
the face of | 8535 |
| the certificate of title or
salvage certificate of
title, and | 8536 |
| surrenders the certificate of
title or salvage
certificate of | 8537 |
| title to
a clerk of
a
court
of common pleas
as
provided in | 8538 |
| division (A) of this
section. If
the salvage
dealer
retains the | 8539 |
| motor vehicle for
resale, the dealer
shall make
application for a | 8540 |
| salvage
certificate of title to the motor
vehicle in the dealer's | 8541 |
| own
name as provided in division (C)(1) of
this section. | 8542 |
| (C)(1) When an insurance company declares it economically
| 8543 |
|
impractical to repair such a motor vehicle and has paid an agreed
| 8544 |
|
price for the purchase of the motor vehicle to any insured or
| 8545 |
|
claimant owner, the insurance company shall receive the
| 8546 |
|
certificate of title and the motor vehicle and proceed as follows.
| 8547 |
|
Within thirty days, the insurance company shall deliver the
| 8548 |
|
certificate of title to
a clerk of
a court of common pleas
and | 8549 |
|
shall make application for a salvage certificate of title.
The | 8550 |
|
clerk shall issue the salvage certificate of title on a form,
| 8551 |
|
prescribed by the registrar, that shall be
easily distinguishable
| 8552 |
|
from the original certificate of title and
shall bear the same
| 8553 |
number and information as the original
certificate of title except | 8554 |
| that it may bear a different number than that of the original | 8555 |
| certificate of title.
Except as provided in division
(C)(2) of | 8556 |
| this section, the
salvage
certificate of title shall be
assigned | 8557 |
| by the insurance
company to
a salvage dealer or any
other person | 8558 |
| for use as
evidence of
ownership upon the sale or
other | 8559 |
| disposition of the
motor vehicle,
and the salvage
certificate of | 8560 |
| title shall be
transferrable to any
other person. The clerk
shall | 8561 |
| charge a fee
of four
dollars for
the cost of processing each | 8562 |
| salvage
certificate of
title. | 8563 |
| (2) If an insurance company considers a motor vehicle as
| 8564 |
|
described in division (C)(1) of this section to be impossible to
| 8565 |
|
restore for highway operation, the insurance company may assign
| 8566 |
|
the certificate of title to the motor vehicle to a salvage dealer
| 8567 |
|
or scrap metal processing facility and send the assigned
| 8568 |
|
certificate of title to the clerk of the court of common pleas of
| 8569 |
theany county in which the salvage dealer or scrap metal | 8570 |
processing
facility is located. The insurance company shall mark | 8571 |
| the face
of
the certificate of title
"FOR DESTRUCTION" and shall | 8572 |
| deliver
a
photocopy of the certificate of title to the salvage | 8573 |
| dealer or
scrap metal processing facility for its records. | 8574 |
| (3) If an insurance company declares it economically
| 8575 |
|
impractical to repair a motor vehicle, agrees to pay to the
| 8576 |
|
insured or claimant owner an amount in settlement of a claim
| 8577 |
|
against a policy of motor vehicle insurance covering the motor
| 8578 |
|
vehicle, and agrees to permit the insured or claimant owner to
| 8579 |
|
retain possession of the motor vehicle, the insurance company
| 8580 |
|
shall not pay the insured or claimant owner any amount in
| 8581 |
|
settlement of the insurance claim until the owner obtains a
| 8582 |
|
salvage certificate of title to the vehicle and furnishes a copy
| 8583 |
|
of the salvage certificate of title to the insurance company. | 8584 |
| (1) Mark the face of the certificate of title to the motor
| 8591 |
|
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
| 8592 |
|
to
a clerk of
a court of common pleas for cancellation as
| 8593 |
|
described in division (A) of this section. The self-insured
| 8594 |
|
organization, rental or leasing company, or secured creditor
then | 8595 |
|
shall deliver the motor vehicle, together with a
photocopy of the | 8596 |
|
certificate of title, to a salvage dealer or
scrap metal | 8597 |
|
processing facility and shall cause the motor vehicle
to be | 8598 |
|
dismantled, flattened, crushed, or destroyed. | 8599 |
| (2) Obtain a salvage certificate of title to the motor
| 8600 |
|
vehicle in the name of the self-insured organization, rental or
| 8601 |
|
leasing company, or secured creditor, as provided in division
| 8602 |
|
(C)(1) of this section, and then sell or otherwise dispose of the
| 8603 |
|
motor vehicle. If the motor vehicle is sold, the self-insured
| 8604 |
|
organization, rental or leasing company, or secured creditor
shall
| 8605 |
|
obtain a salvage certificate of title to the motor vehicle
in the
| 8606 |
|
name of the purchaser from
a clerk of
a court of
common
pleas. | 8607 |
| (E) If a motor vehicle titled with a salvage certificate
of
| 8608 |
|
title is restored for operation upon the highways, application
| 8609 |
|
shall be made to
a clerk of
a court of common pleas for a
| 8610 |
|
certificate of title. Upon inspection by the state highway
patrol, | 8611 |
| which shall include establishing proof of ownership and
an
| 8612 |
|
inspection of the motor number and vehicle identification
number
| 8613 |
|
of the motor vehicle and of documentation or receipts for
the
| 8614 |
|
materials used in restoration by the owner of the motor
vehicle
| 8615 |
|
being inspected, which documentation or receipts shall be
| 8616 |
|
presented at the time of inspection, the clerk, upon surrender of
| 8617 |
|
the salvage certificate of title, shall issue a certificate of
| 8618 |
|
title for a fee prescribed by the registrar. The certificate of
| 8619 |
|
title shall be in the same form as the original certificate of
| 8620 |
title, shall bear the same number as the salvage certificate of
| 8621 |
title and the original certificate of title, and shall bear the
| 8622 |
|
words
"REBUILT SALVAGE" in black boldface letters on its face.
| 8623 |
|
Every subsequent certificate of title, memorandum certificate of
| 8624 |
|
title, or duplicate certificate of title issued for the motor
| 8625 |
|
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
| 8626 |
|
boldface letters on its
face. The exact location on the face of
| 8627 |
|
the certificate of title
of the words
"REBUILT SALVAGE" shall be
| 8628 |
|
determined by the
registrar, who shall develop an automated
| 8629 |
|
procedure within the
automated title processing system to comply
| 8630 |
|
with this division.
The clerk shall use reasonable care in
| 8631 |
|
performing the duties
imposed on the clerk by this division in
| 8632 |
|
issuing a
certificate of title
pursuant to this division, but
the
| 8633 |
|
clerk is not liable for
any of the clerk's errors or
omissions or
| 8634 |
|
those of the clerk's deputies, or the automated
title processing
| 8635 |
|
system in the performance of those duties. A
fee of
fifty dollars
| 8636 |
| shall be assessed by the state
highway
patrol for each
inspection | 8637 |
| made pursuant to this
division and
shall be deposited
into the | 8638 |
| state highway safety
fund established
by section 4501.06
of the | 8639 |
| Revised Code. | 8640 |
| (H)(1) Except as otherwise provided in this
division, an
| 8649 |
|
owner of a manufactured or mobile home that will be
taxed as real
| 8650 |
|
property pursuant to division
(B) of section 4503.06 of the
| 8651 |
|
Revised
Code shall surrender the
certificate of title to the
| 8652 |
|
auditor of the county containing the taxing
district in which the
| 8653 |
|
home is located. An owner
whose home qualifies for real property
| 8654 |
|
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06
of
| 8655 |
|
the Revised
Code shall surrender the
certificate within
fifteen
| 8656 |
|
days after the home meets the
conditions specified in
those
| 8657 |
|
divisions. The
auditor shall deliver the
certificate of
title to
| 8658 |
|
the
clerk of the court of common pleas who issued it. | 8659 |
| (G) "Conviction" means an unvacated adjudication of guilt
or | 8758 |
|
a determination that a person has violated or failed to comply | 8759 |
|
with the law in a court of original jurisdiction or
an authorized | 8760 |
|
administrative tribunal, an unvacated forfeiture
of bail or | 8761 |
|
collateral deposited to secure the person's appearance in court, | 8762 |
|
the payment of a fine or court cost, or violation of a condition | 8763 |
|
of release without bail, regardless of whether or not the penalty | 8764 |
|
is rebated, suspended, or probated. | 8765 |
| Sec. 4506.11. (A) Every commercial driver's license shall
be | 8863 |
| marked "commercial driver's license" or "CDL" and shall be of
such | 8864 |
| material and so designed as to prevent its reproduction or | 8865 |
|
alteration without ready detection, and, to this end, shall be | 8866 |
|
laminated with a transparent plastic material. The commercial | 8867 |
|
driver's
license for licensees under twenty-one years of age shall | 8868 |
|
have characteristics
prescribed by the registrar of motor vehicles | 8869 |
|
distinguishing it from that
issued to a licensee who is twenty-one | 8870 |
|
years of age or older. Every
commercial
driver's license shall | 8871 |
|
display all of the following
information: | 8872 |
| Every driver's license shall display on it the distinguishing | 8998 |
|
number assigned to the licensee and shall display the licensee's | 8999 |
|
name
and date of birth;
the licensee's residence address and | 9000 |
|
county of
residence; a color photograph of the licensee; a brief | 9001 |
|
description
of the
licensee for the purpose
of identification; a | 9002 |
|
facsimile of
the signature of the licensee
as it appears on the | 9003 |
application for
the license; a space marked
"blood type" in which | 9004 |
a licensee may
specify the licensee's
blood type; a notation, in a | 9005 |
|
manner
prescribed by the registrar, indicating
any condition | 9006 |
|
described in
division (D)(3) of section 4507.08 of the
Revised | 9007 |
|
Code
to which
the licensee is subject; if the licensee has | 9008 |
|
executed a durable
power
of attorney for health care or a | 9009 |
|
declaration governing the
use or
continuation, or the withholding | 9010 |
|
or withdrawal, of
life-sustaining treatment and has specified that | 9011 |
|
the licensee
wishes the license to indicate that the
licensee has | 9012 |
|
executed
either type of
instrument, any symbol chosen by the | 9013 |
|
registrar to
indicate that
the licensee has executed either type | 9014 |
|
of instrument;
and any
additional information that the registrar | 9015 |
|
requires by
rule.
No license
shall display the
licensee's social | 9016 |
|
security
number unless the licensee specifically requests
that the | 9017 |
|
licensee's social security number
be displayed on the license.
If | 9018 |
| federal law requires the licensee's social security number to
be | 9019 |
| displayed
on the license, the social security number shall be | 9020 |
|
displayed on the license
notwithstanding
this section. | 9021 |
| Sec. 4507.20. The registrar of motor vehicles,
when the | 9060 |
|
registrar has good cause to
believe that the
holder of a
driver's | 9061 |
|
or commercial driver's license is incompetent
or otherwise not | 9062 |
qualified to be licensed, shall uponsend a written
notice of at | 9063 |
least
thirty days sent
to the licensee's last
known address, | 9064 |
requirerequiring
the licensee
to submit to a driver's
license | 9065 |
| examination, a
physical examination, or both, or a
commercial | 9066 |
|
driver's license
examination within the time indicated on the | 9067 |
| notice.
The physical examination may be conducted by any | 9068 |
|
individual authorized by the Revised Code to do so, including a | 9069 |
|
physician assistant, a clinical nurse specialist, a certified | 9070 |
|
nurse practitioner, or a certified nurse-midwife.
Any written | 9071 |
|
documentation of the physical examination shall be completed by | 9072 |
|
the individual who conducted the examination. | 9073 |
| Sec. 4507.50. (A) The registrar of motor vehicles or a | 9087 |
|
deputy
registrar, upon receipt of an application filed in | 9088 |
|
compliance with section 4507.51 of the Revised Code by any person | 9089 |
|
who is a resident or a temporary resident of this state and, | 9090 |
|
except as
otherwise provided in this section, is not licensed as | 9091 |
|
an operator of a motor
vehicle in this state or another licensing | 9092 |
|
jurisdiction, and, except
as provided in division (B) of this | 9093 |
|
section, upon
receipt of a fee of three dollars and fifty cents, | 9094 |
|
shall issue an
identification card to that person. | 9095 |
| Any person who is a resident or temporary resident of this | 9096 |
|
state whose
Ohio driver's or commercial driver's license has been | 9097 |
|
suspended or
canceled, upon application in compliance with
section | 9098 |
|
4507.51
of the Revised Code and, except as provided in
division | 9099 |
|
(B)
of this section, payment of a fee of three dollars
and
fifty | 9100 |
|
cents, may be issued a temporary identification card.
The | 9101 |
|
temporary identification card shall be identical to an | 9102 |
|
identification card, except that it shall be printed on its face | 9103 |
|
with a statement that the card is valid during the effective
dates | 9104 |
|
of the suspension or
cancellation of the cardholder's
license, or | 9105 |
|
until the birthday of the cardholder in the fourth
year after the | 9106 |
|
date on which it is issued, whichever is shorter.
The cardholder | 9107 |
|
shall surrender the identification card to
the
registrar or any | 9108 |
|
deputy registrar before the
cardholder's driver's
or
commercial | 9109 |
|
driver's license is restored or reissued. | 9110 |
| Neither the registrar nor any deputy registrar shall charge
a | 9119 |
|
fee in excess of one dollar and fifty cents for laminating an | 9120 |
|
identification card or temporary identification card. A deputy | 9121 |
|
registrar
laminating such a card shall retain the entire amount
of | 9122 |
|
the fee
charged for lamination, less the actual cost to the | 9123 |
|
registrar of
the laminating materials used for that lamination,
as | 9124 |
|
specified in
the contract executed by the bureau for the | 9125 |
|
laminating materials
and laminating equipment. The deputy | 9126 |
|
registrar shall forward the
amount of the cost of the laminating | 9127 |
|
materials to the registrar
for deposit as provided in this | 9128 |
|
section. | 9129 |
If the identification card or temporary identification
card | 9142 |
of a disabled veteran described in this division is
laminated by a | 9143 |
deputy registrar who is acting as a deputy
registrar pursuant to a | 9144 |
contract with the registrar that is in
effect on
the effective | 9145 |
date of this amendment, the disabled
veteran shall pay the deputy | 9146 |
registrar the
lamination fee prescribed in division
(A) of this | 9147 |
section. If the
identification card or temporary identification | 9148 |
card is
laminated by a deputy registrar who is acting as a deputy | 9149 |
registrar pursuant to a contract with the registrar that is | 9150 |
executed after
July 29, 1998,
the
disabled veteran is not
required | 9151 |
to pay the deputy registrar
the
lamination fee prescribed
in | 9152 |
division
(A) of this section. | 9153 |
(B) Whenever a person is found guilty of a violation of
a | 9165 |
traffic offense specified in Traffic Rule 13(B) that requires
the | 9166 |
person's appearance in court, the court shall require the
person | 9167 |
to verify the
existence at the time of the
offense of proof
of | 9168 |
financial responsibility covering the
person's operation of the | 9169 |
motor vehicle, or the motor vehicle if
registered in the person's | 9170 |
name, and notify the registrar pursuant to division
(D) of section | 9171 |
4509.101 of the Revised Code
if the person fails to verify the | 9172 |
existence of such proof of
financial responsibility. | 9173 |
| (a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a | 9182 |
| class
E
suspension of the person's driver's license, commercial | 9183 |
|
driver's
license, temporary instruction permit, probationary | 9184 |
|
license, or
nonresident
operating privilege for the period of time | 9185 |
|
specified
in division
(B)(5) of
section 4510.02 of the Revised | 9186 |
|
Code and
impoundment of the person's license.
The
court
may
grant | 9187 |
|
limited driving privileges to the person only if the
person | 9188 |
|
presents proof of financial responsibility and has complied
with | 9189 |
|
division
(A)(5) of this section. | 9190 |
| (b) If, within
five years of the violation, the person's | 9191 |
|
operating privileges
are again suspended and the person's license | 9192 |
|
again is impounded
for a violation of division
(A)(1) of this | 9193 |
|
section,
a class
C suspension of the person's
driver's license, | 9194 |
|
commercial driver's
license, temporary
instruction permit, | 9195 |
|
probationary license, or nonresident
operating
privilege for the | 9196 |
|
period of time specified in division
(B)(3) of
section 4510.02 of | 9197 |
|
the Revised Code. The court may grant limited
driving privileges | 9198 |
|
to the
person only if the person presents proof
of financial | 9199 |
|
responsibility and has
complied with division (A)(5)
of this | 9200 |
|
section, and no court may grant
limited driving privileges
for the | 9201 |
|
first fifteen days of the
suspension. | 9202 |
| (c)
If, within five years of the violation, the
person's | 9203 |
|
operating privileges are suspended and the person's license is | 9204 |
|
impounded two or more times for a violation of division (A)(1) of | 9205 |
|
this section, a class B suspension of the person's driver's | 9206 |
|
license, commercial driver's license, temporary instruction | 9207 |
|
permit,
probationary license, or nonresident operating privilege | 9208 |
|
for the period of
time
specified in division (B)(2) of section | 9209 |
|
4510.02 of the Revised Code. No court may
grant limited driving | 9210 |
|
privileges during the suspension. | 9211 |
| (5) Except as provided in division (A)(6)
or (L) of this | 9251 |
|
section,
the registrar shall not restore any operating
privileges | 9252 |
|
or
registration rights suspended under this section,
return any | 9253 |
|
license, certificate of registration, or license
plates impounded | 9254 |
|
under this section, or reissue license plates
under section | 9255 |
|
4503.232 of the Revised Code, if the registrar
destroyed the | 9256 |
|
impounded license plates under that section,
or reissue a license | 9257 |
|
under section
4510.52 of the
Revised Code,
if the
registrar | 9258 |
|
destroyed the suspended license under that
section,
unless the | 9259 |
|
rights are not subject to suspension or
revocation
under any other | 9260 |
|
law and unless the person, in addition
to
complying with all other | 9261 |
|
conditions required by law for
reinstatement of the operating | 9262 |
|
privileges or registration rights,
complies with all of the | 9263 |
|
following: | 9264 |
| (c) Record the name and address of the person whose | 9307 |
|
certificate of registration and license plates have been
impounded | 9308 |
|
or are under an order of impoundment, or whose license
has been | 9309 |
|
suspended or is under an order of suspension; the serial
number of | 9310 |
|
the person's license; the serial numbers of
the person's | 9311 |
|
certificate of
registration and license plates; and the person's | 9312 |
|
social
security account number, if assigned, or, where the motor | 9313 |
|
vehicle
is used for hire or principally in connection with any | 9314 |
|
established business, the person's federal taxpayer
identification | 9315 |
|
number. The information shall be recorded in such
a manner that
it | 9316 |
| becomes a part of the person's permanent record,
and assists
the | 9317 |
| registrar in monitoring compliance with the
orders of
suspension | 9318 |
| or impoundment. | 9319 |
| (2) The registrar shall issue any order under division
(B)(1) | 9328 |
| of this section without a hearing. Any person
adversely
affected | 9329 |
| by the order, within ten days after the issuance of
the
order, may | 9330 |
| request an administrative hearing before the
registrar,
who shall | 9331 |
| provide the person with an opportunity for a
hearing in
accordance | 9332 |
| with this paragraph. A request for a
hearing does not
operate as a | 9333 |
| suspension of the order. The scope
of the hearing
shall be limited | 9334 |
| to whether the person in fact
demonstrated to the
registrar proof | 9335 |
| of financial responsibility
in accordance with
this section. The | 9336 |
| registrar shall determine
the date, time, and
place of any | 9337 |
| hearing, provided that the
hearing shall be held, and
an order | 9338 |
| issued or findings made,
within thirty days after the
registrar | 9339 |
| receives a request for a
hearing. If requested by the
person in | 9340 |
| writing, the registrar
may designate as the place of
hearing the | 9341 |
| county seat of the
county in which the person resides
or a place | 9342 |
| within fifty miles
of the person's residence. The
person shall pay | 9343 |
| the cost of the
hearing before the registrar, if
the registrar's | 9344 |
| order of
suspension or impoundment is upheld. | 9345 |
| (C) Any order of suspension or impoundment issued under
this | 9346 |
|
section or division (B) of section 4509.37 of the Revised
Code may | 9347 |
|
be terminated at any time if the registrar determines
upon a | 9348 |
|
showing of proof of financial responsibility that the
operator or | 9349 |
|
owner of the motor vehicle was in compliance with
division (A)(1) | 9350 |
|
of this section at the time of the traffic
offense, motor vehicle | 9351 |
|
inspection, or accident that
resulted in
the order against the | 9352 |
|
person. A determination may be made
without a hearing. This | 9353 |
|
division does not apply unless the
person shows good cause for the | 9354 |
|
person's failure to present
satisfactory proof of financial | 9355 |
|
responsibility to the
registrar prior to the issuance of the | 9356 |
|
order. | 9357 |
| (a) Except as provided in division
(D)(1)(b) of this
section, | 9360 |
| any peace
officer who, in the performance of the peace
officer's | 9361 |
| duties as
authorized by
law, becomes aware of a person
whose | 9362 |
| license is under an order of
suspension, or whose
certificate of | 9363 |
| registration and license
plates are under an order
of impoundment, | 9364 |
| pursuant to this
section, may confiscate the
license, certificate | 9365 |
| of
registration, and license plates, and
return them to the | 9366 |
|
registrar. | 9367 |
| (b) Any peace officer who, in the performance of the peace | 9368 |
|
officer's duties as authorized by law, becomes aware of a person | 9369 |
|
whose license
is under an order of
suspension, or whose | 9370 |
|
certificate of registration and license
plates are under an order | 9371 |
|
of impoundment resulting from failure to
respond to a financial | 9372 |
|
responsibility random verification, shall
not, for that reason, | 9373 |
|
arrest the owner or operator or seize the vehicle or
license | 9374 |
|
plates. Instead, the peace officer shall issue a citation for a | 9375 |
|
violation of
section
4510.16
of the
Revised Code specifying the | 9376 |
|
circumstances as failure to respond to
a financial responsibility | 9377 |
|
random
verification. | 9378 |
| (3) A peace officer shall indicate on every traffic ticket | 9385 |
|
whether the person receiving the traffic ticket produced proof of | 9386 |
|
the maintenance of financial responsibility in response to the | 9387 |
|
officer's request under division (D)(2) of this section.
The
peace | 9388 |
| officer shall inform every person who receives a traffic
ticket | 9389 |
| and who has failed to produce proof of
the
maintenance of | 9390 |
|
financial responsibility that the person
must submit proof to the | 9391 |
|
traffic violations bureau with any payment of a
fine and costs for | 9392 |
|
the ticketed violation or, if the person is to
appear in court for | 9393 |
|
the
violation, the person must submit proof
to the court. | 9394 |
| (5)(a) Upon receiving notice from a clerk of courts or | 9411 |
|
traffic
violations bureau pursuant to division (D)(4) of this | 9412 |
|
section,
the registrar shall
order the suspension of the license | 9413 |
|
of the person required under division
(A)(2)(a), (b),
or
(c) of | 9414 |
|
this section and the
impoundment of the
person's certificate of | 9415 |
|
registration and license plates required under
division
(A)(2)(d) | 9416 |
|
of this section, effective thirty
days after the date
of the | 9417 |
|
mailing of notification. The registrar also
shall notify
the | 9418 |
|
person
that the person must present the registrar with proof
of | 9419 |
|
financial
responsibility in accordance with this section, | 9420 |
|
surrender to the
registrar the person's certificate of | 9421 |
|
registration,
license plates,
and license, or submit a statement | 9422 |
|
subject to section 2921.13 of
the Revised Code that the person did | 9423 |
|
not operate or permit
the operation
of the motor vehicle at the | 9424 |
|
time of the offense.
Notification
shall be in writing and shall
be | 9425 |
| sent to the person at the person's
last known address as shown
on | 9426 |
| the records of the bureau of motor
vehicles. The person,
within | 9427 |
| fifteen days after the date
of the mailing of notification,
shall | 9428 |
| present proof of financial
responsibility, surrender the | 9429 |
|
certificate of registration,
license plates, and license to the | 9430 |
|
registrar in a
manner set
forth in division (A)(4) of this | 9431 |
|
section, or submit the statement
required under this section | 9432 |
|
together with other information the
person considers appropriate. | 9433 |
| (c) Any person adversely affected by the order of the | 9447 |
|
registrar under division (D)(5)(a) or (b) of this section,
within | 9448 |
|
ten days after the issuance of the order, may request an | 9449 |
|
administrative hearing before the registrar, who shall provide
the | 9450 |
|
person with an opportunity for a hearing in accordance with
this | 9451 |
|
paragraph. A request for a hearing does not operate as a | 9452 |
|
suspension of the order. The scope of the hearing shall be
limited | 9453 |
to whether, at the time of the hearing, the person in fact | 9454 |
demonstrated to the
registrarpresents proof of financial | 9455 |
| responsibility covering the vehicle and whether the person is | 9456 |
| eligible for an exemption in accordance with
this section or any | 9457 |
| rule adopted under it. The registrar shall determine the date, | 9458 |
| time, and
place of any hearing; provided, that the hearing shall | 9459 |
| be held,
and an order issued or findings made, within thirty days | 9460 |
| after
the
registrar receives a request for a hearing. If requested | 9461 |
| by
the
person in writing, the registrar may designate as the place | 9462 |
|
of
hearing the county seat of the county in which the person | 9463 |
|
resides
or a place within fifty miles of the person's residence. | 9464 |
|
Such
person shall pay the cost of the hearing before the | 9465 |
|
registrar, if
the registrar's order of suspension or impoundment | 9466 |
|
under division
(D)(5)(a) or (b) of this section is upheld. | 9467 |
| (6) A peace officer may charge an owner or operator of a | 9468 |
|
motor vehicle with a violation of
section
4510.16 of the Revised | 9469 |
|
Code when the owner or operator
fails to
show proof of the | 9470 |
|
maintenance of financial responsibility
pursuant to a peace | 9471 |
|
officer's request under division (D)(2)
of
this section, if a | 9472 |
|
check of the owner or operator's driving
record
indicates that the | 9473 |
|
owner or operator, at the time of the
operation
of the motor | 9474 |
|
vehicle, is required to file and maintain
proof of
financial | 9475 |
|
responsibility under section 4509.45 of the
Revised Code
for a | 9476 |
|
previous violation of this chapter. | 9477 |
| (E) All fees, except court costs, collected under this | 9489 |
|
section shall be paid into the state treasury to the credit of
the | 9490 |
|
financial responsibility compliance fund. The financial | 9491 |
|
responsibility compliance fund shall be used exclusively to cover | 9492 |
|
costs incurred by the bureau in the administration of this
section | 9493 |
|
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 9494 |
|
and by any law enforcement agency employing any
peace officer who | 9495 |
|
returns any license, certificate of
registration, and license | 9496 |
|
plates to the registrar pursuant
to division (C) of this section, | 9497 |
|
except that the director
of
budget and management may transfer | 9498 |
|
excess money from the
financial responsibility compliance fund to | 9499 |
|
the state
bureau of motor vehicles fund if the registrar | 9500 |
|
determines that the amount of
money
in the financial | 9501 |
|
responsibility compliance fund exceeds the
amount required to | 9502 |
|
cover such costs incurred by the bureau or a
law enforcement | 9503 |
|
agency and requests the director to make the
transfer. | 9504 |
| (c) Whenever it is determined by a final judgment in a | 9567 |
|
judicial proceeding that an insurer or surety, which has been | 9568 |
|
named on a document accepted by a court or the registrar as proof | 9569 |
|
of financial responsibility covering the operation of a motor | 9570 |
|
vehicle at the time of an accident or offense, is not liable to | 9571 |
|
pay a judgment for injuries or damages resulting from such | 9572 |
|
operation, the registrar, notwithstanding any previous
contrary | 9573 |
|
finding, shall forthwith suspend the operating privileges and | 9574 |
|
registration rights of the person against whom the judgment was | 9575 |
|
rendered as provided in division (A)(2) of this section. | 9576 |
| (I) For purposes of this section, "owner" does not include
a | 9585 |
|
licensed motor vehicle leasing dealer as defined in section | 9586 |
|
4517.01 of the Revised Code, but does include a motor vehicle | 9587 |
|
renting dealer as defined in section 4549.65 of the Revised
Code.
| 9588 |
|
Nothing in this section or in section 4509.51 of the Revised Code | 9589 |
|
shall be
construed to prohibit a motor vehicle renting dealer
from | 9590 |
|
entering into a contractual agreement with a person whereby
the | 9591 |
|
person renting the motor vehicle agrees to be solely responsible | 9592 |
|
for
maintaining proof of
financial responsibility, in accordance | 9593 |
|
with this section, with
respect to the operation, maintenance, or | 9594 |
|
use of the motor vehicle during the
period
of the motor vehicle's | 9595 |
|
rental. | 9596 |
| (A) "Vehicle" means every device, including a motorized | 9660 |
|
bicycle, in, upon, or by which any person or property may be | 9661 |
|
transported or drawn upon a highway, except
that "vehicle" does | 9662 |
|
not include any motorized
wheelchair,
any electric personal | 9663 |
assistive mobility
devicesdevice, any
device that is moved
by | 9664 |
|
power collected from overhead
electric
trolley wires or
that is | 9665 |
|
used exclusively upon stationary rails
or tracks,
or any device, | 9666 |
|
other than
a
bicycle, that is moved by human power. | 9667 |
| (B) "Motor vehicle" means every vehicle propelled or drawn
by | 9668 |
| power other than muscular power or power collected from
overhead | 9669 |
| electric trolley wires, except motorized bicycles, road
rollers, | 9670 |
| traction engines, power shovels, power cranes, and other
equipment | 9671 |
| used in construction work and not designed for or
employed in | 9672 |
| general highway transportation, hole-digging
machinery, | 9673 |
| well-drilling machinery, ditch-digging machinery, farm
machinery, | 9674 |
| trailers used to transport agricultural produce or
agricultural | 9675 |
| production materials between a local place of
storage
or supply | 9676 |
| and the farm when drawn or towed on a street or
highway
at a speed | 9677 |
| of twenty-five miles per hour or less,
threshing
machinery, | 9678 |
| hay-baling machinery, agricultural tractors
and
machinery used in | 9679 |
| the production of horticultural,
floricultural,
agricultural, and | 9680 |
| vegetable products, and trailers
designed and
used exclusively to | 9681 |
| transport a boat between a place
of storage
and a marina, or in | 9682 |
| and around a marina, when drawn or
towed on a
street or highway | 9683 |
| for a distance of no more than ten
miles and at
a speed of | 9684 |
| twenty-five miles per hour or less. | 9685 |
| (3) Any motor vehicle when properly identified as required
by | 9705 |
| the director of public safety, when used in response to fire | 9706 |
|
emergency calls or to provide emergency medical service to ill or | 9707 |
|
injured persons, and when operated by a duly qualified person who | 9708 |
|
is a member of a volunteer rescue service or a volunteer fire | 9709 |
|
department, and who is on duty pursuant to the rules or
directives | 9710 |
|
of that service. The state fire marshal shall be
designated by
the | 9711 |
| director of public safety as the certifying
agency for all
public | 9712 |
| safety vehicles described in division
(E)(3) of this
section. | 9713 |
| (F) "School bus" means every bus designed for carrying
more | 9727 |
|
than nine passengers that is owned by a public,
private, or | 9728 |
|
governmental agency or institution of learning and operated for | 9729 |
|
the transportation of children to or from a school session or a | 9730 |
|
school function, or owned by a private person and operated for | 9731 |
|
compensation for the transportation of children to or from a | 9732 |
|
school session or a school function, provided "school bus" does | 9733 |
|
not include a bus operated by a municipally owned transportation | 9734 |
|
system, a mass transit company operating exclusively within the | 9735 |
|
territorial limits of a municipal corporation, or within such | 9736 |
|
limits and the territorial limits of municipal corporations | 9737 |
|
immediately contiguous to such municipal corporation, nor a
common | 9738 |
|
passenger carrier certified by the public utilities
commission | 9739 |
|
unless such bus is devoted exclusively to the
transportation of | 9740 |
|
children to and from a school session or a
school function, and | 9741 |
|
"school bus" does not include a van or bus
used by a licensed | 9742 |
|
child day-care center or type A family
day-care home to transport | 9743 |
|
children from the child day-care
center or type A family day-care | 9744 |
|
home to a school if the van or
bus does not have more than fifteen | 9745 |
|
children in the van or bus at
any time. | 9746 |
| (M) "Trailer" means every vehicle designed or used for | 9777 |
|
carrying persons or property wholly on its own structure and for | 9778 |
|
being drawn by a motor vehicle, including any such vehicle when | 9779 |
|
formed by or operated as a combination of a "semitrailer" and a | 9780 |
|
vehicle of the dolly type, such as that commonly known as a | 9781 |
|
"trailer dolly," a vehicle used to transport agricultural produce | 9782 |
|
or agricultural production materials between a local place of | 9783 |
|
storage or supply and the farm when drawn or towed on a street or | 9784 |
|
highway at a speed greater than twenty-five miles per hour, and a | 9785 |
|
vehicle designed and used exclusively to transport a boat between | 9786 |
|
a place of storage and a marina, or in and around a marina, when | 9787 |
|
drawn or towed on a street or highway for a distance of more than | 9788 |
|
ten miles or at a speed of more than twenty-five miles per hour. | 9789 |
| (T) "Explosives" means any chemical compound or mechanical | 9811 |
|
mixture that is intended for the purpose of producing an
explosion | 9812 |
|
that contains any oxidizing and combustible units or
other | 9813 |
|
ingredients in such proportions, quantities, or packing
that an | 9814 |
|
ignition by fire, by friction, by concussion, by
percussion, or by | 9815 |
|
a detonator of any part of the compound or
mixture may cause such | 9816 |
|
a sudden generation of highly heated gases
that the resultant | 9817 |
|
gaseous pressures are capable of producing
destructive effects on | 9818 |
|
contiguous objects, or of destroying life
or limb. Manufactured | 9819 |
|
articles shall not be held to be
explosives when the individual | 9820 |
|
units contain explosives in such
limited quantities, of such | 9821 |
|
nature, or in such packing, that it
is impossible to procure a | 9822 |
|
simultaneous or a destructive
explosion of such units, to the | 9823 |
|
injury of life, limb, or property
by fire, by friction, by | 9824 |
|
concussion, by percussion, or by a
detonator, such as fixed | 9825 |
|
ammunition for small arms, firecrackers,
or safety fuse matches. | 9826 |
| (NN) "Business district" means the territory fronting upon
a | 9910 |
|
street or highway, including the street or highway, between | 9911 |
|
successive intersections within municipal corporations where
fifty | 9912 |
|
per cent or more of the frontage between such successive | 9913 |
|
intersections is occupied by buildings in use for business, or | 9914 |
|
within or outside municipal corporations where fifty per cent or | 9915 |
|
more of the frontage for a distance of three hundred feet or more | 9916 |
|
is occupied by buildings in use for business, and the character
of | 9917 |
|
such territory is indicated by official traffic control
devices. | 9918 |
| (1) A violation of section 4511.03, 4511.051, 4511.12, | 10010 |
|
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 10011 |
|
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29, | 10012 |
|
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36, | 10013 |
|
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43, | 10014 |
|
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452, | 10015 |
|
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511, | 10016 |
|
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59, | 10017 |
|
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70, | 10018 |
|
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73, | 10019 |
|
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code; | 10020 |
| In the case of an off-highway motorcycle or all-purpose | 10037 |
|
vehicle for which a certificate of title has been issued, the | 10038 |
|
owner also shall surrender the certificate of title to the clerk | 10039 |
|
of the court
of
common pleas who issued it and the clerk, with the | 10040 |
|
consent of
any lienholders noted thereon, shall enter a | 10041 |
|
cancellation upon
the clerk's records and shall notify the | 10042 |
|
registrar of the
cancellation. Upon the cancellation of a | 10043 |
|
certificate of title
in the manner prescribed by this division, | 10044 |
|
the clerk and the
registrar may cancel and destroy all | 10045 |
|
certificates of title and
memorandum certificates of title in that | 10046 |
|
chain of title. | 10047 |
| (B) Subject to division (B) of section 4519.03
of the
Revised | 10048 |
| Code, whenever
the ownership of a registered snowmobile, | 10049 |
|
off-highway
motorcycle, or
all-purpose vehicle is transferred by | 10050 |
|
sale or otherwise, the new
owner, within fifteen days following | 10051 |
|
the transfer, shall
make
application to the registrar or a deputy | 10052 |
|
registrar for the
transfer of the certificate of registration. | 10053 |
|
Upon receipt of the
application and a fee of one dollar, the | 10054 |
|
registrar shall transfer
the certificate to the new owner and | 10055 |
|
shall enter the new owner's
name and address in the registrar's | 10056 |
|
records. | 10057 |
| (C) Whenever the owner of a registered snowmobile, | 10058 |
|
off-highway
motorcycle, or all-purpose vehicle changes
address, | 10059 |
|
the owner shall
surrender the certificate of registration to the | 10060 |
|
registrar or a deputy
registrar within fifteen days following the | 10061 |
|
address change. Upon
receipt of the certificate, the registrar | 10062 |
|
shall enter the new
address thereon and shall make the appropriate | 10063 |
|
change in the
registrar's records. In a case where the owner's | 10064 |
|
change
of address
involves a move outside of the state, the | 10065 |
|
registrar shall cancel the certificate of registration for
that | 10066 |
|
snowmobile, off-highway motorcycle, or all-purpose
vehicle. | 10067 |
| Section 6. That the existing versions of sections 4501.01, | 10084 |
| 4503.10, 4503.12, 4503.44, 4505.11, 4506.01, 4506.11, 4506.12, | 10085 |
| 4507.13, 4507.19, 4507.20, 4507.50, 4507.99, 4509.101, 4509.79, | 10086 |
| 4511.01, and 4519.05 of the Revised Code that are scheduled to | 10087 |
| take effect January 1, 2004, are hereby repealed. | 10088 |
| Section 9. Notwithstanding the amendments to sections 4517.10 | 10093 |
| and 4738.05
of the Revised Code contained in Section 1 of this | 10094 |
| act, when the
Registrar of Motor Vehicles first renews the | 10095 |
| licenses for motor
vehicle dealers, motor vehicle leasing dealers, | 10096 |
| manufactured home
brokers, distributors, motor vehicle auction | 10097 |
| owners, motor
vehicle salespersons, motor vehicle salvage dealers, | 10098 |
| salvage motor vehicle auctions, and salvage motor vehicle pools, | 10099 |
| following the effective date of this act, the
Registrar may renew | 10100 |
| some of those licenses for one year and others
for two years. In | 10101 |
| the case of those licenses that the Registrar
specifies be renewed | 10102 |
| for one year, the fee that was applicable to
that particular | 10103 |
| license prior to the effective date of this act
shall apply. In | 10104 |
| the case of those licenses that the Registrar
specifies be renewed | 10105 |
| for two years, the fee that is specified in
section 4517.10 of the | 10106 |
| Revised Code as amended by this act shall
apply. Thereafter, all | 10107 |
| such licenses shall be issued and renewed
in accordance with | 10108 |
| applicable law. | 10109 |
| Section 10. Section 4501.01 of the Revised Code is presented | 10110 |
| in Section 5
this act as a composite of the section as amended by | 10111 |
| both Am. Sub. S.B. 123 and Am. Sub. S.B. 231 of
the 124th General | 10112 |
| Assembly. Section 4503.03 of the Revised Code is
presented
in
this | 10113 |
| act as a composite of the section as amended by
both Sub.
S.B. 59 | 10114 |
| and S.B. 99 of
the 124th General Assembly. Sections 4505.13 and | 10115 |
| 4519.68 of the Revised Code are presented
in
this act as | 10116 |
| composites of the sections as amended by
both Sub.
S.B. 59 and Am. | 10117 |
| Sub. S.B. 74 of
the 124th General
Assembly. Section 4507.51 of the | 10118 |
| Revised Code is presented
in this act
as a composite of the | 10119 |
| section as amended by both
Sub.
H.B. 354 and Am. Sub. S.B. 213 of | 10120 |
| the 122nd General Assembly. Section 4511.01 of the Revised Code is | 10121 |
| presented in Section 5 of
this act as a composite of the section | 10122 |
| as amended by both Am. Sub. S.B. 123 and Am. Sub. S.B. 231 of
the | 10123 |
| 124th General Assembly. The General Assembly, applying the | 10124 |
|
principle stated in division (B) of section 1.52 of the Revised | 10125 |
|
Code that amendments are to be harmonized if reasonably capable of | 10126 |
|
simultaneous operation, finds that each composite is the resulting | 10127 |
|
version of the section in effect prior to the effective date of | 10128 |
|
the section as presented in this act. | 10129 |