| Section 1. That sections 109.801, 121.08, 1548.08, 1548.09, | 41 |
|
1548.13, 1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45, | 42 |
| 4501.01, 4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034, | 43 |
|
4503.04, 4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.231, | 44 |
| 4503.24, 4503.44, 4504.01, 4505.07, 4505.08, 4505.09, 4505.10, | 45 |
| 4505.11, 4505.13, 4505.141, 4506.01,
4506.08, 4506.09, 4506.11, | 46 |
| 4506.12,
4507.13, 4507.141, 4507.19, 4507.20,
4507.50, 4507.51, | 47 |
| 4507.53, 4507.99, 4509.05, 4509.101,
4509.79, 4510.10, 4510.22, | 48 |
| 4510.31, 4510.43, 4511.01, 4513.61, 4513.63, 4517.01, 4517.03, | 49 |
| 4517.05, 4517.10, 4517.14, 4519.03, 4519.05, 4519.56, 4519.57, | 50 |
| 4519.58, 4519.61, 4519.631, 4519.68, 4738.05, 4738.18, 4749.02, | 51 |
| 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, 4749.10, | 52 |
| 4749.11, 4749.12, 4749.13, 4749.14, 4905.06,
4919.79, 4923.20, | 53 |
| 5502.01, 5502.11, 5503.34, 5516.01, 5516.04, 5516.061, 5516.10, | 54 |
| 5577.042, 5577.05, and 5577.99
be amended and sections 4503.642, | 55 |
| 4507.1614, 4511.121, 4549.081, 4738.19, 5502.011, and 5516.062 of | 56 |
| the
Revised Code be enacted to read as follows: | 57 |
| Sec. 109.801. (A)(1) Each year the following persons
shall | 58 |
|
complete successfully a firearms
requalification program
approved | 59 |
|
by the executive director of the Ohio peace officer
training | 60 |
|
commission in accordance with rules adopted by
the attorney | 61 |
|
general pursuant to section 109.743 of the Revised Code: any | 62 |
|
sheriff, deputy sheriff, marshal, deputy marshal, township | 63 |
|
constable, chief of police or member of an organized police | 64 |
|
department of a municipal corporation or township, chief of
police | 65 |
|
or member of a township police district police force, | 66 |
|
superintendent of the state highway patrol, state highway patrol | 67 |
|
trooper, special police officer of the state highway patrol | 68 |
|
designated under section 5503.09 of the Revised Code, enforcement | 69 |
|
agent employed under section 5502.14 of the Revised Code, or chief | 70 |
| of police of a university or college police
department or state | 71 |
| university law enforcement officer appointed
under section 3345.04 | 72 |
| of the Revised Code; any parole or
probation
officer who carries a | 73 |
| firearm in the course of official
duties;
any employee of the | 74 |
| department of natural
resources who is
a
natural resources law | 75 |
| enforcement staff officer, park officer,
forest officer, preserve | 76 |
| officer, wildlife
officer, or state
watercraft officer who carries | 77 |
| a firearm in the
course of official
duties; the house of | 78 |
| representatives sergeant at arms if the house
of representatives | 79 |
| sergeant at arms
has arrest authority pursuant to division (E)(1) | 80 |
| of
section
101.311 of the Revised Code; any assistant house of | 81 |
| representatives sergeant at arms;
any
employee of the department | 82 |
| of
youth services who is
designated pursuant to division (A)(2) of | 83 |
|
section 5139.53 of the
Revised Code as being authorized to carry a | 84 |
| firearm
while on duty
as
described in that division; or a special | 85 |
| police officer
employed by a municipal corporation at a municipal | 86 |
| airport or
other municipal air navigation facility described in | 87 |
| division
(A)(19) of section 109.71 of the Revised Code. | 88 |
| Sec. 121.08. (A) There is hereby created in the
department | 99 |
|
of commerce the position of deputy director of
administration. | 100 |
|
This officer shall be appointed by the director of commerce,
serve | 101 |
|
under the director's direction,
supervision, and control, perform | 102 |
|
such duties as the director
prescribes, and hold office during the | 103 |
|
director's pleasure.
The director of commerce may designate an | 104 |
|
assistant director of
commerce to serve as the deputy director of | 105 |
|
administration. The deputy director of administration shall | 106 |
perform such
duties asthat are prescribed by the director of | 107 |
| commerce
in supervising the
activities of the division of | 108 |
| administration of
the department of
commerce. | 109 |
| (B) Except as provided in section 121.07 of the Revised
Code, | 110 |
|
the department of commerce shall have all powers and perform
all | 111 |
|
duties vested in the deputy director of administration, the
state | 112 |
| fire
marshal,
the superintendent of financial institutions,
the | 113 |
| superintendent of real
estate and professional licensing, the | 114 |
|
superintendent of liquor control, the superintendent of the | 115 |
|
division of
industrial compliance, the superintendent of labor and | 116 |
|
worker
safety, and the commissioner of
securities, and shall have | 117 |
|
all powers and perform all duties
vested by law in all officers, | 118 |
deputies, and employees of suchthese offices. Except as provided | 119 |
| in
section 121.07 of the Revised
Code, wherever powers are | 120 |
conferred
or duties imposed upon any of
suchthese officers, such | 121 |
| powers and
duties shall be construed as
vested in the department | 122 |
| of commerce. | 123 |
| (2) All provisions of law governing the superintendent of | 133 |
|
financial institutions
shall apply to and govern the | 134 |
|
superintendent of financial institutions
provided
for in this | 135 |
|
section; all authority vested by law in the
superintendent of | 136 |
|
financial institutions with respect to the
management of the | 137 |
|
division of financial institutions shall be construed as vested in | 138 |
|
the
superintendent of financial institutions created by this | 139 |
|
section
with respect to
the division of financial institutions | 140 |
|
provided for in this
section; and all
rights, privileges, and | 141 |
|
emoluments conferred by law upon the
superintendent of financial | 142 |
|
institutions shall be construed as
conferred upon the | 143 |
|
superintendent of financial institutions as head of the division | 144 |
|
of financial institutions. The
director of commerce shall not | 145 |
|
transfer from the division of financial
institutions any of the | 146 |
|
functions specified in division
(C)(2) of this
section. | 147 |
| (I) There is hereby created in the department of commerce a | 184 |
|
division
of labor and worker safety, which shall have all powers | 185 |
|
and perform all
duties vested by law in the superintendent of | 186 |
|
labor and worker safety.
Wherever powers are conferred or duties | 187 |
|
imposed upon the superintendent
of labor and worker safety, such | 188 |
|
powers and duties shall be
construed as vested in the division of | 189 |
|
labor and worker safety.
The division of labor and worker safety | 190 |
|
is under the control
and supervision of the director of commerce, | 191 |
|
and administered by a
superintendent of labor and worker safety. | 192 |
|
The superintendent of
labor and worker safety shall exercise the | 193 |
|
powers and perform the
duties delegated to the superintendent by | 194 |
|
the director under
Chapters
4109.,
4111.,
4115., and
4167. of the | 195 |
|
Revised Code. | 196 |
| Sec. 1548.08. (A)
When the clerk of
a court
of common
pleas | 197 |
|
issues a physical certificate of title for a watercraft or
| 198 |
|
outboard motor, the clerk shall
issue
it
over
the clerk's
official
| 199 |
|
seal.
All
physical certificates
of title to watercraft
or
outboard | 200 |
| motors
shall
contain the
information required in
the
application | 201 |
| for
them as prescribed by
section 1548.07 of
the Revised Code,
as
| 202 |
|
well as spaces for the
dates of notation
and cancellation of each
| 203 |
|
lien, mortgage, or
encumbrance, over
the signature of the clerk. | 204 |
| If
any
certificate of title is
issued for a watercraft or
outboard | 205 |
| motor
in which two persons
are establishing joint
ownership with | 206 |
| right
of survivorship
under section 2106.17 of the
Revised Code, | 207 |
| the
certificate, in
addition to the information
required by this
| 208 |
|
section, shall show
that the two persons have
established joint
| 209 |
|
ownership with right
of survivorship in the
watercraft or
outboard
| 210 |
|
motor. | 211 |
| Sec. 1548.09.
When the clerk of
a court
of common
pleas | 225 |
|
issues a physical certificate of title, the clerk shall
issue
the | 226 |
certificate
of title
on a form and in
duplicate. One
copy
shall be | 227 |
retained and fileda manner prescribed by
the
clerk in
the clerk's
| 228 |
office, and the
information
contained in itchief of the division | 229 |
| of watercraft. The clerk shall file a copy of the physical | 230 |
| evidence for the creation of the certificate of title in a manner | 231 |
| prescribed by the chief of the division of watercraft. A clerk may | 232 |
| retain digital images of documents used as evidence for issuance | 233 |
| of a certificate of title. Certified printouts of documents | 234 |
| retained as digital images shall have the same evidentiary value | 235 |
| as the original physical documents. The record of the issuance of | 236 |
the certificate of title shall be transmitted
on the day
it
is | 237 |
issued tomaintained in the
chief
of the division of
watercraft | 238 |
| automated title processing system. The
clerk
shall sign and affix
| 239 |
|
the clerk's seal
to
the original
certificate of title and, if | 240 |
| there are no liens on
the
watercraft or outboard motor, shall | 241 |
| deliver the certificate
to
the applicant.
If there are one or more | 242 |
| liens on the
watercraft
or outboard motor, the
clerk shall deliver | 243 |
| the
certificate of
title to the holder of the first lien. | 244 |
| The clerk shall issue a physical certificate of title to an
| 260 |
|
applicant unless the applicant specifically requests the clerk not
| 261 |
|
to issue a
physical certificate of title and instead to issue an
| 262 |
|
electronic certificate
of title.
The fact that a physical
| 263 |
|
certificate of title is
not issued for a watercraft or outboard
| 264 |
|
motor does not affect ownership of the
watercraft or outboard
| 265 |
|
motor. In that case, when the clerk completes the
process of
| 266 |
|
entering certificate of title application information into the
| 267 |
|
automated title processing system, the effect of the completion of
| 268 |
|
the process is the same as if the clerk actually issued a physical
| 269 |
|
certificate of title for the watercraft or outboard motor. | 270 |
| Sec. 1548.13. In the event of a lost or destroyed
| 271 |
|
certificate of title,
application shall be made to
a clerk of
a | 272 |
|
court of common pleas
by the owner of
the watercraft or
outboard | 273 |
| motor, or the holder of a lien
on it, for a
certified
copy of
the | 274 |
| certificate upon a form prescribed by
the chief of
the division
of | 275 |
| watercraft and accompanied by the
fee
prescribed
by section | 276 |
| 1548.10 of the
Revised Code.
The
application shall
be signed
and | 277 |
| sworn to by the person
making the
application, and
the clerk shall | 278 |
| issue a
certified copy of
the certificate of
title to the person
| 279 |
|
entitled to receive it under
this chapter.
The certified copy | 280 |
| shall be plainly marked
across its
face with
the word
"duplicate," | 281 |
| and any subsequent
purchaser of
the
watercraft or outboard motor | 282 |
| in the chain of
title originating
through
the certified copy | 283 |
| acquires only
such rights in the
watercraft or outboard motor
as
| 284 |
|
the original
holder of the
certified copy
had. Any purchaser
of
| 285 |
|
the
watercraft or
outboard motor, at the time of purchase,
may
| 286 |
|
require the seller
to indemnify
the
purchaser and
all subsequent
| 287 |
|
purchasers of
the watercraft
or outboard motor
against any loss
| 288 |
|
that the
purchaser
or
any
subsequent purchaser
may suffer by | 289 |
| reason of
any
claim presented
upon the original certificate. In
| 290 |
|
the event
of
the recovery of
the original certificate of title by
| 291 |
the
owner,
the owner
shall
surrender
it immediately
to
thea clerk | 292 |
|
for
cancellation. | 293 |
| The holder of a certificate of title for a watercraft or
| 294 |
|
outboard motor upon
which is noted an existing lien, encumbrance,
| 295 |
|
or mortgage may
apply at any time
to
a
clerk
for a memorandum
| 296 |
|
certificate,
on a form prescribed
by the chief, that is
signed
and | 297 |
| sworn to by the applicant.
Upon receipt of
the
application | 298 |
|
together with the fee
prescribed by section 1548.10 of
the
Revised | 299 |
| Code,
and if the application appears to be regular,
the
clerk | 300 |
|
shall
issue to
the applicant a memorandum
certificate for
the
| 301 |
|
watercraft or outboard motor.
If the
memorandum
certificate
is | 302 |
| lost or destroyed, the
holder
of it may
obtain a
certified
copy of
| 303 |
|
it
by applying for the copy on a form
prescribed by the
chief, | 304 |
|
accompanied
by the fee prescribed
in section 1548.10 of
the | 305 |
|
Revised Code. In the event of
the
recovery of the original
| 306 |
|
memorandum certificate by the owner,
the owner
shall
surrender
it | 307 |
| immediately to
a clerk for cancellation.
Such
a memorandum
| 308 |
|
certificate is not
assignable and constitutes
no
evidence of
title | 309 |
| or of right
to
transfer or encumber the
watercraft or
outboard | 310 |
| motor described
in it. | 311 |
| Sec. 1548.20.
(A) Chapter 1309. of the Revised Code does
| 317 |
|
not
permit or require the deposit, filing, or other
record of
a
| 318 |
|
security
interest covering a watercraft or outboard
motor for
| 319 |
|
which a certificate of
title is required. Any
security agreement
| 320 |
|
covering a security interest in a
watercraft
or outboard motor,
if
| 321 |
|
it is accompanied by delivery of
a
manufacturer's or
importer's
| 322 |
|
certificate and followed by actual
and
continued
possession of
| 323 |
|
that certificate by the holder of
the instrument,
or,
in the case
| 324 |
|
of a certificate of title, if a
notation of the
security agreement | 325 |
| has
been made by
a clerk of
a court of
common
pleas on the
face of
| 326 |
|
the
certificate
of title or the
clerk has entered a notation of | 327 |
| the
agreement into the automated
title processing system and a | 328 |
|
physical certificate of title for
the watercraft or outboard motor | 329 |
|
has not been issued, shall be
valid as against
the creditors
of | 330 |
|
the
debtor, whether
armed
with process or not,
and against
| 331 |
|
subsequent
purchasers, secured
parties,
and other
lienholders or
| 332 |
|
claimants.
All
security
interests, liens, mortgages, and | 333 |
|
encumbrances
entered into the
automated title
processing system in | 334 |
| relation to a particular
certificate of
title, regardless of | 335 |
| whether a
physical
certificate of
title
is issued, take priority | 336 |
| according
to the
order
of
time in
which
they are
entered into the | 337 |
| automated
title
processing system by the
clerk. Exposure for
sale
| 338 |
|
of any
watercraft or outboard motor
by its owner, with the
| 339 |
|
knowledge
or
with the knowledge and
consent of the holder of any | 340 |
|
security
interest, lien,
mortgage, or
encumbrance
on the | 341 |
|
watercraft or
outboard
motor, shall not render the
security | 342 |
|
interest lien,
mortgage, or encumbrance
ineffective as against
the | 343 |
| creditors of
the owner or against
holders of
subsequent
security | 344 |
| interests,
liens, mortgages, or
encumbrances upon the
watercraft | 345 |
| or outboard
motor. | 346 |
| (B) If
a secured party presents
evidence of the security
| 347 |
|
interest to
a
clerk of
a court of common pleas
together with
the | 348 |
| certificate of
title, if a physical certificate
of title for
the | 349 |
| watercraft or
outboard motor exists, and the fee
prescribed
by
| 350 |
|
section 1548.10
of the
Revised
Code, the clerk,
unless the
secured | 351 |
| party
specifically requests the clerk not to
issue a
physical
| 352 |
|
certificate of title, shall issue a new original
certificate of
| 353 |
|
title
from
the
automated title processing
records. The new
| 354 |
|
certificate
shall indicate the
security
interest and the
date of
| 355 |
|
the security
interest. The clerk also
shall note the
security
| 356 |
|
interest and
its date
in
the clerk's
files
and
enter that | 357 |
| information into the automated title
processing system,
and on | 358 |
| that
day shall notify
the
chief of
the division
of
watercraft. The
| 359 |
|
clerk shall
indicate by
appropriate
notation on
the
security | 360 |
| agreement
itself the fact
that the
security
interest
has been | 361 |
| noted
on the certificate of
title. | 362 |
| (C) If a security interest is
fully
discharged
as a result of | 363 |
|
its holder's receipt of good funds in
the correct amount and if | 364 |
|
the holder holds a physical certificate
of title, the holder
shall
| 365 |
|
note the discharge
of
the
security interest over
the
holder's | 366 |
|
signature
on the face
of
the certificate of title,
or,
if there
is | 367 |
| not
sufficient
space
for the notation on the face of
the | 368 |
|
certificate of
title,
the
holder shall note the discharge
over
the | 369 |
| holder's
signature on a
form
prescribed
by the
chief.
Except
as | 370 |
|
otherwise provided
in this section, prior
to delivering the | 371 |
|
certificate
of title to
the owner, the
holder or
the
holder's | 372 |
|
agent shall
convey the certificate of title or a
separate sworn | 373 |
|
statement of
the discharge of the security interest
and any | 374 |
|
additional
information the chief requires to
a clerk. The | 375 |
|
conveyance shall occur not more
than seven business
days after the | 376 |
|
date
good funds in
the correct amount to fully
discharge the | 377 |
|
security interest have been credited to
an account
of the holder, | 378 |
|
provided the
holder has been provided accurate
information | 379 |
|
concerning the watercraft or
outboard motor.
Conveyance of the | 380 |
|
certificate of title or
separate sworn statement
of the discharge | 381 |
|
within the required
seven business days may be
indicated by | 382 |
|
postmark or receipt by a
clerk within that period.
If
the | 383 |
|
discharge of the security
interest appears to be genuine,
the | 384 |
|
clerk
shall note the discharge
of the
security
interest
on the | 385 |
|
face of the certificate
of title, if it was so
conveyed,
and note | 386 |
|
it in the automated
title processing system
and
upon the
records | 387 |
|
of the
clerk. | 388 |
| If a security interest is fully discharged as a result of its | 389 |
| holder's receipt of good funds in the correct amount and the | 390 |
| holder does not hold a physical certificate of title, when the | 391 |
| holder notifies a clerk of the discharge of its security interest, | 392 |
| the holder at that time also may request the clerk to issue a | 393 |
| physical certificate of title to the watercraft or outboard motor. | 394 |
| The request shall specify whether the clerk is to send the | 395 |
| certificate of title directly to the owner or to the holder or the | 396 |
| holder's agent for transmission to the owner. If such a request is | 397 |
| made, the clerk shall issue a physical certificate of title and | 398 |
| send it to the specified person. | 399 |
| Sec. 2935.27. (A)(1) If a law enforcement officer issues
a | 472 |
|
citation to a person pursuant to section 2935.26 of the Revised | 473 |
|
Code and if the minor misdemeanor offense for which the citation | 474 |
|
is issued is an act prohibited by Chapter 4511., 4513., or 4549. | 475 |
|
of the Revised Code or an act prohibited by any municipal | 476 |
|
ordinance that is substantially similar to any section contained | 477 |
|
in Chapter 4511., 4513., or 4549. of the Revised Code, the
officer | 478 |
|
shall inform the person, if the person has a current
valid Ohio | 479 |
|
driver's or commercial driver's license, of the possible | 480 |
|
consequences of the person's actions as required under
division | 481 |
|
(E) of
this section, and also shall inform the person that
the | 482 |
|
person is required
either to appear at the time and place stated | 483 |
|
in the citation or
to comply with division (C) of section 2935.26 | 484 |
|
of the Revised
Code. | 485 |
| (D) If a person who has a current valid Ohio driver's or | 509 |
|
commercial driver's license and who was issued a citation fails
to | 510 |
|
appear at the time and place specified on the citation,
fails to | 511 |
|
comply with division (C) of section 2935.26 of the
Revised Code, | 512 |
|
or fails to comply with or satisfy any judgment of
the court | 513 |
|
within the time allowed by the court, the court shall
declare the
| 514 |
suspensionforfeiture of the person's license.
Thirty days
after | 515 |
|
the
declaration of forfeiture, the court shall enter information | 516 |
relative to the
suspensionforfeiture on a form approved and | 517 |
|
furnished by the registrar
of
motor vehicles, and forward the form | 518 |
|
to the registrar. The
registrar shall
suspend the person's | 519 |
|
driver's or commercial
driver's license, send written notification | 520 |
|
of the
suspension to
the person at the
person's last known | 521 |
|
address, and order the
person to
surrender the person's
driver's | 522 |
|
or commercial driver's
license to the registrar within forty-eight | 523 |
|
hours. No valid
driver's or commercial driver's license shall be | 524 |
|
granted to the
person until the court having jurisdiction of the | 525 |
offense that led
to the
suspensionforfeiture orders that the
| 526 |
suspensionforfeiture be
terminated. The
court shall so order if | 527 |
| the person,
after having
failed to appear
in court at the required | 528 |
| time and
place to
answer the charge or
after having pleaded guilty | 529 |
| to or
been found
guilty of the
violation and having failed within | 530 |
| the
time allowed
by the court
to pay the fine imposed by the | 531 |
| court,
thereafter
appears to answer
the charge and pays any fine | 532 |
| imposed
by the court or pays
the fine
originally imposed by the | 533 |
| court.
The
court shall inform the
registrar of the termination of | 534 |
the
suspensionforfeiture by
entering
information
relative to the | 535 |
|
termination on a form approved and
furnished by the registrar
and | 536 |
|
sending the form to the registrar
as provided in this division.
| 537 |
|
The
person
shall pay
to the bureau
of motor vehicles a | 538 |
fifteen-dollar
processingreinstatement fee to
cover the
costs of | 539 |
| the bureau
in
administering
this section. The
registrar
shall | 540 |
| deposit
the fees
so paid into the state bureau of
motor
vehicles | 541 |
| fund created by
section
4501.25 of the Revised
Code. | 542 |
| In addition, upon receipt of the copy of the declaration
of
| 543 |
suspensionforfeiture from the court, neither the registrar nor | 544 |
|
any
deputy
registrar shall accept any application for the | 545 |
|
registration or
transfer of registration of any motor vehicle | 546 |
|
owned or leased by
the person named in the declaration of
| 547 |
suspensionforfeiture until
the court
having jurisdiction of the | 548 |
offense
that led to the
suspensionforfeiture
orders that the
| 549 |
suspensionforfeiture be
terminated. However, for a motor
vehicle | 550 |
leased by a person named
in a declaration of
suspension | 551 |
| forfeiture,
the registrar shall not
implement the
preceding | 552 |
|
sentence until the
registrar adopts
procedures for that | 553 |
|
implementation under section
4503.39
of the
Revised Code. Upon | 554 |
receipt by the registrar of an
order
terminating the
suspension | 555 |
| forfeiture, the registrar shall take
such
measures as may
be | 556 |
|
necessary to permit the person to register
a
motor vehicle
owned | 557 |
|
or leased by the person or to transfer the
registration of such a | 558 |
|
motor vehicle, if the person later makes
application to take such | 559 |
|
action and the person otherwise is
eligible to register the motor | 560 |
|
vehicle
or to transfer the
registration of it. | 561 |
| (E) A law enforcement officer who issues a person a minor | 577 |
|
misdemeanor citation for an act prohibited by Chapter 4511., | 578 |
|
4513., or 4549. of the Revised Code or an act prohibited by a | 579 |
|
municipal ordinance that is substantially similar to any section | 580 |
|
contained in Chapter 4511., 4513., or 4549. of the Revised Code | 581 |
|
shall inform the person that if the person does not appear at
the | 582 |
|
time
and place stated on the citation or does not comply with | 583 |
|
division
(C) of section 2935.26 of the Revised Code, the person's | 584 |
|
driver's
or commercial driver's license will be suspended, the | 585 |
|
person will not be eligible for the reissuance of the license or | 586 |
|
the issuance
of a new license or the
issuance of a certificate of | 587 |
|
registration for a motor vehicle owned or leased
by the person, | 588 |
|
until the person appears and complies with all orders of the | 589 |
|
court. The person also is subject to any applicable criminal | 590 |
|
penalties. | 591 |
| If the person arrested fails to appear in court at the date | 626 |
|
and time set by the court or fails to satisfy the judgment of the | 627 |
|
court, including, but not limited to, compliance with all court | 628 |
orders within the time allowed by the court, the court may
impose | 629 |
a class seven suspensiondeclare the forfeiture of the
person's | 630 |
license
from the range
specified in division (A)(7) of
section | 631 |
4510.02 of the Revised
Code. Thirty
days
after the
suspension | 632 |
| declaration of the forfeiture, the court shall
forward
the | 633 |
|
person's
license to the registrar. The court also shall enter | 634 |
information
relative to the
suspensionforfeiture on a form | 635 |
| approved and
furnished by the registrar
and send the form to the | 636 |
registrar,
and the. The registrar shall suspend the person's | 637 |
| license and
send written
notification of the
suspension to the | 638 |
| person at the person's last
known address. No
valid driver's or | 639 |
| commercial driver's license
shall be granted to
the person until | 640 |
the
expiration of the period
of the suspension
or, prior
to the | 641 |
expiration of that period, the
court having
jurisdiction orders | 642 |
that the
suspension
isforfeiture be terminated.
If the
court | 643 |
terminates
the suspension, theThe
court shall inform the | 644 |
|
registrar
of the termination of the forfeiture
by entering | 645 |
|
information relative to
the termination on
a form
approved and | 646 |
| furnished by the registrar
and sending the
form to the registrar.
| 647 |
Upon the expiration or
termination of the suspension, the
person | 648 |
shall pay
to the bureau
of motor vehicles a processing | 649 |
| reinstatement fee
of fifteen dollars to
cover the
costs of the | 650 |
|
bureau
in administering this section. The
registrar
shall deposit | 651 |
|
the fees so
paid into the state bureau of
motor
vehicles fund | 652 |
| created by section 4501.25 of the Revised
Code. | 653 |
| In addition, upon receipt from the court of the copy of
the
| 654 |
suspensiondeclaration of forfeiture, neither the registrar
nor | 655 |
|
any deputy registrar shall
accept any application for the | 656 |
|
registration or transfer of
registration of any motor vehicle | 657 |
|
owned by or leased in the name
of the person named in the
| 658 |
suspensiondeclaration of forfeiture until the
expiration of
the | 659 |
period of the suspension or, prior to the expiration of that | 660 |
period,
the court having
jurisdiction
over the offense that led to | 661 |
the suspension issues an order
terminating the
suspension | 662 |
| forfeiture.
However, for a motor
vehicle leased in the
name of a | 663 |
person named
in a
suspensiondeclaration of forfeiture, the | 664 |
|
registrar shall not
implement the preceding
sentence until the | 665 |
|
registrar adopts procedures for
that
implementation under section | 666 |
4503.39 of the Revised Code. Upon
the
expiration of the
suspension | 667 |
or upon receipt
by the registrar
of such
an order
terminating the | 668 |
suspension,
the registrar also shall
take
the
measures
necessary | 669 |
| to permit the person to register a
motor vehicle the person owns | 670 |
| or
leases or to transfer the
registration of
a
motor vehicle
the | 671 |
| person owns or
leases if
the
person later makes a
proper | 672 |
| application and otherwise is
eligible
to be issued or to
transfer | 673 |
| a motor vehicle registration. | 674 |
| (C) No license shall be accepted as bond by an arresting | 688 |
|
officer or by a court under this section until the officer or | 689 |
|
court has notified the person that, if the person deposits the | 690 |
|
license with the officer or court and either does not appear on | 691 |
|
the date and at the time set by the officer or the court, if the | 692 |
|
court sets a time, or does not satisfy any judgment rendered, | 693 |
|
including, but not limited to, compliance with all court orders, | 694 |
|
the license will be suspended, and the person
will not be eligible | 695 |
|
for
reissuance of the license or issuance of a new license, or the | 696 |
|
issuance of a certificate of registration for a
motor vehicle | 697 |
|
owned or leased by the person until the person
appears and | 698 |
|
complies with any order issued by the court.
The person also is | 699 |
|
subject to any criminal penalties that may apply to the
person. | 700 |
| (B) No insurer shall consider the circumstance that an | 741 |
|
applicant or policyholder has been involved in a motor vehicle | 742 |
|
accident while in the pursuit of the applicant's or
policyholder's | 743 |
|
official duties as a law
enforcement officer, firefighter, or | 744 |
|
operator of an emergency
vehicle or ambulance, while operating a | 745 |
|
vehicle engaged in mowing or
snow and ice removal as a county, | 746 |
|
township, or department of transportation
employee, or while | 747 |
|
operating a vehicle while engaged in the pursuit
of the | 748 |
|
applicant's or policyholder's official duties as a member
of the | 749 |
commercial motor
vehicle safetycarrier enforcement unit of the | 750 |
|
state highway patrol
under section 5503.34 of the Revised Code,
as | 751 |
|
a basis for doing either of the following: | 752 |
| (D) The employer of the law enforcement officer,
firefighter, | 766 |
| or
operator of an emergency vehicle or
ambulance,
operator of a | 767 |
| vehicle engaged in
mowing or snow and ice removal,
or operator of | 768 |
a vehicle who is a member of the
commercial
motor
vehicle safety | 769 |
| carrier enforcement
unit, except as otherwise
provided in
division | 770 |
| (F) of this section,
shall certify to the
state highway patrol or | 771 |
| law enforcement
agency that investigates
the accident whether the | 772 |
| officer,
firefighter,
or operator of an
emergency vehicle or | 773 |
| ambulance,
operator of a vehicle engaged in
mowing or snow and ice | 774 |
| removal, or operator of a vehicle who is a
member of the | 775 |
commercial motor
vehicle safetycarrier enforcement
unit, was | 776 |
| engaged in the performance of
the person's official
duties
as such | 777 |
|
employee at the time of the accident. The employer
shall
designate | 778 |
| an official authorized to make the certifications.
The state | 779 |
|
highway patrol or law enforcement agency shall include
the | 780 |
|
certification in any report of the accident forwarded to the | 781 |
|
department of public safety pursuant to sections 5502.11 and | 782 |
|
5502.12 of the Revised Code and shall forward the certification
to | 783 |
|
the department if received after the report of the accident
has | 784 |
|
been forwarded to the department. The registrar of motor
vehicles | 785 |
|
shall not include an accident in a certified abstract of | 786 |
|
information under division (A) of section 4509.05 of the Revised | 787 |
|
Code, if the person involved has been so certified as having been | 788 |
|
engaged in the performance of the person's official duties
at the | 789 |
|
time of
the accident. | 790 |
| (F) Division (B) of this section does not apply if an | 795 |
|
applicant or policyholder, on the basis of the applicant's or | 796 |
|
policyholder's involvement in an
accident described in that | 797 |
|
division, is convicted of or pleads
guilty or no contest to a | 798 |
|
violation of section 4511.19 of the
Revised Code; of a municipal | 799 |
|
ordinance relating to operating a
vehicle while under the | 800 |
|
influence of alcohol, a drug of abuse, or
alcohol and a drug of | 801 |
|
abuse; or of a municipal ordinance relating
to operating a vehicle | 802 |
|
with a prohibited concentration of alcohol
in the blood, breath, | 803 |
|
or urine, or other bodily substance. | 804 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 916 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 917 |
|
other than muscular power or power collected from
overhead
| 918 |
|
electric trolley wires.
"Motor
vehicle" does not include
motorized
| 919 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 920 |
|
cranes, and other
equipment used in construction
work and
not
| 921 |
|
designed for or
employed in general highway
transportation,
| 922 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 923 |
|
trailers that are used
to transport
agricultural produce or
| 924 |
|
agricultural production
materials
between a local place of storage
| 925 |
|
or supply and the farm
when
drawn or towed on a public road or
| 926 |
|
highway at a speed of
twenty-five miles per hour or less,
| 927 |
|
threshing machinery,
hay-baling machinery, corn sheller,
| 928 |
|
hammermill and agricultural
tractors, machinery used in the
| 929 |
|
production of horticultural,
agricultural, and vegetable products,
| 930 |
|
and trailers that are
designed and
used exclusively to transport a
| 931 |
|
boat between a
place of storage
and a marina, or in and around a
| 932 |
|
marina, when
drawn or towed on a
public road or highway for a
| 933 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 934 |
|
miles per hour
or less. | 935 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 950 |
|
agricultural tractor or traction engine that is of special
| 951 |
|
interest,
that has a fair market value of one hundred dollars or
| 952 |
|
more,
whether operable or not, and that is owned, operated,
| 953 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 954 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 955 |
|
owner's principal means of transportation.
"Licensed
collector's
| 956 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 957 |
|
tractor or traction engine, that displays current,
valid license
| 958 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 959 |
|
similar type of motor vehicle that displays current,
valid
license
| 960 |
|
tags issued under substantially equivalent
provisions in
the laws
| 961 |
|
of other states. | 962 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 993 |
|
designed or used for carrying property or persons wholly on
its
| 994 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 995 |
|
any such vehicle that is formed by or operated as a
combination of
| 996 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 997 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 998 |
|
agricultural produce or agricultural production
materials between
| 999 |
|
a local place of storage or supply and the farm
when drawn or
| 1000 |
|
towed on a public road or highway at a speed
greater than
| 1001 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 1002 |
|
used exclusively to transport a boat between a
place of
storage
| 1003 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 1004 |
|
public road or highway for a distance of
more than ten
miles or at
| 1005 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 1006 |
|
not include a manufactured home or
travel trailer. | 1007 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 1024 |
|
does not have motive power and is so designed or used with
another
| 1025 |
|
and
separate motor vehicle that in operation a part of
its own
| 1026 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 1027 |
|
the other vehicle
furnishing the motive power for
propelling
| 1028 |
|
itself
and the vehicle referred to in this division,
and includes,
| 1029 |
|
for
the purpose only of registration and taxation
under those
| 1030 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 1031 |
|
that is designed or used for the conversion of a
semitrailer into
| 1032 |
|
a
trailer. | 1033 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms | 1094 |
| that are regularly engaged in the
business
of
manufacturing, | 1095 |
| selling, displaying, offering for
sale, or
dealing
in motor | 1096 |
| vehicles, at an established place of
business
that is
used | 1097 |
| exclusively for the purpose of
manufacturing,
selling,
displaying, | 1098 |
| offering for sale, or
dealing in motor
vehicles. A
place of | 1099 |
| business that is used for
manufacturing,
selling,
displaying, | 1100 |
| offering for sale, or
dealing in motor
vehicles shall
be deemed to | 1101 |
| be used exclusively
for those purposes
even though
snowmobiles or | 1102 |
| all-purpose
vehicles are sold or
displayed for
sale
thereat, even | 1103 |
| though
farm machinery is sold or
displayed
for
sale
thereat, or | 1104 |
| even
though repair, accessory,
gasoline
and oil,
storage, parts, | 1105 |
|
service, or paint departments
are
maintained
thereat, or, in any | 1106 |
|
county having a population of
less than
seventy-five thousand
at | 1107 |
| the last federal
census,
even
though a department in
a place of | 1108 |
| business is used to
dismantle,
salvage, or rebuild
motor vehicles | 1109 |
| by means of used
parts, if
such
departments are
operated for the | 1110 |
| purpose of
furthering and
assisting in the
business of | 1111 |
| manufacturing,
selling, displaying,
offering for
sale, or dealing | 1112 |
| in motor
vehicles. Places of
business or
departments in a place of
| 1113 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 1114 |
|
means of using
used parts
are not
considered as being
maintained
| 1115 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 1116 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 1117 |
|
vehicles. | 1118 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 1121 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 1122 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 1123 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 1124 |
|
compensation, or profit, either persons or property owned by
| 1125 |
|
another. Any operator of a motor vehicle who is voluntarily
| 1126 |
|
involved in
a ridesharing arrangement is not considered an
| 1127 |
|
employee for hire
or operating such vehicle for gain,
| 1128 |
|
compensation, or profit. | 1129 |
| The registrar shall administer the laws of the state
relative | 1252 |
| to the registration of and certificates of title for
motor | 1253 |
| vehicles, and the licensing of motor vehicle dealers, motor | 1254 |
|
vehicle leasing dealers, distributors, and salespersons, and of | 1255 |
|
motor vehicle salvage dealers, salvage motor vehicle auctions,
and | 1256 |
| salvage motor vehicle pools. The registrar also shall, in | 1257 |
|
accordance with section 4503.61 of the Revised Code, take those | 1258 |
|
steps necessary to enter this state into membership in the | 1259 |
|
international registration plan and carry out the
registrar's | 1260 |
| other duties
under that section. The registrar, with the approval | 1261 |
| of the
director of public safety, may do all of the following: | 1262 |
| Sec. 4501.021. (A)
Notwithstanding sections 149.33 to 149.34 | 1303 |
|
of the Revised Code, the registrar of motor vehicles shall | 1304 |
|
determine the methods for obtaining, collecting, recording, and | 1305 |
|
maintaining the records of the bureau of motor vehicles and of | 1306 |
|
deputy registrars that pertain to driver's or commercial driver's | 1307 |
|
licenses, identification cards, and vehicle registrations, | 1308 |
|
including photographic or digitalized images, and electronic or | 1309 |
|
digitalized signatures. The registrar may choose methods
including | 1310 |
| paper, film, digital or other electronic media, or any
other media | 1311 |
| that reasonably allows for recording, maintaining, and
retrieving | 1312 |
| the records in a reliable manner. | 1313 |
(B)(C) Each deputy registrar shall
retain in the deputy | 1323 |
|
registrar's office a file containing copies
of all records and | 1324 |
|
transactions performed for the bureau.
Copies of motor vehicle | 1325 |
|
registration applications shall be
retained for a period of | 1326 |
|
eighteen months from the date of the
record or transaction, | 1327 |
|
whichever is later; copies of driver's license or
identification | 1328 |
|
card applications shall be retained
for a period of four years | 1329 |
|
from the date of the record or
transaction, whichever is later; | 1330 |
|
and all other records shall be
retained for a period of three | 1331 |
|
years from the date of the record
or transaction, whichever is | 1332 |
|
later. The retained records shall
be available for public | 1333 |
|
examination, but no person may make
copies of the records for sale | 1334 |
|
or distribution. | 1335 |
| Sec. 4501.11. (A) There is hereby created in the state | 1336 |
|
treasury the security, investigations, and policing fund. | 1337 |
| Notwithstanding
section 5503.04 of the Revised Code, no fines | 1338 |
| collected from or money arising
from bonds or bail forfeited by | 1339 |
| persons apprehended or arrested by state
highway patrol troopers | 1340 |
| shall be credited to the general revenue fund until
sufficient | 1341 |
| revenue to fund appropriations for the activities described under | 1342 |
|
division (B) of this section are credited to the security, | 1343 |
| investigations, and
policing fund. All investment earnings of the | 1344 |
| security, investigations, and
policing fund shall be credited to | 1345 |
| that fund. | 1346 |
| Sec. 4503.01. "Motor vehicle" as defined in section 4505.01 | 1365 |
|
of the Revised
Code applies to sections 4503.02 to 4503.10, and | 1366 |
|
4503.12 to 4503.18 of the
Revised Code. For the purposes of | 1367 |
|
sections 4503.02 to 4503.04, 4503.10 to
4503.12, 4503.182, | 1368 |
|
4503.19, 4503.21, 4503.22, and 4503.25 of the Revised Code,
the | 1369 |
|
term "motor vehicle" also includes
a motorized bicycle
and a | 1370 |
|
trailer or semitrailer whose weight is four thousand pounds or | 1371 |
|
less but does not include a trailer or semitrailer used to | 1372 |
| transport any of the following: | 1373 |
| (B) The registrar shall not contract with any person to
act | 1406 |
|
as a deputy registrar if the person or, where applicable,
the | 1407 |
|
person's spouse or a member of
the person's
immediate family
has | 1408 |
|
made, within the current calendar year or any one of the
previous | 1409 |
|
three calendar years, one or more contributions totaling
in excess | 1410 |
|
of
one
hundred dollars to any person or entity included
in | 1411 |
|
division
(A)(2) of section
4503.033 of the Revised
Code. As
used | 1412 |
|
in this
division,
"immediate family" has the same
meaning as
in | 1413 |
|
division
(D) of section 102.01 of the Revised Code,
and
"entity" | 1414 |
|
includes
any political party and any
"continuing
association" as | 1415 |
|
defined
in division (B)(4) of section 3517.01 of
the Revised Code | 1416 |
|
or
"political action committee" as defined in
division (B)(8) of | 1417 |
|
that section that is primarily associated with
that political | 1418 |
|
party. For purposes of this division,
contributions to any | 1419 |
|
continuing association or any political
action committee that is | 1420 |
|
primarily associated with a political
party shall be aggregated | 1421 |
|
with contributions to that political
party. | 1422 |
| (C)(1) Except as provided in division (C)(2) of this
section, | 1435 |
| deputy registrars are independent contractors and
neither
they nor | 1436 |
| their employees are employees of this state,
except that
nothing | 1437 |
| in this section shall affect the status of
county auditors
or | 1438 |
| clerks of courts of common pleas as public
officials, nor the | 1439 |
|
status of their
employees as employees of any
of the counties of | 1440 |
|
this state,
which
are political subdivisions of
this state. Each | 1441 |
|
deputy
registrar
shall be responsible for the
payment of all | 1442 |
|
unemployment
compensation premiums, all workers'
compensation | 1443 |
|
premiums, social
security contributions, and any and
all taxes
for | 1444 |
|
which
the
deputy registrar is legally
responsible.
Each
deputy | 1445 |
|
registrar
shall comply with all
applicable federal,
state, and | 1446 |
|
local
laws
requiring the
withholding of income taxes or
other | 1447 |
|
taxes from the
compensation
of
the deputy registrar's
employees. | 1448 |
|
Each
deputy
registrar
shall maintain during the entire
term of
| 1449 |
|
the
deputy
registrar's contract a policy of business
liability | 1450 |
|
insurance
satisfactory to the registrar and shall hold
the | 1451 |
|
department of
public safety,
the director of public safety,
the | 1452 |
|
bureau of motor
vehicles, and the registrar
harmless upon any
and | 1453 |
|
all claims for
damages arising out of the operation of
the
deputy | 1454 |
|
registrar
agency. | 1455 |
| (D)(1) With the approval of the director, the registrar
shall | 1460 |
|
adopt rules governing the terms of the contract between the | 1461 |
|
registrar and each deputy registrar and specifications for the | 1462 |
|
services to be performed. The rules shall include specifications | 1463 |
|
relating to the amount of bond to be given as provided in this | 1464 |
|
section; the size and location of the deputy's office;
and the | 1465 |
|
leasing
of equipment necessary to conduct the vision screenings | 1466 |
|
required
under section 4507.12 of the Revised Code and training
in | 1467 |
|
the use
of the equipment. The specifications shall permit and | 1468 |
|
encourage
every deputy registrar to inform the public of the | 1469 |
|
location of
the deputy registrar's office and hours of
operation | 1470 |
|
by means of
public service announcements and allow any
deputy | 1471 |
|
registrar to
advertise in regard to the operation of the
deputy | 1472 |
|
registrar's
office. The
rules also shall include
specifications | 1473 |
|
for the hours
the
deputy's office is to be open to
the public and | 1474 |
|
shall require
as
a minimum that one deputy's office
in each county | 1475 |
|
be open to
the
public for at least four hours each
weekend, | 1476 |
|
provided that if
only one deputy's office is located
within the | 1477 |
|
boundary of the
county seat, that office is the office
that shall | 1478 |
|
be open for the
four-hour period each weekend, and that
every | 1479 |
|
deputy's office in
each county shall be open to the public
until | 1480 |
|
six-thirty p.m. on
at least one weeknight each week. The
rules | 1481 |
|
also shall include
specifications providing that every
deputy in | 1482 |
|
each county, upon
request, provide any person with
information | 1483 |
|
about the location
and office hours of all deputy
registrars in | 1484 |
|
the county and that
every deputy
prominently display within
the | 1485 |
deputy's
the
deputy registrar's office, the toll-free
telephone | 1486 |
|
number of the bureau.
The
rules shall not prohibit the
award of a | 1487 |
|
deputy registrar
contract
to a
nonprofit corporation
formed under | 1488 |
|
the laws of this
state.
The rules shall
prohibit any
deputy | 1489 |
|
registrar from
operating more
than one such
office at any
time, | 1490 |
|
except that the
rules may permit
a nonprofit
corporation
formed | 1491 |
|
for the purposes
of providing
automobile-related services
to its | 1492 |
|
members or the
public and that
provides such services from
more | 1493 |
|
than one location
in this state
to operate a deputy registrar | 1494 |
|
office at any such
location,
provided that the nonprofit | 1495 |
|
corporation operates no more
than one
deputy registrar office in | 1496 |
|
any one county. The rules may
include
such other specifications
as | 1497 |
| the registrar and director
consider
necessary to provide a high | 1498 |
|
level of service. | 1499 |
| (E) Unless otherwise terminated and except for interim | 1509 |
|
contracts of less than one year, contracts with deputy registrars | 1510 |
|
shall be for a term of at least two years, but no more than three | 1511 |
|
years, and all contracts effective on or after July 1, 1996, shall | 1512 |
|
be for a term of more than two years, but not more than three | 1513 |
|
years. All contracts with deputy registrars shall expire on the | 1514 |
thirtieth daylast Saturday of June in the year of their | 1515 |
|
expiration. The
auditor of state may examine the accounts, | 1516 |
|
reports, systems, and
other data of each deputy registrar at least | 1517 |
|
every two years.
The
registrar, with the approval of the director, | 1518 |
|
shall
immediately
remove a deputy who violates any provision of | 1519 |
|
the
Revised Code
related to
the duties as a deputy, any rule | 1520 |
|
adopted by the
registrar, or a term of
the deputy's contract
with | 1521 |
|
the
registrar.
The registrar also may remove a deputy who, in the | 1522 |
|
opinion of the
registrar, has engaged in any conduct that is | 1523 |
|
either unbecoming
to
one representing this state or is | 1524 |
|
inconsistent with the
efficient
operation of the deputy's office. | 1525 |
Upon removal of a
deputy
registrar for contract violation, the | 1526 |
auditor of state
shall
examine the accounts, records, systems, and | 1527 |
other data of
the
deputy registrar so removed. | 1528 |
| If the registrar, with the approval of the director, | 1529 |
|
determines that there is good cause to believe that a deputy | 1530 |
|
registrar or a person proposing for a deputy registrar contract | 1531 |
|
has engaged in any conduct that would require the denial or | 1532 |
|
termination of the deputy registrar contract, the registrar may | 1533 |
|
require the production of
books, records, and papers as
the | 1534 |
|
registrar determines are necessary, and may take the
depositions | 1535 |
|
of
witnesses residing within or outside the state in
the same | 1536 |
|
manner
as is prescribed by law for the taking of
depositions in | 1537 |
|
civil
actions in the court of common pleas, and for
that purpose | 1538 |
|
the
registrar may issue a subpoena for any witness or
a subpoena | 1539 |
|
duces tecum to compel the production of any books,
records, or | 1540 |
|
papers, directed to the sheriff of the county where
the witness | 1541 |
|
resides or is found. Such a subpoena shall be served
and
returned | 1542 |
|
in the same manner as a subpoena in a criminal case
is
served and | 1543 |
|
returned. The fees and mileage of the sheriff and
witnesses shall | 1544 |
|
be the same as that allowed in the court of
common
pleas in | 1545 |
|
criminal cases and shall be paid from the fund in
the
state | 1546 |
|
treasury for the use of the agency in the same manner
as
other | 1547 |
|
expenses of the agency are paid. | 1548 |
| (F) Except as provided in section 2743.03 of the Revised | 1562 |
|
Code, no court, other than the court of common pleas of Franklin | 1563 |
|
county, has jurisdiction of any action against the department of | 1564 |
|
public safety, the director, the bureau, or the registrar to | 1565 |
|
restrain the exercise of any power or authority, or to
entertain | 1566 |
|
any action for declaratory judgment, in the selection
and | 1567 |
|
appointment of, or contracting with, deputy registrars.
Neither | 1568 |
|
the department, the director, the bureau, nor the
registrar is | 1569 |
|
liable in any action at law for damages sustained by
any person | 1570 |
|
because of any acts of the department, the director,
the bureau, | 1571 |
|
or the registrar,
or of any employee of the
department or bureau, | 1572 |
|
in
the performance of
official duties in
the selection and | 1573 |
|
appointment of, and contracting with, deputy
registrars. | 1574 |
| (G) The registrar shall assign to each deputy registrar a | 1575 |
|
series of numbers sufficient to supply the demand at all times in | 1576 |
|
the area the deputy registrar serves, and the registrar shall
keep | 1577 |
|
a record in
the registrar's office of the numbers
within the | 1578 |
|
series assigned. Each deputy shall be required to give bond in
the | 1579 |
|
amount of at least twenty-five thousand dollars, or in such
higher | 1580 |
| amount as the registrar determines necessary, based on a
uniform | 1581 |
| schedule of bond amounts established by the registrar and | 1582 |
|
determined by the volume of registrations handled by the deputy. | 1583 |
|
The form of the bond shall be prescribed by the registrar. The | 1584 |
|
bonds required of deputy registrars, in the discretion of the | 1585 |
|
registrar, may be individual or schedule bonds or may be included | 1586 |
|
in any blanket bond coverage carried by the department. | 1587 |
| (B) The registrar shall develop and conduct a survey | 1624 |
|
evaluating public satisfaction with the conduct of services by | 1625 |
|
deputy registrars under sections 4503.10, 4503.102, 4503.12, | 1626 |
|
4503.182,
4503.24, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, | 1627 |
|
4519.03,
4519.05,
4519.10, 4519.56, and 4519.69 of the Revised | 1628 |
|
Code. In developing
the survey, the registrar also shall
establish | 1629 |
| standards that
shall enable a deputy registrar to
achieve a ninety | 1630 |
| per cent
satisfaction rating. The ninety per
cent satisfaction | 1631 |
| rate
required under divisions (A)(1) and (2) of
this section as a | 1632 |
|
condition to increasing the service fees shall
be determined on a | 1633 |
|
statewide basis and not on an individual basis.
The registrar | 1634 |
|
shall conduct the survey in 2002 to determine the
satisfaction | 1635 |
|
rating for purposes of division (A)(1) of this
section and shall | 1636 |
|
conduct the survey again in 2003 to determine
the satisfaction | 1637 |
|
rating for purposes of division (A)(2) of this
section. | 1638 |
| "Transit bus" means either a motor vehicle having a seating | 1727 |
|
capacity of more than seven persons which is operated and used by | 1728 |
|
any person in the rendition of a public mass transportation | 1729 |
|
service primarily in a municipal corporation or municipal | 1730 |
|
corporations and provided at least seventy-five per cent of the | 1731 |
|
annual mileage of such service and use is within such municipal | 1732 |
|
corporation or municipal corporations or a motor vehicle having a | 1733 |
|
seating capacity of more than seven persons which is operated | 1734 |
|
solely for the transportation of persons associated with a | 1735 |
|
charitable or nonprofit corporation, but does not mean any motor | 1736 |
|
vehicle having a seating capacity of more than seven persons when | 1737 |
|
such vehicle is used in a ridesharing capacity
or any bus | 1738 |
|
described by division (F)(3) of this section. | 1739 |
(K)(J)(1) Except as otherwise provided in division
(K)(J) of | 1758 |
|
this section, for each farm truck, except a noncommercial motor | 1759 |
|
vehicle, that is owned, controlled, or operated by one or more | 1760 |
|
farmers exclusively in farm use as defined in this section, and | 1761 |
|
not for commercial purposes, and provided that at least | 1762 |
|
seventy-five per cent of such farm use is by or for the one or | 1763 |
|
more owners, controllers, or operators of the farm in the | 1764 |
|
operation of which a farm truck is used, the license tax is five | 1765 |
|
dollars plus: | 1766 |
(O)(N) Every person registering as a passenger car a motor | 1849 |
|
vehicle designed and used for carrying more than nine but not
more | 1850 |
|
than fifteen passengers, and every person registering a bus
as | 1851 |
provided in division
(H)(8)(G) of this section, shall furnish an | 1852 |
|
affidavit certifying that the vehicle so licensed to the
person is | 1853 |
|
to be
used in a ridesharing arrangement and that the person will | 1854 |
|
have in effect
whenever the vehicle is used in a ridesharing | 1855 |
|
arrangement a
policy of liability insurance with respect to the | 1856 |
|
motor vehicle
in amounts and coverages no less than those required | 1857 |
|
by section
4509.79 of the Revised Code. The form of the license | 1858 |
|
plate
issued for such a motor vehicle shall be prescribed by the | 1859 |
|
registrar. | 1860 |
| (3) "Farm truck" means a truck used in the transportation | 1868 |
|
from the farm of products of the farm, including livestock and
its | 1869 |
|
products, poultry and its products, floricultural and | 1870 |
|
horticultural products, and in the transportation to the farm of | 1871 |
|
supplies for the farm, including tile, fence, and every other | 1872 |
|
thing or commodity used in agricultural, floricultural, | 1873 |
|
horticultural, livestock, and poultry production and livestock, | 1874 |
|
poultry, and other animals and things used for breeding, feeding, | 1875 |
|
or other purposes connected with the operation of the farm. | 1876 |
| Sec. 4503.041. (A) The original owner of any trailer weighing | 1884 |
|
four thousand
pounds
or less and used exclusively for | 1885 |
noncommercial purposes
shall, upon
application
for initial | 1886 |
|
registration,
shall obtain and present such evidence of the | 1887 |
|
trailer's
weight as the registrar
of motor vehicles may require. | 1888 |
|
Whenever an application for registration
other than an initial | 1889 |
|
application by the original owner is made for a trailer
to which | 1890 |
|
this section applies, the application shall be accompanied by an | 1891 |
|
affidavit, prescribed by the registrar and signed by the present | 1892 |
|
owner,
stating
that the weight of the trailer is the same as that | 1893 |
|
indicated by the evidence
obtained and presented for initial | 1894 |
|
registration by the original owner, and no
other evidence of | 1895 |
|
weight shall be required. This section does not apply to the
owner | 1896 |
| of a boat trailer being registered in accordance with
section | 1897 |
| 4503.173 of
the Revised Code. | 1898 |
| (C) In addition to the license taxes imposed at the rates | 2002 |
|
specified in divisions (A) and (B) of this section, an | 2003 |
administrative fee of twothree dollars and twenty-five cents, | 2004 |
| plus an
appropriate amount to cover the cost of postage, shall be | 2005 |
|
collected by the registrar for each international registration | 2006 |
|
plan license processed by the registrar. If the deputy registrar | 2007 |
| fees are increased on January 1, 2004, in accordance with section | 2008 |
| 4503.034 of the Revised Code, the administrative fee collected | 2009 |
| under this section is three dollars and fifty cents, commencing on | 2010 |
| that date, plus postage. | 2011 |
| Sec. 4503.10. (A) The owner of every snowmobile,
off-highway | 2030 |
| motorcycle,
and
all-purpose vehicle required to be
registered | 2031 |
| under section
4519.02 of the Revised
Code shall file an | 2032 |
|
application
for registration under section 4519.03 of the
Revised | 2033 |
|
Code. The owner of a motor
vehicle, other than a snowmobile, | 2034 |
|
off-highway motorcycle, or
all-purpose vehicle, that is not | 2035 |
|
designed and constructed by the
manufacturer for operation on a | 2036 |
|
street or highway may not
register it under this chapter except | 2037 |
|
upon certification of
inspection pursuant to section 4513.02 of | 2038 |
|
the
Revised
Code by the sheriff, or the chief of
police of the | 2039 |
|
municipal corporation or township, with jurisdiction
over the | 2040 |
|
political
subdivision in which the owner of the motor
vehicle | 2041 |
|
resides.
Except as provided in section 4503.103
of the Revised | 2042 |
|
Code, every
owner of every other motor vehicle
not previously | 2043 |
|
described in
this section and every
person mentioned as owner in | 2044 |
|
the last
certificate of title of a motor vehicle
that
is operated | 2045 |
|
or driven
upon the public roads or highways shall
cause to be | 2046 |
|
filed each
year, by mail or otherwise, in the office
of the | 2047 |
|
registrar of
motor vehicles or a deputy registrar, a
written or | 2048 |
|
electronic
application or a preprinted registration renewal
notice | 2049 |
|
issued
under section 4503.102 of the Revised Code, the form of | 2050 |
|
which
shall be prescribed by the registrar, for registration for | 2051 |
|
the
following registration year, which shall begin on the first | 2052 |
|
day of
January of every calendar year and end on the thirty-first | 2053 |
|
day of
December in the same year. Applications for registration | 2054 |
|
and
registration renewal notices shall be filed at the times | 2055 |
|
established by the registrar pursuant to section 4503.101 of the | 2056 |
|
Revised Code. A motor vehicle owner also may elect to apply for
or | 2057 |
| renew a
motor
vehicle registration by electronic means using | 2058 |
|
electronic
signature in
accordance with rules adopted by the | 2059 |
|
registrar.
Except
as provided in division (J) of this
section, | 2060 |
|
applications
for registration shall be made on blanks
furnished by | 2061 |
|
the
registrar for that purpose, containing the
following | 2062 |
|
information: | 2063 |
| (6) Whether the fees required to be paid for the
registration | 2085 |
| or transfer of the motor vehicle, during the
preceding | 2086 |
| registration year and during the preceding period of
the
current | 2087 |
| registration year, have been paid. Each application
for | 2088 |
|
registration shall be signed by the owner, either
manually or by | 2089 |
|
electronic signature, or pursuant to
obtaining a limited power of | 2090 |
|
attorney authorized by the registrar for
registration, or other | 2091 |
|
document authorizing such signature. If the owner
elects to apply | 2092 |
|
for or renew
the motor vehicle registration with the registrar by | 2093 |
|
electronic
means, the owner's manual signature is not required. | 2094 |
| (B) Each time an applicant first registers a motor
vehicle
in | 2103 |
| the applicant's name, the
applicant shall present for
inspection a | 2104 |
| physical
certificate of title or memorandum
certificate
showing | 2105 |
| title to
the motor vehicle to be registered in
the name of the | 2106 |
|
applicant if a physical certificate of title or
memorandum | 2107 |
| certificate has been issued by a clerk of a court of
common pleas. | 2108 |
| If, under sections 4505.021, 4505.06, and 4505.08
of the Revised | 2109 |
| Code, a clerk instead has issued an electronic
certificate of | 2110 |
| title for the applicant's motor vehicle, that
certificate may be | 2111 |
| presented for inspection at the time of first
registration in a | 2112 |
| manner prescribed by rules adopted by the
registrar. When a
motor | 2113 |
| vehicle inspection and maintenance
program is in effect
under | 2114 |
| section 3704.14 of the Revised Code and
rules adopted under
it, | 2115 |
| each application for registration for a
vehicle required to
be | 2116 |
| inspected under that section and those
rules shall be
accompanied | 2117 |
| by an inspection certificate for the
motor vehicle
issued in | 2118 |
| accordance with that section. The
application shall be
refused if | 2119 |
| any of the following applies: | 2120 |
| This section does not require the payment of license or | 2137 |
|
registration taxes on a motor vehicle for any preceding year, or | 2138 |
|
for any preceding period of a year, if the motor vehicle was not | 2139 |
|
taxable for that preceding year or period under sections 4503.02, | 2140 |
|
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the | 2141 |
|
Revised Code. When a certificate of registration is issued upon | 2142 |
|
the first registration of a motor vehicle by or on behalf of the | 2143 |
|
owner, the official issuing the certificate shall indicate the | 2144 |
|
issuance with a stamp on the certificate of title or memorandum | 2145 |
|
certificate or, in the case of an electronic certificate of title, | 2146 |
|
an electronic stamp or other notation as specified in rules | 2147 |
|
adopted by the registrar, and with a stamp on the inspection | 2148 |
|
certificate for the motor
vehicle, if any. The official also
shall | 2149 |
| indicate, by a stamp or
by other means the registrar
prescribes, | 2150 |
| on the
registration certificate issued upon the first
registration | 2151 |
| of a
motor vehicle by or on behalf of the owner the
odometer | 2152 |
| reading
of
the motor vehicle as shown in the odometer
statement | 2153 |
| included
in
or attached to the certificate of title.
Upon each | 2154 |
| subsequent
registration of the motor vehicle by or on
behalf of | 2155 |
| the same
owner, the official also shall so indicate the
odometer | 2156 |
| reading
of
the motor vehicle as shown on the immediately
preceding | 2157 |
|
certificate of registration. | 2158 |
| (C)(1) Commencing with each registration renewal with an | 2164 |
| expiration date on or after October 1, 2003, and for each initial | 2165 |
| application for registration received on and after that date, the | 2166 |
| registrar and each deputy registrar shall collect an additional | 2167 |
| fee of eleven dollars for each application for registration and | 2168 |
| registration renewal received. The additional fee is for the | 2169 |
| purpose of defraying the department of public safety's costs | 2170 |
| associated with the administration and enforcement of the motor | 2171 |
| vehicle and traffic laws of Ohio. Each deputy registrar shall | 2172 |
| transmit the fees collected under division (C)(1) of this section | 2173 |
| in the time and manner provided in this section. The registrar | 2174 |
| shall deposit all moneys received under division (C)(1) of this | 2175 |
| section into the state highway safety fund established in section | 2176 |
| 4501.06 of the Revised Code. | 2177 |
| (2) In addition, a charge of twenty-five cents shall be
made | 2178 |
|
for each reflectorized safety license plate issued, and a single | 2179 |
|
charge
of twenty-five cents shall be made for each county | 2180 |
|
identification sticker
or each set of county
identification | 2181 |
|
stickers issued, as the case may be, to cover the cost
of | 2182 |
|
producing the license plates and
stickers, including material, | 2183 |
|
manufacturing, and administrative costs. Those
fees shall be in | 2184 |
|
addition to the
license tax. If the total cost of producing the | 2185 |
|
plates is less
than twenty-five cents per plate, or if the total | 2186 |
|
cost of
producing the stickers is less than twenty-five cents per | 2187 |
|
sticker or
per set issued, any excess moneys accruing from the | 2188 |
|
fees shall be distributed
in the same manner as provided by | 2189 |
|
section 4501.04 of the Revised
Code for the distribution of | 2190 |
|
license tax moneys. If the total
cost of producing the plates | 2191 |
|
exceeds twenty-five cents per plate,
or if the total cost of | 2192 |
|
producing the stickers exceeds
twenty-five cents per sticker or | 2193 |
|
per set issued, the difference shall
be paid from the
license tax | 2194 |
|
moneys collected pursuant to section 4503.02 of the
Revised Code. | 2195 |
| (D) Each deputy registrar shall be allowed a fee of
two | 2196 |
|
dollars and
seventy-five cents
commencing on July 1,
2001, three | 2197 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 2198 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 2199 |
|
each application for
registration and registration
renewal notice | 2200 |
|
the
deputy registrar receives,
which shall be for
the purpose of | 2201 |
|
compensating the deputy
registrar for the deputy
registrar's | 2202 |
|
services, and such
office and rental expenses,
as may
be necessary | 2203 |
|
for the proper discharge of the deputy registrar's
duties in the | 2204 |
|
receiving of applications and renewal notices and
the issuing of | 2205 |
|
registrations. | 2206 |
| (F) Each deputy registrar, upon receipt of any application | 2210 |
|
for
registration or registration renewal notice, together with the | 2211 |
|
license fee and any
local motor
vehicle license tax levied | 2212 |
|
pursuant to Chapter 4504. of the
Revised Code, shall transmit that | 2213 |
|
fee and tax, if any, in the
manner provided in this section, | 2214 |
|
together with the original and
duplicate copy of the application, | 2215 |
|
to the registrar. The
registrar, subject to the approval of the | 2216 |
|
director of public
safety, may deposit the funds collected by | 2217 |
|
those deputies in a
local bank or depository to the credit of the | 2218 |
|
"state of Ohio,
bureau of motor vehicles." Where a local bank or | 2219 |
|
depository
has been designated by the registrar, each deputy | 2220 |
|
registrar shall deposit
all moneys collected by the deputy | 2221 |
|
registrar into that bank
or depository not more than one business | 2222 |
|
day after their collection and shall
make
reports to the registrar | 2223 |
|
of the amounts so deposited, together
with any other information, | 2224 |
|
some of which may be prescribed by
the treasurer of state, as the | 2225 |
|
registrar may require and as
prescribed by the registrar by rule. | 2226 |
|
The registrar, within three
days after receipt of notification of | 2227 |
|
the deposit of funds by a
deputy registrar in a local bank or | 2228 |
|
depository, shall draw on that
account
in favor of the treasurer | 2229 |
|
of state. The registrar, subject to
the approval of the director | 2230 |
|
and the treasurer of state, may make
reasonable rules necessary | 2231 |
|
for the prompt transmittal of fees and
for safeguarding the | 2232 |
|
interests of the state and of counties,
townships, municipal | 2233 |
|
corporations, and transportation
improvement districts levying | 2234 |
|
local motor vehicle license taxes.
The
registrar may
pay
service | 2235 |
|
charges usually collected by banks and depositories for
such | 2236 |
|
service. If deputy registrars are located in
communities where | 2237 |
|
banking facilities are not available, they shall transmit the
fees | 2238 |
|
forthwith, by money order or otherwise, as the registrar, by
rule | 2239 |
|
approved by the director and the treasurer of state, may | 2240 |
|
prescribe. The registrar may pay the usual and customary fees
for | 2241 |
|
such service. | 2242 |
| (I)(1) Where applicable, the requirements of division (B)
of | 2256 |
|
this section relating to the presentation of an inspection | 2257 |
|
certificate issued under section 3704.14 of the Revised Code and | 2258 |
|
rules adopted under it for a motor vehicle, the refusal of a | 2259 |
|
license for failure to present an inspection certificate, and the | 2260 |
|
stamping of the inspection certificate by the official issuing
the | 2261 |
|
certificate of registration apply to the registration of and | 2262 |
|
issuance of license plates for a motor vehicle under sections | 2263 |
|
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, | 2264 |
|
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, | 2265 |
|
4503.47, and 4503.51 of the Revised Code. | 2266 |
| (b) Upon request, the registrar shall provide the director
of | 2275 |
| environmental protection, or any person that has been awarded
a | 2276 |
|
contract under division (D) of section 3704.14 of the Revised | 2277 |
|
Code, an on-line computer data link to registration information | 2278 |
|
for all passenger cars, noncommercial motor vehicles, and | 2279 |
|
commercial cars that are subject to that section. The registrar | 2280 |
|
also shall provide to the director of environmental protection a | 2281 |
|
magnetic data tape containing registration information regarding | 2282 |
|
passenger cars, noncommercial motor vehicles, and commercial cars | 2283 |
|
for which a multi-year registration is in effect under section | 2284 |
|
4503.103 of the Revised Code or rules adopted under it,
including, | 2285 |
|
without limitation, the date of issuance of the
multi-year | 2286 |
|
registration, the registration deadline established
under rules | 2287 |
|
adopted under section 4503.101 of the Revised Code
that was | 2288 |
|
applicable in the year in which the multi-year
registration was | 2289 |
|
issued, and the registration deadline for
renewal of the | 2290 |
|
multi-year registration. | 2291 |
| (1) If a statutory merger or consolidation results in the | 2307 |
|
transfer of ownership of a motor vehicle from a constituent | 2308 |
|
corporation to the surviving corporation, or if the
incorporation | 2309 |
|
of a proprietorship or partnership results in the
transfer of | 2310 |
|
ownership of a motor vehicle from the proprietorship
or | 2311 |
|
partnership to the corporation, the registration shall be | 2312 |
|
continued upon the filing by the surviving or new corporation, | 2313 |
|
within thirty days of such transfer, of an application for an | 2314 |
amended certificate of registration, unless such registration is | 2315 |
prohibited by division (D) of section 2935.27, division (A) of | 2316 |
section
2937.221, division (B) of section 4507.168, or division | 2317 |
(B)(1) of section
4521.10 of the Revised
Code. The application | 2318 |
shall be accompanied by a service fee of
two dollars and
| 2319 |
seventy-five cents
commencing on July 1, 2001, three
dollars and | 2320 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 2321 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 2322 |
one dollar,
and the original certificate of
registration. Upon a | 2323 |
|
proper
filing, the registrar of motor
vehicles shall issue an | 2324 |
|
amended
certificate of registration in the
name of the new owner. | 2325 |
| (2) If the death of the owner of a motor vehicle results
in | 2326 |
|
the transfer of ownership of the motor vehicle to the
surviving | 2327 |
|
spouse of the owner or if a motor vehicle is owned by
two persons | 2328 |
|
under joint ownership with right of survivorship
established under | 2329 |
|
section
2131.12 of the Revised Code and one of
those
persons
dies, | 2330 |
|
the registration shall be continued upon the
filing
by the
| 2331 |
|
survivor of an application for an amended
certificate of | 2332 |
registration, unless such registration is
prohibited by division | 2333 |
(D) of section 2935.27,
division (A) of
section
2937.221, division | 2334 |
(A) of section 4503.13, division
(B) of
section
4510.22,
or | 2335 |
division (B)(1) of section
4521.10 of the
Revised
Code. The | 2336 |
application shall be accompanied by a service
fee of
two dollars | 2337 |
and
seventy-five cents
commencing on July 1,
2001,
three dollars | 2338 |
and twenty-five cents commencing on January 1,
2003,
and three | 2339 |
dollars and fifty cents commencing on January 1,
2004, a
transfer | 2340 |
fee of one dollar,
the original certificate of
registration, and, | 2341 |
in. In relation to a
motor vehicle that is owned by
two persons | 2342 |
| under
joint ownership
with right of survivorship
established under | 2343 |
|
section
2131.12 of
the Revised Code, the application shall be | 2344 |
| accompanied by
a copy
of the certificate
of title that
specifies | 2345 |
| that the vehicle
is
owned under joint
ownership with
right of | 2346 |
| survivorship. Upon a
proper filing, the
registrar shall
issue an | 2347 |
| amended certificate of
registration in
the name of the
survivor. | 2348 |
| (3)
If the death of the owner of a motor vehicle results
in | 2349 |
|
the transfer of ownership of the motor vehicle to a | 2350 |
|
transfer-on-death beneficiary or beneficiaries designated under | 2351 |
|
section 2131.13 of the Revised Code, the registration shall be | 2352 |
|
continued upon the filing by the transfer-on-death beneficiary or | 2353 |
|
beneficiaries of an application for an amended certificate of | 2354 |
registration, unless that registration is prohibited by division | 2355 |
(D) of section 2935.27, division (A) of section 2937.221, division | 2356 |
(A) of section 4503.13, division (B) of section
4510.22,
or | 2357 |
division (B)(1) of section 4521.10 of the Revised Code. The | 2358 |
application shall be accompanied by a service fee of two dollars | 2359 |
and seventy-five cents commencing on July 1, 2001, three dollars | 2360 |
and twenty-five cents commencing on January 1, 2003, and three | 2361 |
dollars and fifty cents commencing on January 1, 2004, a transfer | 2362 |
fee of one dollar, the original certificate of registration, and a | 2363 |
|
copy of the certificate of title that specifies that the owner of | 2364 |
|
the motor vehicle has designated the motor vehicle in beneficiary | 2365 |
|
form under section 2131.13 of the Revised Code. Upon a proper | 2366 |
|
filing, the registrar shall issue an amended certificate of | 2367 |
|
registration in the name of the transfer-on-death beneficiary or | 2368 |
|
beneficiaries. | 2369 |
| (4) If the original owner of a motor vehicle that has
been | 2370 |
|
transferred makes application for the registration of another | 2371 |
|
motor vehicle at any time during the remainder of the
registration | 2372 |
|
period for which the transferred motor vehicle was
registered, the | 2373 |
owner, unless such registration is prohibited by
division (D) of | 2374 |
section 2935.27, division (A) of section 2937.221, division
(A) of | 2375 |
section 4503.13, division
(E) of section 4503.234,
division (B) of | 2376 |
section
4510.22, or division (B)(1) of section 4521.10 of
the | 2377 |
Revised
Code, may file an application for transfer of the | 2378 |
registration
and, where applicable, the license plates, | 2379 |
accompanied by a
service fee of
two dollars and
seventy-five
cents | 2380 |
commencing on July 1, 2001, three dollars and
twenty-five
cents | 2381 |
commencing on January 1, 2003, and three dollars
and fifty
cents | 2382 |
commencing on January 1, 2004, a transfer fee
of
one dollar,
and | 2383 |
the original certificate of registration. The
transfer of the | 2384 |
|
registration and, where applicable, the license
plates from the | 2385 |
|
motor vehicle for which they originally were
issued to a | 2386 |
|
succeeding motor vehicle purchased by the same person
in whose | 2387 |
|
name the original registration and license plates were
issued | 2388 |
|
shall be done within a period not to exceed thirty days.
During | 2389 |
|
that thirty-day period, the license plates from the motor
vehicle | 2390 |
|
for which they originally were issued may be displayed on
the | 2391 |
|
succeeding motor
vehicle, and the succeeding motor vehicle may
be | 2392 |
|
operated on the public roads
and highways in this state. | 2393 |
| At the time of application for transfer, the registrar shall | 2394 |
|
compute and collect the amount of tax due on the succeeding motor | 2395 |
|
vehicle, based upon the amount that would be due on a new | 2396 |
|
registration as of the date on which the transfer is made less a | 2397 |
|
credit for the unused portion of the original registration | 2398 |
|
beginning on that date. If the credit exceeds the amount of tax | 2399 |
|
due on the new registration, no refund shall be made. In
computing | 2400 |
| the amount of tax due and credits to be allowed under
this | 2401 |
| division, the provisions of division (B)(1)(a) and (b) of
section | 2402 |
| 4503.11
of the Revised Code shall apply. As to passenger
cars, | 2403 |
|
noncommercial vehicles, motor homes, and motorcycles,
transfers | 2404 |
|
within or between these classes of motor vehicles only
shall be | 2405 |
|
allowed. If the succeeding motor vehicle is of a
different class | 2406 |
|
than the motor vehicle for which the registration
originally was | 2407 |
|
issued, new license plates also shall be issued
upon the
surrender | 2408 |
| of the license plates originally issued and
payment of
the fees | 2409 |
|
provided in divisions (C) and (D) of section
4503.10 of the | 2410 |
|
Revised Code. | 2411 |
| (5) The owner of a commercial car having a gross vehicle | 2412 |
|
weight or combined gross vehicle weight of more than ten thousand | 2413 |
|
pounds may transfer the registration of that commercial car to | 2414 |
|
another commercial car the owner owns without transferring | 2415 |
ownership
of
the first commercial car, unless registration of the | 2416 |
second
commercial car is prohibited by division (D) of section | 2417 |
2935.27, division (A)
of section 2937.221, division (A) of section | 2418 |
4503.13,
division (B) of section 4507.168, or division (B)(1) of | 2419 |
section 4521.10
of the Revised Code. At any time during the | 2420 |
|
remainder of the
registration period for which the first | 2421 |
|
commercial car was
registered, the owner may file an application | 2422 |
|
for the transfer of
the registration and, where applicable, the | 2423 |
license plates,
accompanied by a service fee of
two dollars and
| 2424 |
seventy-five
cents
commencing on July 1, 2001, three
dollars and | 2425 |
twenty-five cents commencing on January 1, 2003, and
three dollars | 2426 |
and fifty cents commencing on January 1, 2004, a
transfer fee of | 2427 |
one dollar, and the certificate of
registration of
the first | 2428 |
|
commercial car. The amount of any tax
due or credit to
be allowed | 2429 |
|
for a transfer of registration under
this division
shall be | 2430 |
|
computed in accordance with division
(A)(4)
of this section. | 2431 |
| (6) Upon application to the registrar or a deputy
registrar, | 2436 |
|
a person who owns or leases a
motor vehicle may
transfer
special | 2437 |
|
license plates assigned to that vehicle to any
other
vehicle that | 2438 |
|
the person owns or leases or that is owned or
leased by the | 2439 |
person's spouse. The application shall be
accompanied by a
service | 2440 |
fee of
two dollars and
seventy-five
cents
commencing on
July 1, | 2441 |
2001, three dollars and twenty-five
cents
commencing on
January 1, | 2442 |
2003, and three dollars and fifty
cents
commencing on
January 1, | 2443 |
2004, a transfer fee of one dollar,
and
the original
certificate | 2444 |
of registration. As appropriate,
the
application also
shall be | 2445 |
| accompanied by a power of attorney
for
the registration
of a | 2446 |
| leased vehicle and a written statement
releasing the special | 2447 |
|
plates to the applicant. Upon a proper
filing, the registrar or | 2448 |
|
deputy registrar shall assign the
special
license plates to the | 2449 |
|
motor vehicle owned or leased by
the
applicant and issue a new | 2450 |
|
certificate of registration for
that
motor vehicle. | 2451 |
| Upon receipt of such a report, the registrar shall enter the | 2491 |
| information
contained in the report into the records of the bureau | 2492 |
| of motor vehicles.
Neither the registrar nor any deputy registrar | 2493 |
| shall issue a certificate of
registration for a motor vehicle | 2494 |
| owner or lessee, when a lessee is
determinable under procedures | 2495 |
|
established by the registrar under division (E) of this section, | 2496 |
|
who is named in the
report until the registrar receives | 2497 |
| notification from the municipal court or
county court that there | 2498 |
| are no
outstanding arrest warrants in the name of the person. The | 2499 |
| registrar also
shall send a notice to the person who is named in | 2500 |
| the report, via regular
first class mail sent to the person's last | 2501 |
| known address as shown in the
records of the bureau, informing the | 2502 |
| person that neither the registrar nor any
deputy registrar is | 2503 |
| permitted to issue a certificate of registration for a
motor | 2504 |
| vehicle in the name of the person until the registrar receives | 2505 |
|
notification that there are no outstanding arrest warrants in the | 2506 |
| name of the
person. | 2507 |
| Sec. 4503.231.
(A) No motor vehicle registered in the name | 2541 |
|
of
a person whose certificate of registration and identification | 2542 |
|
license plates have been impounded as provided by division
(B)(1) | 2543 |
|
of section 4507.02 of the Revised Code, shall be
operated
on any | 2544 |
|
highway in this state unless it displays
restricted license
plates
| 2545 |
|
that are a
different color from
those regularly issued and
carry a | 2546 |
| special
serial number that may
be readily identified by
law | 2547 |
| enforcement
officers. The registrar
of motor vehicles shall | 2548 |
|
designate the
color and serial number to
be used on
restricted | 2549 |
|
license
plates, which shall remain
the same from
year to year and | 2550 |
|
shall
not be displayed on any other motor
vehicles. | 2551 |
(1) Ifthe person may operate a motor vehicle to be driven | 2565 |
under the limited
driving
privilegesthat is owned by the person's | 2566 |
employer andonly if the
person is
required to operate that motor | 2567 |
vehicle in the course and
scope of the
person's employment, the. | 2568 |
| Such a person may operate that
vehicle without
displaying on that | 2569 |
| vehicle restricted license
plates that are
issued under this | 2570 |
| section if the employer has been
notified that
the person has | 2571 |
| limited driving
privileges and of the
nature of the
restriction | 2572 |
| and if the person has proof of the
employer's notification in the | 2573 |
|
person's possession
while operating
the employer's vehicle for | 2574 |
| normal business duties. A motor
vehicle owned by a
business that | 2575 |
| is partly or entirely owned or
controlled by the
person with the | 2576 |
| limited driving privileges is
not a motor vehicle
owned by an | 2577 |
| employer, for purposes of this
division. | 2578 |
(2) If a motor vehicle to be driven under the limited
driving | 2579 |
privileges is registered in a state other than this state,
instead | 2580 |
of
displaying on that vehicle restricted license plates
that are | 2581 |
issued
under this section, the person with the limited
driving | 2582 |
privileges
shall display on the vehicle a decal, as
prescribed by | 2583 |
the
registrar of motor vehicles, that states that
the vehicle is | 2584 |
subject to limited driving privileges in this state
and that | 2585 |
describes the restriction. The decal shall be displayed
on the | 2586 |
bottom left corner
of the back window of the vehicle or, if
there | 2587 |
is no back window, on the bottom left corner of the
windshield of | 2588 |
the vehicle. The bureau of motor
vehicles shall
adopt rules | 2589 |
providing for the decentralization of the issuance of
the decals | 2590 |
described
in this division, with the rules providing
for the | 2591 |
issuance of the
decals by at least one agency in each
county. | 2592 |
| Sec. 4503.24. (A) The owner of a chauffeured limousine, upon | 2595 |
|
compliance with the motor vehicle laws relating to the | 2596 |
|
registration and licensing of motor vehicles, upon payment of the | 2597 |
|
regular license tax as prescribed under section 4503.04 of the | 2598 |
|
Revised Code, any tax levied under Chapter 4504. of the Revised | 2599 |
Code,
and an additional fee of seven dollars and fifty cents,
and | 2600 |
|
the fee specified in division (C) of this section, if applicable, | 2601 |
|
and
upon compliance with section 4509.80 of the Revised Code, | 2602 |
|
shall
be issued appropriate vehicle registration and a set of | 2603 |
|
license
plates and a validation sticker, or a validation sticker | 2604 |
|
alone
when required by section 4503.191 of the Revised Code. The | 2605 |
owner
shall also belicense plates issued an additional license | 2606 |
plate sticker
that
bearsunder this section shall bear the word | 2607 |
"livery." The livery licenseprinted at the bottom of the plate | 2608 |
sticker
issued
under this section shall be of a different color or | 2609 |
shade
each
year, the new. The color or shade toof the word shall | 2610 |
| be selected by the director
of
public safety. The additional fee | 2611 |
| shall be for the purpose of
compensating the bureau of motor | 2612 |
| vehicles for additional services
required in the issuing of such | 2613 |
| licenses and shall be transmitted
by the registrar of motor | 2614 |
| vehicles to the treasurer of state for
deposit in the state bureau | 2615 |
| of motor vehicles fund created by
section
4501.25 of the Revised | 2616 |
| Code. | 2617 |
| (B) Any organization or person with a disability that limits | 2663 |
|
or
impairs the
ability to walk may
apply to the registrar of motor | 2664 |
|
vehicles for a removable windshield placard
or, if the person owns | 2665 |
|
or leases a motor vehicle, the person
may apply for the | 2666 |
|
registration of any motor vehicle the person
owns or leases. In | 2667 |
|
addition to one or more sets of license plates or one placard, a | 2668 |
|
person with a
disability that limits or impairs the ability to | 2669 |
|
walk
is entitled to one additional placard, but only if the person | 2670 |
|
applies
separately for the additional placard, states the reasons | 2671 |
|
why
the additional placard is needed, and the registrar, in the | 2672 |
|
registrar's discretion, determines that good and justifiable
cause | 2673 |
|
exists to approve the request for the additional
placard. When a | 2674 |
|
motor vehicle has been altered for the purpose of providing it | 2675 |
|
with special equipment for a person with a disability that limits | 2676 |
|
or impairs
the ability to walk, but is
owned or leased by someone | 2677 |
|
other than such a person, the owner or lessee may
apply to the | 2678 |
|
registrar or a deputy registrar for registration under
this | 2679 |
|
section. The application for registration of a motor vehicle
owned | 2680 |
| or leased by a person
with a disability that limits or
impairs the | 2681 |
| ability to walk shall be
accompanied by
a signed
statement from | 2682 |
| the applicant's personal physician or
chiropractor
certifying that | 2683 |
| the applicant meets at least one of the
criteria
contained in | 2684 |
| division (A)(1) of this section and that the
disability is | 2685 |
| expected to continue for more than six consecutive
months.
The | 2686 |
| application for a removable windshield placard made
by
a person | 2687 |
| with a disability that limits or impairs the ability
to
walk shall | 2688 |
| be accompanied by a prescription from the
applicant's
personal | 2689 |
| physician or chiropractor prescribing such a
placard for the | 2690 |
applicant, and by a signed statement certifyingprovided
that the | 2691 |
| applicant meets at
least one of the criteria contained in
division | 2692 |
|
(A)(1) of this section. The physician or chiropractor
shall state | 2693 |
| on
the prescription the length of time the
physician
or | 2694 |
| chiropractor expects the applicant to have the disability that | 2695 |
|
limits or impairs the applicant's ability to
walk. The
application | 2696 |
| for a removable windshield placard made by an
organization shall | 2697 |
| be accompanied by such documentary evidence of
regular transport | 2698 |
| of persons with disabilities that limit or
impair the
ability to | 2699 |
| walk by the organization as
the registrar
may require by rule and | 2700 |
| shall be completed in
accordance with
procedures that the | 2701 |
| registrar may require by
rule. The
application for registration of | 2702 |
| a motor vehicle that
has been
altered for the purpose of providing | 2703 |
| it with special
equipment for
a person with a disability that | 2704 |
| limits or impairs the ability to
walk but is owned by someone | 2705 |
| other
than such a person shall be
accompanied by such
documentary | 2706 |
| evidence of vehicle alterations as
the registrar may
require by | 2707 |
| rule. | 2708 |
| (C) When an organization, a person with a
disability that | 2709 |
|
limits or impairs the ability to walk, or a person who does
not | 2710 |
|
have a disability that limits or impairs the ability to walk but | 2711 |
|
owns a
motor vehicle
that has been altered for the purpose of | 2712 |
|
providing it with special equipment
for a person with a disability | 2713 |
|
that limits or impairs the ability to walk
first submits an | 2714 |
|
application for registration of a
motor vehicle under this section | 2715 |
|
and every fifth
year thereafter, the organization or person shall | 2716 |
|
submit
a signed statement from the applicant's personal physician | 2717 |
|
or chiropractor, a
completed application, and any required | 2718 |
|
documentary
evidence of vehicle alterations as provided in | 2719 |
|
division (B) of this section,
and also a power of attorney from | 2720 |
|
the owner of
the motor vehicle if the applicant leases the | 2721 |
|
vehicle. Upon submission of
these
items, the registrar or deputy | 2722 |
|
registrar shall issue to the applicant
appropriate vehicle | 2723 |
|
registration and a set of license plates and validation
stickers, | 2724 |
|
or validation stickers alone when required by section 4503.191 of | 2725 |
|
the Revised Code. In addition to the letters and numbers | 2726 |
|
ordinarily inscribed thereon, the license plates shall be | 2727 |
|
imprinted with the international symbol of access. The license | 2728 |
|
plates and validation stickers shall be issued upon payment of
the | 2729 |
|
regular license fee as prescribed under section 4503.04 of
the | 2730 |
|
Revised Code and any motor vehicle tax levied under Chapter
4504. | 2731 |
|
of the Revised Code, and the payment of a service
fee equal to the | 2732 |
|
amount specified in division (D) or (G) of section 4503.10 of
the | 2733 |
|
Revised Code. | 2734 |
| (D)(1) Upon receipt of a completed and signed
application
for | 2735 |
| a
removable windshield placard,
a prescription as described in | 2736 |
|
division (B) of this section, documentary
evidence of regular | 2737 |
|
transport of persons with disabilities that limit or
impair the | 2738 |
|
ability to walk, if
required, and
payment of a service fee equal | 2739 |
|
to the amount specified in division (D) or (G)
of section 4503.10 | 2740 |
|
of the Revised Code,
the registrar or deputy registrar
shall issue | 2741 |
|
to the
applicant a removable windshield placard, which shall bear | 2742 |
|
the date of
expiration on both sides of the placard and
shall
be | 2743 |
|
valid until expired, revoked, or
surrendered. Every removable | 2744 |
|
windshield placard expires as described in
division (D)(2) of this | 2745 |
|
section, but in no case shall a removable windshield placard be | 2746 |
|
valid for a
period of less than sixty days. Removable windshield | 2747 |
|
placards shall be
renewable upon application as
provided in | 2748 |
|
division (B) of this section, and a service fee equal to the | 2749 |
|
amount specified in division (D) or (G) of section 4503.10 of the | 2750 |
|
Revised Code
shall be charged for the renewal of a removable | 2751 |
|
windshield placard. The
registrar shall provide the application | 2752 |
|
form and shall determine
the information to be included thereon. | 2753 |
|
The registrar also
shall determine the form and size of the | 2754 |
|
removable windshield placard, the
material of which it is to be | 2755 |
|
made, and any other
information to be included thereon, and shall | 2756 |
|
adopt rules
relating to the issuance, expiration, revocation, | 2757 |
|
surrender, and
proper display of such placards.
Any placard
issued | 2758 |
| after
October 14, 1999, shall be manufactured in a manner
that | 2759 |
| allows the expiration
date of the placard to be indicated on
it | 2760 |
| through
the punching, drilling, boring, or creation by any
other | 2761 |
| means
of holes in the placard. | 2762 |
| (2) At the time a removable windshield placard is
issued to
a | 2763 |
| person with a disability that limits or impairs the
ability to | 2764 |
|
walk, the registrar or deputy registrar shall enter
into the | 2765 |
|
records of the bureau of motor vehicles the last date
on which the | 2766 |
|
person will have that disability, as indicated on
the accompanying | 2767 |
|
prescription. Not less than thirty days prior
to that date and
all | 2768 |
| removable windshield placard renewal dates, the bureau
shall
send | 2769 |
| a renewal notice to that
person at the person's last known
address | 2770 |
| as shown in the
records of the bureau, informing the
person that | 2771 |
| the person's
removable windshield placard will expire
on the | 2772 |
| indicated date not to exceed
five years from the date of
issuance, | 2773 |
|
and that the person is required to renew the placard by
submitting | 2774 |
| to the registrar or a deputy registrar another
prescription, as | 2775 |
| described in division
(B) of this section, and by
complying with | 2776 |
| the renewal provisions prescribed in division
(D)(1) of this | 2777 |
| section. If
such a prescription is not received by
the registrar | 2778 |
| or a deputy
registrar by that date, the placard
issued to that | 2779 |
| person
expires and no longer is valid, and this
fact shall be | 2780 |
| recorded
in the records of the bureau. | 2781 |
| (3) At least once every year, on a date determined by
the | 2782 |
|
registrar, the bureau shall examine the records of the
office of | 2783 |
|
vital statistics, located within the department of
health, that | 2784 |
|
pertain to deceased persons, and also the bureau's
records of all | 2785 |
|
persons who have been issued removable windshield
placards and | 2786 |
|
temporary removable windshield placards. If the
records of the | 2787 |
|
office of vital statistics indicate that a person
to whom a | 2788 |
|
removable windshield placard or temporary removable
windshield | 2789 |
|
placard has been issued is deceased, the bureau shall
cancel that | 2790 |
|
placard, and note the cancellation in its
records. | 2791 |
| (E)(1)(a) Any person with a disability that limits or impairs | 2800 |
| the
ability to walk
may apply to the
registrar or a deputy | 2801 |
| registrar
for a temporary removable windshield placard.
The | 2802 |
| application for
a
temporary removable windshield placard shall be | 2803 |
| accompanied by a
prescription from the applicant's personal | 2804 |
| physician
or
chiropractor prescribing such a placard for the | 2805 |
applicant, and by
a signed statement certifyingprovided that the | 2806 |
| applicant meets at least
one of the
criteria contained in
division | 2807 |
| (A)(1) of this section
and that the disability is
expected to | 2808 |
| continue for six
consecutive months or less.
The physician or | 2809 |
| chiropractor shall
state on the prescription the length
of time | 2810 |
| the physician or
chiropractor expects the applicant to have the | 2811 |
|
disability that
limits or impairs the applicant's ability to
walk, | 2812 |
| which cannot
exceed six months from the date of the
prescription. | 2813 |
| Upon receipt
of an
application for a temporary removable | 2814 |
windshield placard,
presentation of the prescription and the | 2815 |
signed statement from the
applicant's
personal physician or | 2816 |
| chiropractor, and payment of a
service fee equal to the
amount | 2817 |
| specified in
division (D) or (G)
of section 4503.10 of the Revised | 2818 |
| Code, the
registrar or deputy
registrar shall issue to the | 2819 |
applicant a temporary
removable
windshield placard. The | 2820 |
| (b) Any active-duty member of the armed forces of the United | 2821 |
| States, including the reserve components of the armed forces and | 2822 |
| the national guard, who has an illness or injury that limits or | 2823 |
| impairs the ability to walk may apply to the registrar or a deputy | 2824 |
| registrar for a temporary removable windshield placard. With the | 2825 |
| application, the person shall present evidence of the person's | 2826 |
| active-duty status and the illness or injury. Evidence of the | 2827 |
| illness or injury may include a current department of defense | 2828 |
| convalescent leave statement, any department of defense document | 2829 |
| indicating that the person currently has an ill or injured | 2830 |
| casualty status or has limited duties, or a prescription from any | 2831 |
| physician or chiropractor prescribing the placard for the | 2832 |
| applicant. Upon receipt of the application and the necessary | 2833 |
| evidence, the registrar or deputy registrar shall issue the | 2834 |
| applicant the temporary removable windshield placard without the | 2835 |
| payment of any service fee. | 2836 |
| (2) The temporary removable windshield placard
shall be of | 2837 |
| the same size and form as the removable windshield
placard, shall | 2838 |
|
be printed in white on a red-colored background,
and shall
bear | 2839 |
| the word "temporary" in letters of such size as the
registrar | 2840 |
| shall prescribe. A temporary removable windshield
placard also | 2841 |
| shall bear the date of expiration
on the front and
back of the | 2842 |
| placard, and shall be valid until expired,
surrendered, or | 2843 |
| revoked, but in no case shall such a placard be
valid for a period | 2844 |
| of less than sixty days. The registrar shall
provide
the | 2845 |
|
application form and shall determine the information
to be | 2846 |
|
included on it, provided that the registrar shall not require a | 2847 |
| physician or chiropractor's prescription or certification for a | 2848 |
| person applying under division (E)(1)(b) of this section. The | 2849 |
| registrar also shall determine the
material
of which the temporary | 2850 |
| removable windshield placard is to
be made and any
other | 2851 |
| information to be included on the placard
and shall adopt rules | 2852 |
|
relating to the issuance, expiration,
surrender, revocation, and | 2853 |
|
proper display of those placards.
Any
temporary removable | 2854 |
| windshield placard issued after October
14,
1999, shall be | 2855 |
| manufactured in a manner that allows for the
expiration
date of | 2856 |
| the placard to be indicated on it through the
punching, drilling, | 2857 |
|
boring, or creation by any other means of
holes in the
placard. | 2858 |
| (F) If an applicant for a removable windshield placard is a | 2859 |
|
veteran of the
armed forces of the United States whose disability, | 2860 |
|
as defined in
division (A)(1) of this section, is | 2861 |
|
service-connected, the
registrar or deputy registrar, upon receipt | 2862 |
|
of the application, presentation
of a signed statement
from the | 2863 |
|
applicant's personal physician or
chiropractor certifying the | 2864 |
|
applicant's
disability, and presentation of
such documentary | 2865 |
|
evidence from the department of veterans affairs that
the | 2866 |
|
disability of the applicant meets at least one of the criteria | 2867 |
|
identified
in division (A)(1) of this section and is | 2868 |
|
service-connected as
the registrar may require by rule, but | 2869 |
|
without the payment of any
service fee, shall issue the applicant | 2870 |
|
a
removable windshield placard that is valid until
expired, | 2871 |
|
surrendered, or revoked. | 2872 |
(G) Upon a conviction of a violation of division (H), (I), or | 2873 |
| (J), or (K)
of
this section, the court shall report the | 2874 |
| conviction, and send
the placard or
parking card, if available, to | 2875 |
| the
registrar, who
thereupon shall revoke the privilege of
using | 2876 |
| the placard or
parking card and send notice in writing to the | 2877 |
|
placardholder or
cardholder at that holder's last
known address as | 2878 |
| shown in the
records of the bureau, and the placardholder or | 2879 |
|
cardholder shall
return the placard or
card if not previously | 2880 |
| surrendered to the
court, to the
registrar within ten days | 2881 |
| following mailing of the
notice. | 2882 |
(N)(O) All applications for registration
of motor vehicles, | 2966 |
|
removable windshield placards, and temporary removable
windshield | 2967 |
|
placards issued
under this section, all renewal notices for such | 2968 |
|
items, and all other
publications issued by the
bureau that relate | 2969 |
|
to this section shall set forth the criminal
penalties that may be | 2970 |
|
imposed upon a person who violates any
provision relating to | 2971 |
|
special license plates issued under this
section, the parking of | 2972 |
|
vehicles displaying such license plates,
and the issuance, | 2973 |
|
procurement, use, and display of removable
windshield placards and | 2974 |
|
temporary removable windshield placards
issued under this section. | 2975 |
| (C) The registrar shall suspend, revoke, deny, or remove
the | 2993 |
| registration, license plates, or any permit issued to any | 2994 |
|
commercial motor vehicle that is assigned to a motor carrier who | 2995 |
|
has been prohibited from operating by a federal agency. The | 2996 |
|
suspension, revocation, denial, or removal shall remain in effect | 2997 |
|
until the carrier is no longer prohibited from operating by the | 2998 |
| federal agency.
The suspension, revocation, denial, or removal | 2999 |
| shall apply to all
commercial motor vehicles under the carrier's | 3000 |
| control. | 3001 |
| Sec. 4505.08. (A)
When the clerk of
a
court of
common
pleas | 3161 |
|
issues a physical certificate of title, the clerk
shall
issue
the | 3162 |
certificate of title
in duplicate.
One copy
shall
be
retained and | 3163 |
filed by the clerk in the
clerk's
officeon a form
and in a manner | 3164 |
| prescribed by the registrar of motor vehicles.
The
clerk shall | 3165 |
| file a copy of the physical evidence for the creation of the | 3166 |
| certificate of title
in a
manner prescribed by the registrar. A | 3167 |
| clerk may retain digital images of documents used as evidence for | 3168 |
| issuance of a certificate of title. Certified printouts of | 3169 |
| documents retained as digital images shall have the same | 3170 |
| evidentiary value as the original physical documents. The record | 3171 |
| of the issuance of the certificate of title shall be maintained in | 3172 |
| the automated title processing system. The
clerk shall sign
and | 3173 |
|
affix the clerk's seal
to the
original
certificate of
title
and, | 3174 |
|
if
there are no liens
on the
motor
vehicle, shall deliver
the
| 3175 |
|
certificate to the
applicant or
the
selling dealer. If
there are | 3176 |
|
one or more
liens
on
the motor
vehicle, the
certificate of
title | 3177 |
| shall be
delivered to
the
holder
of the
first lien or the
selling | 3178 |
| dealer,
who shall deliver
the
certificate of title to the
holder | 3179 |
| of the
first lien. | 3180 |
| The clerk need not retain on file any current
certificates
of
| 3189 |
|
title, current duplicate certificates of title,
current
memorandum
| 3190 |
|
certificates of title, or current salvage
certificates of title,
| 3191 |
or supporting evidence
of them,
including the
electronic
record | 3192 |
described in division (A) of
section 4505.06 of the
Revised Code, | 3193 |
|
covering
any motor vehicle
or
manufactured or mobile
home for a | 3194 |
| period longer
than seven
years
after the date of its
filing; | 3195 |
| thereafter, the
documents
and
supporting evidence may
be | 3196 |
| destroyed. The clerk
need not
retain
on file any
inactive
records, | 3197 |
| including
certificates of
title,
duplicate
certificates
of title, | 3198 |
|
or
memorandum
certificates of
title, or
supporting
evidence
of | 3199 |
| them,
including the
electronic record
described in
division (A) of
| 3200 |
|
section 4505.06 of the Revised Code,
covering
any motor vehicle
or
| 3201 |
|
manufactured or mobile home for a
period
longer than five
years
| 3202 |
|
after
the date of its filing;
thereafter, the
documents
and
| 3203 |
|
supporting evidence may be
destroyed. | 3204 |
| (B)(1) If the clerk issues a certificate of title for a
| 3213 |
|
motor vehicle that was last previously registered in another
| 3214 |
|
state, the clerk
shall record verbatim, where practicable, in the
| 3215 |
|
space
on the title described in division (B)(19) of section
| 3216 |
|
4505.07 of
the Revised Code, the words that appear as a notation
| 3217 |
|
to the
vehicle on the title issued by the previous state. These
| 3218 |
|
notations may include, but are not limited to, words to the
| 3219 |
|
effect
that the vehicle was considered or was categorized by the
| 3220 |
|
state in
which it was last previously registered to be a law
| 3221 |
|
enforcement
vehicle
or a taxicab or was once in a flood. | 3222 |
| (2) If the clerk, while issuing a certificate of title for
a
| 3223 |
|
motor vehicle that was last previously registered in another
| 3224 |
|
state, receives information from the automated title processing
| 3225 |
|
system indicating that a title to the vehicle previously was
| 3226 |
|
issued
by this state and that the previous title contained
| 3227 |
|
notations
that appeared in the space described in division
(B)(19)
| 3228 |
|
or
(20) of section 4505.07 of the Revised Code, the
clerk shall
| 3229 |
|
enter
the notations that appeared on the previous
certificate of
| 3230 |
|
title
issued by this state on the new certificate
of title in the
| 3231 |
|
space
described in division (B)(19) or (20) of
section 4505.07 of
| 3232 |
|
the Revised Code, irrespective of whether the
notations appear on
| 3233 |
|
the
certificate of title issued by the state
in which the vehicle
| 3234 |
|
was
last previously registered. | 3235 |
| (3) If the clerk, while issuing a certificate of title for
a
| 3236 |
|
motor vehicle that was last previously registered in another
| 3237 |
|
state, receives information from the automated title processing
| 3238 |
|
system indicating that the vehicle was previously issued a title
| 3239 |
|
by this state and that the previous title bore the notation
| 3240 |
|
"REBUILT SALVAGE" as required by division (E) of section 4505.11
| 3241 |
|
of the Revised Code, or the previous title to the vehicle issued
| 3242 |
|
by this state was a salvage certificate of title, the clerk shall
| 3243 |
|
cause the certificate of title the clerk issues to bear the
| 3244 |
|
notation
"REBUILT SALVAGE" in the location prescribed by the
| 3245 |
|
registrar
pursuant to that division. | 3246 |
| In addition to those fees, the clerk shall charge a fee of
| 3296 |
|
five dollars for each certificate of title, duplicate
certificate
| 3297 |
|
of title, memorandum certificate of title,
authorization to
print
| 3298 |
|
a non-negotiable
evidence of ownership described in division (G)
| 3299 |
|
of section 4505.08 of
the Revised Code, non-negotiable evidence
of | 3300 |
| ownership printed by the clerk under division (H) of that
section, | 3301 |
| and
notation of any lien
on a certificate of title.
The
clerk | 3302 |
| shall
retain two dollars
and
twenty-five cents of the
fee
charged | 3303 |
| for
each certificate of
title, four dollars and
seventy-five cents | 3304 |
| of
the fee charged for
each duplicate
certificate of
title, all of | 3305 |
| the fees charged for
each
memorandum certificate, authorization to | 3306 |
| print a
non-negotiable
evidence of ownership, or non-negotiable | 3307 |
| evidence of ownership
printed by the clerk,
and four dollars and
| 3308 |
|
twenty-five cents of
the fee charged for
each notation of a lien. | 3309 |
| (a) Four cents shall be paid into the state treasury to
the
| 3327 |
|
credit of the motor vehicle dealers board fund, which is
hereby
| 3328 |
|
created. All investment earnings of the fund shall be credited to
| 3329 |
|
the
fund. The moneys in the motor vehicle dealers board fund
| 3330 |
|
shall be used by the
motor vehicle dealers board created under
| 3331 |
|
section 4517.30 of the Revised Code,
together
with other moneys
| 3332 |
|
appropriated to it, in the exercise of
its powers and
the
| 3333 |
|
performance of its duties under Chapter 4517. of the Revised Code,
| 3334 |
|
except
that the director of budget and management may transfer
| 3335 |
|
excess money from the
motor vehicle dealers board fund to the
| 3336 |
|
bureau of motor vehicles fund if the
registrar determines that
the
| 3337 |
|
amount of money in the motor vehicle dealers
board fund,
together
| 3338 |
|
with other moneys appropriated to the
board, exceeds
the
amount
| 3339 |
|
required for the exercise of its powers and the
performance of its
| 3340 |
|
duties under Chapter 4517. of the Revised Code
and requests the
| 3341 |
|
director to
make the transfer. | 3342 |
| (c) Twenty-five cents shall be paid into the state
treasury
| 3345 |
|
to the credit of the motor vehicle sales audit fund,
which is
| 3346 |
|
hereby created. The moneys in the fund shall be used by
the tax
| 3347 |
|
commissioner together with other funds available
to the
| 3348 |
|
commissioner to conduct a continuing investigation of
sales and
| 3349 |
|
use tax returns
filed for motor vehicles in order to determine if
| 3350 |
|
sales and use
tax liability has been satisfied. The commissioner
| 3351 |
|
shall refer
cases of apparent violations of section 2921.13 of
the
| 3352 |
|
Revised
Code made in connection with the titling or sale of
a
| 3353 |
|
motor
vehicle and cases of any other apparent violations of
the
| 3354 |
|
sales
or use tax law to the appropriate county prosecutor
whenever
| 3355 |
|
the
commissioner considers it advisable. | 3356 |
| (C)(1) The automated title processing board is hereby
| 3379 |
|
created consisting of the registrar or the registrar's
| 3380 |
|
representative, a
person selected by the registrar, the president
| 3381 |
|
of the Ohio
clerks of court association or the president's
| 3382 |
|
representative, and two clerks
of courts of common pleas
appointed
| 3383 |
|
by the governor. The
director of budget and
management or the
| 3384 |
|
director's
designee, the chief of
the
division of watercraft in
| 3385 |
|
the department of natural resources
or
the chief's designee, and
| 3386 |
|
the tax commissioner or
the
commissioner's designee shall
be
| 3387 |
|
nonvoting members of the board.
The purpose of the board is to | 3388 |
| facilitate the operation and
maintenance of an automated title | 3389 |
| processing system and approve the procurement of automated title | 3390 |
| processing system equipment. Voting members of the board, | 3391 |
| excluding the registrar or the registrar's representative, shall | 3392 |
| serve without compensation, but shall be reimbursed for travel and | 3393 |
| other necessary expenses incurred in the conduct of their official | 3394 |
| duties. The registrar or the registrar's representative shall | 3395 |
| receive neither compensation nor reimbursement as a board member. | 3396 |
| (3) The registrar shall purchase, lease, or otherwise
| 3405 |
|
acquire any automated title processing equipment and certificates
| 3406 |
|
of title that the board determines are necessary from moneys in
| 3407 |
|
the automated title processing fund established by division
| 3408 |
(B)(3)
of this section.
Each county issuing more than one
hundred
| 3409 |
thousand certificates of title annually, with the
approval of the
| 3410 |
registrar and in accordance with the registrar's
requirements, may
| 3411 |
purchase and maintain an automated title
processing
system for the
| 3412 |
issuance of motor vehicle titles,
certificates of
title for
| 3413 |
off-highway motorcycles and
all-purpose vehicles, and
certificates
| 3414 |
of title for
watercraft
and outboard motors with the cost of
the
| 3415 |
system paid for from
the automated processing title fund. | 3416 |
| Sec. 4505.10. (A) In the event of the transfer of
ownership | 3422 |
|
of
a motor vehicle by operation of law, as upon
inheritance, | 3423 |
|
devise, bequest, order in bankruptcy, insolvency,
replevin, or | 3424 |
|
execution sale, a motor vehicle is sold
to satisfy
storage or | 3425 |
|
repair charges, or repossession is had upon
default in
performance | 3426 |
|
of the terms of a security agreement as
provided in
Chapter 1309. | 3427 |
|
of the Revised Code
and the secured party has
notified the debtor | 3428 |
|
as required by division (B) of section 1309.611 of
the Revised | 3429 |
|
Code, a clerk of
a
court of
common pleas, upon the
surrender of | 3430 |
|
the prior
certificate of title or
the manufacturer's
or
importer's | 3431 |
|
certificate, or, when that is not
possible, upon
presentation of | 3432 |
|
satisfactory proof to the clerk of
ownership and
rights of | 3433 |
|
possession to the motor vehicle, and upon
payment of
the
fee | 3434 |
|
prescribed in section 4505.09 of the Revised
Code and
presentation | 3435 |
|
of an application for certificate of title,
may
issue
to the | 3436 |
|
applicant a certificate of title to the motor
vehicle.
Only
an | 3437 |
|
affidavit by the person or agent of the person
to
whom
possession | 3438 |
|
of the motor vehicle has passed, setting forth
the
facts entitling | 3439 |
|
the person to the possession and
ownership,
together
with a copy | 3440 |
|
of the journal entry, court order, or
instrument upon
which the | 3441 |
|
claim of possession and ownership is
founded, is
satisfactory | 3442 |
|
proof of ownership and right of
possession. If the
applicant | 3443 |
|
cannot produce that proof of
ownership, the
applicant may apply | 3444 |
|
directly to the registrar of
motor vehicles and submit the | 3445 |
|
evidence the applicant has, and the
registrar, if
the registrar | 3446 |
|
finds the evidence
sufficient, then
may authorize a clerk to
issue | 3447 |
|
a certificate
of title. If the registrar finds the evidence | 3448 |
|
insufficient, the applicant may petition the court of common pleas | 3449 |
|
for a court order ordering the clerk to issue a certificate of | 3450 |
|
title. The court shall grant or deny the petition based on the | 3451 |
|
sufficiency of the evidence presented to the court. If, from
the | 3452 |
| records in the office
of the
clerk involved, there
appears to be | 3453 |
| any
lien on the motor vehicle,
the certificate of
title shall | 3454 |
| contain
a statement of the lien
unless the
application is | 3455 |
| accompanied by
proper evidence of its
extinction. | 3456 |
| (B) A clerk shall transfer a decedent's interest in one
or | 3457 |
|
two automobiles to the surviving spouse of the decedent,
as | 3458 |
|
provided in section 2106.18 of the Revised Code, upon receipt of | 3459 |
|
the title
or titles.
An affidavit executed by the
surviving
spouse | 3460 |
| shall be submitted to the clerk with
the title or titles.
The | 3461 |
| affidavit shall give the date of death of the
decedent, shall | 3462 |
|
state that
each
automobile for which the decedent's interest is to | 3463 |
|
be so transferred is not
disposed of by testamentary disposition, | 3464 |
|
and
shall provide an
approximate value for each automobile | 3465 |
|
selected to be transferred by the
surviving spouse. The affidavit | 3466 |
|
shall also contain a description for each
automobile for which the | 3467 |
|
decedent's interest is to be so
transferred. The transfer does
not | 3468 |
| affect any liens upon any
automobile for which the decedent's | 3469 |
|
interest is so transferred. | 3470 |
| Sec. 4505.11. (A) Each owner of a motor vehicle and each
| 3488 |
|
person mentioned as owner in the last certificate of title, when
| 3489 |
|
the motor vehicle is dismantled, destroyed, or changed in such
| 3490 |
|
manner that it loses its character as a motor vehicle, or changed
| 3491 |
|
in such manner that it is not the motor vehicle described in the
| 3492 |
|
certificate of title, shall surrender the certificate of title
to
| 3493 |
|
that motor vehicle to
a clerk of
a court of common pleas, and
the | 3494 |
| clerk, with the consent of any
holders of any liens
noted
on the | 3495 |
| certificate of title,
then shall enter a cancellation upon
the | 3496 |
| clerk's records
and
shall
notify the registrar of motor
vehicles | 3497 |
| of the cancellation. | 3498 |
| (B)
If an Ohio certificate of title or salvage
certificate
of | 3503 |
| title to a motor vehicle is assigned to a salvage
dealer, the | 3504 |
|
dealer is not required to obtain an Ohio
certificate
of title or
a | 3505 |
| salvage certificate of title to the
motor vehicle
in
the
dealer's | 3506 |
| own name if the dealer
dismantles or destroys
the
motor
vehicle, | 3507 |
| indicates the number of
the dealer's motor
vehicle
salvage | 3508 |
| dealer's license
on it, marks
"FOR
DESTRUCTION" across
the face of | 3509 |
| the certificate of title or
salvage certificate of
title, and | 3510 |
| surrenders the certificate of
title or salvage
certificate of | 3511 |
| title to
a clerk of
a
court
of common pleas
as
provided in | 3512 |
| division (A) of this
section. If
the salvage
dealer
retains the | 3513 |
| motor vehicle for
resale, the dealer
shall make
application for a | 3514 |
| salvage
certificate of title to the motor
vehicle in the dealer's | 3515 |
| own
name as provided in division (C)(1) of
this section. | 3516 |
| (C)(1) When an insurance company declares it economically
| 3517 |
|
impractical to repair such a motor vehicle and has paid an agreed
| 3518 |
|
price for the purchase of the motor vehicle to any insured or
| 3519 |
|
claimant owner, the insurance company shall receive the
| 3520 |
|
certificate of title and the motor vehicle and proceed as follows.
| 3521 |
|
Within thirty days, the insurance company shall deliver the
| 3522 |
|
certificate of title to
a clerk of
a court of common pleas
and | 3523 |
|
shall make application for a salvage certificate of title.
The | 3524 |
|
clerk shall issue the salvage certificate of title on a form,
| 3525 |
|
prescribed by the registrar, that shall be
easily distinguishable
| 3526 |
|
from the original certificate of title and
shall bear the same
| 3527 |
number and information as the original
certificate of title except | 3528 |
| that it may bear a different number than that of the original | 3529 |
| certificate of title.
Except as provided in division
(C)(2) of | 3530 |
| this section, the
salvage
certificate of title shall be
assigned | 3531 |
| by the insurance
company to
a salvage dealer or any
other person | 3532 |
| for use as
evidence of
ownership upon the sale or
other | 3533 |
| disposition of the
motor vehicle,
and the salvage
certificate of | 3534 |
| title shall be
transferrable to any
other person. The clerk
shall | 3535 |
| charge a fee
of four
dollars for
the cost of processing each | 3536 |
| salvage
certificate of
title. | 3537 |
| (2) If an insurance company considers a motor vehicle as
| 3538 |
|
described in division (C)(1) of this section to be impossible to
| 3539 |
|
restore for highway operation, the insurance company may assign
| 3540 |
|
the certificate of title to the motor vehicle to a salvage dealer
| 3541 |
|
or scrap metal processing facility and send the assigned
| 3542 |
|
certificate of title to the clerk of the court of common pleas of
| 3543 |
theany county in which the salvage dealer or scrap metal | 3544 |
processing
facility is located. The insurance company shall mark | 3545 |
| the face
of
the certificate of title
"FOR DESTRUCTION" and shall | 3546 |
| deliver
a
photocopy of the certificate of title to the salvage | 3547 |
| dealer or
scrap metal processing facility for its records. | 3548 |
| (1) Mark the face of the certificate of title to the motor
| 3565 |
|
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
| 3566 |
|
to
a clerk of
a court of common pleas for cancellation as
| 3567 |
|
described in division (A) of this section. The self-insured
| 3568 |
|
organization, rental or leasing company, or secured creditor
then | 3569 |
|
shall deliver the motor vehicle, together with a
photocopy of the | 3570 |
|
certificate of title, to a salvage dealer or
scrap metal | 3571 |
|
processing facility and shall cause the motor vehicle
to be | 3572 |
|
dismantled, flattened, crushed, or destroyed. | 3573 |
| (E) If a motor vehicle titled with a salvage certificate
of
| 3582 |
|
title is restored for operation upon the highways, application
| 3583 |
|
shall be made to
a clerk of
a court of common pleas for a
| 3584 |
|
certificate of title. Upon inspection by the state highway
patrol, | 3585 |
| which shall include establishing proof of ownership and
an
| 3586 |
|
inspection of the motor number and vehicle identification
number
| 3587 |
|
of the motor vehicle and of documentation or receipts for
the
| 3588 |
|
materials used in restoration by the owner of the motor
vehicle
| 3589 |
|
being inspected, which documentation or receipts shall be
| 3590 |
|
presented at the time of inspection, the clerk, upon surrender of
| 3591 |
|
the salvage certificate of title, shall issue a certificate of
| 3592 |
|
title for a fee prescribed by the registrar. The certificate of
| 3593 |
|
title shall be in the same form as the original certificate of
| 3594 |
title, shall bear the same number as the salvage certificate of
| 3595 |
title and the original certificate of title, and shall bear the
| 3596 |
|
words
"REBUILT SALVAGE" in black boldface letters on its face.
| 3597 |
|
Every subsequent certificate of title, memorandum certificate of
| 3598 |
|
title, or duplicate certificate of title issued for the motor
| 3599 |
|
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
| 3600 |
|
boldface letters on its
face. The exact location on the face of
| 3601 |
|
the certificate of title
of the words
"REBUILT SALVAGE" shall be
| 3602 |
|
determined by the
registrar, who shall develop an automated
| 3603 |
|
procedure within the
automated title processing system to comply
| 3604 |
|
with this division.
The clerk shall use reasonable care in
| 3605 |
|
performing the duties
imposed on the clerk by this division in
| 3606 |
|
issuing a
certificate of title
pursuant to this division, but
the
| 3607 |
|
clerk is not liable for
any of the clerk's errors or
omissions or
| 3608 |
|
those of the clerk's deputies, or the automated
title processing
| 3609 |
|
system in the performance of those duties. A
fee of
fifty dollars
| 3610 |
| shall be assessed by the state
highway
patrol for each
inspection | 3611 |
| made pursuant to this
division and
shall be deposited
into the | 3612 |
| state highway safety
fund established
by section 4501.06
of the | 3613 |
| Revised Code. | 3614 |
| (H)(1) Except as otherwise provided in this
division, an
| 3623 |
|
owner of a manufactured or mobile home that will be
taxed as real
| 3624 |
|
property pursuant to division
(B) of section 4503.06 of the
| 3625 |
|
Revised
Code shall surrender the
certificate of title to the
| 3626 |
|
auditor of the county containing the taxing
district in which the
| 3627 |
|
home is located. An owner
whose home qualifies for real property
| 3628 |
|
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06
of
| 3629 |
|
the Revised
Code shall surrender the
certificate within
fifteen
| 3630 |
|
days after the home meets the
conditions specified in
those
| 3631 |
|
divisions. The
auditor shall deliver the
certificate of
title to
| 3632 |
|
the
clerk of the court of common pleas who issued it. | 3633 |
| (B) Subject to division (A) of this section, any security
| 3693 |
|
agreement covering a security interest in a motor vehicle, if a
| 3694 |
|
notation of the agreement has been made by
a clerk of
a
court
of | 3695 |
| common pleas on the face of the certificate of
title
or
the
clerk | 3696 |
| has entered a notation of the agreement into the
automated
title | 3697 |
| processing system and a physical certificate of
title
for
the | 3698 |
| motor vehicle has not been issued, is valid
as
against the | 3699 |
|
creditors of the debtor, whether armed with
process
or
not, and | 3700 |
|
against subsequent purchasers, secured
parties, and
other
| 3701 |
|
lienholders or claimants. All security
interests, liens,
| 3702 |
|
mortgages, and encumbrances
entered into the automated
title | 3703 |
|
processing system in relation to
a particular certificate
of
| 3704 |
|
title, regardless of whether
a
physical
certificate
of
title
is | 3705 |
|
issued, take priority according to the
order of time
in
which
they | 3706 |
| are
entered into the
automated
title processing system by
the | 3707 |
| clerk.
Exposure for sale of any
motor vehicle by its owner,
with | 3708 |
| the
knowledge or with the
knowledge and consent of the
holder of | 3709 |
| any
security interest,
lien, mortgage, or encumbrance
on it, does | 3710 |
| not
render that
security interest, lien, mortgage,
or encumbrance
| 3711 |
|
ineffective as
against the creditors of that
owner, or against
| 3712 |
|
holders of
subsequent security interests,
liens, mortgages, or
| 3713 |
|
encumbrances
upon that motor vehicle. | 3714 |
| The secured party, upon presentation of
evidence of a
| 3715 |
|
security
interest to
a clerk of
a court of common pleas,
together | 3716 |
| with the
certificate of title
if a physical certificate
of title | 3717 |
| for the
motor
vehicle exists, and the
fee prescribed
by
section | 3718 |
| 4505.09 of the Revised Code, may have a
notation of
the
security | 3719 |
| interest made.
Unless the secured party
specifically
requests the | 3720 |
| clerk not to
issue a physical
certificate of title
and instead to | 3721 |
| issue an electronic
certificate of title, the
clerk
shall issue,
| 3722 |
|
over the clerk's
signature and seal of office, a new
original | 3723 |
| certificate
of
title from the automated title processing
records | 3724 |
| that
indicates
the security interest and the date of the
security
| 3725 |
|
interest. | 3726 |
| If a security interest is
fully discharged
as a
result of its | 3727 |
|
holder's receipt of good funds in the correct amount
and if the | 3728 |
|
holder
holds a physical certificate of title,
the
holder
shall | 3729 |
|
note
the discharge
of the security interest
on
the face of the | 3730 |
|
certificate of title
over the holder's
signature,
or over the | 3731 |
|
holder's
signature on a form prescribed
by the
registrar of
motor | 3732 |
| vehicles when there
is no space for
the
discharge on the
face of | 3733 |
| the certificate of title.
Except
as
otherwise provided
in this | 3734 |
| section, prior to
delivering the
certificate
of title to
the
| 3735 |
|
owner, the holder or
the holder's
agent shall
convey the
| 3736 |
|
certificate of
title or a
separate sworn statement of the | 3737 |
|
discharge of the
security interest
to
a clerk. The conveyance | 3738 |
|
shall occur not more than seven business
days after the date good | 3739 |
|
funds in
the correct amount to fully
discharge the security | 3740 |
|
interest have been credited to
an account
of the holder, provided | 3741 |
|
the holder has been provided accurate
information concerning the | 3742 |
|
motor vehicle. Conveyance of the
certificate of title or separate | 3743 |
|
sworn statement of the discharge
within the required seven | 3744 |
|
business days may be indicated by
postmark or receipt by a clerk | 3745 |
|
within that period. If the
discharge of
the security
interest | 3746 |
|
appears to
be genuine, the
clerk shall note the cancellation
of | 3747 |
|
the
security interest
on
the face of the certificate of title,
if | 3748 |
| it
was so conveyed, and
note it in the
automated title
processing | 3749 |
system
and
upon the
records of
the clerk. | 3750 |
| Sec. 4506.08. (A) Each application for a commercial
driver's | 4020 |
| license temporary instruction permit shall be
accompanied
by a fee | 4021 |
| of ten dollars; except as provided in
division (B) of
this | 4022 |
| section, each application for a commercial
driver's license, | 4023 |
|
restricted commercial driver's license, or
renewal of such a | 4024 |
|
license shall be accompanied by a fee of twenty-five
dollars; and | 4025 |
|
each application for a duplicate commercial driver's
license shall | 4026 |
|
be accompanied by a fee of ten dollars. In addition, the
registrar | 4027 |
| of motor vehicles or deputy registrar may collect and
retain
an | 4028 |
| additional fee of no more than
two dollars and
seventy-five cents | 4029 |
|
commencing on July 1, 2001, three
dollars and
twenty-five cents | 4030 |
| commencing on January 1, 2003, and
three dollars
and fifty cents | 4031 |
| commencing on January 1, 2004, for
each
application for a | 4032 |
| commercial driver's license temporary
instruction permit, | 4033 |
|
commercial driver's license, renewal of a
commercial driver's | 4034 |
| license, or
duplicate commercial
driver's
license received by the | 4035 |
| registrar or deputy. No
fee shall be
charged for the annual | 4036 |
|
issuance of a waiver for farm-related
service industries pursuant | 4037 |
|
to section 4506.24 of the Revised
Code. | 4038 |
| (B) In addition to the fees imposed under division (A) of | 4044 |
| this section, the registrar of motor vehicles or deputy registrar | 4045 |
| shall collect a fee of twelve dollars commencing on October 1, | 4046 |
| 2003, for each application for a commercial driver's license | 4047 |
| temporary instruction permit, commercial driver's license, or | 4048 |
| duplicate commercial driver's license and for each application for | 4049 |
| renewal of a commercial driver's license with an expiration date | 4050 |
| on or after that date received by the registrar or deputy | 4051 |
| registrar. The additional fee is for the purpose of defraying the | 4052 |
| department of public safety's costs associated with the | 4053 |
| administration and enforcement of the motor vehicle and traffic | 4054 |
| laws of Ohio. Each deputy registrar shall transmit the fees | 4055 |
| collected under division (B) of this section in the time and | 4056 |
| manner prescribed by the registrar. The registrar shall deposit | 4057 |
| all moneys received under division (B) of this section into the | 4058 |
| state highway safety fund established in section 4501.06 of the | 4059 |
| Revised Code. | 4060 |
| Sec. 4506.09. (A) The registrar of motor vehicles,
subject | 4066 |
|
to approval by the director of public safety, shall adopt
rules | 4067 |
|
conforming with applicable standards adopted by the federal | 4068 |
highwaymotor carrier safety administration as regulations under | 4069 |
the
"Commercial Motor
Vehicle Safety Act of 1986," 100 Stat. | 4070 |
3207-171, 49 U.S.C.A. App.
2701Pub. L. No. 103-272, 108 Stat. | 4071 |
| 1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall | 4072 |
| establish requirements for the
qualification and testing of | 4073 |
| persons applying for a commercial
driver's license, which shall be | 4074 |
| in addition to other
requirements
established by this chapter. | 4075 |
| Except as provided in
division (B)
of this section, the highway | 4076 |
| patrol or any other employee of
the
department of public safety | 4077 |
| the registrar authorizes shall
supervise
and conduct the testing | 4078 |
| of persons applying for a
commercial
driver's license. | 4079 |
| (B) The director may adopt rules, in accordance with
Chapter | 4080 |
|
119. of the Revised Code and applicable requirements of
the | 4081 |
federal highwaymotor carrier safety administration, authorizing | 4082 |
| the skills test
specified in this section to be administered by | 4083 |
| any person, by an
agency of this or another state, or by an | 4084 |
agency, department, or
instrumentality of local government and | 4085 |
establishing. Each party authorized under this division to | 4086 |
administer the skills test may charge a maximum divisible
fee
that | 4087 |
may be charged by the other party, provided thein the same | 4088 |
| amounts specified in division (E)(1) of this section and may | 4089 |
| require an appointment fee in the same manner provided in division | 4090 |
(E)(2) of this section. The skills
test
isadministered by another | 4091 |
party under this division shall be the same thatas otherwise | 4092 |
would be administered by this
state and
that the. The other party | 4093 |
has enteredshall enter into an agreement with
the
director that | 4094 |
includes, without limitation, does all of the
following: | 4095 |
| (2) The director may require an applicant for a commercial | 4163 |
|
driver's license
who schedules an appointment with the highway | 4164 |
|
patrol or other authorized
employee of the department of public | 4165 |
|
safety to take all portions of
the skills test, to pay an | 4166 |
|
appointment fee of fifty dollars at the time of
scheduling the | 4167 |
|
appointment. If the applicant appears
at the time and location | 4168 |
|
specified for the appointment and takes all portions of the skills | 4169 |
|
test during
that appointment, the appointment fee shall serve as | 4170 |
|
the skills test fee. If
the applicant schedules an appointment to | 4171 |
|
take
all
portions of the skills test and fails to appear at the | 4172 |
|
time and location
specified for the appointment, no portion of the | 4173 |
|
appointment fee shall be
refunded. If the applicant schedules an | 4174 |
|
appointment
to
take all portions of the skills test and appears at | 4175 |
|
the time and location
specified for the appointment, but declines | 4176 |
|
or is unable to take all portions
of the skills test, the | 4177 |
|
appointment fee shall serve as the skills test fee.
If
the | 4178 |
|
applicant cancels a scheduled appointment forty-eight hours or | 4179 |
|
more prior
to the time of the appointment time, the applicant | 4180 |
|
shall not forfeit
the
appointment fee. | 4181 |
| Every driver's license shall display on it the distinguishing | 4330 |
|
number assigned to the licensee and shall display the licensee's | 4331 |
|
name
and date of birth;
the licensee's residence address and | 4332 |
|
county of
residence; a color photograph of the licensee; a brief | 4333 |
|
description
of the
licensee for the purpose
of identification; a | 4334 |
|
facsimile of
the signature of the licensee
as it appears on the | 4335 |
application for
the license; a space marked
"blood type" in which | 4336 |
a licensee may
specify the licensee's
blood type; a notation, in a | 4337 |
|
manner
prescribed by the registrar, indicating
any condition | 4338 |
|
described in
division (D)(3) of section 4507.08 of the
Revised | 4339 |
|
Code
to which
the licensee is subject; if the licensee has | 4340 |
|
executed a durable
power
of attorney for health care or a | 4341 |
|
declaration governing the
use or
continuation, or the withholding | 4342 |
|
or withdrawal, of
life-sustaining treatment and has specified that | 4343 |
|
the licensee
wishes the license to indicate that the
licensee has | 4344 |
|
executed
either type of
instrument, any symbol chosen by the | 4345 |
|
registrar to
indicate that
the licensee has executed either type | 4346 |
|
of instrument;
and any
additional information that the registrar | 4347 |
|
requires by
rule.
No license
shall display the
licensee's social | 4348 |
|
security
number unless the licensee specifically requests
that the | 4349 |
|
licensee's social security number
be displayed on the license.
If | 4350 |
| federal law requires the licensee's social security number to
be | 4351 |
| displayed
on the license, the social security number shall be | 4352 |
|
displayed on the license
notwithstanding
this section. | 4353 |
| Sec. 4507.141. (A) Any hearing-impaired person may apply
to | 4388 |
|
the registrar of motor vehicles for an identification card | 4389 |
|
identifying the person as hearing-impaired. The application for
a | 4390 |
|
hearing-impaired identification card shall be accompanied by a | 4391 |
|
signed statement from the applicant's personal physician | 4392 |
|
certifying that the applicant is hearing-impaired. Upon receipt
of | 4393 |
| the application for the identification card and the signed | 4394 |
|
statement from the applicant's personal physician, and upon | 4395 |
presentation by the applicant of
histhe applicant's driver's or | 4396 |
commercial
driver's license or motorcycle operator's license
and | 4397 |
payment of
a fee of five dollars, the registrar shall issue the | 4398 |
|
applicant an
identification card. A hearing-impaired person may | 4399 |
|
also apply
for a hearing-impaired identification card at the time | 4400 |
hethe
person applies
for a driver's or commercial driver's | 4401 |
|
license or motorcycle
operator's license or endorsement. Every | 4402 |
|
hearing-impaired
identification card shall expire on the same date | 4403 |
|
that the
cardholder's driver's or commercial driver's license or | 4404 |
|
motorcycle operator's license expires. | 4405 |
| (B) The hearing-impaired identification card shall be | 4406 |
|
rectangular in shape, approximately the same size as an average | 4407 |
|
motor vehicle sun visor, as determined by the registrar, to
enable | 4408 |
|
the identification card to be attached to a sun visor in a
motor | 4409 |
|
vehicle. The identification card shall contain the heading | 4410 |
|
"Identification Card for the Hearing-impaired Driver" in boldface | 4411 |
|
type, the name and signature of the hearing-impaired person to | 4412 |
|
whom it is issued, an identifying number, and instructions on the | 4413 |
|
actions the hearing-impaired person should take and the actions | 4414 |
the person should refrain from taking in the event
hethe person | 4415 |
|
is stopped
by a law enforcement officer while operating the motor | 4416 |
|
vehicle.
The registrar shall determine the preferred manner in | 4417 |
|
which a
hearing-impaired motorcycle operator should carry or | 4418 |
|
display the
hearing-impaired identification card, and the color | 4419 |
|
and
composition of, and any other information to be included on, | 4420 |
|
the
identification card. | 4421 |
| Sec. 4507.20. The registrar of motor vehicles,
when the | 4432 |
|
registrar has good cause to
believe that the
holder of a
driver's | 4433 |
|
or commercial driver's license is incompetent
or otherwise not | 4434 |
qualified to be licensed, shall uponsend a written
notice of at | 4435 |
least
thirty days sent
to the licensee's last
known address, | 4436 |
requirerequiring
the licensee
to submit to a driver's
license | 4437 |
| examination, a
physical examination, or both, or a
commercial | 4438 |
|
driver's license
examination within the time indicated on the | 4439 |
| notice.
The physical examination may be conducted by any | 4440 |
|
individual authorized by the Revised Code to do so, including a | 4441 |
|
physician assistant, a clinical nurse specialist, a certified | 4442 |
|
nurse practitioner, or a certified nurse-midwife.
Any written | 4443 |
|
documentation of the physical examination shall be completed by | 4444 |
|
the individual who conducted the examination. | 4445 |
| Sec. 4507.50. (A) The registrar of motor vehicles or a | 4459 |
|
deputy
registrar, upon receipt of an application filed in | 4460 |
|
compliance with section 4507.51 of the Revised Code by any person | 4461 |
|
who is a resident or a temporary resident of this state and, | 4462 |
|
except as
otherwise provided in this section, is not licensed as | 4463 |
|
an operator of a motor
vehicle in this state or another licensing | 4464 |
|
jurisdiction, and, except
as provided in division (B) of this | 4465 |
|
section, upon
receipt of a fee of three dollars and fifty cents, | 4466 |
|
shall issue an
identification card to that person. | 4467 |
| Any person who is a resident or temporary resident of this | 4468 |
|
state whose
Ohio driver's or commercial driver's license has been | 4469 |
|
suspended or
canceled, upon application in compliance with
section | 4470 |
|
4507.51
of the Revised Code and, except as provided in
division | 4471 |
|
(B)
of this section, payment of a fee of three dollars
and
fifty | 4472 |
|
cents, may be issued a temporary identification card.
The | 4473 |
|
temporary identification card shall be identical to an | 4474 |
|
identification card, except that it shall be printed on its face | 4475 |
|
with a statement that the card is valid during the effective
dates | 4476 |
|
of the suspension or
cancellation of the cardholder's
license, or | 4477 |
|
until the birthday of the cardholder in the fourth
year after the | 4478 |
|
date on which it is issued, whichever is shorter.
The cardholder | 4479 |
|
shall surrender the identification card to
the
registrar or any | 4480 |
|
deputy registrar before the
cardholder's driver's
or
commercial | 4481 |
|
driver's license is restored or reissued. | 4482 |
If the identification card or temporary identification
card | 4514 |
of a disabled veteran described in this division is
laminated by a | 4515 |
deputy registrar who is acting as a deputy
registrar pursuant to a | 4516 |
contract with the registrar that is in
effect on
the effective | 4517 |
date of this amendment, the disabled
veteran shall pay the deputy | 4518 |
registrar the
lamination fee prescribed in division
(A) of this | 4519 |
section. If the
identification card or temporary identification | 4520 |
card is
laminated by a deputy registrar who is acting as a deputy | 4521 |
registrar pursuant to a contract with the registrar that is | 4522 |
executed after
July 29, 1998,
the
disabled veteran is not
required | 4523 |
to pay the deputy registrar
the
lamination fee prescribed
in | 4524 |
division
(A) of this section. | 4525 |
| Sec. 4507.51. (A)(1) Every application for an
identification | 4532 |
| card or duplicate shall be made on a form
furnished
by the | 4533 |
| registrar of motor vehicles, shall be signed by
the
applicant, and | 4534 |
| by the applicant's parent or guardian if
the
applicant is
under | 4535 |
| eighteen years of age, and shall contain the
following
information | 4536 |
| pertaining to the applicant: name, date of
birth,
sex, general | 4537 |
| description including the applicant's height,
weight, hair color, | 4538 |
and eye color, address,
and social security
number, and at the | 4539 |
option of the applicant, the applicant's the
applicant's the | 4540 |
applicant's the applicant's blood type. The
application form
shall | 4541 |
state that an applicant is not required to
furnish
the applicant's | 4542 |
the applicant's
blood type. The
application also shall state | 4543 |
| whether an applicant wishes to
certify willingness to
make an | 4544 |
| anatomical gift under section
2108.04 of the Revised Code
and | 4545 |
| shall include information about
the requirements of that
section | 4546 |
| that apply to persons who are
less than eighteen years of
age. The | 4547 |
| statement regarding
willingness to make such a
donation
shall be | 4548 |
| given no
consideration in the decision of whether to
issue an | 4549 |
|
identification card. Each applicant shall be
photographed in
color | 4550 |
| at the time of making application. | 4551 |
| (C) The registrar may permit deputy registrars to perform a | 4608 |
| search and furnish a certified abstract under this section. A | 4609 |
| deputy registrar performing this function shall comply with | 4610 |
| section 4501.27 of the Revised Code concerning the disclosure of | 4611 |
| personal information, shall collect and transmit to the registrar | 4612 |
| the two dollar fee established under division (B) of this section, | 4613 |
| and may collect and retain a service fee of three dollars and | 4614 |
| twenty-five cents commencing on the effective date of this | 4615 |
| amendment. If the deputy registrar fees are increased on January | 4616 |
| 1, 2004, in accordance with section 4503.034 of the Revised Code, | 4617 |
| the deputy registrar may collect and retain a service fee of three | 4618 |
| dollars and fifty cents, commencing on that date. | 4619 |
| (b) If, within
five years of the violation, the person's | 4637 |
|
operating privileges
are again suspended and the person's license | 4638 |
|
again is impounded
for a violation of division
(A)(1) of this | 4639 |
|
section,
a class
C suspension of the person's
driver's license, | 4640 |
|
commercial driver's
license, temporary
instruction permit, | 4641 |
|
probationary license, or nonresident
operating
privilege for the | 4642 |
|
period of time specified in division
(B)(3) of
section 4510.02 of | 4643 |
|
the Revised Code. The court may grant limited
driving privileges | 4644 |
|
to the
person only if the person presents proof
of financial | 4645 |
|
responsibility and has
complied with division (A)(5)
of this | 4646 |
|
section, and no court may grant
limited driving privileges
for the | 4647 |
|
first fifteen days of the
suspension. | 4648 |
| (c)
If, within five years of the violation, the
person's | 4649 |
|
operating privileges are suspended and the person's license is | 4650 |
|
impounded two or more times for a violation of division (A)(1) of | 4651 |
|
this section, a class B suspension of the person's driver's | 4652 |
|
license, commercial driver's license, temporary instruction | 4653 |
|
permit,
probationary license, or nonresident operating privilege | 4654 |
|
for the period of
time
specified in division (B)(2) of section | 4655 |
|
4510.02 of the Revised Code. No court may
grant limited driving | 4656 |
|
privileges during the suspension. | 4657 |
| (5) Except as provided in division (A)(6)
or (L) of this | 4697 |
|
section,
the registrar shall not restore any operating
privileges | 4698 |
|
or
registration rights suspended under this section,
return any | 4699 |
|
license, certificate of registration, or license
plates impounded | 4700 |
|
under this section, or reissue license plates
under section | 4701 |
|
4503.232 of the Revised Code, if the registrar
destroyed the | 4702 |
|
impounded license plates under that section,
or reissue a license | 4703 |
|
under section
4510.52 of the
Revised Code,
if the
registrar | 4704 |
|
destroyed the suspended license under that
section,
unless the | 4705 |
|
rights are not subject to suspension or
revocation
under any other | 4706 |
|
law and unless the person, in addition
to
complying with all other | 4707 |
|
conditions required by law for
reinstatement of the operating | 4708 |
|
privileges or registration rights,
complies with all of the | 4709 |
|
following: | 4710 |
| (c) Record the name and address of the person whose | 4753 |
|
certificate of registration and license plates have been
impounded | 4754 |
|
or are under an order of impoundment, or whose license
has been | 4755 |
|
suspended or is under an order of suspension; the serial
number of | 4756 |
|
the person's license; the serial numbers of
the person's | 4757 |
|
certificate of
registration and license plates; and the person's | 4758 |
|
social
security account number, if assigned, or, where the motor | 4759 |
|
vehicle
is used for hire or principally in connection with any | 4760 |
|
established business, the person's federal taxpayer
identification | 4761 |
|
number. The information shall be recorded in such
a manner that
it | 4762 |
| becomes a part of the person's permanent record,
and assists
the | 4763 |
| registrar in monitoring compliance with the
orders of
suspension | 4764 |
| or impoundment. | 4765 |
| (2) The registrar shall issue any order under division
(B)(1) | 4774 |
| of this section without a hearing. Any person
adversely
affected | 4775 |
| by the order, within ten days after the issuance of
the
order, may | 4776 |
| request an administrative hearing before the
registrar,
who shall | 4777 |
| provide the person with an opportunity for a
hearing in
accordance | 4778 |
| with this paragraph. A request for a
hearing does not
operate as a | 4779 |
| suspension of the order. The scope
of the hearing
shall be limited | 4780 |
| to whether the person in fact
demonstrated to the
registrar proof | 4781 |
| of financial responsibility
in accordance with
this section. The | 4782 |
| registrar shall determine
the date, time, and
place of any | 4783 |
| hearing, provided that the
hearing shall be held, and
an order | 4784 |
| issued or findings made,
within thirty days after the
registrar | 4785 |
| receives a request for a
hearing. If requested by the
person in | 4786 |
| writing, the registrar
may designate as the place of
hearing the | 4787 |
| county seat of the
county in which the person resides
or a place | 4788 |
| within fifty miles
of the person's residence. The
person shall pay | 4789 |
| the cost of the
hearing before the registrar, if
the registrar's | 4790 |
| order of
suspension or impoundment is upheld. | 4791 |
| (C) Any order of suspension or impoundment issued under
this | 4792 |
|
section or division (B) of section 4509.37 of the Revised
Code may | 4793 |
|
be terminated at any time if the registrar determines
upon a | 4794 |
|
showing of proof of financial responsibility that the
operator or | 4795 |
|
owner of the motor vehicle was in compliance with
division (A)(1) | 4796 |
|
of this section at the time of the traffic
offense, motor vehicle | 4797 |
|
inspection, or accident that
resulted in
the order against the | 4798 |
|
person. A determination may be made
without a hearing. This | 4799 |
|
division does not apply unless the
person shows good cause for the | 4800 |
|
person's failure to present
satisfactory proof of financial | 4801 |
|
responsibility to the
registrar prior to the issuance of the | 4802 |
|
order. | 4803 |
| (b) Any peace officer who, in the performance of the peace | 4814 |
|
officer's duties as authorized by law, becomes aware of a person | 4815 |
|
whose license
is under an order of
suspension, or whose | 4816 |
|
certificate of registration and license
plates are under an order | 4817 |
|
of impoundment resulting from failure to
respond to a financial | 4818 |
|
responsibility random verification, shall
not, for that reason, | 4819 |
|
arrest the owner or operator or seize the vehicle or
license | 4820 |
|
plates. Instead, the peace officer shall issue a citation for a | 4821 |
|
violation of
section
4510.16
of the
Revised Code specifying the | 4822 |
|
circumstances as failure to respond to
a financial responsibility | 4823 |
|
random
verification. | 4824 |
| (5)(a) Upon receiving notice from a clerk of courts or | 4857 |
|
traffic
violations bureau pursuant to division (D)(4) of this | 4858 |
|
section,
the registrar shall
order the suspension of the license | 4859 |
|
of the person required under division
(A)(2)(a), (b),
or
(c) of | 4860 |
|
this section and the
impoundment of the
person's certificate of | 4861 |
|
registration and license plates required under
division
(A)(2)(d) | 4862 |
|
of this section, effective thirty
days after the date
of the | 4863 |
|
mailing of notification. The registrar also
shall notify
the | 4864 |
|
person
that the person must present the registrar with proof
of | 4865 |
|
financial
responsibility in accordance with this section, | 4866 |
|
surrender to the
registrar the person's certificate of | 4867 |
|
registration,
license plates,
and license, or submit a statement | 4868 |
|
subject to section 2921.13 of
the Revised Code that the person did | 4869 |
|
not operate or permit
the operation
of the motor vehicle at the | 4870 |
|
time of the offense.
Notification
shall be in writing and shall
be | 4871 |
| sent to the person at the person's
last known address as shown
on | 4872 |
| the records of the bureau of motor
vehicles. The person,
within | 4873 |
| fifteen days after the date
of the mailing of notification,
shall | 4874 |
| present proof of financial
responsibility, surrender the | 4875 |
|
certificate of registration,
license plates, and license to the | 4876 |
|
registrar in a
manner set
forth in division (A)(4) of this | 4877 |
|
section, or submit the statement
required under this section | 4878 |
|
together with other information the
person considers appropriate. | 4879 |
| (c) Any person adversely affected by the order of the | 4893 |
|
registrar under division (D)(5)(a) or (b) of this section,
within | 4894 |
|
ten days after the issuance of the order, may request an | 4895 |
|
administrative hearing before the registrar, who shall provide
the | 4896 |
|
person with an opportunity for a hearing in accordance with
this | 4897 |
|
paragraph. A request for a hearing does not operate as a | 4898 |
|
suspension of the order. The scope of the hearing shall be
limited | 4899 |
to whether, at the time of the hearing, the person in fact | 4900 |
demonstrated to the
registrarpresents proof of financial | 4901 |
| responsibility covering the vehicle and whether the person is | 4902 |
| eligible for an exemption in accordance with
this section or any | 4903 |
| rule adopted under it. The registrar shall determine the date, | 4904 |
| time, and
place of any hearing; provided, that the hearing shall | 4905 |
| be held,
and an order issued or findings made, within thirty days | 4906 |
| after
the
registrar receives a request for a hearing. If requested | 4907 |
| by
the
person in writing, the registrar may designate as the place | 4908 |
|
of
hearing the county seat of the county in which the person | 4909 |
|
resides
or a place within fifty miles of the person's residence. | 4910 |
|
Such
person shall pay the cost of the hearing before the | 4911 |
|
registrar, if
the registrar's order of suspension or impoundment | 4912 |
|
under division
(D)(5)(a) or (b) of this section is upheld. | 4913 |
| (E) All fees, except court costs, collected under this | 4935 |
|
section shall be paid into the state treasury to the credit of
the | 4936 |
|
financial responsibility compliance fund. The financial | 4937 |
|
responsibility compliance fund shall be used exclusively to cover | 4938 |
|
costs incurred by the bureau in the administration of this
section | 4939 |
|
and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, | 4940 |
|
and by any law enforcement agency employing any
peace officer who | 4941 |
|
returns any license, certificate of
registration, and license | 4942 |
|
plates to the registrar pursuant
to division (C) of this section, | 4943 |
|
except that the director
of
budget and management may transfer | 4944 |
|
excess money from the
financial responsibility compliance fund to | 4945 |
|
the state
bureau of motor vehicles fund if the registrar | 4946 |
|
determines that the amount of
money
in the financial | 4947 |
|
responsibility compliance fund exceeds the
amount required to | 4948 |
|
cover such costs incurred by the bureau or a
law enforcement | 4949 |
|
agency and requests the director to make the
transfer. | 4950 |
| (c) Whenever it is determined by a final judgment in a | 5013 |
|
judicial proceeding that an insurer or surety, which has been | 5014 |
|
named on a document accepted by a court or the registrar as proof | 5015 |
|
of financial responsibility covering the operation of a motor | 5016 |
|
vehicle at the time of an accident or offense, is not liable to | 5017 |
|
pay a judgment for injuries or damages resulting from such | 5018 |
|
operation, the registrar, notwithstanding any previous
contrary | 5019 |
|
finding, shall forthwith suspend the operating privileges and | 5020 |
|
registration rights of the person against whom the judgment was | 5021 |
|
rendered as provided in division (A)(2) of this section. | 5022 |
| (I) For purposes of this section, "owner" does not include
a | 5031 |
|
licensed motor vehicle leasing dealer as defined in section | 5032 |
|
4517.01 of the Revised Code, but does include a motor vehicle | 5033 |
|
renting dealer as defined in section 4549.65 of the Revised
Code.
| 5034 |
|
Nothing in this section or in section 4509.51 of the Revised Code | 5035 |
|
shall be
construed to prohibit a motor vehicle renting dealer
from | 5036 |
|
entering into a contractual agreement with a person whereby
the | 5037 |
|
person renting the motor vehicle agrees to be solely responsible | 5038 |
|
for
maintaining proof of
financial responsibility, in accordance | 5039 |
|
with this section, with
respect to the operation, maintenance, or | 5040 |
|
use of the motor vehicle during the
period
of the motor vehicle's | 5041 |
|
rental. | 5042 |
| (B) Reinstatement fees are those fees that compensate the | 5111 |
| bureau of motor vehicles for suspensions, cancellations, or | 5112 |
| disqualifications of a person's driving privileges and to | 5113 |
| compensate the bureau and other agencies in their administration | 5114 |
| of programs intended to reduce and eliminate threats to public | 5115 |
| safety through education, treatment, and other activities. The | 5116 |
| registrar of motor vehicles shall not reinstate a driver's or | 5117 |
| commercial driver's license or permit or nonresident operating | 5118 |
| privilege of a person until the person has paid all reinstatement | 5119 |
| fees and has complied with all conditions for each suspension, | 5120 |
| cancellation, or disqualification incurred by that person. | 5121 |
| (2) If the offender, but for the payment of the
reinstatement | 5132 |
|
fees, otherwise would be entitled to operate a
vehicle in this | 5133 |
| state or
to obtain reinstatement of the offender's
operating | 5134 |
| privileges,
permit the offender to operate a motor
vehicle, as | 5135 |
| authorized by
the court, until a future date upon
which date all | 5136 |
| reinstatement fees
must be paid in full. A payment
extension | 5137 |
| granted under this
division shall not exceed one hundred
eighty | 5138 |
| days, and any
operating privileges granted under this
division | 5139 |
| shall be solely
for the purpose of permitting the
offender | 5140 |
| occupational or "family
necessity" privileges in order to
enable | 5141 |
| the offender to
reasonably acquire the delinquent
reinstatement | 5142 |
| fees due and
owing. | 5143 |
| Sec.
4510.22. (A) If a person who has a current
valid
Ohio | 5158 |
| driver's, commercial driver's license,
or
temporary
instruction | 5159 |
| permit is charged with a
violation of any provision in
sections | 5160 |
| 4511.01 to 4511.76,
4511.84,
4513.01 to 4513.65,
or
4549.01
to | 5161 |
| 4549.65 of the Revised Code
that is classified as a
misdemeanor
of | 5162 |
| the first, second, third,
or fourth degree or with
a violation
of | 5163 |
| any
substantially equivalent
municipal ordinance
and if the person | 5164 |
| either fails to appear in court at the
required
time and place to | 5165 |
| answer the charge or pleads guilty to
or is
found guilty of the | 5166 |
| violation and fails within the time
allowed by
the court to pay | 5167 |
| the fine imposed by the court, the
court shall
declare the
| 5168 |
suspensionforfeiture of the person's
license.
Thirty
days
after | 5169 |
| the declaration of forfeiture, the court shall
inform
the | 5170 |
registrar of
motor vehicles of the
declarationforfeiture by | 5171 |
entering
information
relative to the
declarationof forfeiture on | 5172 |
| a
form
approved and furnished by
the
registrar and sending the | 5173 |
| form
to the registrar. The court
also shall forward
the person's | 5174 |
|
license, if it is in the
possession of the
court, to the | 5175 |
|
registrar. | 5176 |
| No valid driver's or
commercial driver's license shall be | 5187 |
|
granted to the person after
the suspension, unless the court | 5188 |
|
having
jurisdiction of the offense that led to the
suspension | 5189 |
orders that the
suspensionforfeiture be terminated.
The court | 5190 |
shall
order
the termination of the suspensionforfeiture if the | 5191 |
| person
thereafter appears
to answer the charge and pays any fine | 5192 |
| imposed
by the court or
pays the fine originally imposed by the | 5193 |
| court.
The
court
shall
inform the registrar of the termination of | 5194 |
the
suspensionforfeiture by
entering
information relative to the | 5195 |
|
termination on a form
approved and furnished by
the registrar and | 5196 |
|
sending the form to
the registrar. The
person
shall pay to the | 5197 |
bureau
of motor
vehicles a fifteen-dollar processingreinstatement | 5198 |
| fee
to cover the costs of the
bureau
in administering
this | 5199 |
|
section. The
registrar
shall
deposit
the fee into
the state bureau | 5200 |
| of
motor vehicles fund
created
by section 4501.25 of the Revised | 5201 |
|
Code. | 5202 |
| (B) In addition to suspending the driver's or commercial | 5203 |
|
driver's license
or permit of the person named in a declaration of
| 5204 |
suspensionforfeiture, the registrar, upon
receipt from the court | 5205 |
of the copy
of the declaration of
suspensionforfeiture, shall | 5206 |
|
take any measures that
may be necessary to ensure that neither the | 5207 |
|
registrar
nor any
deputy registrar accepts any application for the | 5208 |
|
registration or
transfer of registration of any motor vehicle | 5209 |
|
owned or leased by
the person
named in the declaration of | 5210 |
| forfeiture.
However, for a motor
vehicle
leased by a person named | 5211 |
|
in a declaration of forfeiture, the registrar
shall not
implement | 5212 |
|
the preceding sentence until
the
registrar
adopts
procedures for | 5213 |
|
that implementation under section 4503.39
of
the
Revised Code.
The | 5214 |
|
period of denial of registration
or transfer
shall continue
until | 5215 |
|
such time as the court having jurisdiction of
the offense
that led | 5216 |
to the suspension
orders the
suspension toforfeiture
be | 5217 |
|
terminated. Upon
receipt
by the registrar of
an
order
terminating | 5218 |
the
suspensionforfeiture, the registrar also
shall take any | 5219 |
|
measures
that may be
necessary to
permit the person to register a | 5220 |
|
motor vehicle owned
or leased by the person or
to transfer the | 5221 |
|
registration of such a
motor vehicle, if the person later
makes | 5222 |
|
application to take such
action and otherwise is eligible to | 5223 |
|
register
the motor vehicle or
to transfer its registration. | 5224 |
| (a) Three separate violations of
section 2903.06,
2903.08, | 5244 |
|
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201, | 5245 |
|
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57 | 5246 |
|
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised | 5247 |
|
Code,
section 4510.14 of the Revised Code
involving a
suspension | 5248 |
|
imposed under section 4511.191 or 4511.196
of the Revised
Code, | 5249 |
|
section 2903.04 of the
Revised Code in a case
in
which the
person | 5250 |
|
would have been subject to the sanctions
described in
division (D) | 5251 |
|
of that section had the person been
convicted of
the
violation of | 5252 |
|
that section, former section 2903.07
of the Revised Code, or any | 5253 |
|
municipal ordinances similarly
relating to the offenses referred | 5254 |
|
to in those
sections; | 5255 |
| (2) Any person whose license or permit is suspended under | 5262 |
|
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or | 5263 |
|
deliver the person's probationary
driver's
license, restricted | 5264 |
|
license, or temporary
instruction permit to the registrar within | 5265 |
|
fourteen
days of notification of the suspension. The registrar | 5266 |
|
shall
retain the license or permit during the period of the | 5267 |
|
suspension. A
suspension pursuant to division (A)(1)(a) of this | 5268 |
|
section shall
be a class C
suspension, a
suspension
pursuant to | 5269 |
|
division (A)(1)(b) of this
section shall
be a class D suspension, | 5270 |
|
and a
suspension pursuant to division
(A)(1)(c) of this section | 5271 |
|
shall
be a class E suspension, all for the periods
of
time | 5272 |
|
specified in division (B) of section 4510.02 of the
Revised
Code. | 5273 |
|
If the person's probationary
driver's license, restricted
license, | 5274 |
|
or temporary
instruction permit is under suspension on
the
date | 5275 |
|
the court imposes sentence upon the person for a
violation | 5276 |
|
described in division (A)(1)(b) of this section, the
suspension | 5277 |
|
shall take effect on the next day immediately following
the end
of | 5278 |
|
that period of suspension. If the person is sixteen
years of
age | 5279 |
|
or older and pleads guilty to or is convicted of a
violation | 5280 |
|
described in division (A)(1)(b) of this section and
the
person | 5281 |
|
does not have
a current, valid probationary driver's
license, | 5282 |
|
restricted
license, or temporary instruction permit, the
registrar | 5283 |
|
shall
deny the issuance to the person of a
probationary
driver's | 5284 |
|
license, restricted license, driver's
license, commercial
driver's | 5285 |
|
license, or temporary instruction permit, as the case
may
be, for | 5286 |
|
six months beginning on
the date the court imposes
sentence upon | 5287 |
|
the person for the
violation. If the person has not
attained the | 5288 |
|
age of sixteen
years on the date the court imposes
sentence upon | 5289 |
|
the person
for the
violation, the period of denial
shall commence | 5290 |
|
on the date the
person attains the age of sixteen
years. | 5291 |
| (B) The registrar also shall
impose a class D
suspension
for | 5296 |
| the period of time specified in division (B)(4) of
section
4510.02 | 5297 |
| of the Revised Code of the temporary
instruction
permit or | 5298 |
|
probationary driver's license of any person
under the
age of | 5299 |
|
eighteen who has been adjudicated
an unruly
child,
delinquent | 5300 |
|
child, or
juvenile traffic offender for having
committed
any act | 5301 |
|
that if committed by an adult would be a drug
abuse
offense
or a | 5302 |
|
violation of division (B) of section 2917.11 of the Revised
Code. | 5303 |
|
The registrar, in the registrar's discretion, may
terminate the | 5304 |
|
suspension
if the child,
at
the discretion of the
court,
attends | 5305 |
|
and satisfactorily completes a
drug
abuse or
alcohol abuse | 5306 |
|
education, intervention, or treatment
program
specified by the | 5307 |
|
court. Any person whose temporary
instruction
permit or | 5308 |
|
probationary driver's license is suspended
under this
division | 5309 |
|
shall mail or deliver the person's
permit or license
to
the | 5310 |
|
registrar within fourteen days of notification of the
suspension. | 5311 |
|
The registrar shall retain the permit or license
during
the
period | 5312 |
|
of the suspension. | 5313 |
| (C)(1)
Except as provided in division (C)(3) of this
section, | 5314 |
|
for
any
person who is
convicted of, pleads guilty to,
or is | 5315 |
|
adjudicated in juvenile
court of having committed a
second
or | 5316 |
|
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to | 5317 |
|
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or | 5318 |
|
4511.75 of the Revised Code or
any similar municipal ordinances | 5319 |
|
and whose license or permit is suspended
under division (A)(1)(a) | 5320 |
|
or (c) of
this section, the
court in which the
second or third | 5321 |
|
conviction, finding, plea, or
adjudication
resulting in the | 5322 |
|
suspension was made, upon petition of the
person, may grant the | 5323 |
|
person
limited driving privileges
during the
period
during which | 5324 |
|
the suspension otherwise would be imposed under
division
(A)(1)(a) | 5325 |
|
or (c) of this section
if the court finds
reasonable cause to | 5326 |
|
believe that the suspension will seriously affect the person's | 5327 |
|
ability
to
continue in employment,
educational training, | 5328 |
|
vocational
training,
or treatment.
In
granting
the limited
driving | 5329 |
| privileges, the court
shall
specify
the
purposes, times,
and | 5330 |
| places
of the privileges and may impose
any other conditions
upon | 5331 |
|
the person's
driving a motor
vehicle
that the court
considers | 5332 |
| reasonable and necessary. | 5333 |
| A court that grants
limited driving privileges
to a
person | 5334 |
|
under this division shall retain the person's
probationary | 5335 |
|
driver's license, restricted license, or temporary
instruction | 5336 |
|
permit during the period the
license or permit is
suspended and | 5337 |
|
also during the period for which
limited driving privileges are | 5338 |
|
granted, and shall
deliver to
the
person a permit card, in a form | 5339 |
|
to be prescribed by the
court,
setting forth the date on which the
| 5340 |
|
limited
driving
privileges will become effective,
the purposes for | 5341 |
|
which the
person may
drive, the times and places at which
the | 5342 |
|
person may
drive, and any other conditions imposed upon the | 5343 |
|
person's use of a
motor vehicle. | 5344 |
| The court immediately shall notify the registrar, in
writing, | 5345 |
|
of a grant of
limited driving privileges
under this
division.
The | 5346 |
|
notification shall specify the date on which the
limited
driving | 5347 |
|
privileges will become effective,
the
purposes for which
the | 5348 |
|
person
may drive, the times and places at
which the person may | 5349 |
|
drive, and any other conditions imposed upon
the person's use of a | 5350 |
|
motor vehicle. The registrar shall not
suspend the probationary | 5351 |
|
driver's license, restricted
license, or
temporary instruction | 5352 |
|
permit
of any person pursuant to division
(A) of this section | 5353 |
|
during any
period for which the person has
been granted
limited | 5354 |
|
driving
privileges as provided
in this division, if the registrar | 5355 |
|
has
received the notification
described in this division from the | 5356 |
|
court. | 5357 |
| (2)
Except as provided in division (C)(3) of this
section,
in | 5358 |
|
any case in which the temporary instruction permit or
probationary | 5359 |
|
driver's license of a person under eighteen years of
age has been | 5360 |
|
suspended under
division (A) or (B) of this section
or any other | 5361 |
|
provision
of law, the
court may grant the person
limited driving | 5362 |
|
privileges for the purpose of the
person's
practicing of
driving | 5363 |
|
with the person's parent, guardian, or other
custodian during the | 5364 |
|
period of the suspension.
Any grant of
limited driving privileges | 5365 |
|
under this division shall
comply with
division (D) of section | 5366 |
|
4510.021 of the Revised Code. | 5367 |
| (D) If a
person who has been granted
limited
driving | 5375 |
|
privileges under division (C) of this section is convicted
of, | 5376 |
|
pleads guilty to, or is adjudicated in juvenile court of
having | 5377 |
|
committed, a violation of
Chapter
4510. of
the Revised Code, or
a | 5378 |
|
subsequent violation of any of
the
sections of
the Revised Code | 5379 |
|
listed in division
(A)(1)(a) of this section or any
similar | 5380 |
|
municipal ordinance
during the period for which the
person was | 5381 |
|
granted
limited driving privileges, the court that
granted
the
| 5382 |
|
limited driving privileges shall
suspend
the person's permit
card. | 5383 |
| The court or the clerk
of the court
immediately shall
forward the | 5384 |
| person's probationary
driver's
license, restricted
license, or | 5385 |
| temporary
instruction
permit together with written
notification
of | 5386 |
| the court's action to
the registrar. Upon receipt
of the
license | 5387 |
| or permit and
notification, the registrar shall
impose a class C | 5388 |
|
suspension of the
person's probationary driver's
license, | 5389 |
|
restricted
license, or temporary instruction permit for
the
period | 5390 |
| of
time specified in division (B)(3) of section
4510.02 of the | 5391 |
|
Revised Code. The registrar shall retain
the
license or permit | 5392 |
|
during the period of suspension, and no further
limited
driving | 5393 |
| privileges shall be granted during
that period. | 5394 |
| Sec. 4510.43. (A)(1)
The director of public safety, upon | 5410 |
|
consultation with the director of health and in accordance with | 5411 |
|
Chapter 119. of the Revised Code,
shall certify immobilizing and | 5412 |
|
disabling devices and shall publish and make
available to the | 5413 |
|
courts, without charge, a list of
approved devices together with | 5414 |
|
information about the manufacturers
of the devices and where they | 5415 |
|
may be obtained. The manufacturer of an
immobilizing or disabling | 5416 |
|
device shall pay the cost of
obtaining the certification of the | 5417 |
|
device
to the director of
public safety, and the director shall | 5418 |
|
deposit the payment in the drivers'
treatment and
intervention | 5419 |
|
fund established by sections 4511.19 and 4511.191 of
the Revised | 5420 |
|
Code. | 5421 |
| (2) The director of public safety, in accordance with
Chapter | 5422 |
|
119. of the Revised Code, shall adopt and publish rules
setting | 5423 |
|
forth the requirements for obtaining the certification of
an | 5424 |
|
immobilizing or disabling device. The director of public
safety | 5425 |
| shall not
certify an immobilizing or disabling
device under
this | 5426 |
| section unless it meets the requirements specified and
published | 5427 |
| by the director in the rules adopted pursuant to this
division. A | 5428 |
| certified device may consist of an
ignition interlock
device, an | 5429 |
| ignition blocking device initiated
by time or magnetic
or | 5430 |
| electronic encoding, an activity monitor,
or any other device
that | 5431 |
| reasonably assures compliance with an
order granting limited | 5432 |
|
driving privileges. | 5433 |
| (B)
A court considering the use of a prototype device in a | 5470 |
|
pilot
program shall advise the director of public safety, thirty | 5471 |
|
days before the
use, of the prototype device and its protocol, | 5472 |
|
methodology, manufacturer, and licensor, lessor, other agent, or | 5473 |
|
owner, and the length of the court's pilot program. A prototype | 5474 |
|
device shall not be used for a violation of section 4510.14
or | 5475 |
|
4511.19 of the Revised Code, a violation of a municipal OVI | 5476 |
|
ordinance, or in relation to a
suspension
imposed under section | 5477 |
|
4511.191 of the Revised
Code. A court that
uses a prototype
device | 5478 |
| in a pilot program,
periodically during
the existence of
the | 5479 |
| program and within fourteen days
after
termination of the
program, | 5480 |
| shall report in writing to the
director of
public safety
regarding | 5481 |
| the effectiveness of the
prototype device and the
program. | 5482 |
(1) Ifthe person may operate a motor vehicle to be driven | 5487 |
under the limited
driving
privilegesthat is owned by the person's | 5488 |
employer andonly if the
person is
required to operate that motor | 5489 |
vehicle
in the course and
scope of the offender's employment, the. | 5490 |
| Such a person may operate
that
vehicle without the installation of | 5491 |
| an immobilizing or
disabling
device, provided that the employer | 5492 |
| has been notified
that the
person has limited driving privileges | 5493 |
| and of the nature
of the
restriction and further provided that the | 5494 |
| person has proof of the
employer's
notification in the person's | 5495 |
| possession while
operating the
employer's vehicle for normal | 5496 |
| business duties. A
motor vehicle
owned by a business that is | 5497 |
| partly or entirely owned
or controlled
by a person with limited | 5498 |
| driving privileges is
not a motor vehicle
owned by an employer, | 5499 |
| for purposes of this
division. | 5500 |
(2) If the motor vehicle to be driven under the limited | 5501 |
driving
privileges is registered in a state other than this state, | 5502 |
instead of
installing on that vehicle an immobilizing or disabling | 5503 |
device,
the person with the limited driving privileges shall | 5504 |
display on
the vehicle a decal, as prescribed by the registrar of | 5505 |
motor
vehicles, that states that the vehicle is subject to limited | 5506 |
driving privileges in this state and that describes the | 5507 |
restriction. The decal shall be displayed on the bottom left | 5508 |
corner
of the back window of the vehicle or, if there is no back | 5509 |
window, on the bottom left corner of the windshield of the | 5510 |
vehicle. | 5511 |
| (A) "Vehicle" means every device, including a motorized | 5514 |
|
bicycle, in, upon, or by which any person or property may be | 5515 |
|
transported or drawn upon a highway, except
that "vehicle" does | 5516 |
|
not include any motorized
wheelchair,
any electric personal | 5517 |
assistive mobility
devicesdevice, any
device that is moved
by | 5518 |
|
power collected from overhead
electric
trolley wires or
that is | 5519 |
|
used exclusively upon stationary rails
or tracks,
or any device, | 5520 |
|
other than
a
bicycle, that is moved by human power. | 5521 |
| (B) "Motor vehicle" means every vehicle propelled or drawn
by | 5522 |
| power other than muscular power or power collected from
overhead | 5523 |
| electric trolley wires, except motorized bicycles, road
rollers, | 5524 |
| traction engines, power shovels, power cranes, and other
equipment | 5525 |
| used in construction work and not designed for or
employed in | 5526 |
| general highway transportation, hole-digging
machinery, | 5527 |
| well-drilling machinery, ditch-digging machinery, farm
machinery, | 5528 |
| trailers used to transport agricultural produce or
agricultural | 5529 |
| production materials between a local place of
storage
or supply | 5530 |
| and the farm when drawn or towed on a street or
highway
at a speed | 5531 |
| of twenty-five miles per hour or less,
threshing
machinery, | 5532 |
| hay-baling machinery, agricultural tractors
and
machinery used in | 5533 |
| the production of horticultural,
floricultural,
agricultural, and | 5534 |
| vegetable products, and trailers
designed and
used exclusively to | 5535 |
| transport a boat between a place
of storage
and a marina, or in | 5536 |
| and around a marina, when drawn or
towed on a
street or highway | 5537 |
| for a distance of no more than ten
miles and at
a speed of | 5538 |
| twenty-five miles per hour or less. | 5539 |
| (F) "School bus" means every bus designed for carrying
more | 5581 |
|
than nine passengers that is owned by a public,
private, or | 5582 |
|
governmental agency or institution of learning and operated for | 5583 |
|
the transportation of children to or from a school session or a | 5584 |
|
school function, or owned by a private person and operated for | 5585 |
|
compensation for the transportation of children to or from a | 5586 |
|
school session or a school function, provided "school bus" does | 5587 |
|
not include a bus operated by a municipally owned transportation | 5588 |
|
system, a mass transit company operating exclusively within the | 5589 |
|
territorial limits of a municipal corporation, or within such | 5590 |
|
limits and the territorial limits of municipal corporations | 5591 |
|
immediately contiguous to such municipal corporation, nor a
common | 5592 |
|
passenger carrier certified by the public utilities
commission | 5593 |
|
unless such bus is devoted exclusively to the
transportation of | 5594 |
|
children to and from a school session or a
school function, and | 5595 |
|
"school bus" does not include a van or bus
used by a licensed | 5596 |
|
child day-care center or type A family
day-care home to transport | 5597 |
|
children from the child day-care
center or type A family day-care | 5598 |
|
home to a school if the van or
bus does not have more than fifteen | 5599 |
|
children in the van or bus at
any time. | 5600 |
| (M) "Trailer" means every vehicle designed or used for | 5631 |
|
carrying persons or property wholly on its own structure and for | 5632 |
|
being drawn by a motor vehicle, including any such vehicle when | 5633 |
|
formed by or operated as a combination of a "semitrailer" and a | 5634 |
|
vehicle of the dolly type, such as that commonly known as a | 5635 |
|
"trailer dolly," a vehicle used to transport agricultural produce | 5636 |
|
or agricultural production materials between a local place of | 5637 |
|
storage or supply and the farm when drawn or towed on a street or | 5638 |
|
highway at a speed greater than twenty-five miles per hour, and a | 5639 |
|
vehicle designed and used exclusively to transport a boat between | 5640 |
|
a place of storage and a marina, or in and around a marina, when | 5641 |
|
drawn or towed on a street or highway for a distance of more than | 5642 |
|
ten miles or at a speed of more than twenty-five miles per hour. | 5643 |
| (T) "Explosives" means any chemical compound or mechanical | 5665 |
|
mixture that is intended for the purpose of producing an
explosion | 5666 |
|
that contains any oxidizing and combustible units or
other | 5667 |
|
ingredients in such proportions, quantities, or packing
that an | 5668 |
|
ignition by fire, by friction, by concussion, by
percussion, or by | 5669 |
|
a detonator of any part of the compound or
mixture may cause such | 5670 |
|
a sudden generation of highly heated gases
that the resultant | 5671 |
|
gaseous pressures are capable of producing
destructive effects on | 5672 |
|
contiguous objects, or of destroying life
or limb. Manufactured | 5673 |
|
articles shall not be held to be
explosives when the individual | 5674 |
|
units contain explosives in such
limited quantities, of such | 5675 |
|
nature, or in such packing, that it
is impossible to procure a | 5676 |
|
simultaneous or a destructive
explosion of such units, to the | 5677 |
|
injury of life, limb, or property
by fire, by friction, by | 5678 |
|
concussion, by percussion, or by a
detonator, such as fixed | 5679 |
|
ammunition for small arms, firecrackers,
or safety fuse matches. | 5680 |
| (1) A violation of section 4511.03, 4511.051, 4511.12, | 5864 |
|
4511.132,
4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213, | 5865 |
|
4511.22,
4511.23, 4511.25,
4511.26,
4511.27, 4511.28, 4511.29, | 5866 |
|
4511.30,
4511.31, 4511.32, 4511.33, 4511.34,
4511.35,
4511.36, | 5867 |
|
4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43, | 5868 |
|
4511.431,
4511.432, 4511.44, 4511.441, 4511.451,
4511.452, | 5869 |
|
4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50,
4511.511, | 5870 |
|
4511.53, 4511.54,
4511.55, 4511.56, 4511.57, 4511.58,
4511.59, | 5871 |
|
4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68,
4511.70, | 5872 |
|
4511.701, 4511.71,
4511.711, 4511.712, 4511.713, 4511.72,
4511.73, | 5873 |
|
4511.763,
4511.771, 4511.78, or 4511.84 of the Revised
Code; | 5874 |
| Sec. 4513.61. The sheriff of a county or chief of police
of | 5927 |
| a municipal corporation, township, or township police
district, | 5928 |
| within the sheriff's or chief's respective
territorial | 5929 |
| jurisdiction, or a
state highway patrol trooper, upon notification | 5930 |
| to the sheriff or
chief of police of such action and of the | 5931 |
| location of the place
of storage, may order into storage any motor | 5932 |
| vehicle,
including
an abandoned junk motor vehicle as defined in | 5933 |
| section 4513.63 of
the Revised Code, that has come into the | 5934 |
| possession of the
sheriff, chief of police, or state highway | 5935 |
| patrol trooper as a result of the
performance of the sheriff's, | 5936 |
| chief's, or trooper's duties or that has
been left on a public | 5937 |
| street or other property open to the public for purposes
of | 5938 |
| vehicular travel, or upon or within the right-of-way of any road | 5939 |
| or
highway, for forty-eight hours or longer without notification | 5940 |
| to the
sheriff or chief of police of the reasons for leaving the | 5941 |
| motor vehicle
in such place, except that when such a motor vehicle | 5942 |
| constitutes an
obstruction to traffic it may be ordered into | 5943 |
| storage immediately. The
sheriff or chief of police shall | 5944 |
| designate
the place of storage of any motor vehicle so ordered | 5945 |
| removed. | 5946 |
| The sheriff or chief of police immediately shall cause a | 5947 |
|
search to be made of the records of the bureau of motor vehicles | 5948 |
|
to ascertain the owner and any lienholder of a motor vehicle | 5949 |
|
ordered into storage by the sheriff or chief of police, or by a | 5950 |
|
state highway patrol trooper, and, if known, shall send or cause | 5951 |
| to be
sent notice to the owner or lienholder at the owner's or | 5952 |
|
lienholder's last known address by
certified mail with return | 5953 |
| receipt requested, that the motor vehicle will
be declared a | 5954 |
| nuisance and disposed of if not claimed within ten
days of the | 5955 |
| date of mailing of the notice. The owner or
lienholder of the | 5956 |
| motor vehicle may reclaim it upon payment of
any expenses or | 5957 |
| charges incurred in its removal and storage, and
presentation of | 5958 |
| proof of ownership, which may be evidenced by a
certificate of | 5959 |
| title or memorandum certificate of title to the motor vehicle. If | 5960 |
| the owner or lienholder of
the motor vehicle reclaims it after a | 5961 |
|
search of the records of the bureau has been conducted and after | 5962 |
| notice has
been sent to the owner or lienholder as described in | 5963 |
| this section, and the
search was conducted by the owner of the | 5964 |
| place of storage or the owner's
employee, and the notice was sent | 5965 |
| to the motor vehicle owner by the owner of
the place of storage or | 5966 |
| the owner's employee, the owner or lienholder shall
pay to the | 5967 |
| place of storage a processing fee of twenty-five
dollars, in | 5968 |
| addition to any expenses or charges incurred in the removal and | 5969 |
|
storage of the vehicle. | 5970 |
| If the owner or lienholder makes no claim to the motor | 5971 |
|
vehicle within ten days of the date of mailing of the notice, and | 5972 |
|
if the vehicle is to be disposed of at public auction as provided | 5973 |
|
in section 4513.62 of the Revised Code, the sheriff or chief of | 5974 |
|
police shall file with the clerk of courts of the county in which | 5975 |
|
the place of storage is located an affidavit showing compliance | 5976 |
|
with the requirements of this section. Upon presentation of the | 5977 |
|
affidavit, the clerk, without charge,
shall issue a salvage | 5978 |
| certificate of title, free and clear of all liens
and | 5979 |
| encumbrances, to the sheriff or chief of police. If the vehicle
is | 5980 |
| to be disposed of to a motor vehicle salvage dealer or other | 5981 |
|
facility as provided in section 4513.62 of the Revised Code, the | 5982 |
|
sheriff or chief of police shall execute in triplicate an | 5983 |
|
affidavit, as prescribed by the registrar of motor vehicles, | 5984 |
|
describing the motor vehicle and the manner in which it was | 5985 |
|
disposed of, and that all requirements of this section have been | 5986 |
|
complied with. The sheriff or chief of police shall retain the | 5987 |
|
original of the affidavit for the sheriff's or chief's
records, | 5988 |
| and shall furnish two
copies to the motor vehicle salvage dealer | 5989 |
| or other facility. Upon
presentation of a copy of the affidavit by | 5990 |
| the motor vehicle
salvage dealer, the clerk of courts, within | 5991 |
| thirty days of the presentation, shall issue to such owner a | 5992 |
|
salvage certificate of title, free and clear of all liens and | 5993 |
|
encumbrances. | 5994 |
| The sheriff of a county or chief of police of a municipal | 6017 |
|
corporation, township, or township police district, within the | 6018 |
|
sheriff's or chief's respective territorial jurisdiction, or a | 6019 |
| state
highway patrol trooper, upon notification to the sheriff or | 6020 |
| chief of police of
such action, shall order any abandoned junk | 6021 |
| motor vehicle to be
photographed by a law enforcement officer. The | 6022 |
| officer shall
record the make of motor vehicle, the serial number | 6023 |
| when
available, and shall also detail the damage or missing | 6024 |
| equipment
to substantiate the value of one thousand five hundred | 6025 |
|
dollars or less. The sheriff or chief of police shall thereupon | 6026 |
| immediately
dispose of the abandoned junk motor vehicle to a motor | 6027 |
| vehicle salvage
dealer as defined in section 4738.01 of the | 6028 |
| Revised Code or a
scrap metal processing facility as defined in | 6029 |
| section 4737.05 of
the Revised Code which is under contract to the | 6030 |
| county, township,
or municipal corporation, or to any other | 6031 |
| facility owned by or
under contract with the county, township, or | 6032 |
| municipal
corporation for the destruction of such motor vehicles. | 6033 |
| The
records and photograph relating to the abandoned junk motor | 6034 |
|
vehicle shall be retained by the law enforcement agency ordering | 6035 |
|
the disposition of such vehicle for a period of at least two | 6036 |
|
years. The law enforcement agency shall execute in quadruplicate | 6037 |
|
an affidavit, as prescribed by the registrar of motor vehicles, | 6038 |
|
describing the motor vehicle and the manner in which it was | 6039 |
|
disposed of, and that all requirements of this section have been | 6040 |
|
complied with, and, within thirty days of disposing of the | 6041 |
vehicle, shall sign and file the sameaffidavit with the clerk of | 6042 |
|
courts of the county in which the motor vehicle was abandoned.
The | 6043 |
| clerk of courts shall retain the original of the affidavit
for the | 6044 |
| clerk's files, shall furnish one copy thereof to the
registrar, | 6045 |
| one copy to the motor vehicle salvage dealer or other facility | 6046 |
|
handling the disposal of the vehicle, and one copy to the law | 6047 |
|
enforcement agency ordering the disposal, who shall file such
copy | 6048 |
| with the records and photograph relating to the disposal.
Any | 6049 |
| moneys arising from the disposal of an abandoned junk motor | 6050 |
|
vehicle shall be deposited in the general fund of the county, | 6051 |
|
township, or the municipal corporation, as the case may be. | 6052 |
| (L) "Used motor vehicle dealer" means any person engaged
in | 6105 |
|
the business of selling, displaying, offering for sale, or
dealing | 6106 |
|
in used motor vehicles, at retail or wholesale, but does
not mean | 6107 |
|
any new motor vehicle dealer selling, displaying,
offering for | 6108 |
|
sale, or dealing in used motor vehicles incidentally
to engaging | 6109 |
|
in the business of selling, displaying, offering for
sale, or | 6110 |
|
dealing in new motor vehicles, any person engaged in the
business | 6111 |
|
of dismantling, salvaging, or rebuilding motor vehicles
by means | 6112 |
|
of using used parts, or any public officer performing
official | 6113 |
|
duties. | 6114 |
| (M) "Motor vehicle leasing dealer" means any person
engaged | 6115 |
|
in the business of regularly making available, offering
to make | 6116 |
|
available, or arranging for another person to use a motor
vehicle | 6117 |
|
pursuant to a bailment, lease, sublease, or other
contractual | 6118 |
|
arrangement under which a charge is made for its use at a
periodic | 6119 |
|
rate for a term of thirty days or more, and title to the
motor | 6120 |
|
vehicle is in and remains in the motor
vehicle leasing dealer who | 6121 |
|
originally leases it, irrespective of whether or
not the motor | 6122 |
|
vehicle is the subject of a later sublease, and not in the
user, | 6123 |
|
but does not
mean a manufacturer or its affiliate leasing to its | 6124 |
|
employees or
to dealers. | 6125 |
| (O) "Casual sale" means any transfer of a motor vehicle by
a | 6131 |
|
person other than a new motor vehicle dealer, used motor
vehicle | 6132 |
|
dealer, motor vehicle salvage dealer, as defined in
division (A) | 6133 |
|
of section 4738.01 of the Revised Code, salesperson,
motor vehicle | 6134 |
|
auction owner, manufacturer, or distributor acting
in the capacity | 6135 |
|
of a dealer, salesperson, auction owner,
manufacturer, or | 6136 |
|
distributor, to a person who purchases the motor
vehicle for use | 6137 |
|
as a consumer. | 6138 |
| (BB) "Good faith" means honesty in the conduct or
transaction | 6197 |
| concerned and the observance of reasonable commercial
standards of | 6198 |
| fair dealing in the trade as is defined in division
(S) of section | 6199 |
| 1301.01 of the Revised Code, including, but not
limited to, the | 6200 |
| duty to act in a fair and equitable manner so as
to guarantee | 6201 |
| freedom from coercion, intimidation, or threats of
coercion or | 6202 |
| intimidation; provided however, that recommendation,
endorsement, | 6203 |
| exposition, persuasion, urging, or argument shall
not
be | 6204 |
| considered to constitute a lack of good faith. | 6205 |
| (GG)(1) "Remanufacturer" means a person who assembles or | 6226 |
|
installs passenger seating, walls, a roof elevation, or a body | 6227 |
|
extension on a conversion van with the motor vehicle chassis | 6228 |
|
supplied by a
manufacturer
or distributor, a person who modifies a | 6229 |
|
truck chassis supplied by a
manufacturer or distributor for use as | 6230 |
|
a public safety or public service
vehicle, a person who modifies a | 6231 |
|
motor vehicle chassis supplied
by a manufacturer or distributor | 6232 |
|
for use as a limousine or hearse,
or a person who modifies an | 6233 |
|
incomplete motor vehicle cab
and chassis supplied by a new motor | 6234 |
|
vehicle dealer or
distributor for use as a tow truck,
but does not | 6235 |
|
mean either of the following: | 6236 |
| (3) For the purposes of division (GG)(1) of this section, | 6254 |
|
"limousine" means a motor vehicle, designed only for the purpose | 6255 |
|
of carrying nine or fewer passengers, that a person modifies by | 6256 |
|
cutting the original chassis, lengthening the wheelbase by forty | 6257 |
|
inches or more, and reinforcing the chassis in such a way
that all | 6258 |
|
modifications comply with all applicable federal motor
vehicle | 6259 |
|
safety standards. No person shall qualify as or be deemed
to be a | 6260 |
|
remanufacturer who produces limousines unless the person
has a | 6261 |
|
written agreement with the manufacturer of the chassis the
person | 6262 |
|
utilizes to produce the limousines to complete properly
the | 6263 |
|
remanufacture of the chassis into limousines. | 6264 |
| (4) For the purposes of division (GG)(1) of this section, | 6265 |
|
"hearse"
means a motor vehicle, designed only for the purpose of | 6266 |
|
transporting a single casket, that is equipped with a compartment | 6267 |
|
designed specifically to carry a single casket that a person | 6268 |
|
modifies by cutting the original chassis, lengthening the | 6269 |
|
wheelbase by ten inches or more, and reinforcing the chassis in | 6270 |
|
such a way that all modifications comply with all applicable | 6271 |
|
federal motor vehicle safety standards. No person shall qualify
as | 6272 |
|
or be deemed to be a remanufacturer who produces hearses unless | 6273 |
|
the person has a written agreement with the manufacturer of the | 6274 |
|
chassis the person utilizes to produce the hearses to complete | 6275 |
|
properly the remanufacture of the chassis into hearses. | 6276 |
| (5) For the purposes of division (GG)(1) of this section, | 6277 |
|
"mobile
self-contained facility vehicle" means a mobile classroom | 6278 |
|
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 6279 |
|
testing laboratory, and mobile display vehicle, each of which is | 6280 |
|
designed for purposes other than for passenger transportation
and | 6281 |
|
other than the transportation or displacement of cargo,
freight, | 6282 |
|
materials, or merchandise. A vehicle is remanufactured
into a | 6283 |
|
mobile self-contained facility vehicle in part by the
addition of | 6284 |
|
insulation to the body shell, and installation of
all of the | 6285 |
|
following: a generator, electrical wiring, plumbing,
holding | 6286 |
|
tanks, doors, windows, cabinets, shelving, and heating, | 6287 |
|
ventilating, and air conditioning systems. | 6288 |
| (a) An incomplete cab
and chassis that are purchased by a | 6291 |
|
remanufacturer from a new
motor vehicle dealer or distributor of | 6292 |
|
the cab and chassis
and on which the remanufacturer then installs | 6293 |
|
in a permanent manner a
wrecker body it purchases from a | 6294 |
|
manufacturer or distributor of
wrecker bodies, installs an | 6295 |
|
emergency flashing light pylon and
emergency lights upon the mast | 6296 |
|
of the wrecker body or rooftop,
and installs such other related | 6297 |
|
accessories and equipment,
including push bumpers, front grille | 6298 |
|
guards with pads and other
custom-ordered items such as painting, | 6299 |
|
special lettering, and
safety striping so as to create a complete | 6300 |
|
motor vehicle capable
of lifting and towing another motor vehicle. | 6301 |
| (b) An incomplete cab
and chassis that are purchased by a | 6302 |
|
remanufacturer from a new
motor vehicle dealer or distributor of | 6303 |
|
the cab and chassis
and on which the remanufacturer then installs | 6304 |
|
in a permanent manner a
car carrier body it purchases from a | 6305 |
|
manufacturer or distributor
of car carrier bodies, installs an | 6306 |
|
emergency flashing light
pylon and emergency lights upon the | 6307 |
|
rooftop, and installs such
other related accessories and | 6308 |
|
equipment, including push bumpers,
front grille guards with pads | 6309 |
|
and other custom-ordered items
such as painting, special | 6310 |
|
lettering, and safety striping. | 6311 |
| (HH) "Operating as a new motor vehicle dealership" means | 6318 |
|
engaging in activities such as displaying, offering for sale, and | 6319 |
|
selling new motor vehicles at retail, operating a service
facility | 6320 |
|
to perform repairs and maintenance on motor vehicles,
offering for | 6321 |
|
sale and selling motor vehicle parts at retail, and
conducting all | 6322 |
|
other acts that are usual and customary to the
operation of a new | 6323 |
|
motor vehicle dealership. For the purposes of
this chapter only, | 6324 |
|
possession of either a valid new motor vehicle
dealer franchise | 6325 |
|
agreement or a new motor vehicle dealers
license, or both of these | 6326 |
|
items, is not evidence that a person is
operating as a new motor | 6327 |
|
vehicle dealership. | 6328 |
| (KK) "Remote service facility" means premises that are | 6335 |
|
separate from a licensed new motor vehicle dealer's sales facility | 6336 |
| by not more than one mile
and that are used by the dealer to | 6337 |
| perform repairs, warranty work,
recall work, and maintenance on | 6338 |
| motor vehicles pursuant to a
franchise agreement entered into with | 6339 |
| a manufacturer of motor
vehicles. A remote service facility shall | 6340 |
| be deemed to be part of
the franchise agreement and is subject to | 6341 |
| all the rights, duties,
obligations, and requirements of Chapter | 6342 |
| 4517. of the Revised
Code that relate to the performance of motor | 6343 |
| vehicle repairs, warranty work, recall work, and maintenance work | 6344 |
| by new motor vehicle dealers. | 6345 |
| Sec. 4517.03. (A) A place of business that is used for | 6346 |
|
selling, displaying, offering for sale, or dealing in motor | 6347 |
|
vehicles shall be considered as used exclusively for those | 6348 |
|
purposes even though snowmobiles, farm
machinery, outdoor power | 6349 |
|
equipment, watercraft and related
products, or products | 6350 |
|
manufactured or distributed by a motor vehicle manufacturer with | 6351 |
|
which the
motor vehicle
dealer has a franchise agreement are sold | 6352 |
|
or displayed there, or if
repair, accessory,
gasoline and oil, | 6353 |
|
storage, parts, service, or paint
departments
are maintained | 6354 |
|
there, or such products or services are provided
there, if the | 6355 |
|
departments are operated or
the products or
services are provided | 6356 |
|
for the business of selling, displaying,
offering for sale, or | 6357 |
|
dealing in motor vehicles. Places of
business or departments in a | 6358 |
|
place of business used to dismantle,
salvage, or rebuild motor | 6359 |
|
vehicles by means of using used parts,
are not considered as being | 6360 |
|
maintained for the purpose of
assisting or furthering the selling, | 6361 |
|
displaying, offering for
sale, or dealing in motor vehicles. A | 6362 |
|
place of business shall be considered
as used exclusively for | 6363 |
|
selling, displaying, offering for sale, or
dealing in motor | 6364 |
|
vehicles even though a business owned by a
motor vehicle leasing | 6365 |
|
dealer or a motor vehicle renting dealer
is located at the place | 6366 |
|
of
business. | 6367 |
| (B)(1) No new motor vehicle dealer shall sell, display, offer | 6368 |
|
for sale, or deal in motor vehicles at any place except an | 6369 |
|
established place of business that is used exclusively for the | 6370 |
|
purpose of selling, displaying, offering for sale, or dealing in | 6371 |
|
motor vehicles. The place of business shall have
space, under | 6372 |
roof, for the display of at
least one new motor vehicle and. The | 6373 |
| established place of business or, if the dealer operates a remote | 6374 |
| service facility, the dealer's remote service facility shall have | 6375 |
facilities and space therewith
for the inspection, servicing, and | 6376 |
repair of at least one motor
vehicle; except that. However a new | 6377 |
| motor
vehicle dealer selling
manufactured or mobile homes is | 6378 |
| exempt from
the requirement that a
place of business have space, | 6379 |
| under roof,
for the display of at least
one new motor vehicle and | 6380 |
| facilities
and space for the
inspection, servicing, and repair of | 6381 |
| at least
one motor vehicle. | 6382 |
| (G) No person, firm, or corporation that sells, displays,
or | 6425 |
|
offers for sale tent-type fold-out camping trailers is subject
to | 6426 |
|
the requirement that the person's, firm's, or corporation's
place | 6427 |
|
of business be used exclusively
for the purpose of selling, | 6428 |
|
displaying, offering for sale, or
dealing in motor vehicles. No | 6429 |
|
person, firm, or
corporation that sells, displays, or offers for | 6430 |
|
sale tent-type fold-out
camping trailers, trailers, semitrailers, | 6431 |
|
or park
trailers is subject to the requirement
that the place
of | 6432 |
|
business have space, under roof, for the display of at least
one | 6433 |
|
new motor vehicle and facilities and space for the
inspection, | 6434 |
|
servicing, and repair of at least one motor vehicle. | 6435 |
| Sec. 4517.05. (A) Each person applying for a used motor | 6451 |
| vehicle dealer's license
shall annually, before the first day of | 6452 |
| April, make out and deliver to the
registrar of motor vehicles, | 6453 |
| upon a blank to be furnished by the registrar for
that purpose, a | 6454 |
| separate application for license for each county in which such | 6455 |
|
business is to be conducted. The application shall be in the form | 6456 |
| prescribed
by the registrar, shall be signed and sworn to by the | 6457 |
applicant, and, in
addition to such other information as is | 6458 |
required by the registrar requires, shall
include the information | 6459 |
| specified in divisions (A) to (H) of section 4517.04
of the | 6460 |
| Revised Code. The application shall be accompanied by a | 6461 |
| photograph, as
prescribed by the registrar, of each place of | 6462 |
| business operated, or to be
operated, by the applicant. | 6463 |
| (B)(1) Except as provided in division (B)(2) of this section, | 6464 |
| after the effective date of this amendment, an initial application | 6465 |
| for a used motor vehicle dealer's license must be accompanied by a | 6466 |
| certificate showing that, within the preceding six months, the | 6467 |
| owner or a partner, director, or other officer of the entity that | 6468 |
| will be granted the used motor vehicle dealer's license has | 6469 |
| completed successfully a training course conducted by an eligible | 6470 |
| used motor vehicle dealer training school. Successful completion | 6471 |
| of the course shall be evidenced by a certificate issued by the | 6472 |
| training school to the applicant. The certificate shall be in a | 6473 |
| form prescribed by the registrar. | 6474 |
| Sec. 4517.10. At the time the registrar of motor vehicles | 6493 |
|
grants the application of any person for a license as motor | 6494 |
|
vehicle dealer, motor vehicle leasing dealer, manufactured home | 6495 |
|
broker, distributor, motor
vehicle auction owner, or motor vehicle | 6496 |
|
salesperson, the registrar shall
issue to the person a license. | 6497 |
|
The registrar shall prescribe different
forms for the licenses of | 6498 |
|
motor vehicle dealers, motor vehicle
leasing dealers, manufactured | 6499 |
|
home brokers, distributors, motor
vehicle auction owners, and | 6500 |
|
motor vehicle salespersons, and all licenses shall include the | 6501 |
|
name and post-office address of the person licensed. | 6502 |
| If a dealer, a motor vehicle leasing dealer, or a | 6517 |
|
manufactured home broker, has more than
one place of business in | 6518 |
|
the county, the dealer or the broker shall
make application,
in | 6519 |
|
such form as the registrar prescribes, for a certified copy of
the | 6520 |
|
license issued to the dealer or manufactured home broker for
each | 6521 |
|
place of business
operated. In the event of the loss, mutilation, | 6522 |
|
or destruction
of a license issued under sections 4517.01 to | 6523 |
|
4517.65
of the Revised Code, any licensee may make
application to | 6524 |
|
the registrar, in such form as the registrar
prescribes, for a | 6525 |
|
duplicate copy thereof. The fee for a
certified or duplicate copy | 6526 |
|
of a dealer's, motor vehicle leasing
dealer's, manufactured home | 6527 |
|
broker's, distributor's, or
auction owner's license, is two | 6528 |
|
dollars, and the fee for a
duplicate copy of a salesperson's | 6529 |
|
license is one dollar. All
fees for such copies shall accompany | 6530 |
|
the applications. | 6531 |
AllBeginning on the effective date of this amendment, all | 6532 |
| dealers' licenses, motor vehicle leasing dealers'
licenses, | 6533 |
| manufactured home broker's licenses, distributors'
licenses, and | 6534 |
auction owners' licenses
issued or renewed each year
shall expire | 6535 |
| biennially on the last day of March of each two-year cycle
and all | 6536 |
salespersons'
licenses issued or renewed each year shall
expire | 6537 |
biennially on the last day
of June next following the date of | 6538 |
their
issuanceof each two-year cycle, unless sooner
suspended or | 6539 |
| revoked. Each licensed dealer, motor vehicle
leasing
dealer, | 6540 |
manufactured home broker, distributor, and auction owner
licensed | 6541 |
during any year
shall, before the first day of April eachin the | 6542 |
year
thereafterin which the license will expire and
each licensed | 6543 |
salesperson licensed during any year shall,
before the first
day | 6544 |
of July eachin the year thereafterin which the license will | 6545 |
| expire, file an
application, in such
form as the registrar | 6546 |
| prescribes, for the
renewal of such
license. The fee provided in | 6547 |
| this
section for
the original license shall accompany
the | 6548 |
|
application. | 6549 |
| Any salesperson's license shall be suspended upon the | 6550 |
|
termination, suspension, or revocation of the license of the
motor | 6551 |
|
vehicle dealer or manufactured home broker for whom the | 6552 |
|
salesperson is
acting, or upon the salesperson leaving
the service | 6553 |
|
of the motor vehicle dealer or manufactured
home broker; provided | 6554 |
|
that upon the
termination, suspension, or revocation of the | 6555 |
|
license of the
motor vehicle dealer or manufactured home broker | 6556 |
|
for whom the salesperson is
acting,
or upon the salesperson | 6557 |
|
leaving
the service of a licensed motor vehicle dealer or | 6558 |
|
manufactured home
broker, the licensed
salesperson, upon entering | 6559 |
|
the service of any other
licensed motor vehicle dealer or | 6560 |
|
manufactured home broker, shall
make application to the registrar, | 6561 |
|
in such form as the registrar prescribes, to have the | 6562 |
|
salesperson's license
reinstated, transferred, and registered as a | 6563 |
|
salesperson for
the other dealer or broker. If the information | 6564 |
|
contained in the
application is
satisfactory to the registrar, the | 6565 |
|
registrar shall have the
salesperson's
license reinstated, | 6566 |
|
transferred, and registered as a salesperson
for the other dealer | 6567 |
|
or broker. The fee for
the reinstatement and
transfer of license | 6568 |
|
shall be two dollars. No license issued to a
dealer, motor
vehicle | 6569 |
| leasing dealer, auction owner, manufactured home
broker,
or | 6570 |
| salesperson,
under sections 4517.01 to 4517.65 of the Revised
Code | 6571 |
| shall be
transferable to any other person. | 6572 |
| Each dealer, motor vehicle leasing dealer, manufactured home | 6573 |
|
broker, distributor, and
auction owner shall keep the license or a | 6574 |
|
certified copy thereof
and, in the case of a dealer or broker, a | 6575 |
|
current list of
the dealer's or the broker's licensed | 6576 |
|
salespersons, showing the names, addresses, and serial numbers of | 6577 |
|
their licenses, posted in a conspicuous place in each place of | 6578 |
|
business. Each salesperson shall carry the salesperson's license | 6579 |
|
or a
certified copy thereof and shall exhibit such license or copy | 6580 |
|
upon demand to any inspector of the bureau of motor vehicles, | 6581 |
|
state highway patrol trooper, police officer, or person with whom | 6582 |
|
the salesperson seeks to transact business as a motor vehicle | 6583 |
|
salesperson. | 6584 |
| (B) On and after
July
1, 1999, no
certificate of
registration | 6653 |
| or renewal of
a
certificate
of registration
shall be
issued for
an | 6654 |
| off-highway motorcycle or
all-purpose
vehicle
required to be | 6655 |
|
registered under section
4519.02 of the
Revised
Code, and no | 6656 |
|
certificate of
registration
issued under this
chapter
for an | 6657 |
|
off-highway
motorcycle or
all-purpose vehicle that
is sold
or | 6658 |
|
otherwise
transferred shall be
transferred to the new
owner of
the | 6659 |
|
off-highway motorcycle or
all-purpose vehicle as
permitted by | 6660 |
|
division (B) of section
4519.05
of the Revised
Code,
unless a | 6661 |
|
certificate of
title has
been issued under this chapter
for the | 6662 |
|
motorcycle or
vehicle, and
the owner or new owner, as the
case may | 6663 |
|
be,
presents
a physical
certificate of title or
memorandum | 6664 |
|
certificate
of
title for
inspection at the time the
owner or new | 6665 |
|
owner first
submits a
registration application,
registration | 6666 |
|
renewal
application, or
registration transfer
application for the | 6667 |
|
motorcycle or
vehicle on
or after
July
1,
1999, if a physical | 6668 |
|
certificate of title or
memorandum certificate
has been issued by | 6669 |
|
a clerk of a court of
common pleas. If, under
sections 4519.512 | 6670 |
|
and 4519.58 of the
Revised Code, a clerk instead
has issued an | 6671 |
|
electronic certificate
of title for the applicant's
off-highway | 6672 |
|
motorcycle or all-purpose
vehicle, that certificate
may be | 6673 |
|
presented for inspection at the
time of first registration
in a | 6674 |
|
manner prescribed by rules adopted
by the registrar. | 6675 |
| (C) When the owner of an
off-highway motorcycle or | 6676 |
|
all-purpose vehicle first registers it
in the owner's name, and a | 6677 |
|
certificate of title has been issued
for the motorcycle or | 6678 |
|
vehicle, the owner shall present for
inspection a
physical | 6679 |
|
certificate of
title or memorandum certificate of
title showing | 6680 |
|
title to the
off-highway motorcycle or
all-purpose vehicle in the | 6681 |
|
name of the
owner
if a physical certificate of title or memorandum | 6682 |
|
certificate has been issued by a clerk of a court of common pleas. | 6683 |
|
If, under sections 4519.512 and 4519.58 of the Revised Code, a | 6684 |
|
clerk instead has issued an electronic certificate of title for | 6685 |
|
the applicant's off-highway motorcycle or all-purpose vehicle, | 6686 |
|
that certificate may be presented for inspection at the time of | 6687 |
|
first registration in a manner prescribed by rules adopted by the | 6688 |
|
registrar. If, when the
owner of such
an off-highway motorcycle
or | 6689 |
|
all-purpose vehicle first
makes application to
register it in
the | 6690 |
| owner's name, the
application is not in
proper form or
the | 6691 |
|
certificate of title
or memorandum
certificate of title does not | 6692 |
|
accompany the
registration
or, in the case of an electronic | 6693 |
|
certificate of title, is not presented in a manner prescribed by | 6694 |
|
the registrar, the
registration shall be refused, and neither a | 6695 |
|
certificate of
registration nor a registration sticker shall be | 6696 |
|
issued. When a
certificate of registration and registration | 6697 |
|
sticker are issued
upon the first registration of an off-highway | 6698 |
|
motorcycle or
all-purpose vehicle by or on behalf of the owner, | 6699 |
|
the official
issuing them shall indicate the issuance with a stamp | 6700 |
|
on the
certificate of title or memorandum certificate of title
or, | 6701 |
|
in the case of an electronic certificate of title, an electronic | 6702 |
|
stamp or other notation as specified in rules adopted by the | 6703 |
|
registrar. | 6704 |
| (D) Each deputy registrar shall be allowed a fee of
two | 6705 |
|
dollars
and
seventy-five cents
commencing on July 1,
2001, three | 6706 |
|
dollars and twenty-five cents commencing on January 1,
2003, and | 6707 |
|
three dollars and fifty cents commencing on January 1,
2004, for | 6708 |
|
each application or renewal application
received by the
deputy | 6709 |
|
registrar, which shall be for the
purpose of compensating
the | 6710 |
|
deputy registrar for services, and office and
rental expense,
as | 6711 |
|
may be necessary for the proper discharge of
the
deputy | 6712 |
|
registrar's
duties in the receiving of applications and the | 6713 |
|
issuing of
certificates of registration. | 6714 |
| In the case of an off-highway motorcycle or all-purpose | 6728 |
|
vehicle for which a certificate of title has been issued, the | 6729 |
|
owner also shall surrender the certificate of title to the clerk | 6730 |
|
of the court
of
common pleas who issued it and the clerk, with the | 6731 |
|
consent of
any lienholders noted thereon, shall enter a | 6732 |
|
cancellation upon
the clerk's records and shall notify the | 6733 |
|
registrar of the
cancellation. Upon the cancellation of a | 6734 |
|
certificate of title
in the manner prescribed by this division, | 6735 |
|
the clerk and the
registrar may cancel and destroy all | 6736 |
|
certificates of title and
memorandum certificates of title in that | 6737 |
|
chain of title. | 6738 |
| (B) Subject to division (B) of section 4519.03
of the
Revised | 6739 |
| Code, whenever
the ownership of a registered snowmobile, | 6740 |
|
off-highway
motorcycle, or
all-purpose vehicle is transferred by | 6741 |
|
sale or otherwise, the new
owner, within fifteen days following | 6742 |
|
the transfer, shall
make
application to the registrar or a deputy | 6743 |
|
registrar for the
transfer of the certificate of registration. | 6744 |
|
Upon receipt of the
application and a fee of one dollar, the | 6745 |
|
registrar shall transfer
the certificate to the new owner and | 6746 |
|
shall enter the new owner's
name and address in the registrar's | 6747 |
|
records. | 6748 |
| (C) Whenever the owner of a registered snowmobile, | 6749 |
|
off-highway
motorcycle, or all-purpose vehicle changes
address, | 6750 |
|
the owner shall
surrender the certificate of registration to the | 6751 |
|
registrar or a deputy
registrar within fifteen days following the | 6752 |
|
address change. Upon
receipt of the certificate, the registrar | 6753 |
|
shall enter the new
address thereon and shall make the appropriate | 6754 |
|
change in the
registrar's records. In a case where the owner's | 6755 |
|
change
of address
involves a move outside of the state, the | 6756 |
|
registrar shall cancel the certificate of registration for
that | 6757 |
|
snowmobile, off-highway motorcycle, or all-purpose
vehicle. | 6758 |
| If the off-highway motorcycle or all-purpose vehicle contains | 6795 |
|
a permanent identification number placed thereon by the | 6796 |
|
manufacturer, this
number shall be used as the vehicle | 6797 |
|
identification number. Except as provided
in division (B) of this | 6798 |
|
section, if the application for a certificate
of title refers to | 6799 |
|
an
off-highway motorcycle or all-purpose vehicle that contains | 6800 |
|
such a
permanent identification number,
but for which no | 6801 |
|
certificate of title has been
issued previously by this state, the | 6802 |
|
application shall be
accompanied by a physical inspection | 6803 |
|
certificate as described in
that division. | 6804 |
| If there is no
manufacturer's vehicle identification number | 6805 |
|
or if the manufacturer's vehicle
identification number has been | 6806 |
|
removed or obliterated, the registrar, upon
receipt of a | 6807 |
|
prescribed application and proof of ownership, but prior to | 6808 |
|
issuance of a certificate of title, shall assign a
vehicle | 6809 |
|
identification number for the off-highway motorcycle or | 6810 |
|
all-purpose vehicle. This assigned vehicle identification number | 6811 |
|
shall be
permanently affixed to or imprinted upon the off-highway | 6812 |
|
motorcycle or all-purpose vehicle
by the state highway patrol.
The | 6813 |
|
state
highway patrol shall assess a fee of fifty dollars for | 6814 |
|
affixing the
number to the off-highway motorcycle or all-purpose | 6815 |
|
vehicle and shall deposit
each such fee in the state highway | 6816 |
|
safety fund established by
section 4501.06 of the Revised
Code. | 6817 |
| (B) Except in the case of a new off-highway motorcycle or | 6818 |
all-purpose vehicle sold by a dealer licensed under
Chapter 4517. | 6819 |
of the
Revised Code title to which is
evidenced by a | 6820 |
|
manufacturer's or importer's certificate, if
the application
for a | 6821 |
|
certificate of title refers to an off-highway motorcycle
or | 6822 |
|
all-purpose vehicle that contains a permanent identification | 6823 |
|
number placed thereon by the manufacturer, but for which no | 6824 |
|
certificate of title previously has been issued by this state,
the | 6825 |
|
application shall be accompanied by a physical inspection | 6826 |
|
certificate issued by the department of public safety verifying | 6827 |
|
the make, year, series or model, if any, body type, and | 6828 |
|
manufacturer's
vehicle identification number of the off-highway | 6829 |
|
motorcycle or
all-purpose vehicle for which the certificate of | 6830 |
|
title is
desired. The physical inspection certificate shall be in | 6831 |
|
such
form as is designated by the registrar. The physical | 6832 |
|
inspection
shall be made at a deputy registrar's office or at an | 6833 |
|
established place of business operated by a licensed motor
vehicle | 6834 |
|
dealer. The deputy registrar or
motor vehicle dealer may charge
a | 6835 |
|
maximum fee of
two dollars and seventy-five
cents
commencing
on | 6836 |
|
July 1, 2001, three dollars and twenty-five
cents commencing on | 6837 |
|
January 1, 2003, and three dollars and fifty
cents commencing on | 6838 |
|
January 1, 2004, for conducting the
physical
inspection. | 6839 |
| Sec. 4519.57. (A)
When the clerk of
a court
of common
pleas | 6850 |
|
issues a physical certificate of title for an off-highway
| 6851 |
|
motorcycle or all-purpose vehicle, the clerk shall issue
it over | 6852 |
|
the clerk's official seal. The front side of
each
physical | 6853 |
|
certificate
of title shall contain the
information
required in
the | 6854 |
| application
for it as
prescribed by
section
4519.56 of the
Revised
| 6855 |
|
Code, spaces for the dates of
notation and cancellation
of two | 6856 |
| liens, mortgages, or
encumbrances,
and any other
pertinent | 6857 |
| information as may be
required
by the registrar of
motor vehicles, | 6858 |
| but shall contain
neither
the social security
number nor taxpayer | 6859 |
| identification
number of
the applicant. The
reverse side of each | 6860 |
|
physical
certificate of title
shall contain
all of the information
| 6861 |
|
specified in division
(F) of section
4505.07 of the
Revised
Code.
| 6862 |
|
An
assignment of certificate of
title
before a notary
public or
| 6863 |
|
other officer
empowered to
administer oaths shall
appear on the
| 6864 |
|
reverse side of each
physical certificate of title
in the form to
| 6865 |
|
be prescribed by the
registrar. The assignment
form shall include | 6866 |
| a warranty that the
signer is the
owner of the
off-highway | 6867 |
| motorcycle or all-purpose
vehicle and
that
there are
no mortgages, | 6868 |
| liens, or encumbrances
on the off-highway
motorcycle
or | 6869 |
| all-purpose vehicle except as
are noted on the face of the
| 6870 |
|
certificate of title. | 6871 |
| Sec. 4519.58.
(A) When the clerk of
a court
of
common
pleas | 6882 |
|
issues a physical certificate of title, the clerk
shall
issue
the | 6883 |
certificate of title
on a form and in
duplicate.
One
copy
shall be | 6884 |
retained and fileda manner prescribed by
the
registrar of motor | 6885 |
| vehicles. The clerk
shall file a copy of the
physical evidence for | 6886 |
the creation of the certificate of title in
the
clerk's
office, | 6887 |
anda manner
prescribed by the
information contained in it | 6888 |
| registrar. A clerk may retain digital images of documents used as | 6889 |
| evidence for issuance of a certificate of title. Certified | 6890 |
| printouts of documents retained as digital images shall have the | 6891 |
| same evidentiary value as the original physical documents. The | 6892 |
| record of the issuance of the certificate of title
shall be
| 6893 |
transmitted
to the
registrar
of motor vehicles onmaintained in | 6894 |
the
day it is
issuedautomated title processing system. The
clerk | 6895 |
|
shall sign and affix the clerk's
seal to the
original
certificate | 6896 |
|
of
title and, if there are no
liens on the
off-highway
motorcycle | 6897 |
| or
all-purpose vehicle,
shall deliver the
certificate
to the | 6898 |
| applicant or the
selling
dealer. Except as
otherwise
provided in | 6899 |
| this section, if there
are
one or more
liens on the
off-highway | 6900 |
| motorcycle or
all-purpose vehicle, the
certificate of
title shall
| 6901 |
|
be delivered
to the holder of the
first lien. If the
certificate
| 6902 |
|
of title is
obtained by a dealer
on behalf of the
applicant and | 6903 |
| there are one
or more liens on
the off-highway
motorcycle or | 6904 |
| all-purpose
vehicle, the clerk
shall issue a
certificate of title | 6905 |
| and may
issue a
memorandum
certificate
of
title. The certificate | 6906 |
| of
title and memorandum
certificate of
title, if
issued, shall
be | 6907 |
|
delivered to the
holder of the first
lien or the selling dealer, | 6908 |
|
who shall
deliver the certificate of
title to the
holder of the | 6909 |
|
first lien
and the memorandum
certificate of title to the
| 6910 |
|
applicant. The
selling dealer also
may make arrangements with
the | 6911 |
| clerk to
have
the clerk deliver
the
memorandum certificate
of | 6912 |
| title to the
applicant. | 6913 |
| The clerk need not retain on file any current certificates of
| 6922 |
|
title,
current duplicate
certificates of title, current
memorandum
| 6923 |
|
certificates of title, or current
salvage
certificates of title,
| 6924 |
or supporting evidence
of them,
including
the
electronic
record | 6925 |
described in section 4519.55 of
the
Revised Code, covering
any
| 6926 |
|
off-highway motorcycle or
all-purpose vehicle
for a period
longer | 6927 |
| than seven years after
the
date of their filing;
thereafter,
the
| 6928 |
|
documents and
supporting evidence may be
destroyed.
The clerk need | 6929 |
| not retain
on file any inactive
records,
including certificates of | 6930 |
| title,
duplicate certificates
of
title,
or memorandum certificates | 6931 |
| of
title, or supporting
evidence
of them, including the
electronic | 6932 |
|
record
described in section
4519.55 of the Revised
Code,
covering | 6933 |
| any
off-highway motorcycle
or all-purpose
vehicle for
a period | 6934 |
| longer
than five years after
the date of
their filing;
thereafter, | 6935 |
| the
documents and
supporting
evidence may be
destroyed. | 6936 |
| (C) The clerk shall issue a physical certificate of title to | 6945 |
|
an
applicant unless the applicant specifically requests the clerk | 6946 |
|
not
to issue a
physical certificate of title and instead to
issue | 6947 |
| an
electronic certificate
of title.
The fact that a
physical
| 6948 |
|
certificate of title is
not issued for an off-highway
motorcycle
| 6949 |
|
or all-purpose vehicle does
not affect ownership of
the
motorcycle
| 6950 |
|
or
vehicle. In that case, when the clerk
completes
the process of
| 6951 |
|
entering certificate of title
application
information into the
| 6952 |
|
automated title processing
system, the
effect of the completion of
| 6953 |
|
the process is the same
as if the
clerk actually issued a physical
| 6954 |
|
certificate of title
for the
motorcycle or vehicle. | 6955 |
| Sec. 4519.61. (A) Each owner of an off-highway
motorcycle
| 6972 |
|
or
all-purpose vehicle and each person mentioned as owner in the
| 6973 |
|
last certificate
of title, when the off-highway motorcycle or
| 6974 |
|
all-purpose vehicle
is dismantled, destroyed, or changed in such
| 6975 |
|
manner that it loses its
character
as an off-highway motorcycle
or
| 6976 |
|
all-purpose vehicle, or changed in
such manner that it is not
the
| 6977 |
|
off-highway motorcycle or
all-purpose
vehicle described in
the
| 6978 |
|
certificate of title, shall surrender the
certificate of
title to
| 6979 |
|
a clerk of
a court
of common pleas,
and
the clerk,
with the | 6980 |
| consent of the holders of
any liens
noted
on the
certificate of | 6981 |
| title, then shall
enter a
cancellation upon the
clerk's records | 6982 |
| and shall notify
the
registrar of motor vehicles
of the | 6983 |
| cancellation. | 6984 |
| (B)
If an Ohio certificate of title or
salvage
certificate
of | 6989 |
| title to an off-highway
motorcycle or all-purpose
vehicle is | 6990 |
|
assigned to a salvage
dealer, the dealer shall not be
required
to | 6991 |
| obtain an
Ohio certificate of title or a
salvage
certificate
of | 6992 |
| title to the off-highway
motorcycle or all-purpose
vehicle in
the | 6993 |
| dealer's own name if the dealer
dismantles or
destroys the | 6994 |
|
off-highway motorcycle
or all-purpose vehicle,
completes the | 6995 |
|
assignment on the
certificate of title or salvage
certificate of | 6996 |
|
title, indicates
the number of the dealer's motor
vehicle
salvage | 6997 |
| dealer's
license
on it, marks
"FOR
DESTRUCTION"
across
the face of | 6998 |
| the
certificate of title or
salvage certificate
of
title, and
| 6999 |
|
surrenders the certificate of
title or salvage
certificate of
| 7000 |
|
title to
a clerk of
a
court of common
pleas
as
provided in
| 7001 |
|
division (A) of this
section. If the salvage
dealer
retains the
| 7002 |
|
off-highway
motorcycle or all-purpose vehicle
for
resale, the | 7003 |
| salvage
dealer
shall make application for a
salvage
certificate of | 7004 |
| title
to the
off-highway motorcycle or
all-purpose
vehicle in the | 7005 |
| salvage
dealer's own name as provided
in division
(C)(1) of this | 7006 |
|
section. | 7007 |
| (C)(1) When an insurance
company declares it economically
| 7008 |
|
impractical to repair the
off-highway motorcycle or all-purpose
| 7009 |
|
vehicle and
has paid an agreed price for the purchase of the
| 7010 |
|
off-highway motorcycle or all-purpose vehicle to any insured or
| 7011 |
|
claimant owner, the insurance company shall receive the
| 7012 |
|
certificate of title and off-highway motorcycle or
all-purpose
| 7013 |
|
vehicle and
proceed
as follows. Within thirty days, the
insurance
| 7014 |
|
company shall
deliver the certificate of title to
a
clerk of
a | 7015 |
| court of
common pleas and shall make application
for
a
salvage
| 7016 |
|
certificate of title. The clerk shall issue the
salvage
| 7017 |
|
certificate of title on a form, prescribed by the
registrar,
that
| 7018 |
|
shall be easily distinguishable from the
original certificate of
| 7019 |
title and shall bear the same
number and
information as the
| 7020 |
|
original certificate of title except that it may bear a different | 7021 |
| number from that of the original certificate of title. Except as | 7022 |
|
provided in
division
(C)(2) of this section, the salvage
| 7023 |
|
certificate of title shall be
assigned by the insurance company
| 7024 |
|
to a salvage dealer or any other
person for use as evidence of
| 7025 |
|
ownership upon the sale or other
disposition of the
off-highway | 7026 |
|
motorcycle or all-purpose vehicle,
and the salvage
certificate
of | 7027 |
| title shall be transferable to any
other person.
The clerk
of the | 7028 |
| court of common pleas shall charge
a fee of
four dollars
for the | 7029 |
| cost of processing each salvage
certificate
of title. | 7030 |
| (2) If an insurance company considers an
off-highway
| 7031 |
|
motorcycle or all-purpose vehicle as described in
division (C)(1)
| 7032 |
|
of this section
to be impossible to restore to normal operation,
| 7033 |
|
the insurance
company may assign the certificate of title to the
| 7034 |
|
off-highway motorcycle or all-purpose vehicle to a salvage
dealer
| 7035 |
|
or scrap metal processing facility and send the assigned
| 7036 |
|
certificate of title to the clerk of the court of common pleas
of | 7037 |
theany county
in which the salvage dealer or scrap metal
| 7038 |
processing
facility is located. The insurance company shall mark
| 7039 |
|
the face
of
the certificate of title
"FOR DESTRUCTION" and shall
| 7040 |
|
deliver
a
photocopy of the certificate of title to the salvage
| 7041 |
|
dealer or
scrap metal processing facility for its records. | 7042 |
| (3) If an insurance company declares it economically
| 7043 |
|
impractical to repair an off-highway motorcycle
or
all-purpose
| 7044 |
|
vehicle, agrees to pay to the insured or claimant
owner an amount
| 7045 |
|
in settlement of a claim against a policy of
motor vehicle
| 7046 |
|
insurance covering the off-highway
motorcycle or all-purpose
| 7047 |
|
vehicle, and agrees to permit the
insured or claimant owner to
| 7048 |
|
retain possession of the
off-highway motorcycle or all-purpose
| 7049 |
|
vehicle, the
insurance company shall not pay the insured or
| 7050 |
|
claimant owner
any amount in settlement of the insurance claim
| 7051 |
|
until the owner
obtains a salvage certificate of title to the
| 7052 |
|
vehicle and
furnishes a copy of the salvage certificate of title
| 7053 |
|
to the
insurance company. | 7054 |
| (1) Mark the face of the certificate of title to the
| 7061 |
|
off-highway motorcycle or all-purpose vehicle
"FOR
DESTRUCTION"
| 7062 |
|
and surrender the certificate of title to
a clerk
of
a
court
of | 7063 |
| common pleas for cancellation as described in
division
(A) of
this | 7064 |
| section.
The self-insured organization, rental or
leasing
company, | 7065 |
| or
secured creditor
then shall deliver
the
off-highway motorcycle | 7066 |
| or all-purpose vehicle, together with
a
photocopy of the | 7067 |
| certificate of title, to a salvage dealer or
scrap metal | 7068 |
| processing facility and shall cause the
off-highway
motorcycle or | 7069 |
| all-purpose vehicle to be dismantled,
flattened,
crushed, or | 7070 |
| destroyed. | 7071 |
| (2) Obtain a salvage certificate of title to the
off-highway
| 7072 |
|
motorcycle or all-purpose vehicle in
the name of the
self-insured
| 7073 |
|
organization, rental or leasing
company, or secured
creditor, as
| 7074 |
|
provided in division
(C)(1) of this section, and
then sell or
| 7075 |
|
otherwise dispose of the off-highway
motorcycle or
all-purpose
| 7076 |
|
vehicle. If the off-highway
motorcycle or
all-purpose vehicle is
| 7077 |
|
sold, the self-insured organization,
rental or leasing company,
or
| 7078 |
|
secured creditor shall obtain a
salvage certificate of title
to
| 7079 |
|
the off-highway motorcycle or
all-purpose
vehicle in the name of
| 7080 |
|
the purchaser from
a
clerk
of
a court
of common pleas. | 7081 |
| (E) If an
off-highway motorcycle or all-purpose vehicle
| 7082 |
|
titled with a
salvage certificate of title is restored for
| 7083 |
|
operation, application shall be
made to
a clerk of
a
court
of
| 7084 |
|
common pleas for a certificate of title after
inspection by the
| 7085 |
|
state highway patrol. The inspection shall
include establishing
| 7086 |
|
proof of
ownership and an inspection of the
motor number and
| 7087 |
|
vehicle
identification number of the
off-highway motorcycle
or
| 7088 |
|
all-purpose vehicle and of
documentation or receipts for the
| 7089 |
|
materials used in restoration
by the owner of the
off-highway
| 7090 |
|
motorcycle or all-purpose
vehicle being inspected,
which
| 7091 |
|
documentation or receipts shall
be presented at the time
of
| 7092 |
|
inspection. Upon successful
completion of the inspection, the
| 7093 |
|
state
highway patrol shall
issue to the owner a completed
| 7094 |
|
inspection
form. The clerk, upon
submission of the completed
| 7095 |
|
inspection form and
surrender of the
salvage
certificate of
title,
| 7096 |
|
shall issue a certificate of title
for a
fee prescribed
by the
| 7097 |
|
registrar. The certificate of title
shall
be in the same
form as
| 7098 |
the original certificate of title,
shall
bear the same
number as
| 7099 |
the salvage certificate of title
and the
original
certificate of
| 7100 |
title, and shall bear the words
"REBUILT SALVAGE"
in black
| 7101 |
|
boldface letters on its face. Every
subsequent
certificate of
| 7102 |
|
title, memorandum certificate of title,
or
certified copy of a
| 7103 |
|
certificate of title or memorandum
certificate of title issued
for
| 7104 |
|
the off-highway motorcycle or
all-purpose
vehicle also shall bear
| 7105 |
|
the words
"REBUILT
SALVAGE" in black boldface letters on its face.
| 7106 |
|
The exact
location on
the face of the certificate of title of
the
| 7107 |
|
words
"REBUILT SALVAGE" shall be determined by the registrar,
who
| 7108 |
|
shall develop an
automated procedure within the automated title
| 7109 |
|
processing system
to comply with this division. The clerk shall
| 7110 |
|
use reasonable
care in performing the duties imposed on the clerk
| 7111 |
|
by this
division in issuing a certificate of title pursuant to
| 7112 |
|
this
division, but the clerk is not liable for errors or
omissions
| 7113 |
|
of
the clerk of courts, the clerk's deputies, or the
automated
| 7114 |
|
title processing system in the performance of such
duties. A
fee
| 7115 |
|
of fifty dollars shall be assessed by the state
highway patrol for
| 7116 |
|
each inspection made pursuant to this
division. | 7117 |
| (2)
Chapter 1309. of the
Revised
Code
applies to a
security
| 7142 |
|
interest in an off-highway
motorcycle or all-purpose
vehicle
held | 7143 |
| as inventory, as defined
in
section 1309.102 of the
Revised
Code, | 7144 |
| for
sale by a
dealer.
The security interest has
priority over | 7145 |
|
creditors of the
dealer
as provided in
Chapter
1309. of
the
| 7146 |
|
Revised
Code without
notation of
the
security
interest on a
| 7147 |
|
certificate of title,
without entry
of a
notation
of the security
| 7148 |
|
interest into the
automated title
processing
system
if a physical
| 7149 |
|
certificate of
title has not
been issued,
or without
the
retention
| 7150 |
|
of a
manufacturer's or
importer's
certificate. | 7151 |
| (B) Subject to
division (A) of this
section,
any security
| 7152 |
|
agreement covering a security interest in an
off-highway
| 7153 |
|
motorcycle or all-purpose vehicle,
if a notation of the
agreement
| 7154 |
|
has been made by
a clerk of
a
court of common
pleas
on the
face
of | 7155 |
| the certificate of title
or if the clerk
has
entered a
notation of | 7156 |
| the
agreement into the automated title
processing
system if a | 7157 |
| physical
certificate of title has not
been issued, is
valid as | 7158 |
| against the
creditors of
the debtor,
whether armed with
process or | 7159 |
| not, and against subsequent
purchasers, secured
parties, and other | 7160 |
| lienholders or claimants.
All security
interests, liens,
| 7161 |
|
mortgages, and
encumbrances
entered
into the automated title | 7162 |
| processing
system in
relation
to a
particular certificate of | 7163 |
| title, regardless of
whether a
physical certificate of title
is | 7164 |
| issued,
take
priority
according
to the order of time in which they | 7165 |
| are
entered into
the
automated title processing system by the | 7166 |
|
clerk.
Exposure for
sale of any off-highway motorcycle or | 7167 |
|
all-purpose
vehicle by its
owner, with the knowledge or with the | 7168 |
|
knowledge
and
consent of
the
holder of any security interest, | 7169 |
|
lien,
mortgage, or
encumbrance
on it, does not
render the
security | 7170 |
| interest, lien,
mortgage, or encumbrance ineffective as
against | 7171 |
| the creditors
of
the owner, or against holders of
subsequent | 7172 |
| security interests,
liens,
mortgages, or
encumbrances upon the | 7173 |
| off-highway
motorcycle
or all-purpose
vehicle. | 7174 |
| The secured party, upon presentation of
evidence of a
| 7175 |
|
security
interest to
a clerk
of
a court of
common pleas,
together | 7176 |
| with the certificate of title
if a
physical
certificate
of title | 7177 |
| for the off-highway motorcycle or all-purpose
vehicle
exists, and | 7178 |
| the fee prescribed by
section 4519.59 of the
Revised
Code,
may | 7179 |
have a notation of the security interest made
on
the
face of the
| 7180 |
certificate of title, and, if such a
notation is
made, another | 7181 |
notation
of the
security interest
shall
be
entered into the | 7182 |
automated title processing system.
Unless the
secured party | 7183 |
| specifically
requests
the
clerk not to issue a
physical | 7184 |
| certificate of title
and instead
to issue an
electronic | 7185 |
| certificate of title, the
clerk, over the
clerk's
signature and | 7186 |
| seal of office,
shall
issue
a new original
certificate of title | 7187 |
| from the
automated
title
processing system
that indicates the | 7188 |
| security
interest
and the
date of the
security
interest. | 7189 |
| If a security interest is
fully discharged
as a result of its | 7190 |
|
holder's receipt of good funds in the correct amount
and
if the | 7191 |
holder
of the
security interest holds a physical certificate of | 7192 |
title,
the
holder
of the security interest shall note
itsthe | 7193 |
|
discharge
of the security interest
over
the holder's signature on | 7194 |
|
the face of the
certificate of title,
or over the holder's | 7195 |
|
signature on a form
prescribed by the
registrar of motor
vehicles | 7196 |
| when there is no
space for the
discharge on the face of
the
| 7197 |
certificate of title.
PriorExcept as otherwise provided in
this | 7198 |
| section, prior to
delivering the certificate
of title to
the | 7199 |
owner, the
holder or
the holder's agent shall
present it and any
| 7200 |
additional
information
a clerk requires to
a
clerk to have the | 7201 |
clerk
note
the cancellation of the security interest on the
face | 7202 |
ofconvey
the
certificate of title
and upon the records of theor | 7203 |
|
a separate sworn statement of the discharge of the security | 7204 |
|
interest to a clerk. The conveyance shall occur not more than | 7205 |
|
seven business days after the date good funds in the correct | 7206 |
|
amount to discharge fully the security interest have been credited | 7207 |
|
to an account of the holder, provided the holder has been provided | 7208 |
|
accurate information concerning the off-highway motorcycle or | 7209 |
|
all-purpose vehicle. Conveyance of the certificate of title or | 7210 |
|
separate sworn statement of the discharge within the required | 7211 |
|
seven business days may be indicated by postmark or receipt by a | 7212 |
|
clerk
within that period.
If
the
discharge
of the security | 7213 |
|
interest
appears to be genuine, the clerk shall
note the
| 7214 |
|
cancellation
of the security interest on the
face of the | 7215 |
|
certificate of title, if it was so conveyed, and
also shall
note | 7216 |
the
cancellation on
the clerk's records and notify the
registrar, | 7217 |
who
shall note the cancellation.
If a security
interest that is
| 7218 |
discharged does not appear on the face
of the
certificate
of
| 7219 |
title, but instead was entered into the automated
title processing
| 7220 |
system, the clerk shall enter
the cancellation
intoit in the
| 7221 |
automated
title processing system and
also shall
note
the | 7222 |
cancellation on a form
prescribed by the
registrar. | 7223 |
| If a security interest is fully discharged as a result of its | 7224 |
| holder's receipt of good funds in the correct amount and the | 7225 |
| holder does not hold a physical certificate of title, when the | 7226 |
| holder notifies a clerk of the discharge of its security interest, | 7227 |
| the holder at that time also may request the clerk to issue a | 7228 |
| physical certificate of title to the off-highway motorcycle or | 7229 |
| all-purpose vehicle. The request shall specify whether the clerk | 7230 |
| is to send the certificate of title directly to the owner or to | 7231 |
| the holder or the holder's agent for transmission to the owner. If | 7232 |
| such a request is made, the clerk shall issue a physical | 7233 |
| certificate of title and send it to the specified person. | 7234 |
| Sec. 4549.081. (A) The superintendent of the state highway | 7260 |
| patrol shall adopt rules governing the use of an electronic | 7261 |
| clearance device that enables an operator of a commercial motor | 7262 |
| vehicle, in accordance with division (B) of section 4511.121 of | 7263 |
| the Revised Code, to bypass a scale location established for the | 7264 |
| purpose of determining the weight of the vehicle and its load. The | 7265 |
| superintendent shall establish the acceptable types and features | 7266 |
| of such devices. The rules of the superintendent also shall | 7267 |
| establish a method for a peace officer to determine that the | 7268 |
| device and its use are in compliance with this section and the | 7269 |
| rules of the superintendent. | 7270 |
| Sec. 4738.05. At the time the registrar of motor vehicles | 7277 |
|
grants the application of any person for a license under this | 7278 |
chapter,
hethe registrar shall issue to the person a license that | 7279 |
| shall have
provisional
status for a period of one hundred eighty | 7280 |
| days from
the date of issuance. At
the end of that period and | 7281 |
| subject to
the results of the inspection described
in section | 7282 |
| 4738.071 of the
Revised Code of the place of business of the | 7283 |
|
license holder, the
license either shall be revoked or shall | 7284 |
| remain valid and
no
longer have provisional status.
The registrar | 7285 |
|
shall prescribe
forms for licenses, and all licenses shall
include | 7286 |
| the name and
post office address of the person licensed. | 7287 |
| If a licensee has more than one place of business in the | 7292 |
county, hethe licensee shall make application, in a form as the | 7293 |
| registrar
prescribes, for a certified copy of the license issued | 7294 |
| to the
person for each place of business operated. In the event of | 7295 |
| the
loss, mutilation, or destruction of a license issued under | 7296 |
|
sections 4738.01 to 4738.16 of the Revised Code, any licensee may | 7297 |
|
make application to the registrar, in a form as the registrar | 7298 |
|
prescribes, for a duplicate copy thereof. The fee for a
certified | 7299 |
|
or duplicate copy of a license is one dollar. All fees
for copies | 7300 |
|
shall accompany the applications. | 7301 |
AllBeginning on the effective date of this amendment, all | 7302 |
licenses issued or renewed each year shall expire biennially on | 7303 |
|
the
last day of July of each two-year license cycle unless sooner | 7304 |
| suspended or revoked, and each
motor vehicle salvage dealer, | 7305 |
| salvage motor vehicle auction, or
salvage motor vehicle pool | 7306 |
licensed during any year shall, before
the first day of August | 7307 |
eachin the year in which the license will expire, file an | 7308 |
| application, in a form
as the registrar prescribes, for the | 7309 |
| renewal of the license. The
fee provided in this section for the | 7310 |
| original license shall
accompany the application. | 7311 |
| Sec. 4738.18. (A) Any person licensed under division (A)
of | 7312 |
|
section 4738.03 of the Revised Code who wishes to purchase
salvage | 7313 |
|
motor vehicles at salvage motor vehicle auctions or
salvage motor | 7314 |
|
vehicle pools shall make application to the
registrar of motor | 7315 |
|
vehicles for a buyer's identification card.
The application shall | 7316 |
|
be on a form prescribed by the registrar
and shall contain the | 7317 |
|
applicant's name, principal business
address, the license number | 7318 |
|
under which the applicant will be
making purchases, and such other | 7319 |
|
information as the registrar
requires. In lieu of directly | 7320 |
|
obtaining a buyer's identification
card or in addition thereto, | 7321 |
|
any person licensed under division
(A) of section 4738.03 of the | 7322 |
|
Revised Code may designate up to
two employees to act as buyers | 7323 |
|
for the licensee. The licensee
shall make application for a | 7324 |
|
buyer's identification card for each
employee in the same manner | 7325 |
|
as for a card for the licensee. | 7326 |
| (C) Beginning on the effective date of this amendment, each | 7329 |
| buyer's identification card shall expire biennially on a day | 7330 |
| within the two-year cycle that is prescribed by the registrar, | 7331 |
| unless sooner suspended or revoked. Before the first day after the | 7332 |
| day prescribed by the registrar in the year that the card expires, | 7333 |
| each cardholder shall file an application for renewal of the card, | 7334 |
| in a form that the registrar prescribes. A buyer's identification | 7335 |
| card is nontransferable. If
the holder of a card no longer | 7336 |
| possesses a valid salvage motor
vehicle dealer's license, or if an | 7337 |
| employee of the licensee
leaves
the employment of the licensee, | 7338 |
| the buyer's identification
card of
that person is invalid and the | 7339 |
| holder shall return the
card to the
registrar. | 7340 |
| (B) Application for a class A, B, or C license shall be in | 7416 |
|
writing, under oath, to the director. In the case of an | 7417 |
|
individual, the application shall state the applicant's name, | 7418 |
|
birth date, citizenship, physical description, current residence, | 7419 |
|
residences for the preceding ten years, current employment, | 7420 |
|
employment for the preceding seven years, experience | 7421 |
|
qualifications, the location of each of the applicant's
offices in | 7422 |
| this state, and any other information that is necessary in order | 7423 |
|
for
the director to comply with the requirements of this chapter. | 7424 |
| In
the case of a corporation, the application shall state the name | 7425 |
|
of the officer or qualifying agent filing the application; the | 7426 |
|
state in which the corporation is incorporated and the date of | 7427 |
|
incorporation; the states in which the corporation is authorized | 7428 |
|
to transact business; the name of its qualifying agent; the name | 7429 |
|
of the officer or qualifying agent of the corporation who | 7430 |
|
satisfies the requirements of divisions (A)(1) and (F)(1) of this | 7431 |
|
section and the birth date, citizenship, physical description, | 7432 |
|
current residence, residences for the preceding ten years,
current | 7433 |
| employment, employment for the preceding seven years, and | 7434 |
|
experience qualifications of that officer or qualifying agent;
and | 7435 |
| other information that the director requires. A corporation
may | 7436 |
| specify in its application information relative to one or
more | 7437 |
| individuals who satisfy the requirements of divisions (A)(1)
and | 7438 |
| (F)(1) of this section. | 7439 |
| (C) Upon receipt of the application and accompanying
matter | 7464 |
| described in division (B) of this section, the director shall | 7465 |
| forward to the bureau of criminal
identification and investigation | 7466 |
| a request that it make an
investigation of the applicant or, in | 7467 |
| the case of a corporation,
each officer or qualifying agent | 7468 |
| specified in the application as
satisfying the requirements of | 7469 |
| divisions (A)(1) and (F)(1) of
this section, to determine whether | 7470 |
| the applicant, officer, or
qualifying agent meets the requirements | 7471 |
| of division (A)(1)(a) of
this section. If the director determines | 7472 |
| that the applicant,
officer, or qualifying agent meets the | 7473 |
| requirements of divisions
(A)(1)(a), (b), and (d) of this section | 7474 |
| and that an officer or
qualifying agent meets the requirement of | 7475 |
| division (F)(1) of this
section, the director shall notify the | 7476 |
| applicant, officer, or
agent of the time and place for the | 7477 |
| examination. If the director determines
that an applicant does not | 7478 |
| meet the requirements of divisions
(A)(1)(a), (b), and (d) of this | 7479 |
| section, the director shall
notify the applicant that the | 7480 |
| applicant's application is
refused and refund the license
fee. If | 7481 |
| the director determines that none of the individuals
specified in | 7482 |
| the application of a corporation as satisfying the
requirements of | 7483 |
| divisions (A)(1) and (F)(1) of this section meet
the requirements | 7484 |
| of divisions (A)(1)(a), (b), and (d) and (F)(1)
of this section, | 7485 |
| the director shall notify the corporation
that its application is | 7486 |
| refused and refund the license fee. If the
director requests an | 7487 |
| investigation of any applicant, officer, or
qualifying agent and | 7488 |
| if the bureau assesses the director a fee
for the investigation, | 7489 |
| the director, in addition to any other fee
assessed pursuant to | 7490 |
| this chapter, may assess the applicant,
officer, or qualifying | 7491 |
| agent, as appropriate, a fee that is equal
to the fee assessed by | 7492 |
| the bureau. | 7493 |
| (D) If upon application, investigation, and examination,
the | 7494 |
| director finds that the applicant or, in the case of a | 7495 |
|
corporation, any officer or qualifying agent specified in the | 7496 |
|
application as satisfying the requirements of divisions (A)(1)
and | 7497 |
| (F)(1) of this section, meets the applicable requirements,
the | 7498 |
| director shall issue the applicant or the corporation a class A, | 7499 |
| B,
or C license. The director also shall issue an identification | 7500 |
| card to an applicant, but not
an officer or qualifying agent of a | 7501 |
corporation, who meets the
applicable requirements an | 7502 |
identification card. The license and
identification card shall | 7503 |
| state the licensee's name, the
classification of the license, the | 7504 |
| location of the
licensee's principal place of business in this | 7505 |
| state, and the expiration
date of the license, and, in the case of | 7506 |
| a corporation, it also shall state
the name of each officer or | 7507 |
| qualifying agent who satisfied the
requirements of divisions | 7508 |
| (A)(1) and (F)(1) of this section. | 7509 |
| Licenses expire on the first day of March following the
date | 7510 |
| of initial issue, and on the first day of March of each year | 7511 |
|
thereafter. Renewals shall be according to the standard renewal | 7512 |
|
procedures contained in Chapter 4745. of the Revised Code, upon | 7513 |
|
payment of a renewal fee of two hundred fifty dollars. No
license | 7514 |
| shall be renewed if the licensee or, in the case of a
corporation, | 7515 |
| each officer or qualifying agent who qualified the
corporation for | 7516 |
| licensure no longer meets the applicable
requirements of this | 7517 |
| section. No license shall be renewed unless
the licensee provides | 7518 |
| evidence of workers' compensation risk
coverage and unemployment | 7519 |
| compensation insurance coverage, other
than for clerical employees | 7520 |
| and excepting sole proprietors who are exempted
therefrom, as | 7521 |
| provided for in Chapters 4123.
and 4141. of the Revised Code, | 7522 |
| respectively, as well as the
licensee's state tax identification | 7523 |
| number. No reexamination
shall be required for renewal of a | 7524 |
| current license. | 7525 |
| (4) Upon written notification to the director, completion
of | 7554 |
| an application similar to that for an individual seeking class
A, | 7555 |
| B, or C licensure, payment of a twenty-five dollar fee, and,
if | 7556 |
| the individual was the only individual that qualified a | 7557 |
|
corporation for licensure, surrender of the corporation's license, | 7558 |
| any officer
or qualifying agent who qualified a corporation for | 7559 |
| licensure under
this chapter may obtain a similar license in the | 7560 |
|
individual's own name without reexamination. A request by an | 7561 |
| officer or
qualifying agent for an individual license shall not | 7562 |
| affect a corporation's
license
unless the individual is the only | 7563 |
| individual that qualified
the corporation for licensure or all the | 7564 |
| other individuals who qualified the
corporation for licensure | 7565 |
| submit such requests. | 7566 |
| (G) If a corporation is for any reason no longer
associated | 7567 |
| with an individual who qualified it for licensure
under this | 7568 |
| chapter, an officer of the corporation shall notify
the director | 7569 |
| of that fact by certified mail, return receipt
requested, within | 7570 |
| ten days after the association terminates. If
the notification is | 7571 |
| so given, the individual was the only
individual that qualified | 7572 |
| the corporation for licensure, and the
corporation submits the | 7573 |
| name of another officer or qualifying
agent to qualify the | 7574 |
| corporation for the license within thirty
days after the | 7575 |
| association terminates, the corporation may
continue to operate in | 7576 |
| the business of private investigation, the
business of security | 7577 |
| services, or both businesses in this state
under that license for | 7578 |
| ninety days after the association
terminates. If the officer or | 7579 |
qualifying agent whose name is so
submitted satisfies the | 7580 |
| requirements of divisions (A)(1) and
(F)(1) of this section, the | 7581 |
| director shall issue a new license to
the corporation within that | 7582 |
ninety-day period. The names of more
than one individual may be so | 7583 |
| submitted. | 7584 |
| (B) In lieu of suspending, revoking, or refusing to renew
the | 7604 |
| class A, B, or C license, or of suspending, revoking, or
refusing | 7605 |
| to renew the registration of
an employee of
a class A,
B,
or C | 7606 |
licensee, the
director of commerce
may impose a civil
penalty
of | 7607 |
| not
more than
one
hundred
dollars for each
calendar day of a | 7608 |
| violation of any of the
provisions of
this section or of division | 7609 |
| (B) or (C) of section
4749.13 of the
Revised Code or of a | 7610 |
| violation of any rule of the
director governing private | 7611 |
| investigators, the
business of private
investigation, security | 7612 |
| guard providers, or
the business of
security services. | 7613 |
| Sec. 4749.05. (A) Each class A, B, or C licensee shall | 7614 |
|
report the location of branch offices to the department of | 7615 |
commercepublic safety, and to the sheriff of the county and the | 7616 |
| police chief
of any municipal corporation in which the office is | 7617 |
| located, and
shall post a branch office license conspicuously in | 7618 |
| that office.
Application for a branch office license shall be made | 7619 |
on a form
prescribed by the director of commercepublic safety, | 7620 |
| and a license shall be
issued upon receipt of the form and payment | 7621 |
| of a fee fixed by the
director, not exceeding one hundred dollars. | 7622 |
If a licensee moves
an office, hethe licensee shall notify, in | 7623 |
writing, the
department of
commercepublic safety and any affected | 7624 |
| sheriff and chief of police within
forty-eight hours of the | 7625 |
| change. | 7626 |
| (2) If the director of public safety requests the
bureau of | 7651 |
|
criminal
identification and investigation to conduct an | 7652 |
|
investigation of
a
licensee's employee and if the bureau assesses | 7653 |
|
the
director
a fee
for the investigation, the
director, in | 7654 |
|
addition to any other fee
assessed pursuant to this chapter,
may | 7655 |
|
assess the
licensee a fee
that is equal to the fee
assessed by
the | 7656 |
| bureau.
If, after
investigation, the bureau finds that the | 7657 |
|
employee
has not been
convicted of a felony within the
last
twenty | 7658 |
| years,
the
director
shall issue
to the
employee an
identification | 7659 |
| card
bearing
the
license number
and
signature of
the licensee, | 7660 |
| which
in the
case of
a corporation
shall be the signature of its | 7661 |
|
president or
its
qualifying agent,
and containing the
employee's | 7662 |
|
name, address,
age, physical description,
and right
thumb print
or | 7663 |
| other
identifying mark as the director prescribes,
a recent | 7664 |
|
photograph
of the employee, and
the employee's
signature.
The | 7665 |
| director
may issue a duplicate of a lost,
spoliated, or destroyed | 7666 |
|
identification card issued under this
section, upon payment of a | 7667 |
|
fee fixed by the
director, not exceeding five
dollars. | 7668 |
| (C)
Except as provided in division (E) of this section,
no | 7669 |
|
class A, B, or C licensee shall permit an employee,
other than an | 7670 |
|
individual who qualified a
corporation for
licensure, to engage in | 7671 |
|
the business of private
investigation,
the business of security | 7672 |
|
services, or both
businesses until the
employee
receives an | 7673 |
|
identification card from the department,
except that
pending the | 7674 |
|
issuance of an identification card, a
class A, B, or C
licensee | 7675 |
|
may offer for hire security guard or
investigator
employees | 7676 |
|
provided the licensee obtains a waiver
from the person
who | 7677 |
|
receives, for hire, security guard or
investigative services, | 7678 |
|
acknowledging that the person is aware
the employees have not | 7679 |
|
completed their registration and
agreeing
to their employment. | 7680 |
| (D) If a class A, B, or C licensee, or a
registered
employee | 7681 |
|
of a class A, B, or C licensee, intends to carry a
firearm, as | 7682 |
|
defined in section 2923.11 of the Revised Code, in
the
course of | 7683 |
|
engaging in the business or employment,
the
licensee or
registered | 7684 |
| employee
shall
satisfactorily complete a firearms
basic
training | 7685 |
| program
that includes twenty hours of handgun
training
and five | 7686 |
| hours of
training in the use of other firearms,
if any
other | 7687 |
| firearm is to
be used, or equivalency training, if
authorized,
or | 7688 |
| shall be a
former peace officer who previously had
successfully | 7689 |
| completed a
firearms training course, shall receive a
certificate | 7690 |
| of
satisfactory completion of that program or written
evidence of | 7691 |
|
approval of the equivalency training, shall file an
application | 7692 |
|
for registration, shall receive a firearm-bearer
notation on
the | 7693 |
| licensee's or registered employee's
identification card, and shall | 7694 |
| annually requalify
on a firearms
range, all as described in | 7695 |
| division (A) of section
4749.10 of the
Revised Code. A private | 7696 |
| investigator, security
guard provider,
or
employee is authorized | 7697 |
| to carry a firearm only
in accordance
with
that division. | 7698 |
| (1) The licensee or employee either has successfully | 7738 |
|
completed a basic firearm
training program at a training school | 7739 |
| approved by the Ohio peace
officer training commission, which | 7740 |
| program includes twenty hours of
training in handgun use and, if | 7741 |
| any firearm other than a handgun
is to be used, five hours of | 7742 |
| training in the use of other
firearms, and has received a | 7743 |
| certificate of satisfactory
completion of that program from the | 7744 |
| executive director of the
commission; the licensee or employee | 7745 |
|
has, within three years prior to the effective date
of this | 7746 |
| section, satisfactorily completed firearms training that
has been | 7747 |
| approved by the commission as being equivalent to such a
program | 7748 |
| and has received written evidence of approval of that
training | 7749 |
| from the executive director of the commission;
or the licensee or | 7750 |
| employee is a
former peace officer, as defined in section 109.71 | 7751 |
| of the Revised
Code, who previously had successfully completed a | 7752 |
| firearms
training course at a training school approved by the Ohio | 7753 |
| peace
officer training commission and has received a certificate | 7754 |
| or other
evidence of satisfactory completion of that course from | 7755 |
| the
executive director of the commission. | 7756 |
| (2) The licensee or employee submits an application to the | 7757 |
director of commercepublic safety, on a form prescribed by the | 7758 |
| director, in which the
licensee or employee requests
registration | 7759 |
| as a class A, B, or C licensee or employee who may
carry a | 7760 |
| firearm. The application shall be accompanied by a copy
of the | 7761 |
| certificate or the written evidence or other evidence
described in | 7762 |
| division (A)(1) of this section, the identification
card issued | 7763 |
| pursuant to section 4749.03 or 4749.06 of the Revised
Code if one | 7764 |
| has previously been issued, a statement of the duties
that will be | 7765 |
| performed while the licensee or employee is
armed, and a fee of | 7766 |
| ten
dollars. In the case of a registered employee, the statement | 7767 |
|
shall be prepared by the employing class A, B, or C licensee. | 7768 |
| (4) At any time within the immediately preceding
twelve-month | 7775 |
| period, the licensee or employee has requalified
in firearms use | 7776 |
| on a
firearms training range at a firearms requalification program | 7777 |
|
certified by the Ohio peace officer training commission
or on a | 7778 |
|
firearms training range under the supervision of an instructor | 7779 |
|
certified by the commission and has received a
certificate of | 7780 |
|
satisfactory requalification from the certified program or | 7781 |
|
certified instructor, provided that this division does not apply | 7782 |
|
to any licensee or employee prior to the expiration of eighteen | 7783 |
|
months after the licensee's or employee's completion of the | 7784 |
|
program described in division (A)(1) of this section. A | 7785 |
|
certificate of satisfactory requalification is valid and remains | 7786 |
|
in effect for twelve months from the date of the requalification. | 7787 |
| (2) A firearms requalification training program or
instructor | 7799 |
| certified by the commission for the annual
requalification of | 7800 |
| class A, B, or C licensees or employees who
are authorized to | 7801 |
| carry a firearm under section 4749.10 of the
Revised Code shall | 7802 |
| award a certificate of satisfactory
requalification to each class | 7803 |
| A, B, or C licensee or registered
employee of a class A, B, or C | 7804 |
| licensee who satisfactorily
requalifies in firearms training. The | 7805 |
| certificate shall identify
the licensee or employee and indicate | 7806 |
| the date of the
requalification. A licensee or employee who | 7807 |
| receives such a
certificate shall submit a copy of it to the | 7808 |
director of
commerce. A licensee shall submit the copy of the | 7809 |
|
requalification certificate at the same time that the
licensee | 7810 |
| makes
application for renewal of the licensee's class A, B, or C | 7811 |
|
license. The
director shall keep a record of all copies of | 7812 |
| requalification
certificates the director receives under this | 7813 |
| division and
shall establish
a procedure for the updating of | 7814 |
| identification cards to provide
evidence of compliance with the | 7815 |
| annual requalification
requirement. The procedure for the updating | 7816 |
| of identification
cards may provide for the issuance of a new card | 7817 |
| containing the
evidence, the entry of a new notation containing | 7818 |
| the evidence on
the existing card, the issuance of a separate card | 7819 |
| or paper
containing the evidence, or any other procedure | 7820 |
| determined by the
director to be reasonable. Each person who is | 7821 |
| issued a
requalification certificate under this division promptly | 7822 |
| shall
pay to the Ohio peace officer training commission | 7823 |
|
established by
section 109.71 of the Revised Code a fee of five | 7824 |
| dollars, which
fee shall be transmitted to the treasurer of state | 7825 |
| for deposit in
the peace officer private security fund established | 7826 |
| by section
109.78 of the Revised Code. | 7827 |
(B) The director of commerce may investigate, on histhe | 7837 |
|
director's own
initiative, the actions or proposed actions of a | 7838 |
| class A, B, or C
licensee, or registered employee of a class A, B, | 7839 |
| or C licensee
to determine whether the person is, has been, or | 7840 |
| will be in
violation of section 4749.13 of the Revised Code. The | 7841 |
| director
shall investigate any of these persons if a verified | 7842 |
| written
complaint is filed indicating that a person has violated, | 7843 |
or is
or will be violating, section 4749.13 of the Revised Code,; | 7844 |
the
complaint is supported by evidence submitted with it,; and the | 7845 |
|
director determines that a prima-facie case exists that a | 7846 |
|
violation of that section is being, has been, or will be
committed | 7847 |
| by the person. | 7848 |
(C) The director of commerce may investigate, on histhe | 7849 |
|
director's own
initiative, the actions or proposed actions of a | 7850 |
| person who is
not licensed or registered under this chapter and | 7851 |
| who appears to
be acting as a class A, B, or C licensee, or | 7852 |
| employee of a class
A, B, or C licensee. The director shall | 7853 |
| investigate such a
person if a verified written complaint is filed | 7854 |
| indicating that a
person was, is, or will be acting as a class A, | 7855 |
| B, or C licensee
or employee of a class A, B, or C licensee but is | 7856 |
not licensed or
registered as such under this chapter,; the | 7857 |
complaint is supported
by evidence that is submitted with it,; and | 7858 |
| the director
determines that a prima-facie case exists that the | 7859 |
| person was,
is, or will be acting in the alleged manner. | 7860 |
| (F) If, in an investigation under division (C) of this | 7877 |
|
section, the director determines that a person is not a class A, | 7878 |
|
B, or C licensee, or a registered employee of a class A, B, or C | 7879 |
|
licensee, and that the person was, is, or will be acting in the | 7880 |
|
alleged manner, the director may issue an order to the person to | 7881 |
show cause why hethe person should not be subject to licensing
or | 7882 |
|
registration under this chapter. The director shall hold a
hearing | 7883 |
on the order, and if following the hearing hethe
director | 7884 |
| determines
that the person has engaged, or is or will be engaging, | 7885 |
| in
activities requiring licensure or registration under this | 7886 |
chapter, hethe director may issue a cease and desist order that | 7887 |
|
shall
describe the person and the activities that are the subject | 7888 |
| of
it. The cease and desist order is enforceable in and may be | 7889 |
|
appealed to a court of common pleas pursuant to Chapter 119. of | 7890 |
|
the Revised Code. | 7891 |
| Sec. 4749.12. (A) A person who is a resident of another | 7896 |
state,; is licensed as a private investigator, security guard | 7897 |
|
provider, or as a private investigator and a security guard | 7898 |
provider in another state,; and wishes to engage in the business | 7899 |
|
of private investigation, the business of security services, or | 7900 |
|
both businesses in this state, shall be licensed pursuant to | 7901 |
section 4749.03 of the Revised Code, but the director of commerce | 7902 |
| public safety
may waive the examination requirement of that | 7903 |
| section and issue a
license to a nonresident under the | 7904 |
| circumstances described in
division (B) of this section. | 7905 |
| (B) If a nonresident private investigator, security guard | 7906 |
|
provider, or private investigator and security guard provider | 7907 |
|
seeking licensure under this chapter submits with the application | 7908 |
|
and accompanying matter specified in section 4749.03 of the | 7909 |
|
Revised Code proof of licensure in another state, and if the | 7910 |
|
requirements of divisions (A)(1)(a), (b), and (d) and, if | 7911 |
|
applicable, (F)(1) of section 4749.03 of the Revised Code are | 7912 |
|
satisfied and the nonresident meets all current requirements of | 7913 |
|
the laws of the other state regulating the business of private | 7914 |
|
investigation, the business of security services, or both | 7915 |
businesses, the director of commerce may waive the examination | 7916 |
|
requirement and fee of that section. This waiver authority may
be | 7917 |
| exercised only if the director determines that the other state
has | 7918 |
| a law similar to this division and extends to residents of
this | 7919 |
| state a similar waiver of examination privilege. | 7920 |
| Sec. 4749.13. (A) No person shall engage in the business
of | 7921 |
| private investigation, the business of security services, or
both | 7922 |
businesses in this state unless hethe person is licensed
pursuant | 7923 |
| to
this chapter. Each day of continuing violation constitutes a | 7924 |
|
separate offense. Nothing in this chapter shall be construed to | 7925 |
|
require any employee of a class A, B, or C licensee to obtain a | 7926 |
|
class A, B, or C license, provided that an employee shall be | 7927 |
|
registered by a licensee when required by section 4749.06 of the | 7928 |
|
Revised Code. Nothing in this chapter shall be construed to | 7929 |
|
require a partner to be a class A, B, or C licensee except as | 7930 |
|
provided in division (A)(3) of section 4749.03 of the Revised | 7931 |
|
Code. Nothing in this chapter shall be construed to require a | 7932 |
|
director, officer, or qualifying agent of a corporation to | 7933 |
|
individually be a class A, B, or C licensee if the corporation is | 7934 |
|
licensed pursuant to this chapter. | 7935 |
| Sec. 4905.06. The public utilities commission has general | 7965 |
|
supervision over all public utilities within its jurisdiction as | 7966 |
|
defined in section 4905.05 of the Revised Code, and may examine | 7967 |
|
such public utilities and keep informed as to their general | 7968 |
|
condition, capitalization, and franchises, and as to the manner
in | 7969 |
|
which their properties are leased, operated, managed, and | 7970 |
|
conducted with respect to the adequacy or accommodation afforded | 7971 |
|
by their service, the safety and security of the public and their | 7972 |
|
employees, and their compliance with all laws, orders of the | 7973 |
|
commission, franchises, and charter requirements. The commission | 7974 |
|
has general supervision over all other companies referred to in | 7975 |
|
section 4905.05 of the Revised Code to the extent of its | 7976 |
|
jurisdiction as defined in that section, and may examine such | 7977 |
|
companies and keep informed as to their general condition and | 7978 |
|
capitalization, and as to the manner in which their properties
are | 7979 |
|
leased, operated, managed, and conducted with respect to the | 7980 |
|
adequacy or accommodation afforded by their service, and their | 7981 |
|
compliance with all laws and orders of the commission, insofar as | 7982 |
|
any of such matters may relate to the costs associated with the | 7983 |
|
provision of electric utility service by public utilities in this | 7984 |
|
state which are affiliated or associated with such companies.
The | 7985 |
|
commission, through the public utilities commissioners or | 7986 |
|
inspectors or employees of the commission authorized by it, may | 7987 |
|
enter in or upon, for purposes of inspection, any property, | 7988 |
|
equipment, building, plant, factory, office, apparatus,
machinery, | 7989 |
|
device, and lines of any public utility. The power to
inspect | 7990 |
|
includes the power to prescribe any rule or order that
the | 7991 |
|
commission finds necessary for protection of the public
safety.
In | 7992 |
|
order to assist the commission in the performance of its duties | 7993 |
under this chapter, authorized employees of the
commercial motor | 7994 |
vehicle
safetycarrier enforcement unit,
created under section | 7995 |
|
5503.04 of the Revised Code in the division of state highway | 7996 |
|
patrol, of the department
of public safety
may enter in or
upon, | 7997 |
|
for inspection purposes, any motor vehicle of any motor | 7998 |
|
transportation
company or private motor carrier as defined
in | 7999 |
|
section 4923.02 of the Revised Code. | 8000 |
| (C) Rules adopted under divisions (A) and (B) of this
section | 8018 |
| shall be consistent with, and equivalent in scope,
coverage, and | 8019 |
| content to, the "Hazardous Materials Transportation
Act," 88 Stat. | 8020 |
| 2156 (1975), 49 U.S.C.A. 1801, as amended, and
regulations adopted | 8021 |
| under it, and the "Motor Carrier Safety Act
of 1984," 98 Stat. | 8022 |
| 2832, 49 U.S.C.A. 2501, and regulations
adopted under it, | 8023 |
| respectively. No person shall violate a rule
adopted under | 8024 |
| division (A) or (B) of this section or any order of
the commission | 8025 |
| issued to secure compliance with any such rule. | 8026 |
| (D) The commission shall cooperate with, and permit the
use | 8027 |
| of, the services, records, and facilities of the commission
as | 8028 |
| fully as practicable by appropriate officers of the interstate | 8029 |
|
commerce commission, the United States department of | 8030 |
|
transportation, and other federal agencies or commissions and | 8031 |
|
appropriate commissions of other states in the enforcement and | 8032 |
|
administration of state and federal laws relating to highway | 8033 |
|
transportation by motor vehicles. The commission may enter into | 8034 |
|
cooperative agreements with the interstate commerce commission, | 8035 |
|
the United States department of transportation, and any other | 8036 |
|
federal agency or commission to enforce the economic and safety | 8037 |
|
laws and rules of this state and of the United States concerning | 8038 |
|
highway transportation by motor vehicles. All grants-in-aid, cash, | 8039 |
| and reimbursements received by the commission pursuant to those | 8040 |
| cooperative agreements shall be deposited to the credit of the | 8041 |
| motor carrier safety fund, which is hereby created in the state | 8042 |
| treasury, to be used by the commission for the purpose of carrying | 8043 |
| out this section. | 8044 |
| (E) To achieve the purposes of this section, the commission | 8045 |
may,
through its inspectors or other authorized employees, may | 8046 |
| inspect any vehicles of
carriers of persons or property in | 8047 |
| interstate commerce subject to the safety
rules prescribed by this | 8048 |
| section and may enter upon the premises and vehicles
of such | 8049 |
| carriers to examine any of the carriers' records or documents that | 8050 |
|
relate to the safety of operation of such carriers. In order to | 8051 |
| assist the
commission in the performance of its duties under this | 8052 |
section, authorized
employees of the commercial motor vehicle | 8053 |
safetycarrier enforcement unit, created under section 5503.34 of | 8054 |
| the Revised Code in the division of
state highway patrol, of the | 8055 |
| department of public safety may enter in or upon,
for purposes
of | 8056 |
| inspection, any vehicle of any such carrier. | 8057 |
| (D) To achieve the purposes of this section, the
commission | 8088 |
|
may, through inspectors or other
authorized employees, inspect any | 8089 |
|
motor vehicles of such carriers and may
enter upon the premises | 8090 |
|
and vehicles of the carriers to examine
any of the carriers' | 8091 |
|
records or documents that relate to the
safety of operation of | 8092 |
|
private motor carriers. In order to assist the
commission in | 8093 |
|
performing its duties under this section, authorized employees
of | 8094 |
the
commercial motor
vehicle safetycarrier enforcement unit, | 8095 |
| created under section 5503.34 of the Revised Code in the division | 8096 |
|
of state
highway patrol, of the department of public safety may | 8097 |
|
enter in or upon, for
purposes of
inspection, any motor vehicle of | 8098 |
|
any such carrier. | 8099 |
| (H) The department shall administer, maintain, and operate | 8151 |
|
the Ohio
criminal justice network. The Ohio criminal justice | 8152 |
|
network
shall be a computer network that supports state and local | 8153 |
|
criminal justice activities. The network shall be an electronic | 8154 |
|
repository for various data, which may include arrest warrants, | 8155 |
|
notices of persons wanted by law enforcement agencies, criminal | 8156 |
|
records, prison inmate records, stolen vehicle records, vehicle | 8157 |
|
operator's licenses, and vehicle registrations and
titles. | 8158 |
| (B) The director of the department of public safety is the | 8170 |
|
chief executive and administrative officer of the department. The | 8171 |
|
director may establish policies governing the department, the | 8172 |
|
performance of its employees and officers, the conduct of its | 8173 |
|
business, and the custody, use, and preservation of departmental | 8174 |
|
records, papers, books, documents, and property. The director
also | 8175 |
| may authorize and approve investigations to be conducted by
any of | 8176 |
| the department's divisions. Whenever the Revised Code
imposes a | 8177 |
| duty upon or requires an action of the department, the
director | 8178 |
| may perform the action or duty in the name of the
department or | 8179 |
| direct such performance to be performed by the
director's | 8180 |
| designee. | 8181 |
| (A) "Advertising device" includes any outdoor sign,
display, | 8251 |
|
device, figure, painting, drawing, message, placard,
poster, | 8252 |
|
billboard, or any other contrivance designed, intended,
or used to | 8253 |
|
advertise or to give information in the nature of
advertising, or | 8254 |
|
any part thereof, the advertising or informative
contents of which | 8255 |
|
are visible from the main traveled way of any
highway on the | 8256 |
|
interstate system or primary system in this state. | 8257 |
| (I) "Unzoned commercial or industrial area" means
an area
not | 8284 |
| zoned by state or local law, regulation, or
ordinance,
in
which | 8285 |
| there is located
one or more commercial or industrial
activities. | 8286 |
| Such area may also include the lands
along the
highway for a | 8287 |
| distance of
eight hundred fifty feet immediately
adjacent to such | 8288 |
| activities.
This distance shall be measured from
the
buildings, | 8289 |
| parking lots,
storage or processing areas of the
activities, and | 8290 |
| along or parallel
to the near
edge of the main
traveled
way of the | 8291 |
| highway. This
distance shall
not include land
on the opposite side | 8292 |
| of the highway from such
activities, nor land
predominantly used | 8293 |
| for residential purposes.
An area shall be
considered | 8294 |
| predominately residential if fifty per cent or
more of
the eight | 8295 |
| hundred feet immediately adjacent to the activities
contains
land | 8296 |
| used as residential property. Each side of the
highway will
be | 8297 |
| considered separately in
applying this definition. | 8298 |
| (O) "Commercial or industrial zone" means those areas | 8342 |
|
established
by any state, county, municipal, or other local zoning | 8343 |
|
authority as being most
appropriate for business, commerce, | 8344 |
|
industry, or trade. Any action taken by a
state, county, | 8345 |
|
municipal, or other local zoning authority that is not part of | 8346 |
|
comprehensive zoning and is created primarily to permit outdoor | 8347 |
|
advertising
devices shall not be considered a commercial or | 8348 |
|
industrial zone for purposes
of this chapter. | 8349 |
| Sec. 5516.04. (A) Any advertising device that
violates | 8360 |
section 5516.02, 5516.06,
or 5516.061, or 5516.062 of the Revised | 8361 |
|
Code
or the rules adopted thereunder, or that is being maintained | 8362 |
|
without a validly
issued permit, is a public and
private nuisance, | 8363 |
|
and shall be removed. Immediately upon discovering
the
existence | 8364 |
|
of such a nuisance, the
director of transportation shall issue an | 8365 |
|
order
to the owner
or lessee of the land on which such advertising | 8366 |
|
device is
located, and to the owner of such advertising device, if | 8367 |
|
known,
to remove the device or to initiate any
remedial action | 8368 |
|
specified in the order, within thirty days of
the issuance of the | 8369 |
|
order. The order shall be in writing and shall be sent by | 8370 |
|
certified mail. If the owner of the advertising device is
unknown, | 8371 |
| the
director shall make a reasonable attempt to ascertain
the | 8372 |
| identity of such
owner. | 8373 |
| If removal or remediation is not completed within thirty days | 8377 |
|
of the date
of the order, the director immediately may remove the | 8378 |
|
sign without further
notice or may file for an injunction or other | 8379 |
|
appropriate relief in a civil
action for abatement in the court of | 8380 |
|
common pleas of the county in which the
advertising device is | 8381 |
|
located. A copy of the complaint shall be served upon
the owner
or | 8382 |
| lessee of the land and the owner of the device, if known, in | 8383 |
|
accordance with the Rules of Civil Procedure. If certified mail | 8384 |
|
service,
personal service, or residence service of the complaint | 8385 |
|
is refused, or
certified mail service is not claimed and the | 8386 |
|
director has made a request for
ordinary mail service of the | 8387 |
|
complaint, or has used publication service in
accordance with the | 8388 |
|
Rules of Civil Procedure, then a copy of the complaint
shall be | 8389 |
|
posted in a conspicuous place on the advertising device. | 8390 |
| The court in a civil action for abatement shall conduct a | 8391 |
|
hearing at
least twenty-eight days after service of the complaint | 8392 |
|
on the owner of the
advertising device and the owner or lessee of | 8393 |
|
the land. If the court finds at
the hearing that a violation of | 8394 |
|
sections 5516.02 to 5516.04 of the
Revised Code
exists as alleged | 8395 |
|
in the complaint and also finds that the owner
of the advertising | 8396 |
|
device or the owner or lessee of the land has been afforded
an | 8397 |
|
opportunity to abate the nuisance but has refused or failed to do | 8398 |
|
so, the
court may issue an injunction requiring the owner of the | 8399 |
|
advertising device or
the owner or lessee of the land to abate the | 8400 |
|
nuisance or may issue any other
order that it considers necessary | 8401 |
|
or appropriate to cause the abatement of the
public nuisance. If | 8402 |
|
an injunction is issued pursuant to this section, the
owner of the | 8403 |
|
advertising device or the owner or lessee of the land shall be | 8404 |
|
given no more than thirty days from the date of the entry of the | 8405 |
|
court's order
to comply with the injunction, unless the court, for | 8406 |
|
good cause shown, extends
the time for compliance. The judge in | 8407 |
|
any civil action described in this
section, or the judge's | 8408 |
|
successor in office, has continuing jurisdiction to
review the | 8409 |
|
condition of any advertising device that was determined to be a | 8410 |
|
public nuisance pursuant to this section. | 8411 |
| Any advertising device lawfully in existence prior to | 8444 |
|
November
28, 1975,
or lawfully on any highway made a
part of the | 8445 |
|
interstate or primary system on or after that
date,
the erection | 8446 |
|
of which would be illegal under this section, is
nonconforming, | 8447 |
|
and may be maintained subject to the permit
provisions of section | 8448 |
|
5516.10 of the Revised Code.
An advertising device existing prior | 8449 |
|
to the effective
date of this section which would be illegal under | 8450 |
|
this section shall be considered a nonconforming
advertising | 8451 |
|
device and may be maintained subject to the permit
provisions of | 8452 |
|
section 5516.10 of the Revised Code. | 8453 |
| Sec. 5516.062. (A) No person shall erect, use, maintain, | 8458 |
|
operate, construct, or cause or permit to be erected, used, | 8459 |
|
maintained, operated, or constructed any advertising device that | 8460 |
|
is located both inside an urban area, as defined by section | 8461 |
|
5516.061 of the Revised Code, and outside the boundaries of a | 8462 |
|
municipal corporation as such boundaries existed on September 21, | 8463 |
|
1959, without first obtaining a permit and permit plates from the | 8464 |
|
director of transportation pursuant to section 5516.10 of the | 8465 |
|
Revised Code. | 8466 |
| (1) As part of the application process, the director may | 8496 |
|
require an
acknowledgment to be signed by the owner or person in | 8497 |
|
lawful possession or
control of the proposed location of the | 8498 |
|
advertising device. Such
acknowledgment may include, but shall
not | 8499 |
| be limited to, a statement that the
applicant has the right to | 8500 |
|
occupy the land at the subject location, that if at
any time | 8501 |
|
removal is required, the owner or person in lawful possession or | 8502 |
|
control of the location may be jointly liable, and that the | 8503 |
|
applicant may only
occupy the land for a specified time period.
If | 8504 |
|
legal use of the location is
terminated at any time during the | 8505 |
|
permit period, the permit is subject to
cancellation pursuant to | 8506 |
|
section 5516.12 of the Revised Code. | 8507 |
| (C) The issuance of a permit under this section shall not
be | 8541 |
|
construed to invalidate municipal ordinances requiring a
permit or | 8542 |
|
license or providing for an inspection fee for
advertising | 8543 |
|
devices, or regulating such advertising devices. The
cost of the | 8544 |
|
application fee for such permits or licenses issued,
or the cost | 8545 |
|
of initial inspection fees charged
under municipal ordinances | 8546 |
|
shall be credited against and shall reduce the cost
of the permit | 8547 |
|
issued by the director under this section. If a
permit is issued | 8548 |
|
by a zoning authority pursuant to its ordinances, rules, or | 8549 |
|
regulations controlling outdoor advertising devices, a copy | 8550 |
|
thereof shall be
furnished to the director with any application | 8551 |
|
for a new permit required by
this section
or within thirty days of | 8552 |
|
its issuance by a zoning authority. | 8553 |
| (D) Where an application is submitted for the erection, use, | 8554 |
|
maintenance, operation, or construction of an advertising device, | 8555 |
|
the director
may conditionally approve such application as to | 8556 |
|
location only, and final
approval
shall remain pending until
the | 8557 |
|
advertising device is erected, used,
maintained,
or
constructed or | 8558 |
|
becomes operational. Upon notification by the
permit applicant | 8559 |
|
that the erection, use, maintenance,
construction, or
operation of | 8560 |
|
the advertising device is completed,
the director shall verify | 8561 |
|
that the advertising device complies
with the terms and conditions | 8562 |
|
of the
conditional permit. Upon
verification of compliance with | 8563 |
|
the terms and
conditions
of the
conditional permit, the director | 8564 |
|
may approve and issue a permit
and
permit plates, which shall be | 8565 |
|
securely and permanently
attached in the corner
of the face of the | 8566 |
|
advertising device
nearest to the highway in such a manner
as to | 8567 |
|
be visible from the
main traveled way of the interstate or primary | 8568 |
|
highway system.
Replacement plates may be issued upon request and | 8569 |
|
upon the
payment
of a replacement fee to be determined by the | 8570 |
|
director. | 8571 |
| (E) All permits issued pursuant to this section shall be in | 8572 |
|
effect for a period of
two years. Permits may be renewed
upon | 8573 |
|
application made
on forms designated by the director and upon
the | 8574 |
|
payment of a nonrefundable
renewal fee in an amount to be | 8575 |
|
determined by the director based on the
reasonable cost of | 8576 |
|
administering and processing such renewal permits. Any
permits | 8577 |
|
that are not renewed, and any permit plates issued in connection | 8578 |
|
with
such permits, shall be returned to the director for | 8579 |
|
cancellation by the
expiration date. The director may adopt rules | 8580 |
|
for the reinstatement of
permits canceled as a result of | 8581 |
|
nonpayment of renewal fees, and shall develop
a fee schedule for | 8582 |
|
late renewals. | 8583 |
| (F)(1) Where the director conditionally approves the
issuance | 8584 |
|
of a
permit as to location only and the permit applicant
fails to | 8585 |
exercise the
privilege of constructing, erecting, using, | 8586 |
operating, or maintainingconstruct, erect, use, operate, or | 8587 |
|
maintain an
advertising device within the period
for which the | 8588 |
|
permit was issued, such
permit shall not be renewed
unless a | 8589 |
|
renewal fee is paid to extend the
privilege for one
additional | 8590 |
|
permit period. No conditional permit shall be
renewed
and no | 8591 |
|
extensions shall be granted after the second renewal
period. | 8592 |
| (G) Permits for advertising devices erected and maintained | 8607 |
|
with a
valid permit issued before July 1, 1997, may be renewed | 8608 |
|
unless the
director finds that the permit application contains | 8609 |
|
materially false,
misleading, or inaccurate information or the | 8610 |
|
sign has been erected or
maintained contrary to
this chapter or | 8611 |
|
the rules adopted
thereunder, and in such event
the director may | 8612 |
|
take appropriate action
pursuant to section
5516.12 of the Revised | 8613 |
|
Code. An applicant who has
a
conditional
permit issued by the | 8614 |
|
director before
June 30, 1997, and
who has not yet
exercised the | 8615 |
|
privilege of constructing, using, operating, erecting, or | 8616 |
|
maintaining an advertising device at the proposed location as of | 8617 |
|
that
date, shall have until
December 31, 1997, to comply
with the | 8618 |
|
terms and conditions of the
conditional permit or such
permit | 8619 |
|
shall be canceled. However, the applicant
may request
that
the | 8620 |
|
conditional permit be renewed by submitting a renewal
application | 8621 |
|
and
paying a nonrefundable renewal fee to extend the
privilege for | 8622 |
|
one additional
permit period. | 8623 |
| (B) Notwithstanding
sections 5577.02 and 5577.04 of the | 8654 |
|
Revised Code, a coal truck transporting coal, a farm truck or farm | 8655 |
machinery transporting farm commodities, or a log truck | 8656 |
| transporting timber, or a solid waste haul vehicle hauling solid | 8657 |
| waste,
from
the place of production to the first point of delivery | 8658 |
| where the commodities
are
weighed and title to the commodities, | 8659 |
| coal, or timber is transferred, or, in the case of solid waste, | 8660 |
| from the place of production to the first point of delivery where | 8661 |
| the solid waste is disposed of or title to the solid waste is | 8662 |
| transferred, may exceed by
no more than seven and one-half per | 8663 |
| cent the weight provisions of sections
5577.01 to 5577.09 of the | 8664 |
| Revised
Code and no penalty prescribed in section 5577.99 of the | 8665 |
|
Revised Code shall be imposed. If a coal truck so transporting | 8666 |
| coal, a farm truck or farm
machinery so transporting farm | 8667 |
commodities, or a timber truck so transporting
timber, or a solid | 8668 |
| waste haul vehicle hauling solid waste, exceeds by more than seven | 8669 |
| and one-half per cent the weight provisions of those
sections, | 8670 |
| both of the following apply without regard to the seven and | 8671 |
| one-half per
cent allowance provided
by this division: | 8672 |
(D)(E) An automobile transporter or boat transporter shall
be | 8744 |
| allowed a length of sixty-five feet and a stinger-steered | 8745 |
|
automobile transporter or stinger-steered boat transporter shall | 8746 |
|
be allowed a length of seventy-five feet, except that the load | 8747 |
|
thereon may extend no more than four feet beyond the rear of such | 8748 |
|
vehicles and may extend no more than three feet beyond the front | 8749 |
|
of such vehicles, and except further that the director may | 8750 |
|
prohibit the
operation of a
stinger-steered
automobile | 8751 |
|
transporter, stinger-steered boat transporter, or a
B-train | 8752 |
|
assembly on any state highway or portion thereof that the
director | 8753 |
|
designates. | 8754 |
The lengths prescribed in divisions
(B)(C)(2) to (7) of this | 8765 |
|
section shall not include safety devices, bumpers attached to the | 8766 |
|
front or rear of such bus or combination, B-train assembly used | 8767 |
|
between the first and second semitrailer of a commercial | 8768 |
|
tractor-semitrailer-semitrailer combination, energy conservation | 8769 |
|
devices as provided in any regulations adopted by the secretary
of | 8770 |
|
the United States department of transportation, or any | 8771 |
|
noncargo-carrying refrigeration equipment attached to the front
of | 8772 |
|
trailers and semitrailers. In special cases, vehicles whose | 8773 |
|
dimensions exceed those prescribed by this section may operate in | 8774 |
|
accordance with rules adopted by the director. | 8775 |
(E)(G) This section does not apply to fire engines, fire | 8776 |
|
trucks,
or other vehicles or apparatus belonging to any municipal | 8777 |
|
corporation or to the volunteer fire department of any municipal | 8778 |
|
corporation or used by such department in the discharge of its | 8779 |
|
functions. This section does not apply to vehicles and pole | 8780 |
|
trailers used in the transportation of wooden and metal poles,
nor | 8781 |
|
to the transportation of pipes or well-drilling equipment,
nor to | 8782 |
|
farm machinery and equipment. The owner or operator of
any | 8783 |
|
vehicle, machinery, or equipment not specifically enumerated
in | 8784 |
|
this section but the dimensions of which exceed the dimensions | 8785 |
|
provided by this section, when operating the same on the
highways | 8786 |
|
and streets of this state, shall comply with the rules
of the | 8787 |
|
director governing such movement, which the director may
adopt. | 8788 |
|
Sections 119.01 to 119.13 of the Revised
Code apply to any rules | 8789 |
|
the director adopts under this
section, or the
amendment or | 8790 |
|
rescission thereof, and any person adversely
affected shall have | 8791 |
|
the same right of appeal as provided in
those sections. | 8792 |
| Sec. 5577.99. (A) Whoever violates the weight provisions
of | 8801 |
|
sections 5577.01 to 5577.07 or the weight provisions in regard
to | 8802 |
|
highways under section 5577.04 of the Revised Code shall be
fined | 8803 |
|
eighty dollars for the first two thousand pounds, or
fraction | 8804 |
|
thereof, of overload; for overloads in excess of two
thousand | 8805 |
|
pounds, but not in excess of five thousand pounds, such
person | 8806 |
|
shall be fined one hundred dollars, and in addition
thereto one | 8807 |
|
dollar per one hundred pounds of overload; for
overloads in excess | 8808 |
|
of five thousand pounds, but not in excess of
ten thousand pounds, | 8809 |
|
such person shall be fined one hundred
thirty dollars and in | 8810 |
|
addition thereto two dollars per one
hundred pounds of overload, | 8811 |
|
or imprisoned not more than thirty
days, or both. For all | 8812 |
|
overloads in excess of ten thousand
pounds such person shall be | 8813 |
|
fined one hundred sixty dollars, and
in addition thereto three | 8814 |
|
dollars per one hundred pounds of
overload, or imprisoned not more | 8815 |
|
than thirty days, or both.
Whoever violates the weight provisions | 8816 |
|
of vehicle and load
relating to gross load limits shall be fined | 8817 |
|
not less than one
hundred dollars. No penalty prescribed in this | 8818 |
|
division shall be
imposed on any vehicle combination if the | 8819 |
|
overload on any axle
does not exceed one thousand pounds, and if | 8820 |
|
the immediately
preceding or following axle, excepting the front | 8821 |
|
axle of the
vehicle combination, is underloaded by the same or a | 8822 |
|
greater
amount. For purposes of this division, two axles on one | 8823 |
|
vehicle
less than eight feet apart, shall be considered as one | 8824 |
|
axle. | 8825 |
| (B) Whoever violates the weight provisions of section | 8826 |
|
5571.071 or 5577.08 or the weight provisions in regard to bridges | 8827 |
|
under section 5577.09, and whoever exceeds the carrying capacity | 8828 |
|
specified under section 5591.42 of the Revised Code, shall be | 8829 |
|
fined eighty dollars for the first two thousand pounds, or | 8830 |
|
fraction thereof, of overload; for overloads in excess of two | 8831 |
|
thousand pounds, but not in excess of five thousand pounds, the | 8832 |
|
person shall be fined one hundred dollars, and in addition
thereto | 8833 |
|
one dollar per one hundred pounds of overload; for
overloads in | 8834 |
|
excess of five thousand pounds, but not in excess of
ten thousand | 8835 |
|
pounds, the person shall be fined one hundred thirty
dollars, and | 8836 |
|
in addition thereto two dollars per one hundred
pounds of | 8837 |
|
overload, or imprisoned not more than thirty days, or
both. For | 8838 |
|
all overloads in excess of ten thousand pounds, the
person shall | 8839 |
|
be fined one hundred sixty dollars, and in addition
thereto three | 8840 |
|
dollars per one hundred pounds of overload, or
imprisoned not more | 8841 |
|
than thirty days, or both. | 8842 |
| (C) Whoever violates any other provision of sections
5577.01 | 8848 |
to 5577.09 of the Revised Code
shall be fined not more
than | 8849 |
twenty-five dollars foris guilty of a minor misdemeanor on a | 8850 |
first offense;
for a second
offense within one year thereafter, | 8851 |
such person shall be fined
not less than ten nor more than one | 8852 |
hundred dollars, or
imprisoned not more than ten days, or both; | 8853 |
foron a
second or subsequent
offense
within one year after the | 8854 |
first offense, such person
shall be fined not less than | 8855 |
twenty-five nor more than
two
hundred dollars, or imprisoned not | 8856 |
more than thirty days, or
bothis guilty of a misdemeanor of the | 8857 |
|
fourth degree. | 8858 |
| Section 2. That existing sections 109.801, 121.08, 1548.08, | 8864 |
|
1548.09, 1548.13, 1548.20, 2935.27, 2937.221, 3937.41, 3937.43, | 8865 |
| 3937.45, 4501.01, 4501.02, 4501.021, 4501.11, 4503.01, 4503.03, | 8866 |
|
4503.034, 4503.04, 4503.041, 4503.042, 4503.10, 4503.12, 4503.13, | 8867 |
| 4503.231, 4503.24,
4503.44, 4504.01, 4505.07, 4505.08, 4505.09, | 8868 |
| 4505.10, 4505.11, 4505.13,
4505.141, 4506.01, 4506.08, 4506.09, | 8869 |
| 4506.11, 4506.12, 4507.13, 4507.141, 4507.19, 4507.20,
4507.50, | 8870 |
| 4507.51, 4507.53, 4507.99, 4509.05,
4509.101, 4509.79, 4510.10, | 8871 |
| 4510.22, 4510.31, 4510.43, 4511.01, 4513.61, 4513.63, 4517.01, | 8872 |
| 4517.03, 4517.05, 4517.10, 4517.14, 4519.03,
4519.05, 4519.56, | 8873 |
| 4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05, 4738.18, | 8874 |
| 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08, | 8875 |
| 4749.10, 4749.11, 4749.12, 4749.13, 4749.14,
4905.06, 4919.79, | 8876 |
| 4923.20, 5502.01, 5502.11, 5503.34, 5516.01, 5516.04, 5516.061, | 8877 |
| 5516.10, 5577.042, 5577.05, and
5577.99 of the Revised Code are | 8878 |
| hereby repealed. | 8879 |
| Section 4. Notwithstanding the amendments to sections 4517.10 | 8884 |
| and 4738.05
of the Revised Code contained in Section 1 of this | 8885 |
| act, when the
Registrar of Motor Vehicles first renews the | 8886 |
| licenses for motor
vehicle dealers, motor vehicle leasing dealers, | 8887 |
| manufactured home
brokers, distributors, motor vehicle auction | 8888 |
| owners, motor
vehicle salespersons, motor vehicle salvage dealers, | 8889 |
| salvage motor vehicle auctions, and salvage motor vehicle pools, | 8890 |
| following the effective date of this act, the
Registrar may renew | 8891 |
| some of those licenses for one year and others
for two years. In | 8892 |
| the case of those licenses that the Registrar
specifies be renewed | 8893 |
| for one year, the fee that was applicable to
that particular | 8894 |
| license prior to the effective date of this act
shall apply. In | 8895 |
| the case of those licenses that the Registrar
specifies be renewed | 8896 |
| for two years, the fee that is specified in
section 4517.10 of the | 8897 |
| Revised Code as amended by this act shall
apply. Thereafter, all | 8898 |
| such licenses shall be issued and renewed
in accordance with | 8899 |
| applicable law. | 8900 |
| The foregoing appropriation item 800-633, Economic | 9012 |
| Development
Debt Service, shall be used to meet all payments at | 9013 |
| the
times they are required to be made during the period from July | 9014 |
| 1,
2003, to June 30, 2005, for bond service charges on obligations | 9015 |
|
issued under Chapter 166. of the Revised Code. If it is determined | 9016 |
| that
additional appropriations are necessary for this purpose, | 9017 |
| such
amounts are hereby appropriated, subject to the limitations | 9018 |
| set forth in section 166.11 of the Revised Code. The
General | 9019 |
| Assembly acknowledges that an appropriation for this
purpose is | 9020 |
| not required, but is made in this form and in this act for record | 9021 |
| purposes only. | 9022 |
| On July 1, 2004, the PI & Security Guard Provider Fund (Fund | 9062 |
| 5B9) shall be transferred from the Department of Commerce to the | 9063 |
| Department of Public Safety. At the request of the Director of | 9064 |
| Commerce, the Director of Budget and Management may cancel | 9065 |
| encumbrances in these funds from the Department of Commerce's | 9066 |
| appropriation item 800-632, PI & Security Guard Provider, and | 9067 |
| reestablish such encumbrances or parts of encumbrances in fiscal | 9068 |
| year 2005 for the same purpose and to the same vendor in the | 9069 |
| Department of Public Safety's appropriation item 766-632, PI & | 9070 |
| Security Guard Provider. | 9071 |
| Notwithstanding any provision of law to the contrary, the | 9073 |
| Director of Budget and Management is authorized to take the | 9074 |
| actions described in this section. This section applies to budget | 9075 |
| changes made necessary by administrative reorganization, program | 9076 |
| transfers, the creation of new funds, and the consolidation of | 9077 |
| funds as authorized by this act. The Director of Budget and | 9078 |
| Management may make any transfers of cash balances between funds. | 9079 |
| At the request of the Office of Budget and Management, the | 9080 |
| administering agency head shall certify to the Director the amount | 9081 |
| or an estimate of the amount of the cash balance to be transferred | 9082 |
| to the receiving fund. The Director may transfer the amount or the | 9083 |
| estimate of the amount when needed to make payments. Not more than | 9084 |
| thirty days after certifying the estimated amount the | 9085 |
| administering agency head shall certify the final amount to the | 9086 |
| Director. The Director shall transfer the difference between any | 9087 |
| estimated amount previously transferred and the certified final | 9088 |
| amount. | 9089 |
| On July 1, 2004, the licensing and enforcement functions of | 9094 |
| the Department of Commerce, Division of Real Estate and | 9095 |
| Professional Licensing conducted pursuant to Chapter 4749. of the | 9096 |
| Revised Code and the assets, liabilities, any capital spending | 9097 |
| authority related thereto, equipment, and records, regardless of | 9098 |
| form or medium, relating to those functions are transferred to the | 9099 |
| Department of Public Safety. The Department of Public Safety | 9100 |
| thereupon assumes these functions. | 9101 |
| Any business commenced but not completed by the Director or | 9102 |
| Department of Commerce, Division of Real Estate and Professional | 9103 |
| Licensing pursuant to Chapter 4749. of the Revised Code on the | 9104 |
| effective date of this section relating to the functions | 9105 |
| transferred under this section shall be completed by the Director | 9106 |
| or Department of Public Safety in the same manner, and with the | 9107 |
| same effect, as if completed by the Director or Department of | 9108 |
| Commerce, Division of Real Estate and Professional Licensing. No | 9109 |
| validation, cure, right, privilege, remedy, obligation, or | 9110 |
| liability is lost or impaired by reason of the transfer of | 9111 |
| functions required by this section and shall be administered by | 9112 |
| the Department of Public Safety. All of the rules, orders, and | 9113 |
| determinations enacted or adopted by the Department of Commerce, | 9114 |
| Division of Real Estate and Professional Licensing relating to the | 9115 |
| transfer of these functions continue in effect as rules, orders, | 9116 |
| and determinations of the Department of Public Safety until | 9117 |
| modified or rescinded by the Department of Public Safety. If | 9118 |
| necessary to ensure the integrity of the numbering of the | 9119 |
| Administrative Code, the Director of the Legislative Service | 9120 |
| Commission shall renumber the rules of the Department of Commerce, | 9121 |
| Division of Real Estate and Professional Licensing enacted or | 9122 |
| adopted pursuant to Chapter 4749. of the Revised Code to reflect | 9123 |
| their transfer to the Department of Public Safety. | 9124 |
| Section 8. Section 4501.01 of the Revised Code is presented | 9153 |
| in this act as a composite of the section as amended by both Am. | 9154 |
| Sub. S.B. 123 and Am. Sub. S.B. 231 of
the 124th General Assembly. | 9155 |
| Section 4503.03 of the Revised Code is
presented
in
this act as a | 9156 |
| composite of the section as amended by
both Sub.
S.B. 59 and S.B. | 9157 |
| 99 of
the 124th General Assembly. Sections 4505.13 and 4519.68 of | 9158 |
| the Revised Code are presented
in
this act as composites of the | 9159 |
| sections as amended by
both Sub.
S.B. 59 and Am. Sub. S.B. 74 of | 9160 |
|
the 124th General
Assembly. Section 4507.51 of the Revised Code is | 9161 |
| presented
in this act
as a composite of the section as amended by | 9162 |
| both
Sub.
H.B. 354 and Am. Sub. S.B. 213 of the 122nd General | 9163 |
| Assembly. Section 4511.01 of the Revised Code is presented in this | 9164 |
| act as a composite of the section as amended by both Am. Sub. S.B. | 9165 |
| 123 and Am. Sub. S.B. 231 of
the 124th General Assembly. The | 9166 |
| General Assembly, applying the
principle stated in division (B) of | 9167 |
| section 1.52 of the Revised
Code that amendments are to be | 9168 |
| harmonized if reasonably capable of
simultaneous operation, finds | 9169 |
| that each composite is the resulting
version of the section in | 9170 |
| effect prior to the effective date of
the section as presented in | 9171 |
| this act. | 9172 |