(A) "Vehicle identification number or derivative
thereofof | 13 |
the
vehicle identification number" means any number or
derivative | 14 |
of
such a number that is embossed, engraved, etched, or otherwise | 15 |
marked on any vehicle or vehicle part by the manufacturer. | 16 |
"Vehicle
identification number" also includes a duplicate vehicle | 17 |
identification number
replaced upon a vehicle under the authority | 18 |
of the registrar of motor
vehicles. | 19 |
(B) No person, with purpose to conceal or destroy
the | 27 |
identity of a vehicle or a vehicle part,
shall remove, deface, | 28 |
cover, alter, or destroy any identifying number that has been | 29 |
lawfully placed upon a vehicle or vehicle part by an owner of the | 30 |
vehicle or vehicle part, other than the manufacturer, for the | 31 |
purpose of deterring its theft and facilitating its recovery if | 32 |
stolen. | 33 |
(D)(1) No person shall buy, offer to buy, sell, offer to | 38 |
sell, receive, dispose of, conceal, or, except as provided in | 39 |
division (D)(4) of this section, possess any vehicle or vehicle | 40 |
part with knowledge that the vehicle identification number or a | 41 |
derivative
of the vehicle identification number has been
removed, | 42 |
defaced, covered, altered,
or destroyed in such a manner
that the | 43 |
identity of the vehicle or
part cannot be determined by a
visual | 44 |
examination of the number
at the site where the
manufacturer | 45 |
placed the number. | 46 |
(2)(a) A vehicle or vehicle part from which the vehicle | 47 |
identification number or a derivative
of the vehicle | 48 |
identification number has been so
removed, defaced, covered, | 49 |
altered, or destroyed shall be seized
and forfeited under Chapter | 50 |
2981. of the Revised Code unless
division (D)(3) or (4) of this | 51 |
section applies to the vehicle or
part. If a derivative of the | 52 |
vehicle identification number has
been removed, defaced, covered, | 53 |
altered, or destroyed in such a
manner that the identity of the | 54 |
part cannot be determined, the
entire vehicle is subject to | 55 |
seizure pending a determination of
the original identity and | 56 |
ownership of the vehicle and parts of
the vehicle, and the rights | 57 |
of innocent owners to reclaim the
remainder or any part of the | 58 |
vehicle. | 59 |
(3) Divisions (A), (B), and (D)(1) and (2) of this section
do | 75 |
not apply to the good faith acquisition and disposition of | 76 |
vehicles and vehicle parts as junk or scrap in the ordinary
course | 77 |
of business by a scrap metal processing facility as
defined in | 78 |
division
(D) of section 4737.05 of the Revised
Code or
by a
motor | 79 |
vehicle salvage dealer licensed under Chapter 4738. of
the
Revised | 80 |
Code. This division
does not create an
element of
an offense or
an | 81 |
affirmative defense, or affect the
burden of
proceeding with
the | 82 |
evidence or burden of proof in a
criminal
proceeding. | 83 |
(i) That the vehicle identification number or derivative | 87 |
thereofof the vehicle identification number on the vehicle or | 88 |
part has been removed, defaced,
covered,
altered, or destroyed, | 89 |
after the owner acquired such
possession,
by another person | 90 |
without the consent of the owner,
by accident or
other casualty | 91 |
not due to the owner's purpose to
conceal or
destroy the identity | 92 |
of the vehicle or vehicle part,
or by
ordinary wear and tear; | 93 |
(b) The registrar of motor vehicles shall adopt rules
under | 101 |
Chapter 119. of the Revised Code to permit an owner
described in | 102 |
division (D)(4)(a) of this section, upon application
and | 103 |
submission of satisfactory evidence to the registrar, to obtain | 104 |
authority to replace the vehicle
identification number under the | 105 |
supervision of a peace officer,
trooper of the state highway | 106 |
patrol, or representative of the
registrar. The rules shall be | 107 |
designed to restore the
identification of the vehicle in a manner | 108 |
that will deter its
theft and facilitate its marketability. Until | 109 |
suchthose rules are
adopted, the registrar shall follow the | 110 |
existing
procedure for
the
replacement of vehicle identification | 111 |
numbers
that have been
established by the registrar, with suchany | 112 |
modifications asthat the
registrar determines to be necessary or | 113 |
appropriate for the
administration of the laws that
the registrar | 114 |
is
required to
administer. | 115 |
Sec. 4549.63. (A) A law enforcement officer may seize and | 139 |
take possession of a vehicle or vehicle part if the officer has | 140 |
probable cause to believe that any vehicle identification number | 141 |
or derivative thereofof the vehicle identification number on the | 142 |
vehicle or part has been removed,
defaced, covered, altered, or | 143 |
destroyed in such a manner that the
identity of the vehicle or | 144 |
part cannot be determined by visual
examination of the number at | 145 |
the site where the manufacturer
placed the number. The seizure | 146 |
shall be pursuant to a warrant,
unless the circumstances are | 147 |
within one of the exceptions to the
warrant requirement that have | 148 |
been established by the supreme
court of the United States or of | 149 |
the supreme court of this state. | 150 |
(2) If a vehicle or vehicle part that is seized under | 155 |
division (A) of this section is a motorcycle or motorcycle part, a | 156 |
law enforcement officer or agency that seizes the motorcycle or | 157 |
motorcycle part shall
transport, secure, and store the motorcycle | 158 |
or motorcycle part, or shall cause the motorcycle or motorcycle | 159 |
part to be transported, secured, and stored, in a
manner that | 160 |
protects the motorcycle or
motorcycle part from damage. | 161 |
(b) If the motorcycle or motorcycle part is not determined to | 167 |
be stolen, except as otherwise provided in any provision of | 168 |
federal law, return the motorcycle or motorcycle part to the | 169 |
person from whom the motorcycle or motorcycle part was seized, the | 170 |
lawful
owner,
or owner of record in accordance with division (D) | 171 |
of this section or otherwise make a good faith effort to return | 172 |
the motorcycle or motorcycle part to the person from whom the | 173 |
motorcycle or motorcycle part was seized, the lawful owner, or | 174 |
owner of record in accordance with that division. | 175 |
(2) Notwithstanding division (C)(1) of this section, the | 184 |
state or any political subdivision associated with a law | 185 |
enforcement officer or agency that seizes a motorcycle or | 186 |
motorcycle
part under this section is liable to the person from | 187 |
whom the motorcycle or motorcycle part was seized, its lawful | 188 |
owner,
or owner of record in a civil
action for any damage to the | 189 |
motorcycle or
motorcycle part that is proximately caused by either | 190 |
of the
following: | 191 |