| (A)
"Vehicles" means everything on wheels or runners,
| 13 |
|
including motorized bicycles, but does not mean
electric personal
| 14 |
|
assistive mobility devices, vehicles that are
operated
exclusively
| 15 |
|
on rails or tracks or from overhead electric
trolley
wires, and
| 16 |
|
vehicles that belong to any police department,
municipal
fire
| 17 |
|
department, or volunteer fire department, or that
are used by such
| 18 |
|
a department in the discharge of its functions.
| 19 |
| (B)
"Motor vehicle" means any vehicle, including
mobile
homes
| 20 |
|
and recreational vehicles, that is
propelled or drawn
by
power
| 21 |
|
other than muscular power or power collected from
overhead
| 22 |
|
electric trolley wires.
"Motor
vehicle" does not include utility
| 23 |
|
vehicles as defined in division (VV) of this section,
motorized
| 24 |
|
bicycles, road
rollers, traction engines, power
shovels,
power
| 25 |
|
cranes, and other
equipment used in construction
work and
not
| 26 |
|
designed for or
employed in general highway
transportation,
| 27 |
|
well-drilling
machinery, ditch-digging
machinery, farm machinery,
| 28 |
|
and trailers that are
designed and
used exclusively to transport a
| 29 |
|
boat between a
place of storage
and a marina, or in and around a
| 30 |
|
marina, when
drawn or towed on a
public road or highway for a
| 31 |
|
distance of no
more than ten miles
and at a speed of twenty-five
| 32 |
|
miles per hour
or less.
| 33 |
| (F)
"Collector's vehicle" means any motor vehicle or
| 48 |
|
agricultural tractor or traction engine that is of special
| 49 |
|
interest,
that has a fair market value of one hundred dollars or
| 50 |
|
more,
whether operable or not, and that is owned, operated,
| 51 |
|
collected,
preserved, restored, maintained, or used essentially
as
| 52 |
|
a
collector's item, leisure pursuit, or investment, but not
as the
| 53 |
|
owner's principal means of transportation.
"Licensed
collector's
| 54 |
|
vehicle" means a collector's vehicle, other than an
agricultural
| 55 |
|
tractor or traction engine, that displays current,
valid license
| 56 |
|
tags issued under section 4503.45 of the Revised
Code, or a
| 57 |
|
similar type of motor vehicle that displays current,
valid
license
| 58 |
|
tags issued under substantially equivalent
provisions in
the laws
| 59 |
|
of other states.
| 60 |
| (G)(1)
"Historical motor vehicle" means any motor vehicle
| 61 |
|
that
is over twenty-five years old and is owned solely as a
| 62 |
|
collector's
item and for participation in club activities,
| 63 |
|
exhibitions, tours,
parades, and similar uses, but that in no
| 64 |
|
event is used
for
general transportation.
"Historical motor | 65 |
|
vehicle" includes a street rod or a custom vehicle, regardless of | 66 |
|
whether the street rod or custom vehicle actually is more than | 67 |
|
twenty-five years old or was manufactured to resemble a vehicle | 68 |
|
that is over twenty-five years old. | 69 |
| (K)
"Bicycle" means every device, other than a tricycle
that
| 94 |
|
is
designed solely for use as a play vehicle by a child,
that is
| 95 |
|
propelled
solely by human power upon which any person
may ride,
| 96 |
|
and that has two
tandem wheels, or one wheel in
front and
two | 97 |
|
wheels in
the rear, or two wheels in the front and one wheel
in | 98 |
|
the rear, any of which is more than
fourteen inches
in
diameter.
| 99 |
| (L)
"Motorized bicycle" means any vehicle that either has
two
| 100 |
|
tandem wheels or one wheel in the front and two wheels in
the
| 101 |
|
rear, that is capable of being pedaled, and that is equipped
with
| 102 |
|
a
helper motor of not more than fifty cubic centimeters
piston
| 103 |
|
displacement that produces no more than one brake
horsepower and
| 104 |
|
is capable of propelling the vehicle at a speed of
no greater
than
| 105 |
|
twenty miles per hour on a level surface.
| 106 |
| (M)
"Trailer" means any vehicle without motive power
that
is
| 107 |
|
designed or used for carrying property or persons wholly on
its
| 108 |
|
own structure and for being drawn by a motor vehicle, and
includes
| 109 |
|
any such vehicle that is formed by or operated as a
combination of
| 110 |
|
a semitrailer and a vehicle of the dolly type such
as that
| 111 |
|
commonly known as a trailer dolly, a vehicle used to
transport
| 112 |
|
agricultural produce or agricultural production
materials between
| 113 |
|
a local place of storage or supply and the farm
when drawn or
| 114 |
|
towed on a public road or highway at a speed
greater than
| 115 |
|
twenty-five miles per hour, and a vehicle that is
designed
and
| 116 |
|
used exclusively to transport a boat between a
place of
storage
| 117 |
|
and a marina, or in and around a marina, when
drawn or
towed on a
| 118 |
|
public road or highway for a distance of
more than ten
miles or at
| 119 |
|
a speed of more than twenty-five miles
per hour.
"Trailer" does
| 120 |
|
not include a manufactured home or
travel trailer.
| 121 |
| (N)
"Noncommercial trailer" means any trailer, except a
| 122 |
|
travel trailer or trailer that is used to transport a boat as
| 123 |
|
described
in division (B) of this section, but, where applicable,
| 124 |
|
includes
a vehicle that is used to transport a boat as described
| 125 |
|
in division (M)
of this section, that has a gross weight of no
| 126 |
|
more than three
thousand pounds, and that is used exclusively for
| 127 |
|
purposes other than
engaging in business for a profit.
| 128 |
| (O)
"Mobile home" means a building
unit or assembly of
closed
| 129 |
|
construction that is fabricated in an off-site
facility,
is
more
| 130 |
|
than thirty-five body
feet in length or, when erected
on
site, is
| 131 |
|
three hundred
twenty or more square feet, is built
on a
permanent
| 132 |
|
chassis, is
transportable in one or more
sections, and
does not
| 133 |
|
qualify as
a manufactured home as
defined in division
(C)(4) of
| 134 |
|
section 3781.06
of the Revised
Code or as an
industrialized unit
| 135 |
|
as defined in division (C)(3)
of section
3781.06 of the Revised
| 136 |
|
Code.
| 137 |
| (P)
"Semitrailer" means any vehicle of the trailer type
that
| 138 |
|
does not have motive power and is so designed or used with
another
| 139 |
|
and
separate motor vehicle that in operation a part of
its own
| 140 |
|
weight
or that of its load, or both, rests upon and is
carried by
| 141 |
|
the other vehicle
furnishing the motive power for
propelling
| 142 |
|
itself
and the vehicle referred to in this division,
and includes,
| 143 |
|
for
the purpose only of registration and taxation
under those
| 144 |
|
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
| 145 |
|
that is designed or used for the conversion of a
semitrailer into
| 146 |
|
a
trailer.
| 147 |
| (e)
"Park trailer" means a vehicle that is commonly known as
| 184 |
|
a park model
recreational vehicle, meets the American national
| 185 |
|
standard institute standard
A119.5 (1988) for park trailers, is
| 186 |
|
built on a single chassis, has a gross
trailer area of four
| 187 |
|
hundred square feet or less when set up, is designed for
seasonal
| 188 |
|
or temporary living quarters, and may be connected to utilities
| 189 |
|
necessary for the operation of installed features and appliances.
| 190 |
| (U)
"Farm machinery" means all machines and tools that are
| 198 |
|
used in
the production, harvesting, and care of farm products,
and
| 199 |
|
includes trailers
that are used to transport agricultural
produce
| 200 |
|
or agricultural
production materials between a local
place of
| 201 |
|
storage or supply
and the farm,
agricultural tractors, threshing
| 202 |
|
machinery, hay-baling machinery,
corn shellers, hammermills, and
| 203 |
|
machinery used in the production
of horticultural, agricultural,
| 204 |
|
and vegetable products.
| 205 |
| (W)
"Manufacturer" and
"dealer" include all persons
and
firms
| 210 |
|
that are regularly engaged in the
business
of
manufacturing,
| 211 |
|
selling, displaying, offering for
sale, or
dealing
in motor
| 212 |
|
vehicles, at an established place of
business
that is
used
| 213 |
|
exclusively for the purpose of
manufacturing,
selling,
displaying,
| 214 |
|
offering for sale, or
dealing in motor
vehicles. A
place of
| 215 |
|
business that is used for
manufacturing,
selling,
displaying,
| 216 |
|
offering for sale, or
dealing in motor
vehicles shall
be deemed to
| 217 |
|
be used exclusively
for those purposes
even though
snowmobiles or
| 218 |
|
all-purpose
vehicles are sold or
displayed for
sale
thereat, even
| 219 |
|
though
farm machinery is sold or
displayed
for
sale
thereat, or
| 220 |
|
even
though repair, accessory,
gasoline
and oil,
storage, parts,
| 221 |
|
service, or paint departments
are
maintained
thereat, or, in any
| 222 |
|
county having a population of
less than
seventy-five thousand
at
| 223 |
|
the last federal
census,
even
though a department in
a place of
| 224 |
|
business is used to
dismantle,
salvage, or rebuild
motor vehicles
| 225 |
|
by means of used
parts, if
such
departments are
operated for the
| 226 |
|
purpose of
furthering and
assisting in the
business of
| 227 |
|
manufacturing,
selling, displaying,
offering for
sale, or dealing
| 228 |
|
in motor
vehicles. Places of
business or
departments in a place of
| 229 |
|
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
| 230 |
|
means of using
used parts
are not
considered as being
maintained
| 231 |
|
for the purpose
of
assisting or
furthering the
manufacturing,
| 232 |
|
selling,
displaying,
and offering
for sale or
dealing in motor
| 233 |
|
vehicles.
| 234 |
| (Y)
"Chauffeur" means any operator who operates a motor
| 237 |
|
vehicle, other than a taxicab, as an employee for hire; or any
| 238 |
|
operator whether or not the owner of a motor vehicle, other than
a
| 239 |
|
taxicab, who operates such vehicle for transporting, for gain,
| 240 |
|
compensation, or profit, either persons or property owned by
| 241 |
|
another. Any operator of a motor vehicle who is voluntarily
| 242 |
|
involved in
a ridesharing arrangement is not considered an
| 243 |
|
employee for hire
or operating such vehicle for gain,
| 244 |
|
compensation, or profit.
| 245 |
| (DD)
"Distributor" means any person who is authorized by a
| 256 |
|
motor
vehicle manufacturer to distribute new motor vehicles to
| 257 |
|
licensed
motor vehicle dealers at an established place of
business
| 258 |
|
that is used
exclusively for the purpose of
distributing new motor
| 259 |
|
vehicles to licensed motor vehicle
dealers, except when the
| 260 |
|
distributor also is a new motor vehicle
dealer, in which case the
| 261 |
|
distributor may distribute at the
location of the
distributor's
| 262 |
|
licensed dealership.
| 263 |
| (GG)
"Chartered party" means a group of persons who
contract
| 285 |
|
as a group to acquire the exclusive use of a
passenger-carrying
| 286 |
|
motor vehicle at a fixed charge for the
vehicle in accordance with
| 287 |
|
the carrier's tariff, lawfully on file
with the United
States
| 288 |
|
department of transportation, for the
purpose of group
travel to a
| 289 |
|
specified destination or for a
particular itinerary,
either agreed
| 290 |
|
upon in advance or modified
by the chartered group
after having
| 291 |
|
left the place of origin.
| 292 |
| (LL)
"Chauffeured limousine" means a motor vehicle
that is
| 315 |
|
designed to carry nine or fewer passengers
and is operated for
| 316 |
|
hire on an hourly basis pursuant to a prearranged contract for
the
| 317 |
|
transportation of passengers on public roads and highways
along a
| 318 |
|
route under the control of the person hiring the vehicle
and not
| 319 |
|
over a defined and regular route.
"Prearranged contract"
means an
| 320 |
|
agreement, made in advance of boarding, to provide
transportation
| 321 |
|
from a specific location in a chauffeured
limousine at a fixed
| 322 |
|
rate per hour or trip.
"Chauffeured
limousine" does not include
| 323 |
|
any vehicle that is used exclusively
in the
business of funeral
| 324 |
|
directing.
| 325 |
| (NN)
"Acquired situs,"
with respect to a manufactured home
or
| 328 |
|
a mobile home, means to
become located in this state by the
| 329 |
|
placement of the home
on real property, but does not include the
| 330 |
|
placement of a
manufactured home or a mobile home in the
inventory
| 331 |
|
of a new
motor vehicle dealer or the inventory of a
manufacturer,
| 332 |
|
remanufacturer, or distributor of manufactured or
mobile
homes.
| 333 |
| (VV) "Utility vehicle" means a self-propelled vehicle
| 363 |
|
designed with a bed, principally for the purpose of transporting
| 364 |
|
material or cargo in connection with construction, agricultural,
| 365 |
|
forestry, grounds maintenance, lawn and garden, materials
| 366 |
|
handling, or similar activities. "Utility vehicle" includes a
| 367 |
|
vehicle with a maximum attainable speed of twenty miles per hour
| 368 |
|
or less that is used exclusively within the boundaries of state
| 369 |
|
parks by state park employees or volunteers for the operation or
| 370 |
|
maintenance of state park facilities.
| 371 |
| Sec. 4503.181. (A) As used in this section, "historical | 372 |
|
motor vehicle" means any motor vehicle that is more than | 373 |
|
twenty-five years old and that is owned solely as a collector's | 374 |
|
item and for
participation
in club activities, exhibitions, tours, | 375 |
|
parades, and similar
uses, but in no event is used for general | 376 |
|
transportation. "Historical motor vehicle" includes a street rod | 377 |
|
or a custom vehicle, regardless of whether the street rod or | 378 |
|
custom vehicle actually is more than twenty-five years old or was | 379 |
|
manufactured to resemble a vehicle that is over twenty-five years | 380 |
|
old. | 381 |
| (C) A person who owns an historical motor
vehicle and applies | 385 |
|
for license plates
under this section shall execute an affidavit | 386 |
|
that the vehicle
for which plates are requested is owned and | 387 |
|
operated solely for
the purposes enumerated in division (A) of | 388 |
|
this section, and also
setting forth in the affidavit that the | 389 |
|
vehicle has been
inspected in accordance with applicable | 390 |
requirements of Chapter 4513. of the Revised Code and foundis | 391 |
|
safe to operate on the public
roads and highways
in the state. A | 392 |
|
person who owns an
historical
motor vehicle and desires to | 393 |
|
display
model year license plates on
the vehicle as permitted by | 394 |
|
this
section shall execute at the time
of registration an | 395 |
|
affidavit
setting forth that the model year
license plates the | 396 |
|
person
desires to
display on the person's
historical motor | 397 |
|
vehicle are legible
and serviceable license
plates that | 398 |
|
originally were
issued by this state. No registration
issued | 399 |
|
pursuant to this section need
specify the weight of the
vehicle. | 400 |
| (D) A vehicle registered under this section may display | 401 |
|
historical vehicle, street rod, or custom vehicle license plates, | 402 |
|
as applicable, issued by the registrar of
motor vehicles or model | 403 |
|
year license plates procured by the
applicant. Historical vehicle | 404 |
|
license plates shall not bear
a date, but
shall bear the | 405 |
|
inscription "Historical Vehicle--Ohio" and
the registration | 406 |
|
number, which shall be shown thereon. The owner of a street rod | 407 |
|
may request issuance of street rod license plates, which shall not | 408 |
|
bear a date, but shall be inscribed with identifying words or | 409 |
|
markings designed by the street rod community of Ohio and approved | 410 |
|
by the registrar. The owner of a custom vehicle may request | 411 |
|
issuance of custom vehicle license plates, which shall not bear a | 412 |
|
date, but shall be inscribed with identifying words or markings | 413 |
|
designed by the custom vehicle community of Ohio and approved by | 414 |
|
the registrar. Model year
license plates shall be legible and | 415 |
|
serviceable license plates
issued by this state and inscribed with | 416 |
|
the date of the year
corresponding to the model year when the | 417 |
|
vehicle was
manufactured. Notwithstanding section 4503.21 of the | 418 |
|
Revised
Code, only one model year license plate is required to be | 419 |
|
displayed on the rear of the historical motor vehicle at all | 420 |
|
times. The registration certificate and the historical vehicle | 421 |
|
license
plates issued by the registrar shall be kept in the | 422 |
|
vehicle
at all times the vehicle is operated on the public
roads | 423 |
|
and highways in this state. | 424 |
| Notwithstanding section 4503.21 of the Revised Code, the | 425 |
|
owner of an historical motor vehicle that was manufactured for | 426 |
|
military purposes and that is registered under this section may | 427 |
|
display the assigned registration number of the vehicle by | 428 |
|
painting the number on the front and rear of the vehicle. The | 429 |
|
number shall be painted, in accordance with the size and style | 430 |
|
specifications established for numerals and letters shown on | 431 |
|
license plates in section 4503.22 of the Revised Code, in a color | 432 |
|
that contrasts clearly with the color of the vehicle, and shall
be | 433 |
|
legible and visible at all times. Upon application for | 434 |
|
registration under this section and payment of the license fee | 435 |
|
prescribed in division (B) of this section, the owner of such an | 436 |
|
historical
motor vehicle shall be issued historical vehicle | 437 |
|
license plates. The
registration certificate and at least one
such | 438 |
|
license plate shall be kept in the vehicle at all times the | 439 |
|
vehicle is operated on the public roads
and highways in this | 440 |
|
state. If
ownership of such a vehicle is transferred, the | 441 |
|
transferor shall surrender the historical vehicle license plates | 442 |
|
or transfer them to another historical motor vehicle the | 443 |
|
transferor
owns, and remove or obliterate the registration numbers | 444 |
|
painted on
the
vehicle. | 445 |
| (E) Historical vehicle, street rod, custom vehicle, and model | 446 |
|
year license plates are valid without
renewal as long as the | 447 |
|
vehicle for which they were
issued or procured is in existence. | 448 |
|
Historical
vehicle, street rod, and custom vehicle plates are | 449 |
|
issued for the owner's use only for such vehicle
unless later | 450 |
|
transferred to another appropriate historical motor
vehicle owned | 451 |
|
by that person. In order to effect such a
transfer, the owner of | 452 |
|
the historical motor vehicle that
originally displayed the | 453 |
|
historical vehicle, street rod, or custom vehicle plates shall | 454 |
|
comply
with division (C) of this
section. In the event of a | 455 |
|
transfer of title, the transferor
shall surrender historical | 456 |
|
vehicle, street rod, or custom vehicle license plates
or transfer | 457 |
|
them to another appropriate historical motor vehicle owned
by the | 458 |
|
transferor, but model
year
license plates may be retained by the | 459 |
|
transferor. The registrar
may revoke license plates issued under | 460 |
|
this
section, for cause shown and after hearing, for failure of | 461 |
|
the
applicant to comply with this section. Upon revocation, | 462 |
|
historical vehicle, street rod, and custom vehicle license plates | 463 |
|
shall be surrendered;
model year license plates may be retained, | 464 |
|
but no longer are
valid for display on the vehicle. | 465 |
| (F) The owner of an historical motor vehicle bearing | 466 |
|
historical vehicle, street rod, or custom vehicle license plates | 467 |
|
may replace them with model
year license plates by surrendering | 468 |
|
the historical vehicle, street rod, or custom vehicle
license | 469 |
|
plates and motor vehicle certificate of registration to
the | 470 |
|
registrar. The owner, at the time of registration,
shall execute | 471 |
|
an affidavit setting forth that the model year plates are
legible | 472 |
|
and serviceable license plates that originally were issued
by this | 473 |
|
state. Such an owner is required to pay the
license fee prescribed | 474 |
|
by division (B) of this section, but
the
owner is not required to | 475 |
|
have the historical motor vehicle reinspected
under division (C) | 476 |
|
of this section. | 477 |
| A person who owns an historical motor vehicle
bearing model | 478 |
|
year
license plates may replace them with historical vehicle, | 479 |
|
street rod, or custom vehicle license
plates, as applicable, by | 480 |
|
surrendering the motor vehicle certificate of
registration and | 481 |
|
applying for issuance of historical vehicle, street rod, or custom | 482 |
|
vehicle
license plates. Such a person is required to pay the | 483 |
|
license fee prescribed by division (B) of this section, but
the | 484 |
|
person is not required to have the historical motor
vehicle | 485 |
|
reinspected under division (C) of this section. | 486 |
| Sec. 4513.38. No person shall be prohibited from owning or | 498 |
|
operating a
licensed collector's vehicle or historical motor | 499 |
|
vehicle that is equipped with
a feature of design, type of | 500 |
|
material, or article of equipment that was not in
violation of any | 501 |
|
motor vehicle equipment law of this state or of its political | 502 |
|
subdivisions in effect during the calendar year the vehicle was | 503 |
|
manufactured,
and no licensed collector's vehicle or historical | 504 |
|
motor vehicle shall be
prohibited from displaying or using any | 505 |
|
such feature of design, type of
material, or article of equipment. | 506 |
| No person shall be prohibited from owning or operating a | 507 |
|
licensed collector's
vehicle or historical motor vehicle for | 508 |
|
failing to comply with an equipment
provision contained in Chapter | 509 |
|
4513. of the Revised Code or in any state rule
that was enacted or | 510 |
|
adopted in a year subsequent to that in which the vehicle
was | 511 |
|
manufactured, and no licensed collector's vehicle or historical | 512 |
|
motor
vehicle shall be required to comply with an equipment | 513 |
|
provision enacted into
Chapter 4513. of the Revised Code or | 514 |
|
adopted by state rule subsequent to the
calendar year in which it | 515 |
|
was manufactured. No political subdivision shall
require an owner | 516 |
|
of a licensed collector's vehicle or historical motor vehicle
to | 517 |
|
comply with equipment provisions contained in laws or rules that | 518 |
|
were
enacted or adopted subsequent to the calendar year in which | 519 |
|
the vehicle was
manufactured, and no political subdivision shall | 520 |
|
prohibit the operation of a
licensed collector's vehicle or | 521 |
|
historical motor vehicle for failure to comply
with any such | 522 |
|
equipment laws or rules. | 523 |