As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 114

Senator Seitz 

Cosponsors: Senators Kearney, Patton, Wilson, Bacon, Beagle, Burke, Daniels, Hite, Hughes, LaRose, Sawyer, Schiavoni, Smith, Tavares, Turner 

Representatives Ruhl, Kozlowski, Letson, Murray, Phillips, Rosenberger, Uecker, Winburn Speaker Batchelder 

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A BILL

To amend sections 2744.081, 2744.082, 4501.01,

1

4501.13, 4503.04, 4503.21, 4503.22, 4503.544,

2

4507.01, 4507.05, 4507.06, 4507.11, 4511.01,

3

4511.53, 4513.241, 4517.33, 4519.01, 4519.02,

4

4775.01, 4775.02, 4775.03, 4775.04, 4775.05,

5

4775.06, 4775.07, 4775.08, 4775.09, 4775.10,

6

4775.11, 4775.99, and 5703.21 and to enact

7

sections 4511.214, 4511.215, and 4519.401 of the

8

Revised Code to establish conditions for the

9

operation of certain specialized motor vehicles,

10

including low-speed and under-speed vehicles,

11

scooters, cab-enclosed motorcycles, and

12

mini-trucks; to establish conditions for operation

13

of a motorcycle with a temporary instruction

14

permit; to prohibit motorcycle handlebars from

15

being higher than the shoulders of the operator

16

when the operator is seated in the operator's seat

17

or saddle; to establish a motor scooter temporary

18

instruction permit and license or endorsement; to

19

prohibit a motor vehicle manufacturer,

20

remanufacturer, or distributor from providing to a

21

licensed motor vehicle dealer a motor vehicle that

22

violates window tinting standards; to increase the

23

penalty for installing nonconforming glass or

24

other material; to establish civil liability for

25

installing nonconforming glass or other material,

26

including costs and attorney fees; to rename the

27

Board of Motor Vehicle Collision Repair

28

Registration as the Motor Vehicle Repair Board and

29

to expand the jurisdiction of the Board to require

30

persons who install motor vehicle window tint to

31

register with the Board; to give the Franklin

32

County Court of Common Pleas exclusive

33

jurisdiction over motor vehicle repair

34

registration violations; to impose a registration

35

or license suspension up to 180 days on a

36

registered motor vehicle repair facility or

37

licensed motor vehicle dealer upon a second or

38

subsequent violation for installing nonconforming

39

glass or other material; to establish an exemption

40

from the motor vehicle window tinting standards

41

for vehicles used by law enforcement agencies

42

under specified circumstances; and to make certain

43

changes associated with the Political Subdivision

44

Tort Liability Law.

45

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2744.081, 2744.082, 4501.01,	46
4501.13, 4503.04, 4503.21, 4503.22, 4503.544, 4507.01, 4507.05,	47
4507.06, 4507.11, 4511.01, 4511.53, 4513.241, 4517.33, 4519.01,	48
4519.02, 4775.01, 4775.02, 4775.03, 4775.04, 4775.05, 4775.06,	49
4775.07, 4775.08, 4775.09, 4775.10, 4775.11, 4775.99, and 5703.21	50
be amended and sections 4511.214, 4511.215, and 4519.401 of the	51
Revised Code be enacted to read as follows:	52

Sec. 2744.081.  (A) Regardless of whether a political	53
subdivision, under section 2744.08 of the Revised Code, secures a	54
policy or policies of liability insurance, establishes and	55
maintains a self-insurance program, or enters into an agreement	56
for the joint administration of a self-insurance program, the	57
political subdivision may, pursuant to a written agreement and to	58
the extent that it considers necessary, join with other political	59
subdivisions in establishing and maintaining a joint	60
self-insurance pool to provide for the payment of judgments,	61
settlement of claims, expense, loss, and damage that arises, or is	62
claimed to have arisen, from an act or omission of the political	63
subdivision or any of its employees in connection with a	64
governmental or proprietary function and to indemnify or hold	65
harmless the subdivision's employees against such loss or damage.	66

All of the following apply to a joint self-insurance pool	67
under this section:	68

(1) Such funds shall be reserved as are necessary, in the	69
exercise of sound and prudent actuarial judgment, to cover	70
potential political subdivision and employee liability, expense,	71
loss, and damage. A report of amounts so reserved and	72
disbursements made from such funds, together with a written report	73
of a member of the American academy of actuaries certifying	74
whether the amounts reserved conform to the requirements of this	75
division, are computed in accordance with accepted loss reserving	76
standards, and are fairly stated in accordance with sound loss	77
reserving principles, shall be prepared and maintained in the	78
office of the pool administrator described in division (A)(2) of	79
this section. The report shall be prepared and maintained on or	80
before the last day of March for the preceding calendar year or,	81
if the joint self-insurance pool's fiscal year is other than a	82
calendar year, not later than ninety days after the close of the	83
pool's fiscal year.	84

The report required by this division shall include, but not	85
be limited to, disbursements made for the administration of the	86
pool, including claims paid, costs of the legal representation of	87
political subdivisions and employees, and fees paid to	88
consultants.	89

The pool administrator described in division (A)(2) of this	90
section shall make the report required by this division available	91
for inspection by any person at all reasonable times during	92
regular business hours, and, upon the request of such person,	93
shall make copies of the report available at cost within a	94
reasonable period of time.	95

(2) A contract may be awarded, without the necessity of	96
competitive bidding, to any person, political subdivision,	97
nonprofit corporation organized under Chapter 1702. of the Revised	98
Code, or regional council of governments created under Chapter	99
167. of the Revised Code for purposes of administration of a joint	100
self-insurance pool. No such contract shall be entered into	101
without full, prior, public disclosure of all terms and	102
conditions. Such disclosure shall include, at a minimum, a	103
statement listing all representations made in connection with any	104
possible savings and losses resulting from such contract, and	105
potential liability of any political subdivision or employee. The	106
proposed contract and statement shall be disclosed and presented	107
at a meeting of the political subdivision not less than one week	108
prior to the meeting at which the political subdivision authorizes	109
the contract.	110

(3) A joint self-insurance pool shall include a contract with	111
a member of the American academy of actuaries for the preparation	112
of the written evaluation of the reserve funds required under	113
division (A)(1) of this section.	114

(4) A joint self-insurance pool may allocate the costs of	115
funding the pool among the funds or accounts in the treasuries of	116
the political subdivisions on the basis of their relative exposure	117
and loss experience. A joint self-insurance program may require	118
any deductible under the program to be paid from funds or accounts	119
in the treasury of the political subdivision from which a loss was	120
directly attributable.	121

(B) Two or more political subdivisions may also authorize the	122
establishment and maintenance of a joint risk-management program,	123
including but not limited to the employment of risk managers and	124
consultants, for the purpose of preventing and reducing the risks	125
covered by insurance, self-insurance, or joint self-insurance	126
programs.	127

(C) A political subdivision is not liable under a joint	128
self-insurance pool for any amount in excess of amounts payable	129
pursuant to the written agreement for the participation of the	130
political subdivision in the joint self-insurance pool. Under a	131
joint self-insurance pool agreement a political subdivision may,	132
to the extent permitted under the written agreement, assume the	133
risks of any other political subdivision, including the	134
indemnification of its employees. A joint self-insurance pool,	135
established under this section, is deemed a separate legal entity	136
for the public purpose of enabling the members of the joint	137
self-insurance pool to obtain insurance or to provide for a	138
formalized, jointly administered self-insurance fund for its	139
members. An entity created pursuant to this section is exempt from	140
all state and local taxes.	141

(D) Any political subdivision may issue general obligation	142
bonds, or special obligation bonds which are not payable from real	143
or personal property taxes, and may also issue notes in	144
anticipation of such bonds, pursuant to an ordinance or resolution	145
of its legislative authority or other governing body for the	146
purpose of providing funds to pay judgments, losses, damages, and	147
the expenses of litigation or settlement of claims, whether by way	148
of a reserve or otherwise, and to pay the political subdivision's	149
portion of the cost of establishing and maintaining a joint	150
self-insurance pool or to provide for the reserve in the special	151
fund authorized by division (A)(2)(a) of section 2744.08 of the	152
Revised Code.	153

In its ordinance or resolution authorizing bonds or notes	154
under this section, a political subdivision may elect to issue	155
such bonds or notes under the procedures set forth in Chapter 133.	156
of the Revised Code. In the event of such an election,	157
notwithstanding Chapter 133. of the Revised Code, the maturity of	158
the bonds may be for any period authorized in the ordinance or	159
resolution not exceeding twenty years, which period shall be the	160
maximum maturity of the bonds for purposes of section 133.22 of	161
the Revised Code.	162

Bonds and notes issued under this section shall not be	163
considered in calculating the net indebtedness of the political	164
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	165
the Revised Code. Sections 9.98 to 9.983 of the Revised Code apply	166
to bonds or notes authorized under this section.	167

(E)(1) A joint self-insurance pool, in addition to its powers	168
to provide self-insurance against any and all liabilities under	169
this chapter, may also include any one or more of the following	170
forms of property or casualty self-insurance for the purpose of	171
covering any other liabilities or risks of the members of the	172
pool:	173

(a) Public general liability, professional liability, or	174
employees liability;	175

(b) Individual or fleet motor vehicle or automobile liability	176
and protection against other liability and loss associated with	177
the ownership, maintenance, and use of motor vehicles;	178

(c) Aircraft liability and protection against other liability	179
and loss associated with the ownership, maintenance, and use of	180
aircraft;	181

(d) Fidelity, surety, and guarantee;

182

(e) Loss or damage to property and loss of use and occupancy	183
of property by fire, lightning, hail, tempest, flood, earthquake,	184
or snow, explosion, accident, or other risk;	185

(f) Marine, inland transportation and navigation, boiler,	186
containers, pipes, engines, flywheels, elevators, and machinery;	187

(g) Environmental impairment;

188

(h) Loss or damage by any hazard upon any other risk to which	189
political subdivisions are subject, which is not prohibited by	190
statute or at common law from being the subject of casualty or	191
property insurance.	192

(2) A joint self-insurance pool is not an insurance company.	193
Its operation does not constitute doing an insurance business and	194
is not subject to the insurance laws of this state.	195

(F) A public official or employee of a political subdivision	196
who is or becomes a member of the governing body of a joint	197
self-insurance pool in which the political subdivision	198
participates is not in violation of division (D) or (E) of section	199
102.03, division (C) of section 102.04, or section 2921.42 of the	200
Revised Code as a result of the political subdivision's entering	201
under this section into the written agreement to participate in	202
the pool or into any contract with the pool.	203

(G) This section shall not be construed to affect the ability	204
of any political subdivision to self-insure under the authority	205
conferred by any other section of the Revised Code.	206

Sec. 2744.082.  (A) If a political subdivision, pursuant to	207
division (A)(2)(a) of section 2744.08 of the Revised Code or a	208
joint self-insurance pool pursuant to section 2744.081 of the	209
Revised Code, has allocated costs to, or required the payment of	210
deductibles from, funds or accounts in the subdivision's treasury,	211
the subdivision's fiscal officer, pursuant to an ordinance or	212
resolution of the subdivision's legislative authority, shall	213
transfer amounts equal to those costs or deductibles from the	214
funds or accounts to the subdivision's general fund if both of the	215
following occur:	216

(1) The subdivision requests payment from the employee	217
responsible for the funds or accounts for those costs or	218
deductibles;	219

(2) The employee receiving the request fails to remit payment	220
within forty-five days after the date of receipt of the request.	221

(B) Sections 5705.14, 5705.15, and 5705.16 of the Revised	222
Code do not apply to transfers made pursuant to this section.	223

Sec. 4501.01.  As used in this chapter and Chapters 4503.,	224
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	225
Revised Code, and in the penal laws, except as otherwise provided:	226

(A) "Vehicles" means everything on wheels or runners,	227
including motorized bicycles, but does not mean electric personal	228
assistive mobility devices, vehicles that are operated exclusively	229
on rails or tracks or from overhead electric trolley wires, and	230
vehicles that belong to any police department, municipal fire	231
department, or volunteer fire department, or that are used by such	232
a department in the discharge of its functions.	233

(B) "Motor vehicle" means any vehicle, including mobile homes	234
and recreational vehicles, that is propelled or drawn by power	235
other than muscular power or power collected from overhead	236
electric trolley wires. "Motor vehicle" does not include utility	237
vehicles as defined in division (VV) of this section, under-speed	238
vehicles as defined in division (XX) of this section, mini-trucks	239
as defined in division (BBB) of this section, motorized bicycles,	240
road rollers, traction engines, power shovels, power cranes, and	241
other equipment used in construction work and not designed for or	242
employed in general highway transportation, well-drilling	243
machinery, ditch-digging machinery, farm machinery, and trailers	244
that are designed and used exclusively to transport a boat between	245
a place of storage and a marina, or in and around a marina, when	246
drawn or towed on a public road or highway for a distance of no	247
more than ten miles and at a speed of twenty-five miles per hour	248
or less.	249

(C) "Agricultural tractor" and "traction engine" mean any	250
self-propelling vehicle that is designed or used for drawing other	251
vehicles or wheeled machinery, but has no provisions for carrying	252
loads independently of such other vehicles, and that is used	253
principally for agricultural purposes.	254

(D) "Commercial tractor," except as defined in division (C)	255
of this section, means any motor vehicle that has motive power and	256
either is designed or used for drawing other motor vehicles, or is	257
designed or used for drawing another motor vehicle while carrying	258
a portion of the other motor vehicle or its load, or both.	259

(E) "Passenger car" means any motor vehicle that is designed	260
and used for carrying not more than nine persons and includes any	261
motor vehicle that is designed and used for carrying not more than	262
fifteen persons in a ridesharing arrangement.	263

(F) "Collector's vehicle" means any motor vehicle or	264
agricultural tractor or traction engine that is of special	265
interest, that has a fair market value of one hundred dollars or	266
more, whether operable or not, and that is owned, operated,	267
collected, preserved, restored, maintained, or used essentially as	268
a collector's item, leisure pursuit, or investment, but not as the	269
owner's principal means of transportation. "Licensed collector's	270
vehicle" means a collector's vehicle, other than an agricultural	271
tractor or traction engine, that displays current, valid license	272
tags issued under section 4503.45 of the Revised Code, or a	273
similar type of motor vehicle that displays current, valid license	274
tags issued under substantially equivalent provisions in the laws	275
of other states.	276

(G) "Historical motor vehicle" means any motor vehicle that	277
is over twenty-five years old and is owned solely as a collector's	278
item and for participation in club activities, exhibitions, tours,	279
parades, and similar uses, but that in no event is used for	280
general transportation.	281

(H) "Noncommercial motor vehicle" means any motor vehicle,	282
including a farm truck as defined in section 4503.04 of the	283
Revised Code, that is designed by the manufacturer to carry a load	284
of no more than one ton and is used exclusively for purposes other	285
than engaging in business for profit.	286

(I) "Bus" means any motor vehicle that has motor power and is	287
designed and used for carrying more than nine passengers, except	288
any motor vehicle that is designed and used for carrying not more	289
than fifteen passengers in a ridesharing arrangement.	290

(J) "Commercial car" or "truck" means any motor vehicle that	291
has motor power and is designed and used for carrying merchandise	292
or freight, or that is used as a commercial tractor.	293

(K) "Bicycle" means every device, other than a tricycle that	294
is designed solely for use as a play vehicle by a child, that is	295
propelled solely by human power upon which any person may ride,	296
and that has two tandem wheels, or one wheel in front and two	297
wheels in the rear, or two wheels in the front and one wheel in	298
the rear, any of which is more than fourteen inches in diameter.	299

(L) "Motorized bicycle" or "moped" means any vehicle that	300
either has two tandem wheels or one wheel in the front and two	301
wheels in the rear, that is capable of beingmay be pedaled, and	302
that is equipped with a helper motor of not more than fifty cubic	303
centimeters piston displacement that produces no more than one	304
brake horsepower and is capable of propelling the vehicle at a	305
speed of no greater than twenty miles per hour on a level surface.	306

(M) "Trailer" means any vehicle without motive power that is	307
designed or used for carrying property or persons wholly on its	308
own structure and for being drawn by a motor vehicle, and includes	309
any such vehicle that is formed by or operated as a combination of	310
a semitrailer and a vehicle of the dolly type such as that	311
commonly known as a trailer dolly, a vehicle used to transport	312
agricultural produce or agricultural production materials between	313
a local place of storage or supply and the farm when drawn or	314
towed on a public road or highway at a speed greater than	315
twenty-five miles per hour, and a vehicle that is designed and	316
used exclusively to transport a boat between a place of storage	317
and a marina, or in and around a marina, when drawn or towed on a	318
public road or highway for a distance of more than ten miles or at	319
a speed of more than twenty-five miles per hour. "Trailer" does	320
not include a manufactured home or travel trailer.	321

(N) "Noncommercial trailer" means any trailer, except a	322
travel trailer or trailer that is used to transport a boat as	323
described in division (B) of this section, but, where applicable,	324
includes a vehicle that is used to transport a boat as described	325
in division (M) of this section, that has a gross weight of no	326
more than ten thousand pounds, and that is used exclusively for	327
purposes other than engaging in business for a profit, such as the	328
transportation of personal items for personal or recreational	329
purposes.	330

(O) "Mobile home" means a building unit or assembly of closed	331
construction that is fabricated in an off-site facility, is more	332
than thirty-five body feet in length or, when erected on site, is	333
three hundred twenty or more square feet, is built on a permanent	334
chassis, is transportable in one or more sections, and does not	335
qualify as a manufactured home as defined in division (C)(4) of	336
section 3781.06 of the Revised Code or as an industrialized unit	337
as defined in division (C)(3) of section 3781.06 of the Revised	338
Code.	339

(P) "Semitrailer" means any vehicle of the trailer type that	340
does not have motive power and is so designed or used with another	341
and separate motor vehicle that in operation a part of its own	342
weight or that of its load, or both, rests upon and is carried by	343
the other vehicle furnishing the motive power for propelling	344
itself and the vehicle referred to in this division, and includes,	345
for the purpose only of registration and taxation under those	346
chapters, any vehicle of the dolly type, such as a trailer dolly,	347
that is designed or used for the conversion of a semitrailer into	348
a trailer.	349

(Q) "Recreational vehicle" means a vehicular portable	350
structure that meets all of the following conditions:	351

(1) It is designed for the sole purpose of recreational	352
travel.	353

(2) It is not used for the purpose of engaging in business	354
for profit.	355

(3) It is not used for the purpose of engaging in intrastate	356
commerce.	357

(4) It is not used for the purpose of commerce as defined in	358
49 C.F.R. 383.5, as amended.	359

(5) It is not regulated by the public utilities commission	360
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	361

(6) It is classed as one of the following:

362

(a) "Travel trailer" or "house vehicle" means a	363
nonself-propelled recreational vehicle that does not exceed an	364
overall length of thirty-fiveforty feet, exclusive of bumper and	365
tongue or coupling, and contains less than three hundred twenty	366
square feet of space when erected on site. "Travel trailer"	367
includes a tent-type fold-out camping trailer as defined in	368
section 4517.01 of the Revised Code.	369

(b) "Motor home" means a self-propelled recreational vehicle	370
that has no fifth wheel and is constructed with permanently	371
installed facilities for cold storage, cooking and consuming of	372
food, and for sleeping.	373

(c) "Truck camper" means a nonself-propelled recreational	374
vehicle that does not have wheels for road use and is designed to	375
be placed upon and attached to a motor vehicle. "Truck camper"	376
does not include truck covers that consist of walls and a roof,	377
but do not have floors and facilities enabling them to be used as	378
a dwelling.	379

(d) "Fifth wheel trailer" means a vehicle that is of such	380
size and weight as to be movable without a special highway permit,	381
that has a gross trailer area of four hundred square feet or less,	382
that is constructed with a raised forward section that allows a	383
bi-level floor plan, and that is designed to be towed by a vehicle	384
equipped with a fifth-wheel hitch ordinarily installed in the bed	385
of a truck.	386

(e) "Park trailer" means a vehicle that is commonly known as	387
a park model recreational vehicle, meets the American national	388
standard institute standard A119.5 (1988) for park trailers, is	389
built on a single chassis, has a gross trailer area of four	390
hundred square feet or less when set up, is designed for seasonal	391
or temporary living quarters, and may be connected to utilities	392
necessary for the operation of installed features and appliances.	393

(R) "Pneumatic tires" means tires of rubber and fabric or	394
tires of similar material, that are inflated with air.	395

(S) "Solid tires" means tires of rubber or similar elastic	396
material that are not dependent upon confined air for support of	397
the load.	398

(T) "Solid tire vehicle" means any vehicle that is equipped	399
with two or more solid tires.	400

(U) "Farm machinery" means all machines and tools that are	401
used in the production, harvesting, and care of farm products, and	402
includes trailers that are used to transport agricultural produce	403
or agricultural production materials between a local place of	404
storage or supply and the farm, agricultural tractors, threshing	405
machinery, hay-baling machinery, corn shellers, hammermills, and	406
machinery used in the production of horticultural, agricultural,	407
and vegetable products.	408

(V) "Owner" includes any person or firm, other than a	409
manufacturer or dealer, that has title to a motor vehicle, except	410
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	411
includes in addition manufacturers and dealers.	412

(W) "Manufacturer" and "dealer" include all persons and firms	413
that are regularly engaged in the business of manufacturing,	414
selling, displaying, offering for sale, or dealing in motor	415
vehicles, at an established place of business that is used	416
exclusively for the purpose of manufacturing, selling, displaying,	417
offering for sale, or dealing in motor vehicles. A place of	418
business that is used for manufacturing, selling, displaying,	419
offering for sale, or dealing in motor vehicles shall be deemed to	420
be used exclusively for those purposes even though snowmobiles or	421
all-purpose vehicles are sold or displayed for sale thereat, even	422
though farm machinery is sold or displayed for sale thereat, or	423
even though repair, accessory, gasoline and oil, storage, parts,	424
service, or paint departments are maintained thereat, or, in any	425
county having a population of less than seventy-five thousand at	426
the last federal census, even though a department in a place of	427
business is used to dismantle, salvage, or rebuild motor vehicles	428
by means of used parts, if such departments are operated for the	429
purpose of furthering and assisting in the business of	430
manufacturing, selling, displaying, offering for sale, or dealing	431
in motor vehicles. Places of business or departments in a place of	432
business used to dismantle, salvage, or rebuild motor vehicles by	433
means of using used parts are not considered as being maintained	434
for the purpose of assisting or furthering the manufacturing,	435
selling, displaying, and offering for sale or dealing in motor	436
vehicles.	437

(X) "Operator" includes any person who drives or operates a	438
motor vehicle upon the public highways.	439

(Y) "Chauffeur" means any operator who operates a motor	440
vehicle, other than a taxicab, as an employee for hire; or any	441
operator whether or not the owner of a motor vehicle, other than a	442
taxicab, who operates such vehicle for transporting, for gain,	443
compensation, or profit, either persons or property owned by	444
another. Any operator of a motor vehicle who is voluntarily	445
involved in a ridesharing arrangement is not considered an	446
employee for hire or operating such vehicle for gain,	447
compensation, or profit.	448

(Z) "State" includes the territories and federal districts of	449
the United States, and the provinces of Canada.	450

(AA) "Public roads and highways" for vehicles includes all	451
public thoroughfares, bridges, and culverts.	452

(BB) "Manufacturer's number" means the manufacturer's	453
original serial number that is affixed to or imprinted upon the	454
chassis or other part of the motor vehicle.	455

(CC) "Motor number" means the manufacturer's original number	456
that is affixed to or imprinted upon the engine or motor of the	457
vehicle.	458

(DD) "Distributor" means any person who is authorized by a	459
motor vehicle manufacturer to distribute new motor vehicles to	460
licensed motor vehicle dealers at an established place of business	461
that is used exclusively for the purpose of distributing new motor	462
vehicles to licensed motor vehicle dealers, except when the	463
distributor also is a new motor vehicle dealer, in which case the	464
distributor may distribute at the location of the distributor's	465
licensed dealership.	466

(EE) "Ridesharing arrangement" means the transportation of	467
persons in a motor vehicle where the transportation is incidental	468
to another purpose of a volunteer driver and includes ridesharing	469
arrangements known as carpools, vanpools, and buspools.	470

(FF) "Apportionable vehicle" means any vehicle that is used	471
or intended for use in two or more international registration plan	472
member jurisdictions that allocate or proportionally register	473
vehicles, that is used for the transportation of persons for hire	474
or designed, used, or maintained primarily for the transportation	475
of property, and that meets any of the following qualifications:	476

(1) Is a power unit having a gross vehicle weight in excess	477
of twenty-six thousand pounds;	478

(2) Is a power unit having three or more axles, regardless of	479
the gross vehicle weight;	480

(3) Is a combination vehicle with a gross vehicle weight in	481
excess of twenty-six thousand pounds.	482

"Apportionable vehicle" does not include recreational	483
vehicles, vehicles displaying restricted plates, city pick-up and	484
delivery vehicles, buses used for the transportation of chartered	485
parties, or vehicles owned and operated by the United States, this	486
state, or any political subdivisions thereof.	487

(GG) "Chartered party" means a group of persons who contract	488
as a group to acquire the exclusive use of a passenger-carrying	489
motor vehicle at a fixed charge for the vehicle in accordance with	490
the carrier's tariff, lawfully on file with the United States	491
department of transportation, for the purpose of group travel to a	492
specified destination or for a particular itinerary, either agreed	493
upon in advance or modified by the chartered group after having	494
left the place of origin.	495

(HH) "International registration plan" means a reciprocal	496
agreement of member jurisdictions that is endorsed by the American	497
association of motor vehicle administrators, and that promotes and	498
encourages the fullest possible use of the highway system by	499
authorizing apportioned registration of fleets of vehicles and	500
recognizing registration of vehicles apportioned in member	501
jurisdictions.	502

(II) "Restricted plate" means a license plate that has a	503
restriction of time, geographic area, mileage, or commodity, and	504
includes license plates issued to farm trucks under division (J)	505
of section 4503.04 of the Revised Code.	506

(JJ) "Gross vehicle weight," with regard to any commercial	507
car, trailer, semitrailer, or bus that is taxed at the rates	508
established under section 4503.042 or 4503.65 of the Revised Code,	509
means the unladen weight of the vehicle fully equipped plus the	510
maximum weight of the load to be carried on the vehicle.	511

(KK) "Combined gross vehicle weight" with regard to any	512
combination of a commercial car, trailer, and semitrailer, that is	513
taxed at the rates established under section 4503.042 or 4503.65	514
of the Revised Code, means the total unladen weight of the	515
combination of vehicles fully equipped plus the maximum weight of	516
the load to be carried on that combination of vehicles.	517

(LL) "Chauffeured limousine" means a motor vehicle that is	518
designed to carry nine or fewer passengers and is operated for	519
hire on an hourly basis pursuant to a prearranged contract for the	520
transportation of passengers on public roads and highways along a	521
route under the control of the person hiring the vehicle and not	522
over a defined and regular route. "Prearranged contract" means an	523
agreement, made in advance of boarding, to provide transportation	524
from a specific location in a chauffeured limousine at a fixed	525
rate per hour or trip. "Chauffeured limousine" does not include	526
any vehicle that is used exclusively in the business of funeral	527
directing.	528

(MM) "Manufactured home" has the same meaning as in division	529
(C)(4) of section 3781.06 of the Revised Code.	530

(NN) "Acquired situs," with respect to a manufactured home or	531
a mobile home, means to become located in this state by the	532
placement of the home on real property, but does not include the	533
placement of a manufactured home or a mobile home in the inventory	534
of a new motor vehicle dealer or the inventory of a manufacturer,	535
remanufacturer, or distributor of manufactured or mobile homes.	536

(OO) "Electronic" includes electrical, digital, magnetic,	537
optical, electromagnetic, or any other form of technology that	538
entails capabilities similar to these technologies.	539

(PP) "Electronic record" means a record generated,	540
communicated, received, or stored by electronic means for use in	541
an information system or for transmission from one information	542
system to another.	543

(QQ) "Electronic signature" means a signature in electronic	544
form attached to or logically associated with an electronic	545
record.	546

(RR) "Financial transaction device" has the same meaning as	547
in division (A) of section 113.40 of the Revised Code.	548

(SS) "Electronic motor vehicle dealer" means a motor vehicle	549
dealer licensed under Chapter 4517. of the Revised Code whom the	550
registrar of motor vehicles determines meets the criteria	551
designated in section 4503.035 of the Revised Code for electronic	552
motor vehicle dealers and designates as an electronic motor	553
vehicle dealer under that section.	554

(TT) "Electric personal assistive mobility device" means a	555
self-balancing two non-tandem wheeled device that is designed to	556
transport only one person, has an electric propulsion system of an	557
average of seven hundred fifty watts, and when ridden on a paved	558
level surface by an operator who weighs one hundred seventy pounds	559
has a maximum speed of less than twenty miles per hour.	560

(UU) "Limited driving privileges" means the privilege to	561
operate a motor vehicle that a court grants under section 4510.021	562
of the Revised Code to a person whose driver's or commercial	563
driver's license or permit or nonresident operating privilege has	564
been suspended.	565

(VV) "Utility vehicle" means a self-propelled vehicle	566
designed with a bed, principally for the purpose of transporting	567
material or cargo in connection with construction, agricultural,	568
forestry, grounds maintenance, lawn and garden, materials	569
handling, or similar activities. "Utility vehicle" includes a	570
vehicle with a maximum attainable speed of twenty miles per hour	571
or less that is used exclusively within the boundaries of state	572
parks by state park employees or volunteers for the operation or	573
maintenance of state park facilities.	574

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	575
vehicle with an attainable speed in one mile on a paved level	576
surface of more than twenty miles per hour but not more than	577
twenty-five miles per hour and with a gross vehicle weight rating	578
less than three thousand pounds.	579

(XX) "Under-speed vehicle" means a three- or four-wheeled	580
vehicle, including a vehicle commonly known as a golf cart, with	581
an attainable speed on a paved level surface of not more than	582
twenty miles per hour and with a gross vehicle weight rating less	583
than three thousand pounds.	584

(YY) "Motor-driven cycle or motor scooter" means any vehicle	585
designed to travel on not more than three wheels in contact with	586
the ground, with a seat for the driver and floor pad for the	587
driver's feet, and is equipped with a motor with a piston	588
displacement between fifty and one hundred fifty cubic centimeters	589
piston displacement that produces not more than five brake	590
horsepower and is capable of propelling the vehicle at a speed	591
greater than twenty miles per hour on a level surface.	592

(ZZ) "Motorcycle" means a motor vehicle with motive power	593
having a seat or saddle for the use of the operator, designed to	594
travel on not more than three wheels in contact with the ground,	595
and having no occupant compartment top or occupant compartment top	596
that can be installed or removed by the user.	597

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	598
motive power having a seat or saddle for the use of the operator,	599
designed to travel on not more than three wheels in contact with	600
the ground, and having an occupant compartment top or an occupant	601
compartment top that can be installed or removed by the user.	602

(BBB) "Mini-truck" means a vehicle that has four wheels, is	603
propelled by an electric motor with a rated power of seven	604
thousand five hundred watts or less or an internal combustion	605
engine with a piston displacement capacity of six hundred sixty	606
cubic centimeters or less, has a total dry weight of nine hundred	607
to two thousand two hundred pounds, contains an enclosed cabin and	608
a seat for the vehicle operator, resembles a pickup truck or van	609
with a cargo area or bed located at the rear of the vehicle, and	610
was not originally manufactured to meet federal motor vehicle	611
safety standards.	612

Sec. 4501.13.  Six dollars of each registration fee	613
designated for payment to the registrar of motor vehicles in	614
division (A)(2)(1)(b) of section 4503.04 of the Revised Code shall	615
be deposited in the motorcycle safety and education fund, which is	616
hereby created in the state treasury and, unless otherwise	617
provided by law, shall be used solely to pay part or all of the	618
costs of conducting the motorcycle safety and education program	619
created by section 4508.08 of the Revised Code.	620

Sec. 4503.04.  Except as provided in sections 4503.042 and	621
4503.65 of the Revised Code for the registration of commercial	622
cars, trailers, semitrailers, and certain buses, the rates of the	623
taxes imposed by section 4503.02 of the Revised Code shall be as	624
follows:	625

(A)(1) For motor vehicles having three wheels or less, the	626
license tax is:	627

(1)(a) For each motorized bicycle or moped, ten dollars;

628

(2)(b) For each motorcycle, cab-enclosed motorcycle,	629
motor-driven cycle, or motor scooter, fourteen dollars.	630

(2) For each low-speed, under-speed, and utility vehicle, and	631
each mini-truck, ten dollars.	632

(B) For each passenger car, twenty dollars;

633

(C) For each manufactured home, each mobile home, and each	634
travel trailer or house vehicle, ten dollars;	635

(D) For each noncommercial motor vehicle designed by the	636
manufacturer to carry a load of no more than three-quarters of one	637
ton and for each motor home, thirty-five dollars; for each	638
noncommercial motor vehicle designed by the manufacturer to carry	639
a load of more than three-quarters of one ton, but not more than	640
one ton, seventy dollars;	641

(E) For each noncommercial trailer, the license tax is:

642

(1) Eighty-five cents for each one hundred pounds or part	643
thereof for the first two thousand pounds or part thereof of	644
weight of vehicle fully equipped;	645

(2) One dollar and forty cents for each one hundred pounds or	646
part thereof in excess of two thousand pounds up to and including	647
ten thousand pounds.	648

(F) Notwithstanding its weight, twelve dollars for any:

649

(1) Vehicle equipped, owned, and used by a charitable or	650
nonprofit corporation exclusively for the purpose of administering	651
chest x-rays or receiving blood donations;	652

(2) Van used principally for the transportation of	653
handicapped persons that has been modified by being equipped with	654
adaptive equipment to facilitate the movement of such persons into	655
and out of the van;	656

(3) Bus used principally for the transportation of	657
handicapped persons or persons sixty-five years of age or older.	658

(G) Notwithstanding its weight, twenty dollars for any bus	659
used principally for the transportation of persons in a	660
ridesharing arrangement.	661

(H) For each transit bus having motor power the license tax	662
is twelve dollars.	663

"Transit bus" means either a motor vehicle having a seating	664
capacity of more than seven persons which is operated and used by	665
any person in the rendition of a public mass transportation	666
service primarily in a municipal corporation or municipal	667
corporations and provided at least seventy-five per cent of the	668
annual mileage of such service and use is within such municipal	669
corporation or municipal corporations or a motor vehicle having a	670
seating capacity of more than seven persons which is operated	671
solely for the transportation of persons associated with a	672
charitable or nonprofit corporation, but does not mean any motor	673
vehicle having a seating capacity of more than seven persons when	674
such vehicle is used in a ridesharing capacity or any bus	675
described by division (F)(3) of this section.	676

The application for registration of such transit bus shall be	677
accompanied by an affidavit prescribed by the registrar of motor	678
vehicles and signed by the person or an agent of the firm or	679
corporation operating such bus stating that the bus has a seating	680
capacity of more than seven persons, and that it is either to be	681
operated and used in the rendition of a public mass transportation	682
service and that at least seventy-five per cent of the annual	683
mileage of such operation and use shall be within one or more	684
municipal corporations or that it is to be operated solely for the	685
transportation of persons associated with a charitable or	686
nonprofit corporation.	687

The form of the license plate, and the manner of its	688
attachment to the vehicle, shall be prescribed by the registrar of	689
motor vehicles.	690

(I) TheExcept as otherwise provided in division (A) or (J)	691
of this section, the minimum tax for any vehicle having motor	692
power other than a farm truck, a motorized bicycle, or motorcycle	693
is ten dollars and eighty cents, and for each noncommercial	694
trailer, five dollars.	695

(J)(1) Except as otherwise provided in division (J) of this	696
section, for each farm truck, except a noncommercial motor	697
vehicle, that is owned, controlled, or operated by one or more	698
farmers exclusively in farm use as defined in this section, and	699
not for commercial purposes, and provided that at least	700
seventy-five per cent of such farm use is by or for the one or	701
more owners, controllers, or operators of the farm in the	702
operation of which a farm truck is used, the license tax is five	703
dollars plus:	704

(a) Fifty cents per one hundred pounds or part thereof for	705
the first three thousand pounds;	706

(b) Seventy cents per one hundred pounds or part thereof in	707
excess of three thousand pounds up to and including four thousand	708
pounds;	709

(c) Ninety cents per one hundred pounds or part thereof in	710
excess of four thousand pounds up to and including six thousand	711
pounds;	712

(d) Two dollars for each one hundred pounds or part thereof	713
in excess of six thousand pounds up to and including ten thousand	714
pounds;	715

(e) Two dollars and twenty-five cents for each one hundred	716
pounds or part thereof in excess of ten thousand pounds;	717

(f) The minimum license tax for any farm truck shall be	718
twelve dollars.	719

(2) The owner of a farm truck may register the truck for a	720
period of one-half year by paying one-half the registration tax	721
imposed on the truck under this chapter and one-half the amount of	722
any tax imposed on the truck under Chapter 4504. of the Revised	723
Code.	724

(3) A farm bus may be registered for a period of ninety days	725
from the date of issue of the license plates for the bus, for a	726
fee of ten dollars, provided such license plates shall not be	727
issued for more than any two ninety-day periods in any calendar	728
year. Such use does not include the operation of trucks by	729
commercial processors of agricultural products.	730

(4) License plates for farm trucks and for farm buses shall	731
have some distinguishing marks, letters, colors, or other	732
characteristics to be determined by the director of public safety.	733

(5) Every person registering a farm truck or bus under this	734
section shall furnish an affidavit certifying that the truck or	735
bus licensed to that person is to be so used as to meet the	736
requirements necessary for the farm truck or farm bus	737
classification.	738

Any farmer may use a truck owned by the farmer for commercial	739
purposes by paying the difference between the commercial truck	740
registration fee and the farm truck registration fee for the	741
remaining part of the registration period for which the truck is	742
registered. Such remainder shall be calculated from the beginning	743
of the semiannual period in which application for such commercial	744
license is made.	745

Taxes at the rates provided in this section are in lieu of	746
all taxes on or with respect to the ownership of such motor	747
vehicles, except as provided in section 4503.042 and section	748
4503.06 of the Revised Code.	749

(K) Other than trucks registered under the international	750
registration plan in another jurisdiction and for which this state	751
has received an apportioned registration fee, the license tax for	752
each truck which is owned, controlled, or operated by a	753
nonresident, and licensed in another state, and which is used	754
exclusively for the transportation of nonprocessed agricultural	755
products intrastate, from the place of production to the place of	756
processing, is twenty-four dollars.	757

"Truck," as used in this division, means any pickup truck,	758
straight truck, semitrailer, or trailer other than a travel	759
trailer. Nonprocessed agricultural products, as used in this	760
division, does not include livestock or grain.	761

A license issued under this division shall be issued for a	762
period of one hundred thirty days in the same manner in which all	763
other licenses are issued under this section, provided that no	764
truck shall be so licensed for more than one	765
one-hundred-thirty-day period during any calendar year.	766

The license issued pursuant to this division shall consist of	767
a windshield decal to be designed by the director of public	768
safety.	769

Every person registering a truck under this division shall	770
furnish an affidavit certifying that the truck licensed to the	771
person is to be used exclusively for the purposes specified in	772
this division.	773

(L) Every person registering a motor vehicle as a	774
noncommercial motor vehicle as defined in section 4501.01 of the	775
Revised Code, or registering a trailer as a noncommercial trailer	776
as defined in that section, shall furnish an affidavit certifying	777
that the motor vehicle or trailer so licensed to the person is to	778
be so used as to meet the requirements necessary for the	779
noncommercial vehicle classification.	780

(M) Every person registering a van or bus as provided in	781
divisions (F)(2) and (3) of this section shall furnish a notarized	782
statement certifying that the van or bus licensed to the person is	783
to be used for the purposes specified in those divisions. The form	784
of the license plate issued for such motor vehicles shall be	785
prescribed by the registrar.	786

(N) Every person registering as a passenger car a motor	787
vehicle designed and used for carrying more than nine but not more	788
than fifteen passengers, and every person registering a bus as	789
provided in division (G) of this section, shall furnish an	790
affidavit certifying that the vehicle so licensed to the person is	791
to be used in a ridesharing arrangement and that the person will	792
have in effect whenever the vehicle is used in a ridesharing	793
arrangement a policy of liability insurance with respect to the	794
motor vehicle in amounts and coverages no less than those required	795
by section 4509.79 of the Revised Code. The form of the license	796
plate issued for such a motor vehicle shall be prescribed by the	797
registrar.	798

(O)(1) Commencing on October 1, 2009, if an application for	799
registration renewal is not applied for prior to the expiration	800
date of the registration or within seven days after that date, the	801
registrar or deputy registrar shall collect a fee of twenty	802
dollars for the issuance of the vehicle registration. For any	803
motor vehicle that is used on a seasonal basis, whether used for	804
general transportation or not, and that has not been used on the	805
public roads or highways since the expiration of the registration,	806
the registrar or deputy registrar shall waive the fee established	807
under this division if the application is accompanied by	808
supporting evidence of seasonal use as the registrar may require.	809
The registrar or deputy registrar may waive the fee for other good	810
cause shown if the application is accompanied by supporting	811
evidence as the registrar may require. The fee shall be in	812
addition to all other fees established by this section. A deputy	813
registrar shall retain fifty cents of the fee and shall transmit	814
the remaining amount to the registrar at the time and in the	815
manner provided by section 4503.10 of the Revised Code. The	816
registrar shall deposit all moneys received under this division	817
into the state highway safety fund established in section 4501.06	818
of the Revised Code.	819

(2) Division (O)(1) of this section does not apply to a farm	820
truck or farm bus registered under division (J) of this section.	821

(P) As used in this section:

822

(1) "Van" means any motor vehicle having a single rear axle	823
and an enclosed body without a second seat.	824

(2) "Handicapped person" means any person who has lost the	825
use of one or both legs, or one or both arms, or is blind, deaf,	826
or so severely disabled as to be unable to move about without the	827
aid of crutches or a wheelchair.	828

(3) "Farm truck" means a truck used in the transportation	829
from the farm of products of the farm, including livestock and its	830
products, poultry and its products, floricultural and	831
horticultural products, and in the transportation to the farm of	832
supplies for the farm, including tile, fence, and every other	833
thing or commodity used in agricultural, floricultural,	834
horticultural, livestock, and poultry production and livestock,	835
poultry, and other animals and things used for breeding, feeding,	836
or other purposes connected with the operation of the farm.	837

(4) "Farm bus" means a bus used only for the transportation	838
of agricultural employees and used only in the transportation of	839
such employees as are necessary in the operation of the farm.	840

(5) "Farm supplies" includes fuel used exclusively in the	841
operation of a farm, including one or more homes located on and	842
used in the operation of one or more farms, and furniture and	843
other things used in and around such homes.	844

Sec. 4503.21.  (A) No person who is the owner or operator of	845
a motor vehicle shall fail to display in plain view on the front	846
and rear of the motor vehicle the distinctive number and	847
registration mark, including any county identification sticker and	848
any validation sticker issued under sections 4503.19 and 4503.191	849
of the Revised Code, furnished by the director of public safety,	850
except that a manufacturer of motor vehicles or dealer therein,	851
the holder of an in transit permit, and the owner or operator of a	852
motorcycle, motorized bicycle or moped, motor-driven cycle or	853
motor scooter, cab-enclosed motorcycle, manufactured home, mobile	854
home, trailer, or semitrailer shall display on the rear only. A	855
motor vehicle that is issued two license plates shall display the	856
validation sticker only on the rear license plate, except that a	857
commercial tractor that does not receive an apportioned license	858
plate under the international registration plan shall display the	859
validation sticker on the front of the commercial tractor. An	860
apportioned vehicle receiving an apportioned license plate under	861
the international registration plan shall display the license	862
plate only on the front of a commercial tractor and on the rear of	863
all other vehicles. All license plates shall be securely fastened	864
so as not to swing, and shall not be covered by any material that	865
obstructs their visibility.	866

No person to whom a temporary license placard or windshield	867
sticker has been issued for the use of a motor vehicle under	868
section 4503.182 of the Revised Code, and no operator of that	869
motor vehicle, shall fail to display the temporary license placard	870
in plain view from the rear of the vehicle either in the rear	871
window or on an external rear surface of the motor vehicle, or	872
fail to display the windshield sticker in plain view on the rear	873
window of the motor vehicle. No temporary license placard or	874
windshield sticker shall be covered by any material that obstructs	875
its visibility.	876

(B) Whoever violates this section is guilty of a minor	877
misdemeanor.	878

Sec. 4503.22.  The identification license plate shall consist	879
of a placard upon the face of which shall appear the distinctive	880
number assigned to the motor vehicle as provided in section	881
4503.19 of the Revised Code, in Arabic numerals or letters, or	882
both. The dimensions of the numerals or letters and of each stroke	883
shall be determined by the director of public safety. The license	884
placard also shall contain the name of this state and the slogan	885
"BIRTHPLACE OF AVIATION." The placard shall be made of steel and	886
the background shall be treated with a reflective material that	887
shall provide effective and dependable reflective brightness	888
during the service period required of the placard. Specifications	889
for the reflective and other materials and the design of the	890
placard, the county identification stickers as provided by section	891
4503.19 of the Revised Code, and validation stickers as provided	892
by section 4503.191 of the Revised Code, shall be adopted by the	893
director as rules under sections 119.01 to 119.13 of the Revised	894
Code. The identification license plate of motorized bicycles or	895
mopeds, motor-driven cycles or motor scooters, cab-enclosed	896
motorcycles, and of motor vehicles of the type commonly called	897
"motorcycles" shall consist of a single placard, the size of which	898
shall be prescribed by the director. The identification plate of a	899
vehicle registered in accordance with the international	900
registration plan shall contain the word "apportioned." The	901
director may prescribe the type of placard, or means of fastening	902
the placard, or both; the placard or means of fastening may be so	903
designed and constructed as to render difficult the removal of the	904
placard after it has been fastened to a motor vehicle.	905

Sec. 4503.544.  (A) Any person who is a retired or honorably	906
discharged veteran of any branch of the armed forces of the United	907
States may apply to the registrar of motor vehicles for the	908
registration of any motorcycle, motorized bicycle or moped,	909
motor-driven cycle or motor scooter, or cab-enclosed motorcycle	910
that the person owns or leases. The application shall be	911
accompanied by written evidence that the applicant is a retired or	912
honorably discharged veteran of a branch of the armed forces of	913
the United States that the registrar shall require by rule.	914

Upon receipt of an application for registration of a	915
motorcycle under this section, presentation of satisfactory	916
evidence documenting that the applicant is a retired or honorably	917
discharged veteran of a branch of the armed forces of the United	918
States, and payment of the regular motorcycleapplicable license	919
fee prescribed in section 4503.04 of the Revised Code and any	920
local motor vehicle license tax levied under Chapter 4504. of the	921
Revised Code, the registrar shall issue to the applicant the	922
appropriate motor vehicle registration and a license plate and a	923
validation sticker or a validation sticker alone when required by	924
section 4503.191 of the Revised Code.	925

(B) License plates issued under this section shall be	926
inscribed with the letters and numbers ordinarily inscribed on	927
motorcycle license plates, except that the registrar shall provide	928
for one of the following:	929

(1) The license plates to contain an inscription or symbol	930
representing veterans of the armed forces of the United States;	931

(2) The plates to include the word "veteran" or "vet";

932

(3) The plates to be designed to display a sticker bearing	933
the word "veteran."	934

(C) Sections 4503.77 and 4503.78 of the Revised Code do not	935
apply to license plates issued under this section.	936

Sec. 4507.01.  (A) As used in this chapter, "motor vehicle,"	937
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	938
and "highways" have the same meanings as in section 4501.01 of the	939
Revised Code.	940

"Driver's license" means a class D license issued to any	941
person to operate a motor vehicle or motor-driven cycle, other	942
than a commercial motor vehicle, and includes "probationary	943
license," "restricted license," and any operator's or chauffeur's	944
license issued before January 1, 1990.	945

"Probationary license" means the license issued to any person	946
between sixteen and eighteen years of age to operate a motor	947
vehicle.	948

"Restricted license" means the license issued to any person	949
to operate a motor vehicle subject to conditions or restrictions	950
imposed by the registrar of motor vehicles.	951

"Commercial driver's license" means the license issued to a	952
person under Chapter 4506. of the Revised Code to operate a	953
commercial motor vehicle.	954

"Commercial motor vehicle" has the same meaning as in section	955
4506.01 of the Revised Code.	956

"Motorcycle operator's temporary instruction permit, license,	957
or endorsement" includes a temporary instruction permit, license,	958
or endorsement for a motor-driven cycle or motor scooter unless	959
otherwise specified.	960

"Motorized bicycle license" means the license issued under	961
section 4511.521 of the Revised Code to any person to operate a	962
motorized bicycle including a "probationary motorized bicycle	963
license."	964

"Probationary motorized bicycle license" means the license	965
issued under section 4511.521 of the Revised Code to any person	966
between fourteen and sixteen years of age to operate a motorized	967
bicycle.	968

"Identification card" means a card issued under sections	969
4507.50 and 4507.51 of the Revised Code.	970

"Resident" means a person who, in accordance with standards	971
prescribed in rules adopted by the registrar, resides in this	972
state on a permanent basis.	973

"Temporary resident" means a person who, in accordance with	974
standards prescribed in rules adopted by the registrar, resides in	975
this state on a temporary basis.	976

(B) In the administration of this chapter and Chapter 4506.	977
of the Revised Code, the registrar has the same authority as is	978
conferred on the registrar by section 4501.02 of the Revised Code.	979
Any act of an authorized deputy registrar of motor vehicles under	980
direction of the registrar is deemed the act of the registrar.	981

To carry out this chapter, the registrar shall appoint such	982
deputy registrars in each county as are necessary.	983

The registrar also shall provide at each place where an	984
application for a driver's or commercial driver's license or	985
identification card may be made the necessary equipment to take a	986
color photograph of the applicant for such license or card as	987
required under section 4506.11 or 4507.06 of the Revised Code, and	988
to conduct the vision screenings required by section 4507.12 of	989
the Revised Code, and equipment to laminate licenses, motorized	990
bicycle licenses, and identification cards as required by sections	991
4507.13, 4507.52, and 4511.521 of the Revised Code.	992

The registrar shall assign one or more deputy registrars to	993
any driver's license examining station operated under the	994
supervision of the director of public safety, whenever the	995
registrar considers such assignment possible. Space shall be	996
provided in the driver's license examining station for any such	997
deputy registrar so assigned. The deputy registrars shall not	998
exercise the powers conferred by such sections upon the registrar,	999
unless they are specifically authorized to exercise such powers by	1000
such sections.	1001

(C) No agent for any insurance company, writing automobile	1002
insurance, shall be appointed deputy registrar, and any such	1003
appointment is void. No deputy registrar shall in any manner	1004
solicit any form of automobile insurance, nor in any manner	1005
advise, suggest, or influence any licensee or applicant for	1006
license for or against any kind or type of automobile insurance,	1007
insurance company, or agent, nor have the deputy registrar's	1008
office directly connected with the office of any automobile	1009
insurance agent, nor impart any information furnished by any	1010
applicant for a license or identification card to any person,	1011
except the registrar. This division shall not apply to any	1012
nonprofit corporation appointed deputy registrar.	1013

(D) The registrar shall immediately remove a deputy registrar	1014
who violates the requirements of this chapter.	1015

(E) The registrar shall periodically solicit bids and enter	1016
into a contract for the provision of laminating equipment and	1017
laminating materials to the registrar and all deputy registrars.	1018
The registrar shall not consider any bid that does not provide for	1019
the supplying of both laminating equipment and laminating	1020
materials. The laminating materials selected shall contain a	1021
security feature so that any tampering with the laminating	1022
material covering a license or identification card is readily	1023
apparent. In soliciting bids and entering into a contract for the	1024
provision of laminating equipment and laminating materials, the	1025
registrar shall observe all procedures required by law.	1026

Sec. 4507.05.  (A) The registrar of motor vehicles, or a	1027
deputy registrar, upon receiving an application for a temporary	1028
instruction permit and a temporary instruction permit	1029
identification card for a driver's license from any person who is	1030
at least fifteen years six months of age, may issue such a permit	1031
and identification card entitling the applicant to drive a motor	1032
vehicle, other than a commercial motor vehicle, upon the highways	1033
under the following conditions:	1034

(1) If the permit is issued to a person who is at least	1035
fifteen years six months of age, but less than sixteen years of	1036
age:	1037

(a) The permit and identification card are in the holder's	1038
immediate possession;	1039

(b) The holder is accompanied by an eligible adult who	1040
actually occupies the seat beside the permit holder and does not	1041
have a prohibited concentration of alcohol in the whole blood,	1042
blood serum or plasma, breath, or urine as provided in division	1043
(A) of section 4511.19 of the Revised Code;	1044

(c) The total number of occupants of the vehicle does not	1045
exceed the total number of occupant restraining devices originally	1046
installed in the motor vehicle by its manufacturer, and each	1047
occupant of the vehicle is wearing all of the available elements	1048
of a properly adjusted occupant restraining device.	1049

(2) If the permit is issued to a person who is at least	1050
sixteen years of age:	1051

(a) The permit and identification card are in the holder's	1052
immediate possession;	1053

(b) The holder is accompanied by a licensed operator who is	1054
at least twenty-one years of age, is actually occupying a seat	1055
beside the driver, and does not have a prohibited concentration of	1056
alcohol in the whole blood, blood serum or plasma, breath, or	1057
urine as provided in division (A) of section 4511.19 of the	1058
Revised Code;	1059

(c) The total number of occupants of the vehicle does not	1060
exceed the total number of occupant restraining devices originally	1061
installed in the motor vehicle by its manufacturer, and each	1062
occupant of the vehicle is wearing all of the available elements	1063
of a properly adjusted occupant restraining device.	1064

(B) The registrar or a deputy registrar, upon receiving from	1065
any person an application for a temporary instruction permit and	1066
temporary instruction permit identification card to operate a	1067
motorcycle, motor-driven cycle or motor scooter, or motorized	1068
bicycle, may issue such a permit and identification card entitling	1069
the applicant, while having the permit and identification card in	1070
the applicant's immediate possession, to drive a motorcycle or	1071
motor-driven cycle or motor scooter, under the restrictions	1072
prescribed in section 4511.53 of the Revised Code, or to drive a	1073
motorized bicycle under restrictions determined by the registrar.	1074
A temporary instruction permit and temporary instruction permit	1075
identification card to operate a motorized bicycle may be issued	1076
to a person fourteen or fifteen years old.	1077

(C) Any permit and identification card issued under this	1078
section shall be issued in the same manner as a driver's license,	1079
upon a form to be furnished by the registrar. A temporary	1080
instruction permit to drive a motor vehicle other than a	1081
commercial motor vehicle shall be valid for a period of one year.	1082

(D) Any person having in the person's possession a valid and	1083
current driver's license or motorcycle operator's license or	1084
endorsement issued to the person by another jurisdiction	1085
recognized by this state is exempt from obtaining a temporary	1086
instruction permit for a driver's license, but shall submit to the	1087
regular examination in obtaining a driver's license or motorcycle	1088
operator's endorsement in this state.	1089

(E) The registrar may adopt rules governing the use of	1090
temporary instruction permits and temporary instruction permit	1091
identification cards.	1092

(F)(1) No holder of a permit issued under division (A) of	1093
this section shall operate a motor vehicle upon a highway or any	1094
public or private property used by the public for purposes of	1095
vehicular travel or parking in violation of the conditions	1096
established under division (A) of this section.	1097

(2) Except as provided in division (F)(2) of this section, no	1098
holder of a permit that is issued under division (A) of this	1099
section and that is issued on or after July 1, 1998, and who has	1100
not attained the age of eighteen years, shall operate a motor	1101
vehicle upon a highway or any public or private property used by	1102
the public for purposes of vehicular travel or parking between the	1103
hours of midnight and six a.m.	1104

The holder of a permit issued under division (A) of this	1105
section on or after July 1, 1998, who has not attained the age of	1106
eighteen years, may operate a motor vehicle upon a highway or any	1107
public or private property used by the public for purposes of	1108
vehicular travel or parking between the hours of midnight and six	1109
a.m. if, at the time of such operation, the holder is accompanied	1110
by the holder's parent, guardian, or custodian, and the parent,	1111
guardian, or custodian holds a current valid driver's or	1112
commercial driver's license issued by this state, is actually	1113
occupying a seat beside the permit holder, and does not have a	1114
prohibited concentration of alcohol in the whole blood, blood	1115
serum or plasma, breath, or urine as provided in division (A) of	1116
section 4511.19 of the Revised Code.	1117

(G)(1) Notwithstanding any other provision of law to the	1118
contrary, no law enforcement officer shall cause the operator of a	1119
motor vehicle being operated on any street or highway to stop the	1120
motor vehicle for the sole purpose of determining whether each	1121
occupant of the motor vehicle is wearing all of the available	1122
elements of a properly adjusted occupant restraining device as	1123
required by division (A) of this section, or for the sole purpose	1124
of issuing a ticket, citation, or summons if the requirement in	1125
that division has been or is being violated, or for causing the	1126
arrest of or commencing a prosecution of a person for a violation	1127
of that requirement.	1128

(2) Notwithstanding any other provision of law to the	1129
contrary, no law enforcement officer shall cause the operator of a	1130
motor vehicle being operated on any street or highway to stop the	1131
motor vehicle for the sole purpose of determining whether a	1132
violation of division (F)(2) of this section has been or is being	1133
committed or for the sole purpose of issuing a ticket, citation,	1134
or summons for such a violation or for causing the arrest of or	1135
commencing a prosecution of a person for such violation.	1136

(H) As used in this section:

1137

(1) "Eligible adult" means any of the following:

1138

(a) An instructor of a driver training course approved by the	1139
department of public safety;	1140

(b) Any of the following persons who holds a current valid	1141
driver's or commercial driver's license issued by this state:	1142

(i) A parent, guardian, or custodian of the permit holder;

1143

(ii) A person twenty-one years of age or older who acts in	1144
loco parentis of the permit holder.	1145

(2) "Occupant restraining device" has the same meaning as in	1146
section 4513.263 of the Revised Code.	1147

(I) Whoever violates division (F)(1) or (2) of this section	1148
is guilty of a minor misdemeanor.	1149

Sec. 4507.06.  (A)(1) Every application for a driver's	1150
license or, motorcycle operator's license or endorsement, or	1151
motor-driven cycle or motor scooter license or endorsement, or	1152
duplicate of any such license or endorsement, shall be made upon	1153
the approved form furnished by the registrar of motor vehicles and	1154
shall be signed by the applicant.	1155

Every application shall state the following:

1156

(a) The applicant's name, date of birth, social security	1157
number if such has been assigned, sex, general description,	1158
including height, weight, color of hair, and eyes, residence	1159
address, including county of residence, duration of residence in	1160
this state, and country of citizenship;	1161

(b) Whether the applicant previously has been licensed as an	1162
operator, chauffeur, driver, commercial driver, or motorcycle	1163
operator and, if so, when, by what state, and whether such license	1164
is suspended or canceled at the present time and, if so, the date	1165
of and reason for the suspension or cancellation;	1166

(c) Whether the applicant is now or ever has been afflicted	1167
with epilepsy, or whether the applicant now is suffering from any	1168
physical or mental disability or disease and, if so, the nature	1169
and extent of the disability or disease, giving the names and	1170
addresses of physicians then or previously in attendance upon the	1171
applicant;	1172

(d) Whether an applicant for a duplicate driver's license, or	1173
duplicate license containing a motorcycle operator endorsement, or	1174
duplicate license containing a motor-driven cycle or motor scooter	1175
endorsement has pending a citation for violation of any motor	1176
vehicle law or ordinance, a description of any such citation	1177
pending, and the date of the citation;	1178

(e) Whether the applicant wishes to certify willingness to	1179
make an anatomical gift under section 2108.05 of the Revised Code,	1180
which shall be given no consideration in the issuance of a license	1181
or endorsement;	1182

(f) Whether the applicant has executed a valid durable power	1183
of attorney for health care pursuant to sections 1337.11 to	1184
1337.17 of the Revised Code or has executed a declaration	1185
governing the use or continuation, or the withholding or	1186
withdrawal, of life-sustaining treatment pursuant to sections	1187
2133.01 to 2133.15 of the Revised Code and, if the applicant has	1188
executed either type of instrument, whether the applicant wishes	1189
the applicant's license to indicate that the applicant has	1190
executed the instrument;	1191

(g) On and after October 7, 2009, whether the applicant is a	1192
veteran, active duty, or reservist of the armed forces of the	1193
United States and, if the applicant is such, whether the applicant	1194
wishes the applicant's license to indicate that the applicant is a	1195
veteran, active duty, or reservist of the armed forces of the	1196
United States by a military designation on the license.	1197

(2) Every applicant for a driver's license shall be	1198
photographed in color at the time the application for the license	1199
is made. The application shall state any additional information	1200
that the registrar requires.	1201

(B) The registrar or a deputy registrar, in accordance with	1202
section 3503.11 of the Revised Code, shall register as an elector	1203
any person who applies for a driver's license or motorcycle	1204
operator's license or endorsement under division (A) of this	1205
section, or for a renewal or duplicate of the license or	1206
endorsement, if the applicant is eligible and wishes to be	1207
registered as an elector. The decision of an applicant whether to	1208
register as an elector shall be given no consideration in the	1209
decision of whether to issue the applicant a license or	1210
endorsement, or a renewal or duplicate.	1211

(C) The registrar or a deputy registrar, in accordance with	1212
section 3503.11 of the Revised Code, shall offer the opportunity	1213
of completing a notice of change of residence or change of name to	1214
any applicant for a driver's license or endorsement under division	1215
(A) of this section, or for a renewal or duplicate of the license	1216
or endorsement, if the applicant is a registered elector who has	1217
changed the applicant's residence or name and has not filed such a	1218
notice.	1219

(D) In addition to any other information it contains, on and	1220
after October 7, 2009, the approved form furnished by the	1221
registrar of motor vehicles for an application for a driver's	1222
license or motorcycle operator's license or endorsement or an	1223
application for a duplicate of any such license or endorsement	1224
shall inform applicants that the applicant must present a copy of	1225
the applicant's DD-214 or an equivalent document in order to	1226
qualify to have the license or duplicate indicate that the	1227
applicant is a veteran, active duty, or reservist of the armed	1228
forces of the United States based on a request made pursuant to	1229
division (A)(1)(g) of this section.	1230

Sec. 4507.11.  (A) The registrar of motor vehicles shall	1231
conduct all necessary examinations of applicants for temporary	1232
instruction permits, drivers' licenses, or motorcycle operators'	1233
endorsements, or motor-driven cycle or motor scooter endorsements.	1234
The examination shall include a test of the applicant's knowledge	1235
of motor vehicle laws, including the laws on stopping for school	1236
buses, a test of the applicant's physical fitness to drive, and a	1237
test of the applicant's ability to understand highway traffic	1238
control devices. The examination may be conducted in such a manner	1239
that applicants who are illiterate or limited in their knowledge	1240
of the English language may be tested by methods that would	1241
indicate to the examining officer that the applicant has a	1242
reasonable knowledge of motor vehicle laws and understands highway	1243
traffic control devices. An applicant for a driver's license shall	1244
give an actual demonstration of the ability to exercise ordinary	1245
and reasonable control in the operation of a motor vehicle by	1246
driving the same under the supervision of an examining officer;	1247
however, no applicant for a driver's license shall use a low-speed	1248
or under-speed vehicle or a mini-truck for the purpose of	1249
demonstrating ability to exercise ordinary and reasonable control	1250
over a vehicle. Except as provided in division (B) of this	1251
section, an applicant for a motorcycle operator's endorsement or a	1252
restricted license that permits only the operation of a motorcycle	1253
shall give an actual demonstration of the ability to exercise	1254
ordinary and reasonable control in the operation of a motorcycle	1255
by driving the same under the supervision of an examining officer;	1256
however, no applicant for such an endorsement or restricted	1257
license shall use a motor-driven cycle or motor scooter for the	1258
purpose of demonstrating ability to exercise ordinary and	1259
reasonable control in the operation of a motorcycle. Except as	1260
provided in division (B) of this section, an applicant for a	1261
motor-driven cycle or motor scooter operator's endorsement or a	1262
restricted license that permits only the operation of a	1263
motor-driven cycle or motor scooter shall give an actual	1264
demonstration of the ability to exercise ordinary and reasonable	1265
control in the operation of a motor-driven cycle or motor scooter	1266
by driving a motor-driven cycle or motor scooter under the	1267
supervision of an examining officer. Except as provided in section	1268
4507.12 of the Revised Code, the registrar shall designate the	1269
highway patrol, any law enforcement body, or any other employee of	1270
the department of public safety to supervise and conduct	1271
examinations for temporary instruction permits, drivers' licenses,	1272
and motorcycle operators' endorsements and shall provide the	1273
necessary rules and forms to properly conduct the examinations.	1274
The records of the examinations, together with the application for	1275
a temporary instruction permit, driver's license, or motorcycle	1276
operator's endorsement, shall be forwarded to the registrar by the	1277
deputy registrar, and, if in the opinion of the registrar the	1278
applicant is qualified to operate a motor vehicle, the registrar	1279
shall issue the permit, license, or endorsement.	1280

The registrar may authorize the highway patrol, other	1281
designated law enforcement body, or other designated employee of	1282
the department of public safety to issue an examiner's driving	1283
permit to an applicant who has passed the required examination,	1284
authorizing that applicant to operate a motor vehicle while the	1285
registrar is completing an investigation relative to that	1286
applicant's qualifications to receive a temporary instruction	1287
permit, driver's license, or motorcycle operator's endorsement.	1288
The examiner's driving permit shall be in the immediate possession	1289
of the applicant while operating a motor vehicle and shall be	1290
effective until final action and notification has been given by	1291
the registrar, but in no event longer than sixty days from its	1292
date of issuance.	1293

(B)(1) An applicant for a motorcycle operator's endorsement	1294
or a restricted license that permits only the operation of a	1295
motorcycle who presents to the registrar of motor vehicles or a	1296
deputy registrar a form approved by the director of public safety	1297
attesting to the applicant's successful completion within the	1298
preceding sixty days of a course of basic instruction provided by	1299
the motorcycle safety and education program approved by the	1300
director pursuant to section 4508.08 of the Revised Code shall not	1301
be required to give an actual demonstration of the ability to	1302
operate a motorcycle by driving a motorcycle under the supervision	1303
of an examining officer, as described in division (A) of this	1304
section. An applicant for a motor-driven cycle or motor scooter	1305
operator's endorsement or a restricted license that permits only	1306
the operation of a motor-driven cycle or motor scooter who	1307
presents to the registrar of motor vehicles or a deputy registrar	1308
a form approved by the director of public safety attesting to the	1309
applicant's successful completion within the preceding sixty days	1310
of a course of basic instruction provided by the motorcycle safety	1311
and education program approved by the director pursuant to section	1312
4508.08 of the Revised Code shall not be required to give an	1313
actual demonstration of the ability to operate a motor-driven	1314
cycle or motor scooter by driving a motor-driven cycle or motor	1315
scooter under the supervision of an examining officer, as	1316
described in division (A) of this section. Upon presentation of	1317
the form described in division (B)(1) of this section and	1318
compliance with all other requirements relating to the issuance of	1319
a motorcycle operator's endorsement or a restricted license that	1320
permits only the operation of a motorcycle, the registrar or	1321
deputy registrar shall issue to the applicant the endorsement or	1322
restricted license, as the case may be.	1323

(2) A person who has not attained eighteen years of age and	1324
presents an application for a motorcycle operator's endorsement or	1325
a restricted license under division (B)(1) of this section also	1326
shall comply with the requirements of section 4507.21 of the	1327
Revised Code.	1328

(C) A person who holds a valid motorcycle endorsement or	1329
restricted license that permits only the operation of a motorcycle	1330
may operate a motor-driven cycle or motor scooter with that	1331
endorsement or restricted license.	1332

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	1333
of the Revised Code:	1334

(A) "Vehicle" means every device, including a motorized	1335
bicycle, in, upon, or by which any person or property may be	1336
transported or drawn upon a highway, except that "vehicle" does	1337
not include any motorized wheelchair, any electric personal	1338
assistive mobility device, any device that is moved by power	1339
collected from overhead electric trolley wires or that is used	1340
exclusively upon stationary rails or tracks, or any device, other	1341
than a bicycle, that is moved by human power.	1342

(B) "Motor vehicle" means every vehicle propelled or drawn by	1343
power other than muscular power or power collected from overhead	1344
electric trolley wires, except motorized bicycles, road rollers,	1345
traction engines, power shovels, power cranes, and other equipment	1346
used in construction work and not designed for or employed in	1347
general highway transportation, hole-digging machinery,	1348
well-drilling machinery, ditch-digging machinery, farm machinery,	1349
and trailers designed and used exclusively to transport a boat	1350
between a place of storage and a marina, or in and around a	1351
marina, when drawn or towed on a street or highway for a distance	1352
of no more than ten miles and at a speed of twenty-five miles per	1353
hour or less.	1354

(C) "Motorcycle" means every motor vehicle, other than a	1355
tractor, having a seat or saddle for the use of the operator and	1356
designed to travel on not more than three wheels in contact with	1357
the ground, including, but not limited to, motor vehicles known as	1358
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"	1359
or "motorcycle" without regard to weight or brake horsepower.	1360

(D) "Emergency vehicle" means emergency vehicles of	1361
municipal, township, or county departments or public utility	1362
corporations when identified as such as required by law, the	1363
director of public safety, or local authorities, and motor	1364
vehicles when commandeered by a police officer.	1365

(E) "Public safety vehicle" means any of the following:

1366

(1) Ambulances, including private ambulance companies under	1367
contract to a municipal corporation, township, or county, and	1368
private ambulances and nontransport vehicles bearing license	1369
plates issued under section 4503.49 of the Revised Code;	1370

(2) Motor vehicles used by public law enforcement officers or	1371
other persons sworn to enforce the criminal and traffic laws of	1372
the state;	1373

(3) Any motor vehicle when properly identified as required by	1374
the director of public safety, when used in response to fire	1375
emergency calls or to provide emergency medical service to ill or	1376
injured persons, and when operated by a duly qualified person who	1377
is a member of a volunteer rescue service or a volunteer fire	1378
department, and who is on duty pursuant to the rules or directives	1379
of that service. The state fire marshal shall be designated by the	1380
director of public safety as the certifying agency for all public	1381
safety vehicles described in division (E)(3) of this section.	1382

(4) Vehicles used by fire departments, including motor	1383
vehicles when used by volunteer fire fighters responding to	1384
emergency calls in the fire department service when identified as	1385
required by the director of public safety.	1386

Any vehicle used to transport or provide emergency medical	1387
service to an ill or injured person, when certified as a public	1388
safety vehicle, shall be considered a public safety vehicle when	1389
transporting an ill or injured person to a hospital regardless of	1390
whether such vehicle has already passed a hospital.	1391

(5) Vehicles used by the motor carrier enforcement unit for	1392
the enforcement of orders and rules of the public utilities	1393
commission as specified in section 5503.34 of the Revised Code.	1394

(F) "School bus" means every bus designed for carrying more	1395
than nine passengers that is owned by a public, private, or	1396
governmental agency or institution of learning and operated for	1397
the transportation of children to or from a school session or a	1398
school function, or owned by a private person and operated for	1399
compensation for the transportation of children to or from a	1400
school session or a school function, provided "school bus" does	1401
not include a bus operated by a municipally owned transportation	1402
system, a mass transit company operating exclusively within the	1403
territorial limits of a municipal corporation, or within such	1404
limits and the territorial limits of municipal corporations	1405
immediately contiguous to such municipal corporation, nor a common	1406
passenger carrier certified by the public utilities commission	1407
unless such bus is devoted exclusively to the transportation of	1408
children to and from a school session or a school function, and	1409
"school bus" does not include a van or bus used by a licensed	1410
child day-care center or type A family day-care home to transport	1411
children from the child day-care center or type A family day-care	1412
home to a school if the van or bus does not have more than fifteen	1413
children in the van or bus at any time.	1414

(G) "Bicycle" means every device, other than a tricycle	1415
designed solely for use as a play vehicle by a child, propelled	1416
solely by human power upon which any person may ride having two	1417
tandem wheels, or one wheel in the front and two wheels in the	1418
rear, or two wheels in the front and one wheel in the rear, any of	1419
which is more than fourteen inches in diameter.	1420

(H) "Motorized bicycle" or "moped" means any vehicle having	1421
either two tandem wheels or one wheel in the front and two wheels	1422
in the rear, that is capable of beingmay be pedaled, and that is	1423
equipped with a helper motor of not more than fifty cubic	1424
centimeters piston displacement that produces no more than one	1425
brake horsepower and is capable of propelling the vehicle at a	1426
speed of no greater than twenty miles per hour on a level surface.	1427

(I) "Commercial tractor" means every motor vehicle having	1428
motive power designed or used for drawing other vehicles and not	1429
so constructed as to carry any load thereon, or designed or used	1430
for drawing other vehicles while carrying a portion of such other	1431
vehicles, or load thereon, or both.	1432

(J) "Agricultural tractor" means every self-propelling	1433
vehicle designed or used for drawing other vehicles or wheeled	1434
machinery but having no provision for carrying loads independently	1435
of such other vehicles, and used principally for agricultural	1436
purposes.	1437

(K) "Truck" means every motor vehicle, except trailers and	1438
semitrailers, designed and used to carry property.	1439

(L) "Bus" means every motor vehicle designed for carrying	1440
more than nine passengers and used for the transportation of	1441
persons other than in a ridesharing arrangement, and every motor	1442
vehicle, automobile for hire, or funeral car, other than a taxicab	1443
or motor vehicle used in a ridesharing arrangement, designed and	1444
used for the transportation of persons for compensation.	1445

(M) "Trailer" means every vehicle designed or used for	1446
carrying persons or property wholly on its own structure and for	1447
being drawn by a motor vehicle, including any such vehicle when	1448
formed by or operated as a combination of a "semitrailer" and a	1449
vehicle of the dolly type, such as that commonly known as a	1450
"trailer dolly," a vehicle used to transport agricultural produce	1451
or agricultural production materials between a local place of	1452
storage or supply and the farm when drawn or towed on a street or	1453
highway at a speed greater than twenty-five miles per hour, and a	1454
vehicle designed and used exclusively to transport a boat between	1455
a place of storage and a marina, or in and around a marina, when	1456
drawn or towed on a street or highway for a distance of more than	1457
ten miles or at a speed of more than twenty-five miles per hour.	1458

(N) "Semitrailer" means every vehicle designed or used for	1459
carrying persons or property with another and separate motor	1460
vehicle so that in operation a part of its own weight or that of	1461
its load, or both, rests upon and is carried by another vehicle.	1462

(O) "Pole trailer" means every trailer or semitrailer	1463
attached to the towing vehicle by means of a reach, pole, or by	1464
being boomed or otherwise secured to the towing vehicle, and	1465
ordinarily used for transporting long or irregular shaped loads	1466
such as poles, pipes, or structural members capable, generally, of	1467
sustaining themselves as beams between the supporting connections.	1468

(P) "Railroad" means a carrier of persons or property	1469
operating upon rails placed principally on a private right-of-way.	1470

(Q) "Railroad train" means a steam engine or an electric or	1471
other motor, with or without cars coupled thereto, operated by a	1472
railroad.	1473

(R) "Streetcar" means a car, other than a railroad train, for	1474
transporting persons or property, operated upon rails principally	1475
within a street or highway.	1476

(S) "Trackless trolley" means every car that collects its	1477
power from overhead electric trolley wires and that is not	1478
operated upon rails or tracks.	1479

(T) "Explosives" means any chemical compound or mechanical	1480
mixture that is intended for the purpose of producing an explosion	1481
that contains any oxidizing and combustible units or other	1482
ingredients in such proportions, quantities, or packing that an	1483
ignition by fire, by friction, by concussion, by percussion, or by	1484
a detonator of any part of the compound or mixture may cause such	1485
a sudden generation of highly heated gases that the resultant	1486
gaseous pressures are capable of producing destructive effects on	1487
contiguous objects, or of destroying life or limb. Manufactured	1488
articles shall not be held to be explosives when the individual	1489
units contain explosives in such limited quantities, of such	1490
nature, or in such packing, that it is impossible to procure a	1491
simultaneous or a destructive explosion of such units, to the	1492
injury of life, limb, or property by fire, by friction, by	1493
concussion, by percussion, or by a detonator, such as fixed	1494
ammunition for small arms, firecrackers, or safety fuse matches.	1495

(U) "Flammable liquid" means any liquid that has a flash	1496
point of seventy degrees fahrenheit, or less, as determined by a	1497
tagliabue or equivalent closed cup test device.	1498

(V) "Gross weight" means the weight of a vehicle plus the	1499
weight of any load thereon.	1500

(W) "Person" means every natural person, firm,	1501
co-partnership, association, or corporation.	1502

(X) "Pedestrian" means any natural person afoot.

1503

(Y) "Driver or operator" means every person who drives or is	1504
in actual physical control of a vehicle, trackless trolley, or	1505
streetcar.	1506

(Z) "Police officer" means every officer authorized to direct	1507
or regulate traffic, or to make arrests for violations of traffic	1508
regulations.	1509

(AA) "Local authorities" means every county, municipal, and	1510
other local board or body having authority to adopt police	1511
regulations under the constitution and laws of this state.	1512

(BB) "Street" or "highway" means the entire width between the	1513
boundary lines of every way open to the use of the public as a	1514
thoroughfare for purposes of vehicular travel.	1515

(CC) "Controlled-access highway" means every street or	1516
highway in respect to which owners or occupants of abutting lands	1517
and other persons have no legal right of access to or from the	1518
same except at such points only and in such manner as may be	1519
determined by the public authority having jurisdiction over such	1520
street or highway.	1521

(DD) "Private road or driveway" means every way or place in	1522
private ownership used for vehicular travel by the owner and those	1523
having express or implied permission from the owner but not by	1524
other persons.	1525

(EE) "Roadway" means that portion of a highway improved,	1526
designed, or ordinarily used for vehicular travel, except the berm	1527
or shoulder. If a highway includes two or more separate roadways	1528
the term "roadway" means any such roadway separately but not all	1529
such roadways collectively.	1530

(FF) "Sidewalk" means that portion of a street between the	1531
curb lines, or the lateral lines of a roadway, and the adjacent	1532
property lines, intended for the use of pedestrians.	1533

(GG) "Laned highway" means a highway the roadway of which is	1534
divided into two or more clearly marked lanes for vehicular	1535
traffic.	1536

(HH) "Through highway" means every street or highway as	1537
provided in section 4511.65 of the Revised Code.	1538

(II) "State highway" means a highway under the jurisdiction	1539
of the department of transportation, outside the limits of	1540
municipal corporations, provided that the authority conferred upon	1541
the director of transportation in section 5511.01 of the Revised	1542
Code to erect state highway route markers and signs directing	1543
traffic shall not be modified by sections 4511.01 to 4511.79 and	1544
4511.99 of the Revised Code.	1545

(JJ) "State route" means every highway that is designated	1546
with an official state route number and so marked.	1547

(KK) "Intersection" means:

1548

(1) The area embraced within the prolongation or connection	1549
of the lateral curb lines, or, if none, the lateral boundary lines	1550
of the roadways of two highways that join one another at, or	1551
approximately at, right angles, or the area within which vehicles	1552
traveling upon different highways that join at any other angle	1553
might come into conflict. The junction of an alley or driveway	1554
with a roadway or highway does not constitute an intersection	1555
unless the roadway or highway at the junction is controlled by a	1556
traffic control device.	1557

(2) If a highway includes two roadways that are thirty feet	1558
or more apart, then every crossing of each roadway of such divided	1559
highway by an intersecting highway constitutes a separate	1560
intersection. If both intersecting highways include two roadways	1561
thirty feet or more apart, then every crossing of any two roadways	1562
of such highways constitutes a separate intersection.	1563

(3) At a location controlled by a traffic control signal,	1564
regardless of the distance between the separate intersections as	1565
described in division (KK)(2) of this section:	1566

(a) If a stop line, yield line, or crosswalk has not been	1567
designated on the roadway within the median between the separate	1568
intersections, the two intersections and the roadway and median	1569
constitute one intersection.	1570

(b) Where a stop line, yield line, or crosswalk line is	1571
designated on the roadway on the intersection approach, the area	1572
within the crosswalk and any area beyond the designated stop line	1573
or yield line constitute part of the intersection.	1574

(c) Where a crosswalk is designated on a roadway on the	1575
departure from the intersection, the intersection includes the	1576
area that extends to the far side of the crosswalk.	1577

(LL) "Crosswalk" means:

1578

(1) That part of a roadway at intersections ordinarily	1579
included within the real or projected prolongation of property	1580
lines and curb lines or, in the absence of curbs, the edges of the	1581
traversable roadway;	1582

(2) Any portion of a roadway at an intersection or elsewhere,	1583
distinctly indicated for pedestrian crossing by lines or other	1584
markings on the surface;	1585

(3) Notwithstanding divisions (LL)(1) and (2) of this	1586
section, there shall not be a crosswalk where local authorities	1587
have placed signs indicating no crossing.	1588

(MM) "Safety zone" means the area or space officially set	1589
apart within a roadway for the exclusive use of pedestrians and	1590
protected or marked or indicated by adequate signs as to be	1591
plainly visible at all times.	1592

(NN) "Business district" means the territory fronting upon a	1593
street or highway, including the street or highway, between	1594
successive intersections within municipal corporations where fifty	1595
per cent or more of the frontage between such successive	1596
intersections is occupied by buildings in use for business, or	1597
within or outside municipal corporations where fifty per cent or	1598
more of the frontage for a distance of three hundred feet or more	1599
is occupied by buildings in use for business, and the character of	1600
such territory is indicated by official traffic control devices.	1601

(OO) "Residence district" means the territory, not comprising	1602
a business district, fronting on a street or highway, including	1603
the street or highway, where, for a distance of three hundred feet	1604
or more, the frontage is improved with residences or residences	1605
and buildings in use for business.	1606

(PP) "Urban district" means the territory contiguous to and	1607
including any street or highway which is built up with structures	1608
devoted to business, industry, or dwelling houses situated at	1609
intervals of less than one hundred feet for a distance of a	1610
quarter of a mile or more, and the character of such territory is	1611
indicated by official traffic control devices.	1612

(QQ) "Traffic control device" means a flagger, sign, signal,	1613
marking, or other device used to regulate, warn, or guide traffic,	1614
placed on, over, or adjacent to a street, highway, private road	1615
open to public travel, pedestrian facility, or shared-use path by	1616
authority of a public agency or official having jurisdiction, or,	1617
in the case of a private road open to public travel, by authority	1618
of the private owner or private official having jurisdiction.	1619

(RR) "Traffic control signal" means any highway traffic	1620
signal by which traffic is alternately directed to stop and	1621
permitted to proceed.	1622

(SS) "Railroad sign or signal" means any sign, signal, or	1623
device erected by authority of a public body or official or by a	1624
railroad and intended to give notice of the presence of railroad	1625
tracks or the approach of a railroad train.	1626

(TT) "Traffic" means pedestrians, ridden or herded animals,	1627
vehicles, streetcars, trackless trolleys, and other devices,	1628
either singly or together, while using for purposes of travel any	1629
highway or private road open to public travel.	1630

(UU) "Right-of-way" means either of the following, as the	1631
context requires:	1632

(1) The right of a vehicle, streetcar, trackless trolley, or	1633
pedestrian to proceed uninterruptedly in a lawful manner in the	1634
direction in which it or the individual is moving in preference to	1635
another vehicle, streetcar, trackless trolley, or pedestrian	1636
approaching from a different direction into its or the	1637
individual's path;	1638

(2) A general term denoting land, property, or the interest	1639
therein, usually in the configuration of a strip, acquired for or	1640
devoted to transportation purposes. When used in this context,	1641
right-of-way includes the roadway, shoulders or berm, ditch, and	1642
slopes extending to the right-of-way limits under the control of	1643
the state or local authority.	1644

(VV) "Rural mail delivery vehicle" means every vehicle used	1645
to deliver United States mail on a rural mail delivery route.	1646

(WW) "Funeral escort vehicle" means any motor vehicle,	1647
including a funeral hearse, while used to facilitate the movement	1648
of a funeral procession.	1649

(XX) "Alley" means a street or highway intended to provide	1650
access to the rear or side of lots or buildings in urban districts	1651
and not intended for the purpose of through vehicular traffic, and	1652
includes any street or highway that has been declared an "alley"	1653
by the legislative authority of the municipal corporation in which	1654
such street or highway is located.	1655

(YY) "Freeway" means a divided multi-lane highway for through	1656
traffic with all crossroads separated in grade and with full	1657
control of access.	1658

(ZZ) "Expressway" means a divided arterial highway for	1659
through traffic with full or partial control of access with an	1660
excess of fifty per cent of all crossroads separated in grade.	1661

(AAA) "Thruway" means a through highway whose entire roadway	1662
is reserved for through traffic and on which roadway parking is	1663
prohibited.	1664

(BBB) "Stop intersection" means any intersection at one or	1665
more entrances of which stop signs are erected.	1666

(CCC) "Arterial street" means any United States or state	1667
numbered route, controlled access highway, or other major radial	1668
or circumferential street or highway designated by local	1669
authorities within their respective jurisdictions as part of a	1670
major arterial system of streets or highways.	1671

(DDD) "Ridesharing arrangement" means the transportation of	1672
persons in a motor vehicle where such transportation is incidental	1673
to another purpose of a volunteer driver and includes ridesharing	1674
arrangements known as carpools, vanpools, and buspools.	1675

(EEE) "Motorized wheelchair" means any self-propelled vehicle	1676
designed for, and used by, a handicapped person and that is	1677
incapable of a speed in excess of eight miles per hour.	1678

(FFF) "Child day-care center" and "type A family day-care	1679
home" have the same meanings as in section 5104.01 of the Revised	1680
Code.	1681

(GGG) "Multi-wheel agricultural tractor" means a type of	1682
agricultural tractor that has two or more wheels or tires on each	1683
side of one axle at the rear of the tractor, is designed or used	1684
for drawing other vehicles or wheeled machinery, has no provision	1685
for carrying loads independently of the drawn vehicles or	1686
machinery, and is used principally for agricultural purposes.	1687

(HHH) "Operate" means to cause or have caused movement of a	1688
vehicle, streetcar, or trackless trolley.	1689

(III) "Predicate motor vehicle or traffic offense" means any	1690
of the following:	1691

(1) A violation of section 4511.03, 4511.051, 4511.12,	1692
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	1693
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,	1694
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,	1695
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,	1696
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,	1697
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,	1698
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,	1699
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,	1700
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,	1701
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised	1702
Code;	1703

(2) A violation of division (A)(2) of section 4511.17,	1704
divisions (A) to (D) of section 4511.51, or division (A) of	1705
section 4511.74 of the Revised Code;	1706

(3) A violation of any provision of sections 4511.01 to	1707
4511.76 of the Revised Code for which no penalty otherwise is	1708
provided in the section that contains the provision violated;	1709

(4) A violation of a municipal ordinance that is	1710
substantially similar to any section or provision set forth or	1711
described in division (III)(1), (2), or (3) of this section.	1712

(JJJ) "Road service vehicle" means wreckers, utility repair	1713
vehicles, and state, county, and municipal service vehicles	1714
equipped with visual signals by means of flashing, rotating, or	1715
oscillating lights.	1716

(KKK) "Beacon" means a highway traffic signal with one or	1717
more signal sections that operate in a flashing mode.	1718

(LLL) "Hybrid beacon" means a type of beacon that is	1719
intentionally placed in a dark mode between periods of operation	1720
where no indications are displayed and, when in operation,	1721
displays both steady and flashing traffic control signal	1722
indications.	1723

(MMM) "Highway traffic signal" means a power-operated traffic	1724
control device by which traffic is warned or directed to take some	1725
specific action. "Highway traffic signal" does not include a	1726
power-operated sign, steadily illuminated pavement marker, warning	1727
light, or steady burning electric lamp.	1728

(NNN) "Median" means the area between two roadways of a	1729
divided highway, measured from edge of traveled way to edge of	1730
traveled way, but excluding turn lanes. The width of a median may	1731
be different between intersections, between interchanges, and at	1732
opposite approaches of the same intersection.	1733

(OOO) "Private road open to public travel" means a private	1734
toll road or road, including any adjacent sidewalks that generally	1735
run parallel to the road, within a shopping center, airport,	1736
sports arena, or other similar business or recreation facility	1737
that is privately owned but where the public is allowed to travel	1738
without access restrictions. "Private road open to public travel"	1739
includes a gated toll road but does not include a road within a	1740
private gated property where access is restricted at all times, a	1741
parking area, a driving aisle within a parking area, or a private	1742
grade crossing.	1743

(PPP) "Shared-use path" means a bikeway outside the traveled	1744
way and physically separated from motorized vehicular traffic by	1745
an open space or barrier and either within the highway	1746
right-of-way or within an independent alignment. A shared-use path	1747
also may be used by pedestrians, including skaters, joggers, users	1748
of manual and motorized wheelchairs, and other authorized	1749
motorized and non-motorized users.	1750

Sec. 4511.214.  (A)(1) No person shall operate a low-speed	1751
vehicle upon any street or highway having an established speed	1752
limit greater than thirty-five miles per hour.	1753

(2) No person shall operate an under-speed or utility vehicle	1754
or a mini-truck upon any street or highway except as follows:	1755

(a) Upon a street or highway having an established speed	1756
limit not greater than thirty-five miles per hour and only upon	1757
such streets or highways where a local authority has granted	1758
permission for such operation in accordance with section 4511.215	1759
of the Revised Code;	1760

(b) A state park or political subdivision employee or	1761
volunteer operating a utility vehicle exclusively within the	1762
boundaries of state parks or political subdivision parks for the	1763
operation or maintenance of state or political subdivision park	1764
facilities.	1765

(3) No person shall operate a motor-driven cycle or motor	1766
scooter upon any street or highway having an established speed	1767
limit greater than forty-five miles per hour.	1768

(B) This section does not prohibit either of the following:

1769

(1) A person operating a low-speed vehicle, under-speed, or	1770
utility vehicle or a mini-truck from proceeding across an	1771
intersection of a street or highway having a speed limit greater	1772
than thirty-five miles per hour;	1773

(2) A person operating a motor-driven cycle or motor scooter	1774
from proceeding across an intersection of a street or highway	1775
having a speed limit greater than forty-five miles per hour.	1776

(C) Nothing in this section shall prevent a local authority	1777
from adopting more stringent local ordinances, resolutions, or	1778
regulations governing the operation of a low-speed vehicle or a	1779
mini-truck, or a motor-driven cycle or motor scooter.	1780

(D) Except as otherwise provided in this division, whoever	1781
violates division (A) of this section is guilty of a minor	1782
misdemeanor. If within one year of the offense, the offender	1783
previously has been convicted of or pleaded guilty to one	1784
predicate motor vehicle or traffic offense, whoever violates this	1785
section is guilty of a misdemeanor of the fourth degree. If within	1786
one year of the offense, the offender previously has been	1787
convicted of two or more predicate motor vehicle or traffic	1788
offenses, whoever violates this section is guilty of a misdemeanor	1789
of the third degree.	1790

Sec. 4511.215.  (A) By ordinance or resolution, a local	1791
authority may authorize the operation of under-speed or utility	1792
vehicles or mini-trucks on a public street or highway under its	1793
jurisdiction. A local authority that authorizes the operation of	1794
under-speed or utility vehicles or mini-trucks shall do all of the	1795
following:	1796

(1) Limit the operation of those vehicles to streets and	1797
highways having an established speed limit not greater than	1798
thirty-five miles per hour;	1799

(2) Require the vehicle owner who wishes to operate an	1800
under-speed or utility vehicle or a mini-truck on the public	1801
streets or highways to submit the vehicle to an inspection	1802
conducted by a local law enforcement agency that complies with	1803
inspection requirements established by the department of public	1804
safety under section 4513.02 of the Revised Code;	1805

(3) Permit the operation on public streets or highways of	1806
only those vehicles that successfully pass the required vehicle	1807
inspection, are registered in accordance with Chapter 4503. of the	1808
Revised Code, and are titled in accordance with Chapter 4505. of	1809
the Revised Code;	1810

(4) Notify the director of public safety, in a manner the	1811
director determines, of the authorization for the operation of	1812
under-speed or utility vehicles or mini-trucks.	1813

(B) A local authority may establish additional requirements	1814
for the operation of under-speed or utility vehicles or	1815
mini-trucks on its streets and highways.	1816

Sec. 4511.53.  (A) For purposes of this section, "snowmobile"	1817
has the same meaning as given that term in section 4519.01 of the	1818
Revised Code.	1819

(B) No person operating a bicycle shall ride other than upon	1820
or astride the permanent and regular seat attached thereto or	1821
carry any other person upon such bicycle other than upon a firmly	1822
attached and regular seat thereon, and no person shall ride upon a	1823
bicycle other than upon such a firmly attached and regular seat.	1824

No person operating a motorcycle shall ride other than upon	1825
or astride the permanent and regular seat or saddle attached	1826
thereto, or carry any other person upon such motorcycle other than	1827
upon a firmly attached and regular seat or saddle thereon, and no	1828
person shall ride upon a motorcycle other than upon such a firmly	1829
attached and regular seat or saddle.	1830

No person shall ride upon a motorcycle that is equipped with	1831
a saddle other than while sitting astride the saddle, facing	1832
forward, with one leg on each side of the motorcycle.	1833

No person shall ride upon a motorcycle that is equipped with	1834
a seat other than while sitting upon the seat.	1835

No person operating a bicycle shall carry any package,	1836
bundle, or article that prevents the driver from keeping at least	1837
one hand upon the handle barshandlebars.	1838

No bicycle or motorcycle shall be used to carry more persons	1839
at one time than the number for which it is designed and equipped,	1840
nor shall any. No motorcycle shall be operated on a highway when	1841
the handle bars or grips are more than fifteen incheshandlebars	1842
rise higher than the shoulders of the operator when the operator	1843
is seated in the operator's seat or saddle for the operator.	1844

No(C)(1) Except as provided in division (C)(2) of this	1845
section, no person shall operate or be a passenger on a snowmobile	1846
or motorcycle without using safety glasses or other protective eye	1847
device. NoExcept as provided in division (C)(2) of this section,	1848
no person who is under the age of eighteen years, or who holds a	1849
motorcycle operator's endorsement or license bearing a "novice"	1850
designation that is currently in effect as provided in section	1851
4507.13 of the Revised Code, shall operate a motorcycle on a	1852
highway, or be a passenger on a motorcycle, unless wearing a	1853
United States department of transportation-approved protective	1854
helmet on the person's head, and no other person shall be a	1855
passenger on a motorcycle operated by such a person unless	1856
similarly wearing a protective helmet. The helmet, safety glasses,	1857
or other protective eye device shall conform with rules adopted by	1858
the director of public safety. The provisions of this paragraph or	1859
a violation thereof shall not be used in the trial of any civil	1860
action.	1861

(C)(1)(2) Division (C)(1) of this section does not apply to a	1862
person operating a cab-enclosed motorcycle when the occupant	1863
compartment top is in place enclosing the occupants.	1864

(3)(a) No person shall operate a motorcycle with a valid	1865
temporary instruction permit and temporary instruction permit	1866
identification card issued by the registrar of motor vehicles	1867
pursuant to section 4507.05 of the Revised Code unless the person,	1868
at the time of such operation, is wearing on the person's head a	1869
protective helmet that has been approved by the United States	1870
department of transportation that conforms with rules adopted by	1871
the director.	1872

(2)(b) No person shall operate a motorcycle with a valid	1873
temporary instruction permit and temporary instruction permit	1874
identification card issued by the registrar pursuant to section	1875
4507.05 of the Revised Code in any of the following circumstances:	1876

(a)(i) At any time when lighted lights are required by	1877
division (A)(1) of section 4513.03 of the Revised Code;	1878

(b)(ii) While carrying a passenger;

1879

(c)(iii) On any limited access highway or heavily congested	1880
roadway.	1881

(D) Nothing in this section shall be construed as prohibiting	1882
the carrying of a child in a seat or trailer that is designed for	1883
carrying children and is firmly attached to the bicycle.	1884

(E) Except as otherwise provided in this division, whoever	1885
violates division (B) or (C)(1) or (3) of this section is guilty	1886
of a minor misdemeanor. If, within one year of the offense, the	1887
offender previously has been convicted of or pleaded guilty to one	1888
predicate motor vehicle or traffic offense, whoever violates	1889
division (B) or (C)(1) or (3) of this section is guilty of a	1890
misdemeanor of the fourth degree. If, within one year of the	1891
offense, the offender previously has been convicted of two or more	1892
predicate motor vehicle or traffic offenses, whoever violates	1893
division (B) or (C)(1) or (3) of this section is guilty of a	1894
misdemeanor of the third degree.	1895

Sec. 4513.241.  (A) The director of public safety, in	1896
accordance with Chapter 119. of the Revised Code, shall adopt	1897
rules governing the use of tinted glass, and the use of	1898
transparent, nontransparent, translucent, and reflectorized	1899
materials in or on motor vehicle windshields, side windows,	1900
sidewings, and rear windows that prevent a person of normal vision	1901
looking into the motor vehicle from seeing or identifying persons	1902
or objects inside the motor vehicle.	1903

(B) The rules adopted under this section may provide for	1904
persons who meet either of the following qualifications:	1905

(1) On November 11, 1994, or the effective date of any rule	1906
adopted under this section, own a motor vehicle that does not	1907
conform to the requirements of this section or of any rule adopted	1908
under this section;	1909

(2) Establish residency in this state and are required to	1910
register a motor vehicle that does not conform to the requirements	1911
of this section or of any rule adopted under this section.	1912

(C) No person shall operate, on any highway or other public	1913
or private property open to the public for vehicular travel or	1914
parking, lease, or rent any motor vehicle that is registered in	1915
this state unless the motor vehicle conforms to the requirements	1916
of this section and of any applicable rule adopted under this	1917
section.	1918

(D) No person shall install in or on any motor vehicle, any	1919
glass or other material that fails to conform to the requirements	1920
of this section or of any rule adopted under this section.	1921

(E)(1) No used motor vehicle dealer or new motor vehicle	1922
dealer, as defined in section 4517.01 of the Revised Code, shall	1923
sell any motor vehicle that fails to conform to the requirements	1924
of this section or of any rule adopted under this section.	1925

(2) No manufacturer, remanufacturer, or distributor, as	1926
defined in section 4517.01 of the Revised Code, shall provide to a	1927
motor vehicle dealer licensed under Chapter 4517. of the Revised	1928
Code or to any other person, a motor vehicle that fails to conform	1929
to the requirements of this section or of any rule adopted under	1930
this section.	1931

(F) No reflectorized materials shall be permitted upon or in	1932
any front windshield, side windows, sidewings, or rear window.	1933

(G) This section does not apply to the manufacturer's tinting	1934
or glazing of motor vehicle windows or windshields that is	1935
otherwise in compliance with or permitted by federal motor vehicle	1936
safety standard number two hundred five.	1937

(H) With regard to any side window behind a driver's seat or	1938
any rear window other than any window on an emergency door, this	1939
section does not apply to any school bus used to transport a child	1940
with disabilities pursuant to Chapter 3323. of the Revised Code,	1941
whom it is impossible or impractical to transport by regular	1942
school bus in the course of regular route transportation provided	1943
by a school district. As used in this division, "child with	1944
disabilities" has the same meaning as in section 3323.01 of the	1945
Revised Code.	1946

(I) This section does not apply to any school bus that is to	1947
be sold and operated outside this state.	1948

(J)(1) This section and the rules adopted under it do not	1949
apply to a motor vehicle used by a law enforcement agency under	1950
either of the following circumstances:	1951

(a) The vehicle does not have distinctive markings of a law	1952
enforcement vehicle but is operated by or on behalf of the law	1953
enforcement agency in an authorized investigation or other	1954
activity requiring that the presence and identity of the vehicle	1955
occupants be undisclosed.	1956

(b) The vehicle primarily is used by the law enforcement	1957
canine unit for transporting a police dog.	1958

(2) As used in this division, "law enforcement agency" means	1959
a police department, the office of a sheriff, the state highway	1960
patrol, a county prosecuting attorney, or a federal, state, or	1961
local governmental body that enforces criminal laws and that has	1962
employees who have a statutory power of arrest.	1963

(K)(1) Whoever violates division (C), (D), (E)(2), or (F) of	1964
this section is guilty of a minor misdemeanor.	1965

(2) Whoever violates division (E)(1) of this section is	1966
guilty of a minor misdemeanor if the dealer or the dealer's agent	1967
knew of the nonconformity at the time of sale.	1968

(3)(a) Whoever violates division (D) of this section is	1969
guilty of a misdemeanor of the fourth degree, except that an	1970
organization may not be convicted unless the act of installation	1971
was authorized by the board of directors, trustees, partners, or	1972
by a high managerial officer acting on behalf of the organization,	1973
and installation was performed by an employee of the organization	1974
acting within the scope of the person's employment.	1975

(b) In addition to any other penalty imposed under this	1976
section, whoever violates division (D) of this section is liable	1977
in a civil action to the owner of a motor vehicle on which was	1978
installed the nonconforming glass or material for any damages	1979
incurred by that person as a result of the installation of the	1980
nonconforming glass or material, costs of maintaining the civil	1981
action, and attorney fees.	1982

(c) In addition to any other penalty imposed under this	1983
section, if the offender previously has been convicted of or	1984
pleaded guilty to a violation of division (D) of this section and	1985
the offender is a motor vehicle repair operator registered under	1986
Chapter 4775. of the Revised Code or a motor vehicle dealer	1987
licensed under Chapter 4517. of the Revised Code, whoever violates	1988
division (D) of this section is subject to a registration or	1989
license suspension, as applicable, for a period of not more than	1990
one hundred eighty days.	1991

(L)(1) Every county court judge, mayor of a mayor's court,	1992
and clerk of a court of record shall keep a full record of every	1993
case in which a person is charged with any violation of this	1994
section. If a person is convicted of or forfeits bail in relation	1995
to a violation of division (D) of this section, the county court	1996
judge, mayor of a mayor's court, or clerk, within ten days after	1997
the conviction or bail forfeiture, shall prepare and immediately	1998
forward to the motor vehicle repair board and the motor vehicle	1999
dealers board, an abstract, certified by the preparer to be true	2000
and correct, of the court record covering the case in which the	2001
person was convicted or forfeited bail.	2002

(2) The motor vehicle repair board and the motor vehicle	2003
dealers board each shall keep and maintain all abstracts received	2004
under this section. Within ten days after receipt of an abstract,	2005
each board, respectively, shall determine whether the person named	2006
in the abstract is registered or licensed with the board and, if	2007
the person is so registered or licensed, shall proceed in	2008
accordance with section 4775.09 or 4517.33 of the Revised Code, as	2009
applicable, and determine whether the person's registration or	2010
license is to be suspended for a period of not more than one	2011
hundred eighty days.	2012

Sec. 4517.33.  The motor vehicle dealers board shall hear	2013
appeals which may be taken from an order of the registrar of motor	2014
vehicles, refusing to issue a license. All appeals from any order	2015
of the registrar refusing to issue any license upon proper	2016
application must be taken within thirty days from the date of the	2017
order, or the order is final and conclusive. All appeals from	2018
orders of the registrar must be by petition in writing and	2019
verified under oath by the applicant whose application for license	2020
has been denied, and must set forth the reason for the appeal and	2021
the reason why, in the petitioner's opinion, the order of the	2022
registrar is not correct. In such appeals the board may make	2023
investigation to determine the correctness and legality of the	2024
order of the registrar.	2025

The board may make rules governing its actions relative to	2026
the suspension and revocation of dealers', motor vehicle leasing	2027
dealers', distributors', auction owners', salespersons', and	2028
construction equipment auction licenses, and may, upon its own	2029
motion, and shall, upon the verified complaint in writing of any	2030
person, investigate the conduct of any licensee under sections	2031
4517.01 to 4517.65 of the Revised Code. The board shall suspend or	2032
revoke or notify the registrar to refuse to renew any dealer's,	2033
motor vehicle leasing dealer's, distributor's, auction owner's,	2034
salesperson's, or construction equipment auction license, if any	2035
ground existed upon which the license might have been refused, or	2036
if a ground exists that would be cause for refusal to issue a	2037
license.	2038

The board may suspend or revoke any license if the licensee	2039
has in any manner violated the rules issued pursuant to sections	2040
4517.01 to 4517.65 of the Revised Code, or has violated section	2041
4501.02 of the Revised Code, or has been convicted of committing a	2042
felony or violating any law that in any way relates to the	2043
selling, taxing, licensing, or regulation of sales of motor	2044
vehicles.	2045

Within ten days after receipt of an abstract from a county	2046
court judge, mayor of a mayor's court, or clerk of a court of	2047
record indicating a violation of division (D) of section 4513.241	2048
of the Revised Code, the board shall determine whether the person	2049
named in the abstract is licensed under this chapter and, if the	2050
person is so licensed, shall further determine whether the person	2051
previously has been convicted of or pleaded guilty to a violation	2052
of that section. If the person previously has been convicted of or	2053
pleaded guilty to a violation of that section, the board, in	2054
accordance with Chapter 119. of the Revised Code but without a	2055
prior hearing, shall suspend the person's license for a period of	2056
not more than one hundred eighty days.	2057

Sec. 4519.01.  As used in this chapter:

2058

(A) "Snowmobile" means any self-propelled vehicle designed	2059
primarily for use on snow or ice, and steered by skis, runners, or	2060
caterpillar treads.	2061

(B) "All-purpose vehicle" means any self-propelled vehicle	2062
designed primarily for cross-country travel on land and water, or	2063
on more than one type of terrain, and steered by wheels or	2064
caterpillar treads, or any combination thereof, including vehicles	2065
that operate on a cushion of air, vehicles commonly known as	2066
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	2067
bikes. "All-purpose vehicle" does not include a utility vehicle as	2068
defined in section 4501.01 of the Revised Code or any vehicle	2069
principally used in playing golf, any motor vehicle or aircraft	2070
required to be registered under Chapter 4503. or 4561. of the	2071
Revised Code, and any vehicle excepted from definition as a motor	2072
vehicle by division (B) of section 4501.01 of the Revised Code.	2073

(C) "Owner" means any person or firm, other than a lienholder	2074
or dealer, having title to a snowmobile, off-highway motorcycle,	2075
or all-purpose vehicle, or other right to the possession thereof.	2076

(D) "Operator" means any person who operates or is in actual	2077
physical control of a snowmobile, off-highway motorcycle, or	2078
all-purpose vehicle.	2079

(E) "Dealer" means any person or firm engaged in the business	2080
of manufacturing or selling snowmobiles, off-highway motorcycles,	2081
or all-purpose vehicles at wholesale or retail, or who rents,	2082
leases, or otherwise furnishes snowmobiles, off-highway	2083
motorcycles, or all-purpose vehicles for hire.	2084

(F) "Street or highway" has the same meaning as in section	2085
4511.01 of the Revised Code.	2086

(G) "Limited access highway" and "freeway" have the same	2087
meanings as in section 5511.02 of the Revised Code.	2088

(H) "Interstate highway" means any part of the interstate	2089
system of highways as defined in subsection (e), 90 Stat. 431	2090
(1976), 23 U.S.C.A. 103, as amended.	2091

(I) "Off-highway motorcycle" means every motorcycle, as	2092
defined in section 4511.01 of the Revised Code, that is designed	2093
to be operated primarily on lands other than a street or highway.	2094

(J) "Electronic" and "electronic record" have the same	2095
meanings as in section 4501.01 of the Revised Code.	2096

(K) "Electronic dealer" means a dealer whom the registrar of	2097
motor vehicles designates under section 4519.511 of the Revised	2098
Code.	2099

(L) "Mini-truck" means a vehicle that has four wheels, is	2100
propelled by an electric motor with a rated power of seven	2101
thousand five hundred watts or less or an internal combustion	2102
engine with a piston displacement capacity of six hundred sixty	2103
cubic centimeters or less, has a total dry weight of nine hundred	2104
to two thousand two hundred pounds, contains an enclosed cabin and	2105
a seat for the vehicle operator, resembles a pickup truck or van	2106
with a cargo area or bed located at the rear of the vehicle, and	2107
was not originally manufactured to meet federal motor vehicle	2108
safety standards.	2109

Sec. 4519.02.  (A)(1) Except as provided in divisions (B),	2110
(C), and (D) of this section, no person shall operate any	2111
snowmobile, off-highway motorcycle, or all-purpose vehicle within	2112
this state unless the snowmobile, off-highway motorcycle, or	2113
all-purpose vehicle is registered and numbered in accordance with	2114
sections 4519.03 and 4519.04 of the Revised Code.	2115

(2) Except as provided in section 4511.215 of the Revised	2116
Code, no registration is required for a mini-truck that is	2117
operated within this state. A mini-truck may be operated only in	2118
accordance with that section and section 4519.401 of the Revised	2119
Code.	2120

(B)(1) No registration is required for a snowmobile or	2121
off-highway motorcycle that is operated exclusively upon lands	2122
owned by the owner of the snowmobile or off-highway motorcycle, or	2123
on lands to which the owner of the snowmobile or off-highway	2124
motorcycle has a contractual right.	2125

(2) No registration is required for an all-purpose vehicle	2126
that is used primarily for agricultural purposes when the owner	2127
qualifies for the current agricultural use valuation tax credit,	2128
unless it is to be used on any public land, trail, or	2129
right-of-way.	2130

(3) Any all-purpose vehicle exempted from registration under	2131
division (B)(2) of this section and operated for agricultural	2132
purposes may use public roads and rights-of-way when traveling	2133
from one farm field to another, when such use does not violate	2134
section 4519.41 of the Revised Code.	2135

(C) No registration is required for a snowmobile, off-highway	2136
motorcycle, or all-purpose vehicle owned and used in this state by	2137
a resident of another state whenever that state has in effect a	2138
registration law similar to this chapter and the snowmobile,	2139
off-highway motorcycle, or all-purpose vehicle is properly	2140
registered under that state's law. Any snowmobile, off-highway	2141
motorcycle, or all-purpose vehicle owned and used in this state by	2142
a resident of a state not having a registration law similar to	2143
this chapter shall comply with section 4519.09 of the Revised	2144
Code.	2145

(D) No registration is required for a snowmobile, off-highway	2146
motorcycle, or all-purpose vehicle owned and used in this state by	2147
the United States, another state, or a political subdivision	2148
thereof, but the snowmobile, off-highway motorcycle, or	2149
all-purpose vehicle shall display the name of the owner thereon.	2150

(E) The owner or operator of any all-purpose vehicle operated	2151
or used upon the waters in this state shall comply with Chapters	2152
1547. and 1548. of the Revised Code relative to the operation of	2153
watercraft.	2154

(F) Except as otherwise provided in this division, whoever	2155
violates division (A) of this section shall be fined not less than	2156
fifty dollars but not more than one hundred dollars.	2157

Sec. 4519.401. (A) Except as provided in this section and	2158
section 4511.215 of the Revised Code, no person shall operate a	2159
mini-truck within this state.	2160

(B) A person may operate a mini-truck on a farm for	2161
agricultural purposes only when the owner of the farm qualifies	2162
for the current agricultural use valuation tax credit. A	2163
mini-truck may be operated by or on behalf of such a farm owner on	2164
public roads and rights-of-way only when traveling from one farm	2165
field to another.	2166

(C) A person may operate a mini-truck on property owned or	2167
leased by a dealer who sells mini-trucks at retail.	2168

(D) Whoever violates this section shall be penalized as	2169
provided in division (D) of section 4511.214 of the Revised Code.	2170

Sec. 4775.01.  As used in this chapter:

2171

(A) "Motor vehicle" has the same meaning as in section	2172
4501.01 of the Revised Code.	2173

(B) "Collision" means an occurrence in which two or more	2174
objects, whether mobile or stationary, contact one another in a	2175
manner that causes the alteration of the surface, structure, or	2176
appearance, whether separately or collectively, of an object that	2177
is party to the occurrence.	2178

(C) "Collision repair" means any and all restorative or	2179
replacement procedures that are performed on and affect or	2180
potentially affect the structural, life safety, and cosmetic	2181
components of a motor vehicle that has been damaged as a result of	2182
a collision. "Collision repair" also includes any procedure that	2183
is employed for the purpose of repairing, restoring, replacing, or	2184
refinishing, whether wholly or separately, any structural, life	2185
safety, or cosmetic component of a motor vehicle to a condition	2186
approximating or replicating the function, use, or appearance of	2187
the component prior to a collision.	2188

(D) "Motor vehicle collision repair operator" means any	2189
person, sole proprietorship, foreign or domestic partnership,	2190
limited liability corporation, or other legal entity that is not	2191
an employee or agent of a principal and performs five or more	2192
motor vehicle collision repairs in a calendar year.	2193

(E) "Motor vehicle window tint operator" means any person,	2194
sole proprietorship, foreign or domestic partnership, limited	2195
liability corporation, or other legal entity that is not an	2196
employee or agent of a principal and installs tinted glass, or	2197
transparent, nontransparent, translucent, and reflectorized	2198
material in or on five or more motor vehicle windshields, side	2199
windows, sidewings, and rear windows in a calendar year.	2200

(F) "Motor vehicle repair operator" includes a motor vehicle	2201
collision repair operator and a motor vehicle window tint	2202
operator, but does not mean any of the following:	2203

(1) An employee, other than a manager, of a motor vehicle	2204
collision repair operator;	2205

(2) A motor vehicle dealer licensed pursuant to sections	2206
4517.01 to 4517.45 of the Revised Code;	2207

(3) A motor vehicle dealer licensed pursuant to sections	2208
4517.01 to 4517.45 of the Revised Code who also is the owner, part	2209
owner, or operator of a motor vehicle collision repair facility or	2210
a motor vehicle window tint installation facility;	2211

(4) A motor vehicle auction owner licensed pursuant to	2212
sections 4517.01 to 4517.45 of the Revised Code;	2213

(5) A motor vehicle leasing dealer licensed pursuant to	2214
sections 4517.01 to 4517.45 of the Revised Code;	2215

(6) A motor vehicle salvage dealer licensed pursuant to	2216
Chapter 4738. of the Revised Code;	2217

(7) A person or lessee who owns or leases ten or more motor	2218
vehicles used principally in connection with any established	2219
business and who does not perform motor vehicle collision repairs	2220
or motor vehicle window tint installation on motor vehicles other	2221
than the motor vehicles used principally in connection with the	2222
established business;	2223

(8) A motor vehicle renting dealer as defined in division	2224
(A)(2) of section 4549.65 of the Revised Code who does not perform	2225
motor vehicle collision repairs or motor vehicle window tint	2226
installation on motor vehicles other than the motor vehicles used	2227
in connection with the established motor vehicle renting business;	2228

(9) A person who performs collision repairs toor motor	2229
vehicle window tint installation on the motor vehicles of a single	2230
commercial, industrial, or governmental establishment exclusively	2231
and does not offer or provide motor vehicle collision repair	2232
service or motor vehicle window tint installation to the general	2233
public;	2234

(10) The owner, part owner, or officer of, or instructor	2235
employed by, an educational institution that provides instruction	2236
in motor vehicle collision repair or motor vehicle window tint	2237
installation while the owner, part owner, officer of, or	2238
instructor is engaging in activity in furtherance of instruction	2239
in motor vehicle collision repair or motor vehicle window tint	2240
installation.	2241

(E)(G) "Motor vehicle collision repair facility" means a	2242
location from which five or more separate motor vehicle collision	2243
repairs are performed on motor vehicles in a twelve-month period,	2244
commencing with the day of the month in which the first such	2245
repair is made.	2246

(H) "Motor vehicle window tint installation facility" means a	2247
location from which five or more separate motor vehicle window	2248
tint installations are performed on motor vehicles in a	2249
twelve-month period, commencing with the day of the month in which	2250
the first such installation is made.	2251

Sec. 4775.02.  (A) No person shall act as a motor vehicle	2252
collision repair operator or motor vehicle window tint operator	2253
unless the person is registered in accordance with this chapter.	2254

(B) Any person or entity that conducts or attempts to conduct	2255
business as a motor vehicle collision repair operator or motor	2256
vehicle window tint operator in violation of this chapter performs	2257
an unfair and deceptive act or practice in violation of section	2258
1345.02 of the Revised Code.	2259

Sec. 4775.03.  (A) There is hereby created the board of motor	2260
vehicle collision repair registrationboard consisting of seven	2261
members appointed by the governor, with the advice and consent of	2262
the senate. Each member of the board shall be a resident of the	2263
state. Five members shall be motor vehicle collision repair	2264
operators. One member shall possess expertise in motor vehicle	2265
mechanical repair, and one member shall be a representative of the	2266
public who has no financial interest in the motor vehicle repair	2267
industry.	2268

(B) Within ninety days after the effective date of this	2269
sectionDecember 18, 1997, the governor shall make initial	2270
appointments to the board. Of the initial appointees, two are for	2271
terms ending on January 1, 1998, two are for terms ending on	2272
January 1, 1999, two are for terms ending on January 1, 2000, and	2273
one is for a term ending on January 1, 2001. Thereafter, terms of	2274
office are for three years, with each term ending on the same day	2275
of the same month as did the term that it succeeds. Each member	2276
shall hold office from the date of appointment until the end of	2277
the term for which the member was appointed. Vacancies shall be	2278
filled in the manner prescribed for original appointments. Any	2279
member appointed to fill a vacancy occurring prior to the	2280
expiration of the term for which the member's predecessor was	2281
appointed shall hold office for the remainder of the term. A	2282
member shall continue in office subsequent to the expiration date	2283
of the member's term until the member's successor takes office, or	2284
until a period of sixty days has elapsed, whichever occurs first.	2285
No person shall serve as a member of the board for more than two	2286
consecutive full three-year terms.	2287

(C) In making appointments to the board under division (B) of	2288
this section, the governor shall select the motor vehicle	2289
collision repair operator members and the member with expertise in	2290
motor vehicle mechanical repair as provided in this division.	2291
Within thirty days after the effective date of this section	2292
December 18, 1997, the automotive service association of Ohio,	2293
inc., shall submit a list containing two names for the motor	2294
vehicle mechanical repair member and twelve names for the motor	2295
vehicle collision repair members and the governor may appoint	2296
individuals from the list to fill those six positions. Thereafter,	2297
within sixty days of a vacancy occurring as a result of the	2298
expiration of a term and within thirty days after other vacancies	2299
occurring on the board, the automotive service association of	2300
Ohio, inc., shall submit a list containing three names for each	2301
vacancy and the governor may appoint one of the individuals from	2302
the list to fill the vacancy. If the automotive service	2303
association of Ohio, inc., for its respective appointees, fails to	2304
make the recommendations to the governor within the time limits	2305
set by this division, the governor shall appoint an individual of	2306
the governor's own choosing provided that the individual meets the	2307
qualifications of division (A) of this section.	2308

(D) Before entering upon the duties of office, each member	2309
shall take an oath of office as required by section 3.22 of the	2310
Revised Code. The governor may remove any member for misconduct,	2311
neglect of duty, incapacity, or malfeasance in accordance with	2312
section 3.04 of the Revised Code.	2313

(E) The board shall meet at least four times each year, and	2314
additional meetings may be held upon the written request of any	2315
four members of the board or upon the call of the chairperson. The	2316
board shall elect from among its membership a chairperson and	2317
vice-chairperson, each of whom shall serve for a term of one year.	2318
A majority of the members of the board constitutes a quorum to	2319
transact and vote on the business of the board. The chairperson	2320
may appoint committees as the chairperson considers necessary to	2321
carry out the duties of the board.	2322

(F) Each member of the board shall receive a per diem amount	2323
fixed pursuant to section 124.15 of the Revised Code when actually	2324
attending to matters of the board and for the time spent in	2325
necessary travel, and all actual and necessary expenses incurred	2326
in the discharge of the member's duties.	2327

Sec. 4775.04.  (A) The board of motor vehicle collision	2328
repair registrationboard shall do all of the following:	2329

(1) Adopt rules in accordance with Chapter 119. of the	2330
Revised Code as necessary to carry out the purposes of this	2331
chapter. The rules shall include requirements for the type of	2332
liability insurance required under division (A) of section 4775.07	2333
of the Revised Code. The rules shall permit the use of an	2334
insurance policy issued by any insurer authorized to issue that	2335
type of insurance in this state.	2336

(2) Appoint an executive director to serve at the pleasure of	2337
the board;	2338

(3) Direct the executive director as to how the executive	2339
director shall perform the duties imposed under this chapter;	2340

(4) Consider and make recommendations in regard to all	2341
matters submitted to the board by the executive director;	2342

(5) Determine whether to refuse to issue or renew a	2343
registration certificate or determine whether to waive a	2344
suspension of a registration certificate as provided in division	2345
(D) of section 4775.07 of the Revised Code;	2346

(6) Do all acts and perform all functions as are necessary	2347
for the administration and enforcement of this chapter.	2348

(B) Nothing in this chapter shall be interpreted as granting	2349
the board any authority over a motor vehicle collision repair	2350
operator concerning the quality of work performed in the repair	2351
of, or installation of parts on, motor vehicles.	2352

Sec. 4775.05.  (A) The board of motor vehicle collision	2353
repair registrationboard shall appoint an individual who is not a	2354
member of the board as a full-time employee of the board to serve	2355
as the executive director of the board. The executive director	2356
shall serve at the pleasure and direction of the board. The	2357
director of administrative services shall establish the executive	2358
director's salary in a pay range as provided in division (J) of	2359
section 124.15 of the Revised Code. The executive director,	2360
subject to the approval of the board, shall determine the office	2361
space, supplies, and professional and clerical assistance	2362
necessary to effectively perform the executive director's duties.	2363

(B) The executive director shall perform all the following	2364
duties:	2365

(1) Review and submit to the board, for its approval,	2366
applications for registration pursuant to section 4775.07 of the	2367
Revised Code;	2368

(2) Issue registration certificates, as approved by the	2369
board, to persons who meet the qualifications for registration	2370
under division (A) of section 4775.07 of the Revised Code;	2371

(3) Maintain a written record of all persons registered	2372
pursuant to section 4775.07 of the Revised Code. The record shall	2373
include the name, address, and motor vehicle collision repair	2374
registration certificate number of each registered motor vehicle	2375
collision repair operator. The executive director shall make this	2376
record available to any person upon request and payment of a fee	2377
sufficient to cover the cost of copying the record.	2378

(4) Collect all fees pursuant to section 4775.08 of the	2379
Revised Code;	2380

(5) Appoint enforcement officers as needed to assist the	2381
executive director in carrying out this chapter, who shall serve	2382
at the pleasure of the director;	2383

(6) Gather evidence of violations of this chapter by any	2384
person or motor vehicle collision repair operator, or any partner	2385
or officer of any motor vehicle collision repair operator, and,	2386
upon reasonable belief that a violation has occurred, present the	2387
evidence to the board for its consideration and possible action by	2388
the board under section 4775.02 of the Revised Code. Nothing in	2389
division (B)(6) of this section shall be construed as authorizing	2390
the executive director or the board to enforce any provision of	2391
law other than this chapter. If, however, the executive director	2392
or board, in conducting investigations under those sections,	2393
determines or suspects that a person has violated any other	2394
provision of law, the executive director or board shall notify the	2395
governmental entity that is responsible for enforcement of that	2396
provision of law.	2397

(7) Serve as secretary of the board and maintain a written	2398
record of all of the proceedings of the board;	2399

(8) Notify all motor vehicle collision repair operators of	2400
changes in the motor vehicle collision repair lawthis chapter and	2401
rules adopted pursuant to that lawthis chapter;	2402

(9) Do all other things requested by the board for the	2403
administration and enforcement of this chapter.	2404

(C) The executive director may provide information that is	2405
relevant to motor vehicle collision repair to motor vehicle	2406
collision repair operators or other persons, that is relevant to	2407
motor vehicle window tint installation to motor vehicle window	2408
tint installation operators or other persons, and may communicate	2409
with any person, or respond to communications from any person, in	2410
matters pertaining to motor vehicle collision repair or window	2411
tint installation.	2412

Sec. 4775.06.  An enforcement officer appointed by the	2413
executive director to assist the executive director in carrying	2414
out this chapter shall report to the executive director and the	2415
board of motor vehicle collision repair registrationboard the	2416
name and address of any motor vehicle collision repair operator	2417
that the officer has reasonable grounds to believe is operating in	2418
violation of this chapter, and shall notify the operator of the	2419
suspected violation. The report shall be based on investigation	2420
practices and procedures approved by the board. Within sixty days	2421
after notification is sent, an enforcement officer shall determine	2422
whether the motor vehicle collision repair operator who has been	2423
notified of a suspected violation has come into compliance with	2424
the requirements of this chapter. If the motor vehicle collision	2425
repair operator fails to correct the suspected violation within	2426
sixty days after the date the operator receives the notification,	2427
the enforcement officer shall notify the executive director and	2428
the board of the operator's failure to correct the suspected	2429
violation. Upon receiving a second notification of an operator's	2430
failure to comply with this chapter, the executive director shall	2431
notify the government entity having enforcement authority over the	2432
condition or activity giving rise to the suspected violation in	2433
writing of the condition or activity, the nature of the suspected	2434
violation, and the name and address of the operator suspected of	2435
violating this chapter. An enforcement officer shall monitor	2436
periodically the progress of any action taken in connection with	2437
the suspected violation with the appropriate government entity,	2438
including any investigation or charges that are filed in	2439
connection with the suspected violation. Upon obtaining such	2440
information, the executive director or the enforcement officer	2441
monitoring such progress shall notify the board of the progress of	2442
the suspected violation and any accompanying investigation,	2443
charges, or other action taken in connection with the suspected	2444
violation.	2445

Sec. 4775.07.  (A) Any person required to be registered as a	2446
motor vehicle collision repair operator shall apply to the board	2447
of motor vehicle collision repair registrationboard upon forms	2448
prescribed by the board. The forms shall contain sufficient	2449
information to identify the applicant, including name, address,	2450
state tax identification number, and any other identifying data	2451
prescribed by rule of the board. If the applicant is a	2452
partnership, identifying data as prescribed by the board may be	2453
required for each partner. If the applicant is a corporation,	2454
identifying data may be required for each officer of the	2455
corporation and each person in charge of each place of the motor	2456
vehicle collision repair operator's business in this state. The	2457
applicant shall affirm the application by oath. The applicant	2458
shall include with the application the initial registration fee	2459
set forth in section 4775.08 of the Revised Code and proof	2460
satisfactory to the board that the applicant has a current state	2461
and federal tax identification number, a valid vendor's license	2462
issued pursuant to section 5739.17 of the Revised Code, a United	2463
States environmental protection agency identification number	2464
issued under the "Resource Conservation and Recovery Act of 1976,"	2465
90 Stat. 2795, 42 U.S.C.A. 6901, as amended, and regulations	2466
adopted under that act, proof of possession of all permits	2467
required under Chapter 3704. of the Revised Code, general	2468
liability insurance and liability insurance that protects a person	2469
against liability for damage to motor vehicles in the applicant's	2470
care, custody, or control in an amount and form that conforms to	2471
the rules the board adopts under section 4775.04 of the Revised	2472
Code, and coverage under Chapters 4123. and 4141. of the Revised	2473
Code. In addition, the applicant shall affirm that the applicant	2474
is in compliance with all applicable federal and state statutes	2475
and rules and all local ordinances and resolutions, including all	2476
applicable zoning regulations.	2477

(B) Upon receipt of the completed application form and fees	2478
and after the board determines that the applicant meets the	2479
requirements for registration under division (A) of this section,	2480
the board shall direct the executive director to issue a	2481
registration certificate to the applicant for each place of	2482
business. The motor vehicle collision repair operator shall	2483
display the registration certificate in a conspicuous place on the	2484
premises of the business for which the registration is obtained.	2485

(C) Each registration certificate issued under this section	2486
expires annually on the date of its original issuance and may be	2487
renewed in accordance with the standard renewal procedure of	2488
Chapter 4745. of the Revised Code. The application for a renewal	2489
of a registration certificate shall be accompanied by the same	2490
information and proof as is required to accompany an initial	2491
application under division (A) of this section.	2492

(D) When a motor vehicle collision repair operator	2493
experiences a change in any information or data required under	2494
division (A) of this section or by rule of the board for	2495
registration as a motor vehicle collision repair operator, the	2496
motor vehicle collision repair operator shall submit written	2497
notification of the change to the board within sixty days after	2498
the date that the information becomes obsolete. If a motor vehicle	2499
collision repair operator fails to submit the written notification	2500
of a change in information or data within sixty days after the	2501
change in information or data, the operator's registration	2502
certificate is automatically suspended, except that the board may	2503
waive the suspension for good cause shown.	2504

(E) Notwithstanding section 5703.21 of the Revised Code, the	2505
department of taxation may disclose to the board any information	2506
necessary for the board to verify the existence of an applicant's	2507
valid vendor's license and current state tax identification	2508
number.	2509

Sec. 4775.08.  (A) The initial and annual renewal fee for a	2510
motor vehicle collision repair registration certificate and for a	2511
temporary motor vehicle collision repair registration certificate	2512
is one hundred fifty dollars for each business location at which	2513
the motor vehicle collision repair operator conducts business as	2514
an operator, except that the board of motor vehicle collision	2515
repair registrationboard, with the approval of the controlling	2516
board, may establish fees in excess of or less than that amount,	2517
provided that such fees do not exceed or are not less than that	2518
amount by more than fifty per cent.	2519

The board shall adjust the fees as necessary in order to	2520
provide for the expenses associated with carrying out this	2521
chapter.	2522

(B) If the board has notified or attempted to notify a motor	2523
vehicle collision repair operator that the operator is required to	2524
be registered under this chapter, and the operator fails to	2525
register, the initial fee for the registration of such an	2526
unregistered operator for each business location at which the	2527
operator conducts business as an operator, is the initial fee then	2528
in effect plus an additional amount equal to the initial fee then	2529
in effect for each calendar year that the operator is not	2530
registered after the board has notified or attempted to notify the	2531
operator.	2532

(C) The board shall deposit all fees and fines collected	2533
under this chapter into the occupational licensing and regulatory	2534
fund created by section 4743.05 of the Revised Code.	2535

Sec. 4775.09.  (A)(1) In accordance with Chapter 119. of the	2536
Revised Code, the board of motor vehicles collisionvehicle repair	2537
registrationboard may refuse to issue or renew a registration	2538
certificate or may determine whether to waive a suspension of a	2539
registration certificate as provided in division (D) of section	2540
4775.07 of the Revised Code.	2541

(2) Within ten days after receipt of an abstract from a	2542
county court judge, mayor of a mayor's court, or clerk of a court	2543
of record indicating a violation of division (D) of section	2544
4513.241 of the Revised Code, the board shall determine whether	2545
the person named in the abstract is registered with the board and,	2546
if the person is so registered, shall further determine whether	2547
the person previously has been convicted of or pleaded guilty to a	2548
violation of that section. If the person previously has been	2549
convicted of or pleaded guilty to a violation of that section, the	2550
board, in accordance with Chapter 119. of the Revised Code but	2551
without a prior hearing, shall suspend the person's registration	2552
for a period of not more than one hundred eighty days.	2553

(B) The court of common pleas for theof Franklin county in	2554
whichhas exclusive jurisdiction over any person who conducts, or	2555
attempts to conduct, business as a motor vehicle collision repair	2556
operator in violation of this chapter or any rule adopted under	2557
this chapter may. The court, on application of the board, may	2558
issue an injunction, a cease and desist order, or other	2559
appropriate order restraining the person from continuing the	2560
violation. This section shall operate in addition to and shall not	2561
prohibit the enforcement of any other law.	2562

(C) Upon the request of the executive director or as a result	2563
of complaints, the board shall investigate the alleged violation.	2564

(D) No person required to be registered under this chapter	2565
shall have the benefit of any lien for labor or materials unless	2566
the person is registered under this chapter.	2567

(E) No person whose application for registration under this	2568
chapter is denied shall open or operate a facility for business as	2569
a motor vehicle collision repair facility or motor vehicle window	2570
tint installation facility under the name of the person designated	2571
in the application for a registration certificate or under any	2572
other name prior to registering as a motor vehicle collision	2573
repair operator in accordance with this chapter.	2574

Sec. 4775.10.  (A) A motor vehicle collision repair operator	2575
who substantially complies with the requirements of this chapter	2576
for registration as a motor vehicle collision repair operator and	2577
who is making a good faith effort toward achieving compliance with	2578
all requirements of this chapter may obtain a temporary motor	2579
vehicle collision repair registration certificate. Following the	2580
application of, and payment of a fee by a motor vehicle collision	2581
repair operator, the board of motor vehicle collision repair	2582
registrationboard, in its discretion, may direct the executive	2583
director to issue a temporary registration certificate to a motor	2584
vehicle collision repair operator the board finds to be in	2585
substantial compliance with the requirements of this chapter for	2586
registration and who is making a good faith effort toward	2587
achieving compliance with all requirements of this chapter.	2588

Except as otherwise provided in division (C) of this section,	2589
a temporary registration certificate is effective for one year	2590
from the date of issuance or until the date the motor vehicle	2591
collision repair operator obtains a regular motor vehicle	2592
collision repair registration certificate under this chapter,	2593
whichever date occurs first. If a motor vehicle collision repair	2594
operator obtains a regular registration certificate prior to the	2595
expiration of the operator's temporary registration certificate, a	2596
portion of the fee paid by the motor vehicle collision repair	2597
operator to obtain the temporary registration certificate shall be	2598
applied to the fee imposed under section 4775.08 of the Revised	2599
Code to obtain a regular registration certificate in an amount	2600
that corresponds to the portion of the year the operator is not	2601
utilizing the temporary registration certificate.	2602

Upon receiving direction from the board, the executive	2603
director shall issue a temporary registration certificate.	2604

(B) The board shall adopt rules in accordance with Chapter	2605
119. of the Revised Code that specify criteria a motor vehicle	2606
collision repair operator shall meet in order to be considered to	2607
be in substantial compliance with the registration requirements of	2608
this chapter, and that specify criteria a motor vehicle collision	2609
repair operator shall meet in order to be considered as making a	2610
good faith effort toward achieving compliance with all	2611
requirements of this chapter. The board shall consider the impact	2612
of the rules it adopts under this division on encouraging	2613
competition between all motor vehicle collision repair operators	2614
and not impairing the ability of operators who have been in the	2615
motor vehicle collision repair business for less than one year to	2616
succeed in the market place.	2617

(C) A temporary motor vehicle collision repair registration	2618
may be renewed not more than four consecutive times. A motor	2619
vehicle collision repair operator may apply for the renewal of a	2620
temporary registration certificate prior to the expiration of a	2621
temporary registration certificate. The board shall consider an	2622
application for the renewal of a temporary registration	2623
certificate. The board may direct the executive director to renew	2624
a temporary registration certificate of an applicant who meets the	2625
requirements set forth in division (A) of this section for	2626
obtaining a temporary registration certificate. Upon	2627
recommendation by the board, the executive director shall issue a	2628
renewal of an applicant's temporary registration certificate.	2629
Neither the board nor the executive director shall renew a	2630
person's temporary registration certificate more than four	2631
consecutive times.	2632

A renewal of a temporary motor vehicle collision repair	2633
registration certificate is effective for one year from the date	2634
of issuance of the renewal of registration. A temporary	2635
registration certificate shall continue in effect during the	2636
period in which an applicant is being considered for renewal if	2637
the applicant applies for renewal prior to the expiration of the	2638
temporary registration certificate.	2639

Sec. 4775.11.  It is the intent of the general assembly to	2640
preempt any local ordinance, resolution, or other law adopted or	2641
enacted after the effective date of this sectionDecember 18,	2642
1997, that is limited to the registration of persons engaged in	2643
business as motor vehicle collision repair operators in a manner	2644
corresponding to the provisions of this chapter. This chapter does	2645
not preempt any local law adopted or enacted prior to the	2646
effective date of this sectionDecember 18, 1997, for motor	2647
vehicle collision repair operators or the effective date of this	2648
amendment for motor vehicle window tint operators, or that may	2649
require registration or licensure as a component of imposing	2650
additional requirements on persons engaged in business as motor	2651
vehicle collision repair operators or technicians. Nor does it	2652
preempt the enforcement of any local law regulating motor vehicle	2653
collision repair operators or technicians, including building,	2654
zoning, health, safety, or other similar codes or laws.	2655

Sec. 4775.99.  (A) Whoever violates section 4775.02 of the	2656
Revised Code shall be fined not more than one thousand dollars on	2657
a first offense. On each subsequent offense, the offender shall be	2658
fined not less than one thousand nor more than five thousand	2659
dollars.	2660

(B) After conducting an investigation and upon establishing	2661
that a violation of section 4775.02 of the Revised Code has	2662
occurred, the board of motor vehicle collision repair registration	2663
board, in addition to any other action it may take or any other	2664
penalty imposed pursuant to this chapter, may impose an	2665
administrative fine on the person or entity that committed the	2666
violation in an amount of not more than one thousand dollars on a	2667
first offense. On each subsequent offense, the board may impose an	2668
administrative fine of not less than one thousand dollars nor more	2669
than five thousand dollars. If the administrative fine is not	2670
paid, the attorney general, upon the board's request, shall	2671
commence a civil action to collect the administrative fine.	2672

Sec. 5703.21.  (A) Except as provided in divisions (B) and	2673
(C) of this section, no agent of the department of taxation,	2674
except in the agent's report to the department or when called on	2675
to testify in any court or proceeding, shall divulge any	2676
information acquired by the agent as to the transactions,	2677
property, or business of any person while acting or claiming to	2678
act under orders of the department. Whoever violates this	2679
provision shall thereafter be disqualified from acting as an	2680
officer or employee or in any other capacity under appointment or	2681
employment of the department.	2682

(B)(1) For purposes of an audit pursuant to section 117.15 of	2683
the Revised Code, or an audit of the department pursuant to	2684
Chapter 117. of the Revised Code, or an audit, pursuant to that	2685
chapter, the objective of which is to express an opinion on a	2686
financial report or statement prepared or issued pursuant to	2687
division (A)(7) or (9) of section 126.21 of the Revised Code, the	2688
officers and employees of the auditor of state charged with	2689
conducting the audit shall have access to and the right to examine	2690
any state tax returns and state tax return information in the	2691
possession of the department to the extent that the access and	2692
examination are necessary for purposes of the audit. Any	2693
information acquired as the result of that access and examination	2694
shall not be divulged for any purpose other than as required for	2695
the audit or unless the officers and employees are required to	2696
testify in a court or proceeding under compulsion of legal	2697
process. Whoever violates this provision shall thereafter be	2698
disqualified from acting as an officer or employee or in any other	2699
capacity under appointment or employment of the auditor of state.	2700

(2) For purposes of an internal audit pursuant to section	2701
126.45 of the Revised Code, the officers and employees of the	2702
office of internal auditing in the office of budget and management	2703
charged with conducting the internal audit shall have access to	2704
and the right to examine any state tax returns and state tax	2705
return information in the possession of the department to the	2706
extent that the access and examination are necessary for purposes	2707
of the internal audit. Any information acquired as the result of	2708
that access and examination shall not be divulged for any purpose	2709
other than as required for the internal audit or unless the	2710
officers and employees are required to testify in a court or	2711
proceeding under compulsion of legal process. Whoever violates	2712
this provision shall thereafter be disqualified from acting as an	2713
officer or employee or in any other capacity under appointment or	2714
employment of the office of internal auditing.	2715

(3) As provided by section 6103(d)(2) of the Internal Revenue	2716
Code, any federal tax returns or federal tax information that the	2717
department has acquired from the internal revenue service, through	2718
federal and state statutory authority, may be disclosed to the	2719
auditor of state or the office of internal auditing solely for	2720
purposes of an audit of the department.	2721

(4) For purposes of Chapter 3739. of the Revised Code, an	2722
agent of the department of taxation may share information with the	2723
division of state fire marshal that the agent finds during the	2724
course of an investigation.	2725

(C) Division (A) of this section does not prohibit any of the	2726
following:	2727

(1) Divulging information contained in applications,	2728
complaints, and related documents filed with the department under	2729
section 5715.27 of the Revised Code or in applications filed with	2730
the department under section 5715.39 of the Revised Code;	2731

(2) Providing information to the office of child support	2732
within the department of job and family services pursuant to	2733
section 3125.43 of the Revised Code;	2734

(3) Disclosing to the board of motor vehicle collision repair	2735
registrationboard any information in the possession of the	2736
department that is necessary for the board to verify the existence	2737
of an applicant's valid vendor's license and current state tax	2738
identification number under section 4775.07 of the Revised Code;	2739

(4) Providing information to the administrator of workers'	2740
compensation pursuant to sections 4123.271 and 4123.591 of the	2741
Revised Code;	2742

(5) Providing to the attorney general information the	2743
department obtains under division (J) of section 1346.01 of the	2744
Revised Code;	2745

(6) Permitting properly authorized officers, employees, or	2746
agents of a municipal corporation from inspecting reports or	2747
information pursuant to rules adopted under section 5745.16 of the	2748
Revised Code;	2749

(7) Providing information regarding the name, account number,	2750
or business address of a holder of a vendor's license issued	2751
pursuant to section 5739.17 of the Revised Code, a holder of a	2752
direct payment permit issued pursuant to section 5739.031 of the	2753
Revised Code, or a seller having a use tax account maintained	2754
pursuant to section 5741.17 of the Revised Code, or information	2755
regarding the active or inactive status of a vendor's license,	2756
direct payment permit, or seller's use tax account;	2757

(8) Releasing invoices or invoice information furnished under	2758
section 4301.433 of the Revised Code pursuant to that section;	2759

(9) Providing to a county auditor notices or documents	2760
concerning or affecting the taxable value of property in the	2761
county auditor's county. Unless authorized by law to disclose	2762
documents so provided, the county auditor shall not disclose such	2763
documents;	2764

(10) Providing to a county auditor sales or use tax return or	2765
audit information under section 333.06 of the Revised Code;	2766

(11) Subject to section 4301.441 of the Revised Code,	2767
disclosing to the appropriate state agency information in the	2768
possession of the department of taxation that is necessary to	2769
verify a permit holder's gallonage or noncompliance with taxes	2770
levied under Chapter 4301. or 4305. of the Revised Code;	2771

(12) Disclosing to the department of natural resources	2772
information in the possession of the department that is necessary	2773
to verify the taxpayer's compliance with division (A)(1), (5),	2774
(6), (8), or (9) of section 5749.02 of the Revised Code and	2775
information received pursuant to section 1509.50 of the Revised	2776
Code concerning the amount due under that section;	2777

(13) Disclosing to the department of job and family services,	2778
industrial commission, and bureau of workers' compensation	2779
information in the possession of the department of taxation solely	2780
for the purpose of identifying employers that misclassify	2781
employees as independent contractors or that fail to properly	2782
report and pay employer tax liabilities. The department of	2783
taxation shall disclose only such information that is necessary to	2784
verify employer compliance with law administered by those	2785
agencies.	2786

(14) Disclosing to the Ohio casino control commission	2787
information in the possession of the department of taxation that	2788
is necessary to verify a casino operator's compliance with section	2789
5747.063 or 5753.02 of the Revised Code and sections related	2790
thereto;	2791

(15) Disclosing to the state lottery commission information	2792
in the possession of the department of taxation that is necessary	2793
to verify a lottery sales agent's compliance with section 5747.064	2794
of the Revised Code.	2795

Section 2.  That existing sections 2744.081, 2744.082,	2796
4501.01, 4501.13, 4503.04, 4503.21, 4503.22, 4503.544, 4507.01,	2797
4507.05, 4507.06, 4507.11, 4511.01, 4511.53, 4513.241, 4517.33,	2798
4519.01, 4519.02, 4775.01, 4775.02, 4775.03, 4775.04, 4775.05,	2799
4775.06, 4775.07, 4775.08, 4775.09, 4775.10, 4775.11, 4775.99, and	2800
5703.21 of the Revised Code are hereby repealed.	2801

Section 3. Sections 4501.01, 4501.13, 4503.04, 4503.21,	2802
4503.22, 4503.544, 4507.01, 4507.05, 4507.06, 4507.11, 4511.01,	2803
4511.214, 4511.215, 4511.53, 4519.01, 4519.02, and 4519.401 of the	2804
Revised Code, as amended or enacted by this act, shall take effect	2805
January 1, 2017; provided, the amendments contained in the last	2806
paragraph of division (B) of section 4511.53 of the Revised Code	2807
take effect at the earliest time permitted by law, and the penalty	2808
prescribed in division (E) of that section, insofar as it applies	2809
to a violation of that paragraph as amended by the amendments	2810
contained in that paragraph, also takes effect at the earliest	2811
time permitted by law.	2812

Section 4.  Section 4507.11 of the Revised Code is presented	2813
in this act as a composite of the section as amended by both Am.	2814
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. Section	2815
5703.21 of the Revised Code is presented in this act as a	2816
composite of the section as amended by both Am. Sub. H.B. 386 and	2817
Am. Sub. S.B. 315 of the 129th General Assembly. The General	2818
Assembly, applying the principle stated in division (B) of section	2819
1.52 of the Revised Code that amendments are to be harmonized if	2820
reasonably capable of simultaneous operation, finds that the	2821
composites are the resulting versions of the sections in effect	2822
prior to the effective date of the sections as presented in this	2823
act.	2824