Sub. S. B. No. 114 As Reported by the Senate Highways and Transportation Committee

As Reported by the Senate Highways and Transportation Committee

129th General Assembly

Regular Session

2011-2012

Sub. S. B. No. 114

Senator Seitz

Cosponsors: Senators Kearney, Patton, Wilson

A BILL

To amend sections 4501.01, 4501.13, 4503.04, 4503.21,

4503.22, 4503.544, 4507.01, 4507.05, 4507.06,

4507.11, 4511.01, 4511.53, 4513.241, 4517.33,

4519.01, 4519.02, 4775.01, 4775.02, 4775.03,

4775.04, 4775.05, 4775.06, 4775.07, 4775.08,

4775.09, 4775.10, 4775.11, 4775.99, and 5703.21

and to enact sections 4511.214 and 4511.215 of the

Revised Code to establish conditions for the

operation of certain specialized motor vehicles,

including low-speed and under-speed vehicles,

scooters, cab-enclosed motorcycles, and

mini-trucks; to establish conditions for operation

of a motorcycle with a temporary instruction

permit; to establish a motor scooter temporary

instruction permit and license or endorsement; to

prohibit a motor vehicle manufacturer,

remanufacturer, or distributor from providing to a

licensed motor vehicle dealer a motor vehicle that

violates window tinting standards; to increase the

penalty for installing nonconforming glass or

other material; to establish civil liability for

installing nonconforming glass or other material,

including costs and attorney fees; to rename the

Board of Motor Vehicle Collision Repair

Registration as the Motor Vehicle Repair Board and

to expand the jurisdiction of the Board to require

persons who install motor vehicle window tint to

County Court of Common Pleas exclusive

jurisdiction over motor vehicle repair

registration violations; and to impose a

registration or license suspension up to 180 days

on a registered motor vehicle repair facility or

licensed motor vehicle dealer upon a second or

subsequent violation for installing nonconforming

glass or other material.

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

Section 1. That sections 4501.01, 4501.13, 4503.04, 4503.21,	37
4503.22, 4503.544, 4507.01, 4507.05, 4507.06, 4507.11, 4511.01,	38
4511.53, 4513.241, 4517.33, 4519.01, 4519.02, 4775.01, 4775.02,	39
4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 4775.08, 4775.09,	40
4775.10, 4775.11, 4775.99, and 5703.21 be amended and sections	41
4511.214 and 4511.215 of the Revised Code be enacted to read as	42
follows:	43

Sec. 4501.01. As used in this chapter and Chapters 4503.,	44
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	45
Revised Code, and in the penal laws, except as otherwise provided:	46

(A) "Vehicles" means everything on wheels or runners,	47
including motorized bicycles, but does not mean electric personal	48
assistive mobility devices, vehicles that are operated exclusively	49
on rails or tracks or from overhead electric trolley wires, and	50
vehicles that belong to any police department, municipal fire	51
department, or volunteer fire department, or that are used by such	52
a department in the discharge of its functions.	53

(B) "Motor vehicle" means any vehicle, including mobile homes	54
and recreational vehicles, that is propelled or drawn by power	55
other than muscular power or power collected from overhead	56
electric trolley wires. "Motor vehicle" does not include utility	57
vehicles as defined in division (VV) of this section, under-speed	58
vehicles as defined in division (XX) of this section, mini-trucks	59
as defined in section 4519.01 of the Revised Code, motorized	60
bicycles, road rollers, traction engines, power shovels, power	61
cranes, and other equipment used in construction work and not	62
designed for or employed in general highway transportation,	63
well-drilling machinery, ditch-digging machinery, farm machinery,	64
and trailers that are designed and used exclusively to transport a	65
boat between a place of storage and a marina, or in and around a	66
marina, when drawn or towed on a public road or highway for a	67
distance of no more than ten miles and at a speed of twenty-five	68
miles per hour or less.	69

(C) "Agricultural tractor" and "traction engine" mean any	70
self-propelling vehicle that is designed or used for drawing other	71
vehicles or wheeled machinery, but has no provisions for carrying	72
loads independently of such other vehicles, and that is used	73
principally for agricultural purposes.	74

(D) "Commercial tractor," except as defined in division (C)	75
of this section, means any motor vehicle that has motive power and	76
either is designed or used for drawing other motor vehicles, or is	77
designed or used for drawing another motor vehicle while carrying	78
a portion of the other motor vehicle or its load, or both.	79

(E) "Passenger car" means any motor vehicle that is designed	80
and used for carrying not more than nine persons and includes any	81
motor vehicle that is designed and used for carrying not more than	82
fifteen persons in a ridesharing arrangement.	83

(F) "Collector's vehicle" means any motor vehicle or	84
agricultural tractor or traction engine that is of special	85
interest, that has a fair market value of one hundred dollars or	86
more, whether operable or not, and that is owned, operated,	87
collected, preserved, restored, maintained, or used essentially as	88
a collector's item, leisure pursuit, or investment, but not as the	89
owner's principal means of transportation. "Licensed collector's	90
vehicle" means a collector's vehicle, other than an agricultural	91
tractor or traction engine, that displays current, valid license	92
tags issued under section 4503.45 of the Revised Code, or a	93
similar type of motor vehicle that displays current, valid license	94
tags issued under substantially equivalent provisions in the laws	95
of other states.	96

(G) "Historical motor vehicle" means any motor vehicle that	97
is over twenty-five years old and is owned solely as a collector's	98
item and for participation in club activities, exhibitions, tours,	99
parades, and similar uses, but that in no event is used for	100
general transportation.	101

(H) "Noncommercial motor vehicle" means any motor vehicle,	102
including a farm truck as defined in section 4503.04 of the	103
Revised Code, that is designed by the manufacturer to carry a load	104
of no more than one ton and is used exclusively for purposes other	105
than engaging in business for profit.	106

(I) "Bus" means any motor vehicle that has motor power and is	107
designed and used for carrying more than nine passengers, except	108
any motor vehicle that is designed and used for carrying not more	109
than fifteen passengers in a ridesharing arrangement.	110

(J) "Commercial car" or "truck" means any motor vehicle that	111
has motor power and is designed and used for carrying merchandise	112
or freight, or that is used as a commercial tractor.	113

(K) "Bicycle" means every device, other than a tricycle that	114
is designed solely for use as a play vehicle by a child, that is	115
propelled solely by human power upon which any person may ride,	116
and that has two tandem wheels, or one wheel in front and two	117
wheels in the rear, or two wheels in the front and one wheel in	118
the rear, any of which is more than fourteen inches in diameter.	119

(L) "Motorized bicycle" or "moped" means any vehicle that	120
either has two tandem wheels or one wheel in the front and two	121
wheels in the rear, that ~~is capable of being~~may be pedaled, and	122
that is equipped with a helper motor of not more than fifty cubic	123
centimeters piston displacement that produces no more than one	124
brake horsepower and is capable of propelling the vehicle at a	125
speed of no greater than twenty miles per hour on a level surface.	126

(M) "Trailer" means any vehicle without motive power that is	127
designed or used for carrying property or persons wholly on its	128
own structure and for being drawn by a motor vehicle, and includes	129
any such vehicle that is formed by or operated as a combination of	130
a semitrailer and a vehicle of the dolly type such as that	131
commonly known as a trailer dolly, a vehicle used to transport	132
agricultural produce or agricultural production materials between	133
a local place of storage or supply and the farm when drawn or	134
towed on a public road or highway at a speed greater than	135
twenty-five miles per hour, and a vehicle that is designed and	136
used exclusively to transport a boat between a place of storage	137
and a marina, or in and around a marina, when drawn or towed on a	138
public road or highway for a distance of more than ten miles or at	139
a speed of more than twenty-five miles per hour. "Trailer" does	140
not include a manufactured home or travel trailer.	141

(N) "Noncommercial trailer" means any trailer, except a	142
travel trailer or trailer that is used to transport a boat as	143
described in division (B) of this section, but, where applicable,	144
includes a vehicle that is used to transport a boat as described	145
in division (M) of this section, that has a gross weight of no	146
more than ten thousand pounds, and that is used exclusively for	147
purposes other than engaging in business for a profit, such as the	148
transportation of personal items for personal or recreational	149
purposes.	150

(O) "Mobile home" means a building unit or assembly of closed	151
construction that is fabricated in an off-site facility, is more	152
than thirty-five body feet in length or, when erected on site, is	153
three hundred twenty or more square feet, is built on a permanent	154
chassis, is transportable in one or more sections, and does not	155
qualify as a manufactured home as defined in division (C)(4) of	156
section 3781.06 of the Revised Code or as an industrialized unit	157
as defined in division (C)(3) of section 3781.06 of the Revised	158
Code.	159

(P) "Semitrailer" means any vehicle of the trailer type that	160
does not have motive power and is so designed or used with another	161
and separate motor vehicle that in operation a part of its own	162
weight or that of its load, or both, rests upon and is carried by	163
the other vehicle furnishing the motive power for propelling	164
itself and the vehicle referred to in this division, and includes,	165
for the purpose only of registration and taxation under those	166
chapters, any vehicle of the dolly type, such as a trailer dolly,	167
that is designed or used for the conversion of a semitrailer into	168
a trailer.	169

(Q) "Recreational vehicle" means a vehicular portable	170
structure that meets all of the following conditions:	171

(1) It is designed for the sole purpose of recreational	172
travel.	173

(2) It is not used for the purpose of engaging in business	174
for profit.	175

(3) It is not used for the purpose of engaging in intrastate	176
commerce.	177

(4) It is not used for the purpose of commerce as defined in	178
49 C.F.R. 383.5, as amended.	179

(5) It is not regulated by the public utilities commission	180
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	181

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

182

(a) "Travel trailer" or "house vehicle" means a	183
nonself-propelled recreational vehicle that does not exceed an	184
overall length of ~~thirty-five~~forty feet, exclusive of bumper and	185
tongue or coupling~~, and contains less than three hundred twenty~~	186
~~square feet of space when erected on site~~. "Travel trailer"	187
includes a tent-type fold-out camping trailer as defined in	188
section 4517.01 of the Revised Code.	189

(b) "Motor home" means a self-propelled recreational vehicle	190
that has no fifth wheel and is constructed with permanently	191
installed facilities for cold storage, cooking and consuming of	192
food, and for sleeping.	193

(c) "Truck camper" means a nonself-propelled recreational	194
vehicle that does not have wheels for road use and is designed to	195
be placed upon and attached to a motor vehicle. "Truck camper"	196
does not include truck covers that consist of walls and a roof,	197
but do not have floors and facilities enabling them to be used as	198
a dwelling.	199

(d) "Fifth wheel trailer" means a vehicle that is of such	200
size and weight as to be movable without a special highway permit,	201
~~that has a gross trailer area of four hundred square feet or less,~~	202
that is constructed with a raised forward section that allows a	203
bi-level floor plan, and that is designed to be towed by a vehicle	204
equipped with a fifth-wheel hitch ordinarily installed in the bed	205
of a truck.	206

(e) "Park trailer" means a vehicle that is commonly known as	207
a park model recreational vehicle, meets the American national	208
standard institute standard A119.5 (1988) for park trailers, is	209
built on a single chassis, has a gross trailer area of four	210
hundred square feet or less when set up, is designed for seasonal	211
or temporary living quarters, and may be connected to utilities	212
necessary for the operation of installed features and appliances.	213

(R) "Pneumatic tires" means tires of rubber and fabric or	214
tires of similar material, that are inflated with air.	215

(S) "Solid tires" means tires of rubber or similar elastic	216
material that are not dependent upon confined air for support of	217
the load.	218

(T) "Solid tire vehicle" means any vehicle that is equipped	219
with two or more solid tires.	220

(U) "Farm machinery" means all machines and tools that are	221
used in the production, harvesting, and care of farm products, and	222
includes trailers that are used to transport agricultural produce	223
or agricultural production materials between a local place of	224
storage or supply and the farm, agricultural tractors, threshing	225
machinery, hay-baling machinery, corn shellers, hammermills, and	226
machinery used in the production of horticultural, agricultural,	227
and vegetable products.	228

(V) "Owner" includes any person or firm, other than a	229
manufacturer or dealer, that has title to a motor vehicle, except	230
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	231
includes in addition manufacturers and dealers.	232

(W) "Manufacturer" and "dealer" include all persons and firms	233
that are regularly engaged in the business of manufacturing,	234
selling, displaying, offering for sale, or dealing in motor	235
vehicles, at an established place of business that is used	236
exclusively for the purpose of manufacturing, selling, displaying,	237
offering for sale, or dealing in motor vehicles. A place of	238
business that is used for manufacturing, selling, displaying,	239
offering for sale, or dealing in motor vehicles shall be deemed to	240
be used exclusively for those purposes even though snowmobiles or	241
all-purpose vehicles are sold or displayed for sale thereat, even	242
though farm machinery is sold or displayed for sale thereat, or	243
even though repair, accessory, gasoline and oil, storage, parts,	244
service, or paint departments are maintained thereat, or, in any	245
county having a population of less than seventy-five thousand at	246
the last federal census, even though a department in a place of	247
business is used to dismantle, salvage, or rebuild motor vehicles	248
by means of used parts, if such departments are operated for the	249
purpose of furthering and assisting in the business of	250
manufacturing, selling, displaying, offering for sale, or dealing	251
in motor vehicles. Places of business or departments in a place of	252
business used to dismantle, salvage, or rebuild motor vehicles by	253
means of using used parts are not considered as being maintained	254
for the purpose of assisting or furthering the manufacturing,	255
selling, displaying, and offering for sale or dealing in motor	256
vehicles.	257

(X) "Operator" includes any person who drives or operates a	258
motor vehicle upon the public highways.	259

(Y) "Chauffeur" means any operator who operates a motor	260
vehicle, other than a taxicab, as an employee for hire; or any	261
operator whether or not the owner of a motor vehicle, other than a	262
taxicab, who operates such vehicle for transporting, for gain,	263
compensation, or profit, either persons or property owned by	264
another. Any operator of a motor vehicle who is voluntarily	265
involved in a ridesharing arrangement is not considered an	266
employee for hire or operating such vehicle for gain,	267
compensation, or profit.	268

(Z) "State" includes the territories and federal districts of	269
the United States, and the provinces of Canada.	270

(AA) "Public roads and highways" for vehicles includes all	271
public thoroughfares, bridges, and culverts.	272

(BB) "Manufacturer's number" means the manufacturer's	273
original serial number that is affixed to or imprinted upon the	274
chassis or other part of the motor vehicle.	275

(CC) "Motor number" means the manufacturer's original number	276
that is affixed to or imprinted upon the engine or motor of the	277
vehicle.	278

(DD) "Distributor" means any person who is authorized by a	279
motor vehicle manufacturer to distribute new motor vehicles to	280
licensed motor vehicle dealers at an established place of business	281
that is used exclusively for the purpose of distributing new motor	282
vehicles to licensed motor vehicle dealers, except when the	283
distributor also is a new motor vehicle dealer, in which case the	284
distributor may distribute at the location of the distributor's	285
licensed dealership.	286

(EE) "Ridesharing arrangement" means the transportation of	287
persons in a motor vehicle where the transportation is incidental	288
to another purpose of a volunteer driver and includes ridesharing	289
arrangements known as carpools, vanpools, and buspools.	290

(FF) "Apportionable vehicle" means any vehicle that is used	291
or intended for use in two or more international registration plan	292
member jurisdictions that allocate or proportionally register	293
vehicles, that is used for the transportation of persons for hire	294
or designed, used, or maintained primarily for the transportation	295
of property, and that meets any of the following qualifications:	296

(1) Is a power unit having a gross vehicle weight in excess	297
of twenty-six thousand pounds;	298

(2) Is a power unit having three or more axles, regardless of	299
the gross vehicle weight;	300

(3) Is a combination vehicle with a gross vehicle weight in	301
excess of twenty-six thousand pounds.	302

"Apportionable vehicle" does not include recreational	303
vehicles, vehicles displaying restricted plates, city pick-up and	304
delivery vehicles, buses used for the transportation of chartered	305
parties, or vehicles owned and operated by the United States, this	306
state, or any political subdivisions thereof.	307

(GG) "Chartered party" means a group of persons who contract	308
as a group to acquire the exclusive use of a passenger-carrying	309
motor vehicle at a fixed charge for the vehicle in accordance with	310
the carrier's tariff, lawfully on file with the United States	311
department of transportation, for the purpose of group travel to a	312
specified destination or for a particular itinerary, either agreed	313
upon in advance or modified by the chartered group after having	314
left the place of origin.	315

(HH) "International registration plan" means a reciprocal	316
agreement of member jurisdictions that is endorsed by the American	317
association of motor vehicle administrators, and that promotes and	318
encourages the fullest possible use of the highway system by	319
authorizing apportioned registration of fleets of vehicles and	320
recognizing registration of vehicles apportioned in member	321
jurisdictions.	322

(II) "Restricted plate" means a license plate that has a	323
restriction of time, geographic area, mileage, or commodity, and	324
includes license plates issued to farm trucks under division (J)	325
of section 4503.04 of the Revised Code.	326

(JJ) "Gross vehicle weight," with regard to any commercial	327
car, trailer, semitrailer, or bus that is taxed at the rates	328
established under section 4503.042 or 4503.65 of the Revised Code,	329
means the unladen weight of the vehicle fully equipped plus the	330
maximum weight of the load to be carried on the vehicle.	331

(KK) "Combined gross vehicle weight" with regard to any	332
combination of a commercial car, trailer, and semitrailer, that is	333
taxed at the rates established under section 4503.042 or 4503.65	334
of the Revised Code, means the total unladen weight of the	335
combination of vehicles fully equipped plus the maximum weight of	336
the load to be carried on that combination of vehicles.	337

(LL) "Chauffeured limousine" means a motor vehicle that is	338
designed to carry nine or fewer passengers and is operated for	339
hire on an hourly basis pursuant to a prearranged contract for the	340
transportation of passengers on public roads and highways along a	341
route under the control of the person hiring the vehicle and not	342
over a defined and regular route. "Prearranged contract" means an	343
agreement, made in advance of boarding, to provide transportation	344
from a specific location in a chauffeured limousine at a fixed	345
rate per hour or trip. "Chauffeured limousine" does not include	346
any vehicle that is used exclusively in the business of funeral	347
directing.	348

(MM) "Manufactured home" has the same meaning as in division	349
(C)(4) of section 3781.06 of the Revised Code.	350

(NN) "Acquired situs," with respect to a manufactured home or	351
a mobile home, means to become located in this state by the	352
placement of the home on real property, but does not include the	353
placement of a manufactured home or a mobile home in the inventory	354
of a new motor vehicle dealer or the inventory of a manufacturer,	355
remanufacturer, or distributor of manufactured or mobile homes.	356

(OO) "Electronic" includes electrical, digital, magnetic,	357
optical, electromagnetic, or any other form of technology that	358
entails capabilities similar to these technologies.	359

(PP) "Electronic record" means a record generated,	360
communicated, received, or stored by electronic means for use in	361
an information system or for transmission from one information	362
system to another.	363

(QQ) "Electronic signature" means a signature in electronic	364
form attached to or logically associated with an electronic	365
record.	366

(RR) "Financial transaction device" has the same meaning as	367
in division (A) of section 113.40 of the Revised Code.	368

(SS) "Electronic motor vehicle dealer" means a motor vehicle	369
dealer licensed under Chapter 4517. of the Revised Code whom the	370
registrar of motor vehicles determines meets the criteria	371
designated in section 4503.035 of the Revised Code for electronic	372
motor vehicle dealers and designates as an electronic motor	373
vehicle dealer under that section.	374

(TT) "Electric personal assistive mobility device" means a	375
self-balancing two non-tandem wheeled device that is designed to	376
transport only one person, has an electric propulsion system of an	377
average of seven hundred fifty watts, and when ridden on a paved	378
level surface by an operator who weighs one hundred seventy pounds	379
has a maximum speed of less than twenty miles per hour.	380

(UU) "Limited driving privileges" means the privilege to	381
operate a motor vehicle that a court grants under section 4510.021	382
of the Revised Code to a person whose driver's or commercial	383
driver's license or permit or nonresident operating privilege has	384
been suspended.	385

(VV) "Utility vehicle" means a self-propelled vehicle	386
designed with a bed, principally for the purpose of transporting	387
material or cargo in connection with construction, agricultural,	388
forestry, grounds maintenance, lawn and garden, materials	389
handling, or similar activities. ~~"Utility vehicle" includes a~~	390
~~vehicle with a maximum attainable speed of twenty miles per hour~~	391
~~or less that is used exclusively within the boundaries of state~~	392
~~parks by state park employees or volunteers for the operation or~~	393
~~maintenance of state park facilities.~~	394

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	395
vehicle with an attainable speed in one mile on a paved level	396
surface of more than twenty miles per hour but not more than	397
twenty-five miles per hour and with a gross vehicle weight rating	398
less than three thousand pounds.	399

(XX) "Under-speed vehicle" means a three- or four-wheeled	400
vehicle, including a vehicle commonly known as a golf cart, with	401
an attainable speed on a paved level surface of not more than	402
twenty miles per hour and with a gross vehicle weight rating less	403
than three thousand pounds.	404

(YY) "Motor-driven cycle or motor scooter" means any vehicle	405
designed to travel on not more than three wheels in contact with	406
the ground, with a seat for the driver and floor pad for the	407
driver's feet, and is equipped with a motor with a piston	408
displacement between fifty and one hundred fifty cubic centimeters	409
piston displacement that produces not more than five brake	410
horsepower and is capable of propelling the vehicle at a speed	411
greater than twenty miles per hour on a level surface.	412

(ZZ) "Motorcycle" means a motor vehicle with motive power	413
having a seat or saddle for the use of the operator, designed to	414
travel on not more than three wheels in contact with the ground,	415
and having no occupant compartment top or occupant compartment top	416
that can be installed or removed by the user.	417

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	418
motive power having a seat or saddle for the use of the operator,	419
designed to travel on not more than three wheels in contact with	420
the ground, and having an occupant compartment top or an occupant	421
compartment top that can be installed or removed by the user.	422

Sec. 4501.13. Six dollars of each registration fee	423
designated for payment to the registrar of motor vehicles in	424
division (A)~~(2)~~(1)(b) of section 4503.04 of the Revised Code shall	425
be deposited in the motorcycle safety and education fund, which is	426
hereby created in the state treasury and, unless otherwise	427
provided by law, shall be used solely to pay part or all of the	428
costs of conducting the motorcycle safety and education program	429
created by section 4508.08 of the Revised Code.	430

Sec. 4503.04. Except as provided in sections 4503.042 and	431
4503.65 of the Revised Code for the registration of commercial	432
cars, trailers, semitrailers, and certain buses, the rates of the	433
taxes imposed by section 4503.02 of the Revised Code shall be as	434
follows:	435

(A)(1) For motor vehicles having three wheels or less, the	436
license tax is:	437

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

438

~~(2)~~(b) For each motorcycle, cab-enclosed motorcycle,	439
motor-driven cycle, or motor scooter, fourteen dollars.	440

(2) For each low-speed, under-speed, and utility vehicle, ten	441
dollars.	442

(B) For each passenger car, twenty dollars;

443

(C) For each manufactured home, each mobile home, and each	444
travel trailer or house vehicle, ten dollars;	445

(D) For each noncommercial motor vehicle designed by the	446
manufacturer to carry a load of no more than three-quarters of one	447
ton and for each motor home, thirty-five dollars; for each	448
noncommercial motor vehicle designed by the manufacturer to carry	449
a load of more than three-quarters of one ton, but not more than	450
one ton, seventy dollars;	451

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

452

(1) Eighty-five cents for each one hundred pounds or part	453
thereof for the first two thousand pounds or part thereof of	454
weight of vehicle fully equipped;	455

(2) One dollar and forty cents for each one hundred pounds or	456
part thereof in excess of two thousand pounds up to and including	457
ten thousand pounds.	458

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

459

(1) Vehicle equipped, owned, and used by a charitable or	460
nonprofit corporation exclusively for the purpose of administering	461
chest x-rays or receiving blood donations;	462

(2) Van used principally for the transportation of	463
handicapped persons that has been modified by being equipped with	464
adaptive equipment to facilitate the movement of such persons into	465
and out of the van;	466

(3) Bus used principally for the transportation of	467
handicapped persons or persons sixty-five years of age or older.	468

(G) Notwithstanding its weight, twenty dollars for any bus	469
used principally for the transportation of persons in a	470
ridesharing arrangement.	471

(H) For each transit bus having motor power the license tax	472
is twelve dollars.	473

"Transit bus" means either a motor vehicle having a seating	474
capacity of more than seven persons which is operated and used by	475
any person in the rendition of a public mass transportation	476
service primarily in a municipal corporation or municipal	477
corporations and provided at least seventy-five per cent of the	478
annual mileage of such service and use is within such municipal	479
corporation or municipal corporations or a motor vehicle having a	480
seating capacity of more than seven persons which is operated	481
solely for the transportation of persons associated with a	482
charitable or nonprofit corporation, but does not mean any motor	483
vehicle having a seating capacity of more than seven persons when	484
such vehicle is used in a ridesharing capacity or any bus	485
described by division (F)(3) of this section.	486

The application for registration of such transit bus shall be	487
accompanied by an affidavit prescribed by the registrar of motor	488
vehicles and signed by the person or an agent of the firm or	489
corporation operating such bus stating that the bus has a seating	490
capacity of more than seven persons, and that it is either to be	491
operated and used in the rendition of a public mass transportation	492
service and that at least seventy-five per cent of the annual	493
mileage of such operation and use shall be within one or more	494
municipal corporations or that it is to be operated solely for the	495
transportation of persons associated with a charitable or	496
nonprofit corporation.	497

The form of the license plate, and the manner of its	498
attachment to the vehicle, shall be prescribed by the registrar of	499
motor vehicles.	500

(I) ~~The~~Except as otherwise provided in division (A) or (J)	501
of this section, the minimum tax for any vehicle having motor	502
power ~~other than a farm truck, a motorized bicycle, or motorcycle~~	503
is ten dollars and eighty cents, and for each noncommercial	504
trailer, five dollars.	505

(J)(1) Except as otherwise provided in division (J) of this	506
section, for each farm truck, except a noncommercial motor	507
vehicle, that is owned, controlled, or operated by one or more	508
farmers exclusively in farm use as defined in this section, and	509
not for commercial purposes, and provided that at least	510
seventy-five per cent of such farm use is by or for the one or	511
more owners, controllers, or operators of the farm in the	512
operation of which a farm truck is used, the license tax is five	513
dollars plus:	514

(a) Fifty cents per one hundred pounds or part thereof for	515
the first three thousand pounds;	516

(b) Seventy cents per one hundred pounds or part thereof in	517
excess of three thousand pounds up to and including four thousand	518
pounds;	519

(c) Ninety cents per one hundred pounds or part thereof in	520
excess of four thousand pounds up to and including six thousand	521
pounds;	522

(d) Two dollars for each one hundred pounds or part thereof	523
in excess of six thousand pounds up to and including ten thousand	524
pounds;	525

(e) Two dollars and twenty-five cents for each one hundred	526
pounds or part thereof in excess of ten thousand pounds;	527

(f) The minimum license tax for any farm truck shall be	528
twelve dollars.	529

(2) The owner of a farm truck may register the truck for a	530
period of one-half year by paying one-half the registration tax	531
imposed on the truck under this chapter and one-half the amount of	532
any tax imposed on the truck under Chapter 4504. of the Revised	533
Code.	534

(3) A farm bus may be registered for a period of ninety days	535
from the date of issue of the license plates for the bus, for a	536
fee of ten dollars, provided such license plates shall not be	537
issued for more than any two ninety-day periods in any calendar	538
year. Such use does not include the operation of trucks by	539
commercial processors of agricultural products.	540

(4) License plates for farm trucks and for farm buses shall	541
have some distinguishing marks, letters, colors, or other	542
characteristics to be determined by the director of public safety.	543

(5) Every person registering a farm truck or bus under this	544
section shall furnish an affidavit certifying that the truck or	545
bus licensed to that person is to be so used as to meet the	546
requirements necessary for the farm truck or farm bus	547
classification.	548

Any farmer may use a truck owned by the farmer for commercial	549
purposes by paying the difference between the commercial truck	550
registration fee and the farm truck registration fee for the	551
remaining part of the registration period for which the truck is	552
registered. Such remainder shall be calculated from the beginning	553
of the semiannual period in which application for such commercial	554
license is made.	555

Taxes at the rates provided in this section are in lieu of	556
all taxes on or with respect to the ownership of such motor	557
vehicles, except as provided in section 4503.042 and section	558
4503.06 of the Revised Code.	559

(K) Other than trucks registered under the international	560
registration plan in another jurisdiction and for which this state	561
has received an apportioned registration fee, the license tax for	562
each truck which is owned, controlled, or operated by a	563
nonresident, and licensed in another state, and which is used	564
exclusively for the transportation of nonprocessed agricultural	565
products intrastate, from the place of production to the place of	566
processing, is twenty-four dollars.	567

"Truck," as used in this division, means any pickup truck,	568
straight truck, semitrailer, or trailer other than a travel	569
trailer. Nonprocessed agricultural products, as used in this	570
division, does not include livestock or grain.	571

A license issued under this division shall be issued for a	572
period of one hundred thirty days in the same manner in which all	573
other licenses are issued under this section, provided that no	574
truck shall be so licensed for more than one	575
one-hundred-thirty-day period during any calendar year.	576

The license issued pursuant to this division shall consist of	577
a windshield decal to be designed by the director of public	578
safety.	579

Every person registering a truck under this division shall	580
furnish an affidavit certifying that the truck licensed to the	581
person is to be used exclusively for the purposes specified in	582
this division.	583

(L) Every person registering a motor vehicle as a	584
noncommercial motor vehicle as defined in section 4501.01 of the	585
Revised Code, or registering a trailer as a noncommercial trailer	586
as defined in that section, shall furnish an affidavit certifying	587
that the motor vehicle or trailer so licensed to the person is to	588
be so used as to meet the requirements necessary for the	589
noncommercial vehicle classification.	590

(M) Every person registering a van or bus as provided in	591
divisions (F)(2) and (3) of this section shall furnish a notarized	592
statement certifying that the van or bus licensed to the person is	593
to be used for the purposes specified in those divisions. The form	594
of the license plate issued for such motor vehicles shall be	595
prescribed by the registrar.	596

(N) Every person registering as a passenger car a motor	597
vehicle designed and used for carrying more than nine but not more	598
than fifteen passengers, and every person registering a bus as	599
provided in division (G) of this section, shall furnish an	600
affidavit certifying that the vehicle so licensed to the person is	601
to be used in a ridesharing arrangement and that the person will	602
have in effect whenever the vehicle is used in a ridesharing	603
arrangement a policy of liability insurance with respect to the	604
motor vehicle in amounts and coverages no less than those required	605
by section 4509.79 of the Revised Code. The form of the license	606
plate issued for such a motor vehicle shall be prescribed by the	607
registrar.	608

(O)(1) Commencing on October 1, 2009, if an application for	609
registration renewal is not applied for prior to the expiration	610
date of the registration or within seven days after that date, the	611
registrar or deputy registrar shall collect a fee of twenty	612
dollars for the issuance of the vehicle registration. For any	613
motor vehicle that is used on a seasonal basis, whether used for	614
general transportation or not, and that has not been used on the	615
public roads or highways since the expiration of the registration,	616
the registrar or deputy registrar shall waive the fee established	617
under this division if the application is accompanied by	618
supporting evidence of seasonal use as the registrar may require.	619
The registrar or deputy registrar may waive the fee for other good	620
cause shown if the application is accompanied by supporting	621
evidence as the registrar may require. The fee shall be in	622
addition to all other fees established by this section. A deputy	623
registrar shall retain fifty cents of the fee and shall transmit	624
the remaining amount to the registrar at the time and in the	625
manner provided by section 4503.10 of the Revised Code. The	626
registrar shall deposit all moneys received under this division	627
into the state highway safety fund established in section 4501.06	628
of the Revised Code.	629

(2) Division (O)(1) of this section does not apply to a farm	630
truck or farm bus registered under division (J) of this section.	631

(P) As used in this section:

632

(1) "Van" means any motor vehicle having a single rear axle	633
and an enclosed body without a second seat.	634

(2) "Handicapped person" means any person who has lost the	635
use of one or both legs, or one or both arms, or is blind, deaf,	636
or so severely disabled as to be unable to move about without the	637
aid of crutches or a wheelchair.	638

(3) "Farm truck" means a truck used in the transportation	639
from the farm of products of the farm, including livestock and its	640
products, poultry and its products, floricultural and	641
horticultural products, and in the transportation to the farm of	642
supplies for the farm, including tile, fence, and every other	643
thing or commodity used in agricultural, floricultural,	644
horticultural, livestock, and poultry production and livestock,	645
poultry, and other animals and things used for breeding, feeding,	646
or other purposes connected with the operation of the farm.	647

(4) "Farm bus" means a bus used only for the transportation	648
of agricultural employees and used only in the transportation of	649
such employees as are necessary in the operation of the farm.	650

(5) "Farm supplies" includes fuel used exclusively in the	651
operation of a farm, including one or more homes located on and	652
used in the operation of one or more farms, and furniture and	653
other things used in and around such homes.	654

Sec. 4503.21. (A) No person who is the owner or operator of	655
a motor vehicle shall fail to display in plain view on the front	656
and rear of the motor vehicle the distinctive number and	657
registration mark, including any county identification sticker and	658
any validation sticker issued under sections 4503.19 and 4503.191	659
of the Revised Code, furnished by the director of public safety,	660
except that a manufacturer of motor vehicles or dealer therein,	661
the holder of an in transit permit, and the owner or operator of a	662
motorcycle, motorized bicycle or moped, motor-driven cycle or	663
motor scooter, cab-enclosed motorcycle, manufactured home, mobile	664
home, trailer, or semitrailer shall display on the rear only. A	665
motor vehicle that is issued two license plates shall display the	666
validation sticker only on the rear license plate, except that a	667
commercial tractor that does not receive an apportioned license	668
plate under the international registration plan shall display the	669
validation sticker on the front of the commercial tractor. An	670
apportioned vehicle receiving an apportioned license plate under	671
the international registration plan shall display the license	672
plate only on the front of a commercial tractor and on the rear of	673
all other vehicles. All license plates shall be securely fastened	674
so as not to swing, and shall not be covered by any material that	675
obstructs their visibility.	676

No person to whom a temporary license placard or windshield	677
sticker has been issued for the use of a motor vehicle under	678
section 4503.182 of the Revised Code, and no operator of that	679
motor vehicle, shall fail to display the temporary license placard	680
in plain view from the rear of the vehicle either in the rear	681
window or on an external rear surface of the motor vehicle, or	682
fail to display the windshield sticker in plain view on the rear	683
window of the motor vehicle. No temporary license placard or	684
windshield sticker shall be covered by any material that obstructs	685
its visibility.	686

(B) Whoever violates this section is guilty of a minor	687
misdemeanor.	688

Sec. 4503.22. The identification license plate shall consist	689
of a placard upon the face of which shall appear the distinctive	690
number assigned to the motor vehicle as provided in section	691
4503.19 of the Revised Code, in Arabic numerals or letters, or	692
both. The dimensions of the numerals or letters and of each stroke	693
shall be determined by the director of public safety. The license	694
placard also shall contain the name of this state and the slogan	695
"BIRTHPLACE OF AVIATION." The placard shall be made of steel and	696
the background shall be treated with a reflective material that	697
shall provide effective and dependable reflective brightness	698
during the service period required of the placard. Specifications	699
for the reflective and other materials and the design of the	700
placard, the county identification stickers as provided by section	701
4503.19 of the Revised Code, and validation stickers as provided	702
by section 4503.191 of the Revised Code, shall be adopted by the	703
director as rules under sections 119.01 to 119.13 of the Revised	704
Code. The identification license plate of motorized bicycles or	705
mopeds, motor-driven cycles or motor scooters, cab-enclosed	706
motorcycles, and ~~of motor vehicles of the type commonly called~~	707
"motorcycles" shall consist of a single placard, the size of which	708
shall be prescribed by the director. The identification plate of a	709
vehicle registered in accordance with the international	710
registration plan shall contain the word "apportioned." The	711
director may prescribe the type of placard, or means of fastening	712
the placard, or both; the placard or means of fastening may be so	713
designed and constructed as to render difficult the removal of the	714
placard after it has been fastened to a motor vehicle.	715

Sec. 4503.544. (A) Any person who is a retired or honorably	716
discharged veteran of any branch of the armed forces of the United	717
States may apply to the registrar of motor vehicles for the	718
registration of any motorcycle, motorized bicycle or moped,	719
motor-driven cycle or motor scooter, or cab-enclosed motorcycle	720
that the person owns or leases. The application shall be	721
accompanied by written evidence that the applicant is a retired or	722
honorably discharged veteran of a branch of the armed forces of	723
the United States that the registrar shall require by rule.	724

Upon receipt of an application for registration of a	725
motorcycle under this section, presentation of satisfactory	726
evidence documenting that the applicant is a retired or honorably	727
discharged veteran of a branch of the armed forces of the United	728
States, and payment of the ~~regular motorcycle~~applicable license	729
fee prescribed in section 4503.04 of the Revised Code and any	730
local motor vehicle license tax levied under Chapter 4504. of the	731
Revised Code, the registrar shall issue to the applicant the	732
appropriate motor vehicle registration and a license plate and a	733
validation sticker or a validation sticker alone when required by	734
section 4503.191 of the Revised Code.	735

(B) License plates issued under this section shall be	736
inscribed with the letters and numbers ordinarily inscribed on	737
motorcycle license plates, except that the registrar shall provide	738
for one of the following:	739

(1) The license plates to contain an inscription or symbol	740
representing veterans of the armed forces of the United States;	741

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

742

(3) The plates to be designed to display a sticker bearing	743
the word "veteran."	744

(C) Sections 4503.77 and 4503.78 of the Revised Code do not	745
apply to license plates issued under this section.	746

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	747
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	748
and "highways" have the same meanings as in section 4501.01 of the	749
Revised Code.	750

"Driver's license" means a class D license issued to any	751
person to operate a motor vehicle or motor-driven cycle, other	752
than a commercial motor vehicle, and includes "probationary	753
license," "restricted license," and any operator's or chauffeur's	754
license issued before January 1, 1990.	755

"Probationary license" means the license issued to any person	756
between sixteen and eighteen years of age to operate a motor	757
vehicle.	758

"Restricted license" means the license issued to any person	759
to operate a motor vehicle subject to conditions or restrictions	760
imposed by the registrar of motor vehicles.	761

"Commercial driver's license" means the license issued to a	762
person under Chapter 4506. of the Revised Code to operate a	763
commercial motor vehicle.	764

"Commercial motor vehicle" has the same meaning as in section	765
4506.01 of the Revised Code.	766

"Motorcycle operator's temporary instruction permit, license,	767
or endorsement" includes a temporary instruction permit, license,	768
or endorsement for a motor-driven cycle or motor scooter unless	769
otherwise specified.	770

"Motorized bicycle license" means the license issued under	771
section 4511.521 of the Revised Code to any person to operate a	772
motorized bicycle including a "probationary motorized bicycle	773
license."	774

"Probationary motorized bicycle license" means the license	775
issued under section 4511.521 of the Revised Code to any person	776
between fourteen and sixteen years of age to operate a motorized	777
bicycle.	778

"Identification card" means a card issued under sections	779
4507.50 and 4507.51 of the Revised Code.	780

"Resident" means a person who, in accordance with standards	781
prescribed in rules adopted by the registrar, resides in this	782
state on a permanent basis.	783

"Temporary resident" means a person who, in accordance with	784
standards prescribed in rules adopted by the registrar, resides in	785
this state on a temporary basis.	786

(B) In the administration of this chapter and Chapter 4506.	787
of the Revised Code, the registrar has the same authority as is	788
conferred on the registrar by section 4501.02 of the Revised Code.	789
Any act of an authorized deputy registrar of motor vehicles under	790
direction of the registrar is deemed the act of the registrar.	791

To carry out this chapter, the registrar shall appoint such	792
deputy registrars in each county as are necessary.	793

The registrar also shall provide at each place where an	794
application for a driver's or commercial driver's license or	795
identification card may be made the necessary equipment to take a	796
color photograph of the applicant for such license or card as	797
required under section 4506.11 or 4507.06 of the Revised Code, and	798
to conduct the vision screenings required by section 4507.12 of	799
the Revised Code, and equipment to laminate licenses, motorized	800
bicycle licenses, and identification cards as required by sections	801
4507.13, 4507.52, and 4511.521 of the Revised Code.	802

The registrar shall assign one or more deputy registrars to	803
any driver's license examining station operated under the	804
supervision of the state highway patrol, whenever the registrar	805
considers such assignment possible. Space shall be provided in the	806
driver's license examining station for any such deputy registrar	807
so assigned. The deputy registrars shall not exercise the powers	808
conferred by such sections upon the registrar, unless they are	809
specifically authorized to exercise such powers by such sections.	810

(C) No agent for any insurance company, writing automobile	811
insurance, shall be appointed deputy registrar, and any such	812
appointment is void. No deputy registrar shall in any manner	813
solicit any form of automobile insurance, nor in any manner	814
advise, suggest, or influence any licensee or applicant for	815
license for or against any kind or type of automobile insurance,	816
insurance company, or agent, nor have the deputy registrar's	817
office directly connected with the office of any automobile	818
insurance agent, nor impart any information furnished by any	819
applicant for a license or identification card to any person,	820
except the registrar. This division shall not apply to any	821
nonprofit corporation appointed deputy registrar.	822

(D) The registrar shall immediately remove a deputy registrar	823
who violates the requirements of this chapter.	824

(E) The registrar shall periodically solicit bids and enter	825
into a contract for the provision of laminating equipment and	826
laminating materials to the registrar and all deputy registrars.	827
The registrar shall not consider any bid that does not provide for	828
the supplying of both laminating equipment and laminating	829
materials. The laminating materials selected shall contain a	830
security feature so that any tampering with the laminating	831
material covering a license or identification card is readily	832
apparent. In soliciting bids and entering into a contract for the	833
provision of laminating equipment and laminating materials, the	834
registrar shall observe all procedures required by law.	835

Sec. 4507.05. (A) The registrar of motor vehicles, or a	836
deputy registrar, upon receiving an application for a temporary	837
instruction permit and a temporary instruction permit	838
identification card for a driver's license from any person who is	839
at least fifteen years six months of age, may issue such a permit	840
and identification card entitling the applicant to drive a motor	841
vehicle, other than a commercial motor vehicle, upon the highways	842
under the following conditions:	843

(1) If the permit is issued to a person who is at least	844
fifteen years six months of age, but less than sixteen years of	845
age:	846

(a) The permit and identification card are in the holder's	847
immediate possession;	848

(b) The holder is accompanied by an eligible adult who	849
actually occupies the seat beside the permit holder and does not	850
have a prohibited concentration of alcohol in the whole blood,	851
blood serum or plasma, breath, or urine as provided in division	852
(A) of section 4511.19 of the Revised Code;	853

(c) The total number of occupants of the vehicle does not	854
exceed the total number of occupant restraining devices originally	855
installed in the motor vehicle by its manufacturer, and each	856
occupant of the vehicle is wearing all of the available elements	857
of a properly adjusted occupant restraining device.	858

(2) If the permit is issued to a person who is at least	859
sixteen years of age:	860

(a) The permit and identification card are in the holder's	861
immediate possession;	862

(b) The holder is accompanied by a licensed operator who is	863
at least twenty-one years of age, is actually occupying a seat	864
beside the driver, and does not have a prohibited concentration of	865
alcohol in the whole blood, blood serum or plasma, breath, or	866
urine as provided in division (A) of section 4511.19 of the	867
Revised Code;	868

(c) The total number of occupants of the vehicle does not	869
exceed the total number of occupant restraining devices originally	870
installed in the motor vehicle by its manufacturer, and each	871
occupant of the vehicle is wearing all of the available elements	872
of a properly adjusted occupant restraining device.	873

(B) The registrar or a deputy registrar, upon receiving from	874
any person an application for a temporary instruction permit and	875
temporary instruction permit identification card to operate a	876
motorcycle, motor-driven cycle or motor scooter, or motorized	877
bicycle, may issue such a permit and identification card entitling	878
the applicant, while having the permit and identification card in	879
the applicant's immediate possession, to drive a motorcycle or	880
motor-driven cycle or motor scooter, under the restrictions	881
prescribed in section 4511.53 of the Revised Code, or to drive a	882
motorized bicycle under restrictions determined by the registrar.	883
A temporary instruction permit and temporary instruction permit	884
identification card to operate a motorized bicycle may be issued	885
to a person fourteen or fifteen years old.	886

(C) Any permit and identification card issued under this	887
section shall be issued in the same manner as a driver's license,	888
upon a form to be furnished by the registrar. A temporary	889
instruction permit to drive a motor vehicle other than a	890
commercial motor vehicle shall be valid for a period of one year.	891

(D) Any person having in the person's possession a valid and	892
current driver's license or motorcycle operator's license or	893
endorsement issued to the person by another jurisdiction	894
recognized by this state is exempt from obtaining a temporary	895
instruction permit for a driver's license, but shall submit to the	896
regular examination in obtaining a driver's license or motorcycle	897
operator's endorsement in this state.	898

(E) The registrar may adopt rules governing the use of	899
temporary instruction permits and temporary instruction permit	900
identification cards.	901

(F)(1) No holder of a permit issued under division (A) of	902
this section shall operate a motor vehicle upon a highway or any	903
public or private property used by the public for purposes of	904
vehicular travel or parking in violation of the conditions	905
established under division (A) of this section.	906

(2) Except as provided in division (F)(2) of this section, no	907
holder of a permit that is issued under division (A) of this	908
section and that is issued on or after July 1, 1998, and who has	909
not attained the age of eighteen years, shall operate a motor	910
vehicle upon a highway or any public or private property used by	911
the public for purposes of vehicular travel or parking between the	912
hours of midnight and six a.m.	913

The holder of a permit issued under division (A) of this	914
section on or after July 1, 1998, who has not attained the age of	915
eighteen years, may operate a motor vehicle upon a highway or any	916
public or private property used by the public for purposes of	917
vehicular travel or parking between the hours of midnight and six	918
a.m. if, at the time of such operation, the holder is accompanied	919
by the holder's parent, guardian, or custodian, and the parent,	920
guardian, or custodian holds a current valid driver's or	921
commercial driver's license issued by this state, is actually	922
occupying a seat beside the permit holder, and does not have a	923
prohibited concentration of alcohol in the whole blood, blood	924
serum or plasma, breath, or urine as provided in division (A) of	925
section 4511.19 of the Revised Code.	926

(G)(1) Notwithstanding any other provision of law to the	927
contrary, no law enforcement officer shall cause the operator of a	928
motor vehicle being operated on any street or highway to stop the	929
motor vehicle for the sole purpose of determining whether each	930
occupant of the motor vehicle is wearing all of the available	931
elements of a properly adjusted occupant restraining device as	932
required by division (A) of this section, or for the sole purpose	933
of issuing a ticket, citation, or summons if the requirement in	934
that division has been or is being violated, or for causing the	935
arrest of or commencing a prosecution of a person for a violation	936
of that requirement.	937

(2) Notwithstanding any other provision of law to the	938
contrary, no law enforcement officer shall cause the operator of a	939
motor vehicle being operated on any street or highway to stop the	940
motor vehicle for the sole purpose of determining whether a	941
violation of division (F)(2) of this section has been or is being	942
committed or for the sole purpose of issuing a ticket, citation,	943
or summons for such a violation or for causing the arrest of or	944
commencing a prosecution of a person for such violation.	945

(H) As used in this section:

946

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

947

(a) An instructor of a driver training course approved by the	948
department of public safety;	949

(b) Any of the following persons who holds a current valid	950
driver's or commercial driver's license issued by this state:	951

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

952

(ii) A person twenty-one years of age or older who acts in	953
loco parentis of the permit holder.	954

(2) "Occupant restraining device" has the same meaning as in	955
section 4513.263 of the Revised Code.	956

(I) Whoever violates division (F)(1) or (2) of this section	957
is guilty of a minor misdemeanor.	958

Sec. 4507.06. (A)(1) Every application for a driver's	959
license or, motorcycle operator's license or endorsement, or	960
motor-driven cycle or motor scooter license or endorsement, or	961
duplicate of any such license or endorsement, shall be made upon	962
the approved form furnished by the registrar of motor vehicles and	963
shall be signed by the applicant.	964

Every application shall state the following:

965

(a) The applicant's name, date of birth, social security	966
number if such has been assigned, sex, general description,	967
including height, weight, color of hair, and eyes, residence	968
address, including county of residence, duration of residence in	969
this state, and country of citizenship;	970

(b) Whether the applicant previously has been licensed as an	971
operator, chauffeur, driver, commercial driver, or motorcycle	972
operator and, if so, when, by what state, and whether such license	973
is suspended or canceled at the present time and, if so, the date	974
of and reason for the suspension or cancellation;	975

(c) Whether the applicant is now or ever has been afflicted	976
with epilepsy, or whether the applicant now is suffering from any	977
physical or mental disability or disease and, if so, the nature	978
and extent of the disability or disease, giving the names and	979
addresses of physicians then or previously in attendance upon the	980
applicant;	981

(d) Whether an applicant for a duplicate driver's license, or	982
duplicate license containing a motorcycle operator endorsement, or	983
duplicate license containing a motor-driven cycle or motor scooter	984
endorsement has pending a citation for violation of any motor	985
vehicle law or ordinance, a description of any such citation	986
pending, and the date of the citation;	987

(e) Whether the applicant wishes to certify willingness to	988
make an anatomical gift under section 2108.05 of the Revised Code,	989
which shall be given no consideration in the issuance of a license	990
or endorsement;	991

(f) Whether the applicant has executed a valid durable power	992
of attorney for health care pursuant to sections 1337.11 to	993
1337.17 of the Revised Code or has executed a declaration	994
governing the use or continuation, or the withholding or	995
withdrawal, of life-sustaining treatment pursuant to sections	996
2133.01 to 2133.15 of the Revised Code and, if the applicant has	997
executed either type of instrument, whether the applicant wishes	998
the applicant's license to indicate that the applicant has	999
executed the instrument;	1000

(g) On and after October 7, 2009, whether the applicant is a	1001
veteran, active duty, or reservist of the armed forces of the	1002
United States and, if the applicant is such, whether the applicant	1003
wishes the applicant's license to indicate that the applicant is a	1004
veteran, active duty, or reservist of the armed forces of the	1005
United States by a military designation on the license.	1006

(2) Every applicant for a driver's license shall be	1007
photographed in color at the time the application for the license	1008
is made. The application shall state any additional information	1009
that the registrar requires.	1010

(B) The registrar or a deputy registrar, in accordance with	1011
section 3503.11 of the Revised Code, shall register as an elector	1012
any person who applies for a ~~driver's~~ license or ~~motorcycle~~	1013
~~operator's license or~~ endorsement under division (A) of this	1014
section, or for a renewal or duplicate of the license or	1015
endorsement, if the applicant is eligible and wishes to be	1016
registered as an elector. The decision of an applicant whether to	1017
register as an elector shall be given no consideration in the	1018
decision of whether to issue the applicant a license or	1019
endorsement, or a renewal or duplicate.	1020

(C) The registrar or a deputy registrar, in accordance with	1021
section 3503.11 of the Revised Code, shall offer the opportunity	1022
of completing a notice of change of residence or change of name to	1023
any applicant for a driver's license or endorsement under division	1024
(A) of this section, or for a renewal or duplicate of the license	1025
or endorsement, if the applicant is a registered elector who has	1026
changed the applicant's residence or name and has not filed such a	1027
notice.	1028

(D) In addition to any other information it contains, on and	1029
after October 7, 2009, the approved form furnished by the	1030
registrar of motor vehicles for an application for a ~~driver's~~	1031
license or ~~motorcycle operator's license or~~ endorsement or an	1032
application for a duplicate of any such license or endorsement	1033
shall inform applicants that the applicant must present a copy of	1034
the applicant's DD-214 or an equivalent document in order to	1035
qualify to have the license or duplicate indicate that the	1036
applicant is a veteran, active duty, or reservist of the armed	1037
forces of the United States based on a request made pursuant to	1038
division (A)(1)(g) of this section.	1039

Sec. 4507.11. (A) The registrar of motor vehicles shall	1040
conduct all necessary examinations of applicants for temporary	1041
instruction permits, drivers' licenses, or motorcycle operators'	1042
endorsements, or motor-driven cycle or motor scooter endorsements.	1043
The examination shall include a test of the applicant's knowledge	1044
of motor vehicle laws, including the laws on stopping for school	1045
buses, a test of the applicant's physical fitness to drive, and a	1046
test of the applicant's ability to understand highway traffic	1047
control devices. The examination may be conducted in such a manner	1048
that applicants who are illiterate or limited in their knowledge	1049
of the English language may be tested by methods that would	1050
indicate to the examining officer that the applicant has a	1051
reasonable knowledge of motor vehicle laws and understands highway	1052
traffic control devices. An applicant for a driver's license shall	1053
give an actual demonstration of the ability to exercise ordinary	1054
and reasonable control in the operation of a motor vehicle by	1055
driving the same under the supervision of an examining officer;	1056
however, no applicant for a driver's license shall use a low-speed	1057
or under-speed vehicle for the purpose of demonstrating ability to	1058
exercise ordinary and reasonable control over a vehicle. Except as	1059
provided in division (B) of this section, an applicant for a	1060
motorcycle operator's endorsement or a restricted license that	1061
permits only the operation of a motorcycle shall give an actual	1062
demonstration of the ability to exercise ordinary and reasonable	1063
control in the operation of a motorcycle by driving the same under	1064
the supervision of an examining officer; however, no applicant for	1065
such an endorsement or restricted license shall use a motor-driven	1066
cycle or motor scooter for the purpose of demonstrating ability to	1067
exercise ordinary and reasonable control in the operation of a	1068
motorcycle. Except as provided in division (B) of this section, an	1069
applicant for a motor-driven cycle or motor scooter operator's	1070
endorsement or a restricted license that permits only the	1071
operation of a motor-driven cycle or motor scooter shall give an	1072
actual demonstration of the ability to exercise ordinary and	1073
reasonable control in the operation of a motor-driven cycle or	1074
motor scooter by driving a motor-driven cycle or motor scooter	1075
under the supervision of an examining officer. Except as provided	1076
in section 4507.12 of the Revised Code, the registrar shall	1077
designate the highway patrol, any law enforcement body, or any	1078
other employee of the department of public safety to supervise and	1079
conduct examinations for temporary instruction permits, drivers'	1080
licenses, and motorcycle operators' endorsements and shall provide	1081
the necessary rules and forms to properly conduct the	1082
examinations. The records of the examinations, together with the	1083
application for a temporary instruction permit, driver's license,	1084
or motorcycle operator's endorsement, shall be forwarded to the	1085
registrar by the deputy registrar, and, if in the opinion of the	1086
registrar the applicant is qualified to operate a motor vehicle,	1087
the registrar shall issue the permit, license, or endorsement.	1088

The registrar may authorize the highway patrol, other	1089
designated law enforcement body, or other designated employee of	1090
the department of public safety to issue an examiner's driving	1091
permit to an applicant who has passed the required examination,	1092
authorizing that applicant to operate a motor vehicle while the	1093
registrar is completing an investigation relative to that	1094
applicant's qualifications to receive a temporary instruction	1095
permit, driver's license, or motorcycle operator's endorsement.	1096
The examiner's driving permit shall be in the immediate possession	1097
of the applicant while operating a motor vehicle and shall be	1098
effective until final action and notification has been given by	1099
the registrar, but in no event longer than sixty days from its	1100
date of issuance.	1101

(B)(1) An applicant for a motorcycle operator's endorsement	1102
or a restricted license that permits only the operation of a	1103
motorcycle who presents to the registrar of motor vehicles or a	1104
deputy registrar a form approved by the director of public safety	1105
attesting to the applicant's successful completion within the	1106
preceding sixty days of a course of basic instruction provided by	1107
the motorcycle safety and education program approved by the	1108
director pursuant to section 4508.08 of the Revised Code shall not	1109
be required to give an actual demonstration of the ability to	1110
operate a motorcycle by driving a motorcycle under the supervision	1111
of an examining officer, as described in division (A) of this	1112
section. An applicant for a motor-driven cycle or motor scooter	1113
operator's endorsement or a restricted license that permits only	1114
the operation of a motor-driven cycle or motor scooter who	1115
presents to the registrar of motor vehicles or a deputy registrar	1116
a form approved by the director of public safety attesting to the	1117
applicant's successful completion within the preceding sixty days	1118
of a course of basic instruction provided by the motorcycle safety	1119
and education program approved by the director pursuant to section	1120
4508.08 of the Revised Code shall not be required to give an	1121
actual demonstration of the ability to operate a motor-driven	1122
cycle or motor scooter by driving a motor-driven cycle or motor	1123
scooter under the supervision of an examining officer, as	1124
described in division (A) of this section. Upon presentation of	1125
the form described in division (B)(1) of this section and	1126
compliance with all other requirements relating to the issuance of	1127
a motorcycle operator's endorsement or a restricted license that	1128
permits only the operation of a motorcycle, the registrar or	1129
deputy registrar shall issue to the applicant the endorsement or	1130
restricted license, as the case may be.	1131

(2) A person who has not attained eighteen years of age and	1132
presents an application for a motorcycle operator's endorsement or	1133
a restricted license under division (B)(1) of this section also	1134
shall comply with the requirements of section 4507.21 of the	1135
Revised Code.	1136

(C) A person who holds a valid motorcycle endorsement or	1137
restricted license that permits only the operation of a motorcycle	1138
may operate a motor-driven cycle or motor scooter with that	1139
endorsement or restricted license.	1140

Sec. 4511.01. As used in this chapter and in Chapter 4513.	1141
of the Revised Code:	1142

(A) "Vehicle" means every device, including a motorized	1143
bicycle, in, upon, or by which any person or property may be	1144
transported or drawn upon a highway, except that "vehicle" does	1145
not include any motorized wheelchair, any electric personal	1146
assistive mobility device, any device that is moved by power	1147
collected from overhead electric trolley wires or that is used	1148
exclusively upon stationary rails or tracks, or any device, other	1149
than a bicycle, that is moved by human power.	1150

(B) "Motor vehicle" means every vehicle propelled or drawn by	1151
power other than muscular power or power collected from overhead	1152
electric trolley wires, except motorized bicycles, road rollers,	1153
traction engines, power shovels, power cranes, and other equipment	1154
used in construction work and not designed for or employed in	1155
general highway transportation, hole-digging machinery,	1156
well-drilling machinery, ditch-digging machinery, farm machinery,	1157
and trailers designed and used exclusively to transport a boat	1158
between a place of storage and a marina, or in and around a	1159
marina, when drawn or towed on a street or highway for a distance	1160
of no more than ten miles and at a speed of twenty-five miles per	1161
hour or less.	1162

(C) "Motorcycle" means every motor vehicle, other than a	1163
tractor, having a seat or saddle for the use of the operator and	1164
designed to travel on not more than three wheels in contact with	1165
the ground, including, but not limited to, motor vehicles known as	1166
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"	1167
or "motorcycle" without regard to weight or brake horsepower.	1168

(D) "Emergency vehicle" means emergency vehicles of	1169
municipal, township, or county departments or public utility	1170
corporations when identified as such as required by law, the	1171
director of public safety, or local authorities, and motor	1172
vehicles when commandeered by a police officer.	1173

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

1174

(1) Ambulances, including private ambulance companies under	1175
contract to a municipal corporation, township, or county, and	1176
private ambulances and nontransport vehicles bearing license	1177
plates issued under section 4503.49 of the Revised Code;	1178

(2) Motor vehicles used by public law enforcement officers or	1179
other persons sworn to enforce the criminal and traffic laws of	1180
the state;	1181

(3) Any motor vehicle when properly identified as required by	1182
the director of public safety, when used in response to fire	1183
emergency calls or to provide emergency medical service to ill or	1184
injured persons, and when operated by a duly qualified person who	1185
is a member of a volunteer rescue service or a volunteer fire	1186
department, and who is on duty pursuant to the rules or directives	1187
of that service. The state fire marshal shall be designated by the	1188
director of public safety as the certifying agency for all public	1189
safety vehicles described in division (E)(3) of this section.	1190

(4) Vehicles used by fire departments, including motor	1191
vehicles when used by volunteer fire fighters responding to	1192
emergency calls in the fire department service when identified as	1193
required by the director of public safety.	1194

Any vehicle used to transport or provide emergency medical	1195
service to an ill or injured person, when certified as a public	1196
safety vehicle, shall be considered a public safety vehicle when	1197
transporting an ill or injured person to a hospital regardless of	1198
whether such vehicle has already passed a hospital.	1199

(5) Vehicles used by the motor carrier enforcement unit for	1200
the enforcement of orders and rules of the public utilities	1201
commission as specified in section 5503.34 of the Revised Code.	1202

(F) "School bus" means every bus designed for carrying more	1203
than nine passengers that is owned by a public, private, or	1204
governmental agency or institution of learning and operated for	1205
the transportation of children to or from a school session or a	1206
school function, or owned by a private person and operated for	1207
compensation for the transportation of children to or from a	1208
school session or a school function, provided "school bus" does	1209
not include a bus operated by a municipally owned transportation	1210
system, a mass transit company operating exclusively within the	1211
territorial limits of a municipal corporation, or within such	1212
limits and the territorial limits of municipal corporations	1213
immediately contiguous to such municipal corporation, nor a common	1214
passenger carrier certified by the public utilities commission	1215
unless such bus is devoted exclusively to the transportation of	1216
children to and from a school session or a school function, and	1217
"school bus" does not include a van or bus used by a licensed	1218
child day-care center or type A family day-care home to transport	1219
children from the child day-care center or type A family day-care	1220
home to a school if the van or bus does not have more than fifteen	1221
children in the van or bus at any time.	1222

(G) "Bicycle" means every device, other than a tricycle	1223
designed solely for use as a play vehicle by a child, propelled	1224
solely by human power upon which any person may ride having two	1225
tandem wheels, or one wheel in the front and two wheels in the	1226
rear, or two wheels in the front and one wheel in the rear, any of	1227
which is more than fourteen inches in diameter.	1228

(H) "Motorized bicycle" or "moped" means any vehicle having	1229
either two tandem wheels or one wheel in the front and two wheels	1230
in the rear, that ~~is capable of being~~may be pedaled, and that is	1231
equipped with a helper motor of not more than fifty cubic	1232
centimeters piston displacement that produces no more than one	1233
brake horsepower and is capable of propelling the vehicle at a	1234
speed of no greater than twenty miles per hour on a level surface.	1235

(I) "Commercial tractor" means every motor vehicle having	1236
motive power designed or used for drawing other vehicles and not	1237
so constructed as to carry any load thereon, or designed or used	1238
for drawing other vehicles while carrying a portion of such other	1239
vehicles, or load thereon, or both.	1240

(J) "Agricultural tractor" means every self-propelling	1241
vehicle designed or used for drawing other vehicles or wheeled	1242
machinery but having no provision for carrying loads independently	1243
of such other vehicles, and used principally for agricultural	1244
purposes.	1245

(K) "Truck" means every motor vehicle, except trailers and	1246
semitrailers, designed and used to carry property.	1247

(L) "Bus" means every motor vehicle designed for carrying	1248
more than nine passengers and used for the transportation of	1249
persons other than in a ridesharing arrangement, and every motor	1250
vehicle, automobile for hire, or funeral car, other than a taxicab	1251
or motor vehicle used in a ridesharing arrangement, designed and	1252
used for the transportation of persons for compensation.	1253

(M) "Trailer" means every vehicle designed or used for	1254
carrying persons or property wholly on its own structure and for	1255
being drawn by a motor vehicle, including any such vehicle when	1256
formed by or operated as a combination of a "semitrailer" and a	1257
vehicle of the dolly type, such as that commonly known as a	1258
"trailer dolly," a vehicle used to transport agricultural produce	1259
or agricultural production materials between a local place of	1260
storage or supply and the farm when drawn or towed on a street or	1261
highway at a speed greater than twenty-five miles per hour, and a	1262
vehicle designed and used exclusively to transport a boat between	1263
a place of storage and a marina, or in and around a marina, when	1264
drawn or towed on a street or highway for a distance of more than	1265
ten miles or at a speed of more than twenty-five miles per hour.	1266

(N) "Semitrailer" means every vehicle designed or used for	1267
carrying persons or property with another and separate motor	1268
vehicle so that in operation a part of its own weight or that of	1269
its load, or both, rests upon and is carried by another vehicle.	1270

(O) "Pole trailer" means every trailer or semitrailer	1271
attached to the towing vehicle by means of a reach, pole, or by	1272
being boomed or otherwise secured to the towing vehicle, and	1273
ordinarily used for transporting long or irregular shaped loads	1274
such as poles, pipes, or structural members capable, generally, of	1275
sustaining themselves as beams between the supporting connections.	1276

(P) "Railroad" means a carrier of persons or property	1277
operating upon rails placed principally on a private right-of-way.	1278

(Q) "Railroad train" means a steam engine or an electric or	1279
other motor, with or without cars coupled thereto, operated by a	1280
railroad.	1281

(R) "Streetcar" means a car, other than a railroad train, for	1282
transporting persons or property, operated upon rails principally	1283
within a street or highway.	1284

(S) "Trackless trolley" means every car that collects its	1285
power from overhead electric trolley wires and that is not	1286
operated upon rails or tracks.	1287

(T) "Explosives" means any chemical compound or mechanical	1288
mixture that is intended for the purpose of producing an explosion	1289
that contains any oxidizing and combustible units or other	1290
ingredients in such proportions, quantities, or packing that an	1291
ignition by fire, by friction, by concussion, by percussion, or by	1292
a detonator of any part of the compound or mixture may cause such	1293
a sudden generation of highly heated gases that the resultant	1294
gaseous pressures are capable of producing destructive effects on	1295
contiguous objects, or of destroying life or limb. Manufactured	1296
articles shall not be held to be explosives when the individual	1297
units contain explosives in such limited quantities, of such	1298
nature, or in such packing, that it is impossible to procure a	1299
simultaneous or a destructive explosion of such units, to the	1300
injury of life, limb, or property by fire, by friction, by	1301
concussion, by percussion, or by a detonator, such as fixed	1302
ammunition for small arms, firecrackers, or safety fuse matches.	1303

(U) "Flammable liquid" means any liquid that has a flash	1304
point of seventy degrees fahrenheit, or less, as determined by a	1305
tagliabue or equivalent closed cup test device.	1306

(V) "Gross weight" means the weight of a vehicle plus the	1307
weight of any load thereon.	1308

(W) "Person" means every natural person, firm,	1309
co-partnership, association, or corporation.	1310

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

1311

(Y) "Driver or operator" means every person who drives or is	1312
in actual physical control of a vehicle, trackless trolley, or	1313
streetcar.	1314

(Z) "Police officer" means every officer authorized to direct	1315
or regulate traffic, or to make arrests for violations of traffic	1316
regulations.	1317

(AA) "Local authorities" means every county, municipal, and	1318
other local board or body having authority to adopt police	1319
regulations under the constitution and laws of this state.	1320

(BB) "Street" or "highway" means the entire width between the	1321
boundary lines of every way open to the use of the public as a	1322
thoroughfare for purposes of vehicular travel.	1323

(CC) "Controlled-access highway" means every street or	1324
highway in respect to which owners or occupants of abutting lands	1325
and other persons have no legal right of access to or from the	1326
same except at such points only and in such manner as may be	1327
determined by the public authority having jurisdiction over such	1328
street or highway.	1329

(DD) "Private road or driveway" means every way or place in	1330
private ownership used for vehicular travel by the owner and those	1331
having express or implied permission from the owner but not by	1332
other persons.	1333

(EE) "Roadway" means that portion of a highway improved,	1334
designed, or ordinarily used for vehicular travel, except the berm	1335
or shoulder. If a highway includes two or more separate roadways	1336
the term "roadway" means any such roadway separately but not all	1337
such roadways collectively.	1338

(FF) "Sidewalk" means that portion of a street between the	1339
curb lines, or the lateral lines of a roadway, and the adjacent	1340
property lines, intended for the use of pedestrians.	1341

(GG) "Laned highway" means a highway the roadway of which is	1342
divided into two or more clearly marked lanes for vehicular	1343
traffic.	1344

(HH) "Through highway" means every street or highway as	1345
provided in section 4511.65 of the Revised Code.	1346

(II) "State highway" means a highway under the jurisdiction	1347
of the department of transportation, outside the limits of	1348
municipal corporations, provided that the authority conferred upon	1349
the director of transportation in section 5511.01 of the Revised	1350
Code to erect state highway route markers and signs directing	1351
traffic shall not be modified by sections 4511.01 to 4511.79 and	1352
4511.99 of the Revised Code.	1353

(JJ) "State route" means every highway that is designated	1354
with an official state route number and so marked.	1355

(KK) "Intersection" means:

1356

(1) The area embraced within the prolongation or connection	1357
of the lateral curb lines, or, if none, then the lateral boundary	1358
lines of the roadways of two highways which join one another at,	1359
or approximately at, right angles, or the area within which	1360
vehicles traveling upon different highways joining at any other	1361
angle may come in conflict.	1362

(2) Where a highway includes two roadways thirty feet or more	1363
apart, then every crossing of each roadway of such divided highway	1364
by an intersecting highway shall be regarded as a separate	1365
intersection. If an intersecting highway also includes two	1366
roadways thirty feet or more apart, then every crossing of two	1367
roadways of such highways shall be regarded as a separate	1368
intersection.	1369

(3) The junction of an alley with a street or highway, or	1370
with another alley, shall not constitute an intersection.	1371

(LL) "Crosswalk" means:

1372

(1) That part of a roadway at intersections ordinarily	1373
included within the real or projected prolongation of property	1374
lines and curb lines or, in the absence of curbs, the edges of the	1375
traversable roadway;	1376

(2) Any portion of a roadway at an intersection or elsewhere,	1377
distinctly indicated for pedestrian crossing by lines or other	1378
markings on the surface;	1379

(3) Notwithstanding divisions (LL)(1) and (2) of this	1380
section, there shall not be a crosswalk where local authorities	1381
have placed signs indicating no crossing.	1382

(MM) "Safety zone" means the area or space officially set	1383
apart within a roadway for the exclusive use of pedestrians and	1384
protected or marked or indicated by adequate signs as to be	1385
plainly visible at all times.	1386

(NN) "Business district" means the territory fronting upon a	1387
street or highway, including the street or highway, between	1388
successive intersections within municipal corporations where fifty	1389
per cent or more of the frontage between such successive	1390
intersections is occupied by buildings in use for business, or	1391
within or outside municipal corporations where fifty per cent or	1392
more of the frontage for a distance of three hundred feet or more	1393
is occupied by buildings in use for business, and the character of	1394
such territory is indicated by official traffic control devices.	1395

(OO) "Residence district" means the territory, not comprising	1396
a business district, fronting on a street or highway, including	1397
the street or highway, where, for a distance of three hundred feet	1398
or more, the frontage is improved with residences or residences	1399
and buildings in use for business.	1400

(PP) "Urban district" means the territory contiguous to and	1401
including any street or highway which is built up with structures	1402
devoted to business, industry, or dwelling houses situated at	1403
intervals of less than one hundred feet for a distance of a	1404
quarter of a mile or more, and the character of such territory is	1405
indicated by official traffic control devices.	1406

(QQ) "Traffic control devices" means all flaggers, signs,	1407
signals, markings, and devices placed or erected by authority of a	1408
public body or official having jurisdiction, for the purpose of	1409
regulating, warning, or guiding traffic, including signs denoting	1410
names of streets and highways.	1411

(RR) "Traffic control signal" means any device, whether	1412
manually, electrically, or mechanically operated, by which traffic	1413
is alternately directed to stop, to proceed, to change direction,	1414
or not to change direction.	1415

(SS) "Railroad sign or signal" means any sign, signal, or	1416
device erected by authority of a public body or official or by a	1417
railroad and intended to give notice of the presence of railroad	1418
tracks or the approach of a railroad train.	1419

(TT) "Traffic" means pedestrians, ridden or herded animals,	1420
vehicles, streetcars, trackless trolleys, and other devices,	1421
either singly or together, while using any highway for purposes of	1422
travel.	1423

(UU) "Right-of-way" means either of the following, as the	1424
context requires:	1425

(1) The right of a vehicle, streetcar, trackless trolley, or	1426
pedestrian to proceed uninterruptedly in a lawful manner in the	1427
direction in which it or the individual is moving in preference to	1428
another vehicle, streetcar, trackless trolley, or pedestrian	1429
approaching from a different direction into its or the	1430
individual's path;	1431

(2) A general term denoting land, property, or the interest	1432
therein, usually in the configuration of a strip, acquired for or	1433
devoted to transportation purposes. When used in this context,	1434
right-of-way includes the roadway, shoulders or berm, ditch, and	1435
slopes extending to the right-of-way limits under the control of	1436
the state or local authority.	1437

(VV) "Rural mail delivery vehicle" means every vehicle used	1438
to deliver United States mail on a rural mail delivery route.	1439

(WW) "Funeral escort vehicle" means any motor vehicle,	1440
including a funeral hearse, while used to facilitate the movement	1441
of a funeral procession.	1442

(XX) "Alley" means a street or highway intended to provide	1443
access to the rear or side of lots or buildings in urban districts	1444
and not intended for the purpose of through vehicular traffic, and	1445
includes any street or highway that has been declared an "alley"	1446
by the legislative authority of the municipal corporation in which	1447
such street or highway is located.	1448

(YY) "Freeway" means a divided multi-lane highway for through	1449
traffic with all crossroads separated in grade and with full	1450
control of access.	1451

(ZZ) "Expressway" means a divided arterial highway for	1452
through traffic with full or partial control of access with an	1453
excess of fifty per cent of all crossroads separated in grade.	1454

(AAA) "Thruway" means a through highway whose entire roadway	1455
is reserved for through traffic and on which roadway parking is	1456
prohibited.	1457

(BBB) "Stop intersection" means any intersection at one or	1458
more entrances of which stop signs are erected.	1459

(CCC) "Arterial street" means any United States or state	1460
numbered route, controlled access highway, or other major radial	1461
or circumferential street or highway designated by local	1462
authorities within their respective jurisdictions as part of a	1463
major arterial system of streets or highways.	1464

(DDD) "Ridesharing arrangement" means the transportation of	1465
persons in a motor vehicle where such transportation is incidental	1466
to another purpose of a volunteer driver and includes ridesharing	1467
arrangements known as carpools, vanpools, and buspools.	1468

(EEE) "Motorized wheelchair" means any self-propelled vehicle	1469
designed for, and used by, a handicapped person and that is	1470
incapable of a speed in excess of eight miles per hour.	1471

(FFF) "Child day-care center" and "type A family day-care	1472
home" have the same meanings as in section 5104.01 of the Revised	1473
Code.	1474

(GGG) "Multi-wheel agricultural tractor" means a type of	1475
agricultural tractor that has two or more wheels or tires on each	1476
side of one axle at the rear of the tractor, is designed or used	1477
for drawing other vehicles or wheeled machinery, has no provision	1478
for carrying loads independently of the drawn vehicles or	1479
machinery, and is used principally for agricultural purposes.	1480

(HHH) "Operate" means to cause or have caused movement of a	1481
vehicle, streetcar, or trackless trolley.	1482

(III) "Predicate motor vehicle or traffic offense" means any	1483
of the following:	1484

(1) A violation of section 4511.03, 4511.051, 4511.12,	1485
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	1486
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,	1487
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,	1488
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,	1489
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,	1490
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,	1491
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,	1492
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,	1493
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,	1494
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised	1495
Code;	1496

(2) A violation of division (A)(2) of section 4511.17,	1497
divisions (A) to (D) of section 4511.51, or division (A) of	1498
section 4511.74 of the Revised Code;	1499

(3) A violation of any provision of sections 4511.01 to	1500
4511.76 of the Revised Code for which no penalty otherwise is	1501
provided in the section that contains the provision violated;	1502

(4) A violation of a municipal ordinance that is	1503
substantially similar to any section or provision set forth or	1504
described in division (III)(1), (2), or (3) of this section.	1505

(JJJ) "Road service vehicle" means wreckers, utility repair	1506
vehicles, and state, county, and municipal service vehicles	1507
equipped with visual signals by means of flashing, rotating, or	1508
oscillating lights.	1509

Sec. 4511.214. (A)(1) No person shall operate a low-speed	1510
vehicle upon any street or highway having an established speed	1511
limit greater than thirty-five miles per hour.	1512

(2) No person shall operate an under-speed or utility vehicle	1513
upon any street or highway except as follows:	1514

(a) Upon a street or highway having an established speed	1515
limit not greater than thirty-five miles per hour and only upon	1516
such streets or highways where a local authority has granted	1517
permission for such operation in accordance with section 4511.215	1518
of the Revised Code;	1519

(b) A state park employee or volunteer operating a utility	1520
vehicle exclusively within the boundaries of state parks for the	1521
operation or maintenance of state park facilities.	1522

(3) No person shall operate a motor-driven cycle or motor	1523
scooter upon any street or highway having an established speed	1524
limit greater than forty-five miles per hour.	1525

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

1526

(1) A person operating a low-speed vehicle, under-speed, or	1527
utility vehicle from proceeding across an intersection of a street	1528
or highway having a speed limit greater than thirty-five miles per	1529
hour;	1530

(2) A person operating a motor-driven cycle or motor scooter	1531
from proceeding across an intersection of a street or highway	1532
having a speed limit greater than forty-five miles per hour.	1533

(C) Nothing in this section shall prevent a local authority	1534
from adopting more stringent local ordinances, resolutions, or	1535
regulations governing the operation of a low-speed vehicle, or a	1536
motor-driven cycle or motor scooter.	1537

(D) Except as otherwise provided in this division, whoever	1538
violates division (A) of this section is guilty of a minor	1539
misdemeanor. If within one year of the offense, the offender	1540
previously has been convicted of or pleaded guilty to one	1541
predicate motor vehicle or traffic offense, whoever violates this	1542
section is guilty of a misdemeanor of the fourth degree. If within	1543
one year of the offense, the offender previously has been	1544
convicted of two or more predicate motor vehicle or traffic	1545
offenses, whoever violates this section is guilty of a misdemeanor	1546
of the third degree.	1547

Sec. 4511.215. (A) By ordinance or resolution, a local	1548
authority may authorize the operation of under-speed or utility	1549
vehicles on a public street or highway under its jurisdiction. A	1550
local authority that authorizes the operation of under-speed or	1551
utility vehicles shall do all of the following:	1552

(1) Limit the operation of those vehicles to streets and	1553
highways having an established speed limit not greater than	1554
thirty-five miles per hour;	1555

(2) Require the vehicle owner who wishes to operate an	1556
under-speed or utility vehicle on the public streets or highways	1557
to submit the vehicle to an inspection conducted by a local law	1558
enforcement agency that complies with inspection requirements	1559
established by the department of public safety under section	1560
4513.02 of the Revised Code;	1561

(3) Permit the operation on public streets or highways of	1562
only those vehicles that successfully pass the required vehicle	1563
inspection, are registered in accordance with Chapter 4503. of the	1564
Revised Code, and are titled in accordance with Chapter 4505. of	1565
the Revised Code;	1566

(4) Notify the director of public safety, in a manner the	1567
director determines, of the authorization for the operation of	1568
under-speed or utility vehicles.	1569

(B) A local authority may establish additional requirements	1570
for the operation of under-speed or utility vehicles on its	1571
streets and highways.	1572

Sec. 4511.53. (A) For purposes of this section, "snowmobile"	1573
has the same meaning as given that term in section 4519.01 of the	1574
Revised Code.	1575

(B) No person operating a bicycle shall ride other than upon	1576
or astride the permanent and regular seat attached thereto or	1577
carry any other person upon such bicycle other than upon a firmly	1578
attached and regular seat thereon, and no person shall ride upon a	1579
bicycle other than upon such a firmly attached and regular seat.	1580

No person operating a motorcycle shall ride other than upon	1581
or astride the permanent and regular seat or saddle attached	1582
thereto, or carry any other person upon such motorcycle other than	1583
upon a firmly attached and regular seat or saddle thereon, and no	1584
person shall ride upon a motorcycle other than upon such a firmly	1585
attached and regular seat or saddle.	1586

No person shall ride upon a motorcycle that is equipped with	1587
a saddle other than while sitting astride the saddle, facing	1588
forward, with one leg on each side of the motorcycle.	1589

No person shall ride upon a motorcycle that is equipped with	1590
a seat other than while sitting upon the seat.	1591

No person operating a bicycle shall carry any package,	1592
bundle, or article that prevents the driver from keeping at least	1593
one hand upon the handle bars.	1594

No bicycle or motorcycle shall be used to carry more persons	1595
at one time than the number for which it is designed and equipped,	1596
nor shall any motorcycle be operated on a highway when the handle	1597
bars or grips are more than fifteen inches higher than the seat or	1598
saddle for the operator.	1599

No(C)(1) Except as provided in division (C)(2) of this	1600
section, no person shall operate or be a passenger on a snowmobile	1601
or motorcycle without using safety glasses or other protective eye	1602
device. NoExcept as provided in division (C)(2) of this section,	1603
no person who is under the age of eighteen years, or who holds a	1604
motorcycle operator's endorsement or license bearing a "novice"	1605
designation that is currently in effect as provided in section	1606
4507.13 of the Revised Code, shall operate a motorcycle on a	1607
highway, or be a passenger on a motorcycle, unless wearing a	1608
United States department of transportation-approved protective	1609
helmet on the person's head, and no other person shall be a	1610
passenger on a motorcycle operated by such a person unless	1611
similarly wearing a protective helmet. The helmet, safety glasses,	1612
or other protective eye device shall conform with rules adopted by	1613
the director of public safety. The provisions of this paragraph or	1614
a violation thereof shall not be used in the trial of any civil	1615
action.	1616

~~(C)(1)~~(2) Division (C)(1) of this section does not apply to a	1617
person operating a cab-enclosed motorcycle when the occupant	1618
compartment top is in place enclosing the occupants.	1619

(3)(a) No person shall operate a motorcycle with a valid	1620
temporary instruction permit and temporary instruction permit	1621
identification card issued by the registrar of motor vehicles	1622
pursuant to section 4507.05 of the Revised Code unless the person,	1623
at the time of such operation, is wearing on the person's head a	1624
protective helmet that has been approved by the United States	1625
department of transportation that conforms with rules adopted by	1626
the director.	1627

~~(2)~~(b) No person shall operate a motorcycle with a valid	1628
temporary instruction permit and temporary instruction permit	1629
identification card issued by the registrar pursuant to section	1630
4507.05 of the Revised Code in any of the following circumstances:	1631

~~(a)~~(i) At any time when lighted lights are required by	1632
division (A)(1) of section 4513.03 of the Revised Code;	1633

~~(b)~~(ii) While carrying a passenger;

1634

~~(c)~~(iii) On any limited access highway or heavily congested	1635
roadway.	1636

(D) Nothing in this section shall be construed as prohibiting	1637
the carrying of a child in a seat or trailer that is designed for	1638
carrying children and is firmly attached to the bicycle.	1639

(E) Except as otherwise provided in this division, whoever	1640
violates division (B) or (C)(1) or (3) of this section is guilty	1641
of a minor misdemeanor. If, within one year of the offense, the	1642
offender previously has been convicted of or pleaded guilty to one	1643
predicate motor vehicle or traffic offense, whoever violates	1644
division (B) or (C)(1) or (3) of this section is guilty of a	1645
misdemeanor of the fourth degree. If, within one year of the	1646
offense, the offender previously has been convicted of two or more	1647
predicate motor vehicle or traffic offenses, whoever violates	1648
division (B) or (C)(1) or (3) of this section is guilty of a	1649
misdemeanor of the third degree.	1650

Sec. 4513.241. (A) The director of public safety, in	1651
accordance with Chapter 119. of the Revised Code, shall adopt	1652
rules governing the use of tinted glass, and the use of	1653
transparent, nontransparent, translucent, and reflectorized	1654
materials in or on motor vehicle windshields, side windows,	1655
sidewings, and rear windows that prevent a person of normal vision	1656
looking into the motor vehicle from seeing or identifying persons	1657
or objects inside the motor vehicle.	1658

(B) The rules adopted under this section may provide for	1659
persons who meet either of the following qualifications:	1660

(1) On November 11, 1994, or the effective date of any rule	1661
adopted under this section, own a motor vehicle that does not	1662
conform to the requirements of this section or of any rule adopted	1663
under this section;	1664

(2) Establish residency in this state and are required to	1665
register a motor vehicle that does not conform to the requirements	1666
of this section or of any rule adopted under this section.	1667

(C) No person shall operate, on any highway or other public	1668
or private property open to the public for vehicular travel or	1669
parking, lease, or rent any motor vehicle that is registered in	1670
this state unless the motor vehicle conforms to the requirements	1671
of this section and of any applicable rule adopted under this	1672
section.	1673

(D) No person shall install in or on any motor vehicle, any	1674
glass or other material that fails to conform to the requirements	1675
of this section or of any rule adopted under this section.	1676

(E)(1) No used motor vehicle dealer or new motor vehicle	1677
dealer, as defined in section 4517.01 of the Revised Code, shall	1678
sell any motor vehicle that fails to conform to the requirements	1679
of this section or of any rule adopted under this section.	1680

(2) No manufacturer, remanufacturer, or distributor, as	1681
defined in section 4517.01 of the Revised Code, shall provide to a	1682
motor vehicle dealer licensed under Chapter 4517. of the Revised	1683
Code or to any other person, a motor vehicle that fails to conform	1684
to the requirements of this section or of any rule adopted under	1685
this section.	1686

(F) No reflectorized materials shall be permitted upon or in	1687
any front windshield, side windows, sidewings, or rear window.	1688

(G) This section does not apply to the manufacturer's tinting	1689
or glazing of motor vehicle windows or windshields that is	1690
otherwise in compliance with or permitted by federal motor vehicle	1691
safety standard number two hundred five.	1692

(H) With regard to any side window behind a driver's seat or	1693
any rear window other than any window on an emergency door, this	1694
section does not apply to any school bus used to transport a child	1695
with disabilities pursuant to Chapter 3323. of the Revised Code,	1696
whom it is impossible or impractical to transport by regular	1697
school bus in the course of regular route transportation provided	1698
by a school district. As used in this division, "child with	1699
disabilities" has the same meaning as in section 3323.01 of the	1700
Revised Code.	1701

(I) This section does not apply to any school bus that is to	1702
be sold and operated outside this state.	1703

(J)(1) Whoever violates division (C), ~~(D),~~ (E)(2), or (F) of	1704
this section is guilty of a minor misdemeanor.	1705

(2) Whoever violates division (E)(1) of this section is	1706
guilty of a minor misdemeanor if the dealer or the dealer's agent	1707
knew of the nonconformity at the time of sale.	1708

(3)(a) Whoever violates division (D) of this section is	1709
guilty of a misdemeanor of the fourth degree, except that an	1710
organization may not be convicted unless the act of installation	1711
was authorized by the board of directors, trustees, partners, or	1712
by a high managerial officer acting on behalf of the organization,	1713
and installation was performed by an employee of the organization	1714
acting within the scope of the person's employment.	1715

(b) In addition to any other penalty imposed under this	1716
section, whoever violates division (D) of this section is liable	1717
in a civil action to the owner of a motor vehicle on which was	1718
installed the nonconforming glass or material for any damages	1719
incurred by that person as a result of the installation of the	1720
nonconforming glass or material, costs of maintaining the civil	1721
action, and attorney fees.	1722

(c) In addition to any other penalty imposed under this	1723
section, if the offender previously has been convicted of or	1724
pleaded guilty to a violation of division (D) of this section and	1725
the offender is a motor vehicle repair operator registered under	1726
Chapter 4775. of the Revised Code or a motor vehicle dealer	1727
licensed under Chapter 4517. of the Revised Code, whoever violates	1728
division (D) of this section is subject to a registration or	1729
license suspension, as applicable, for a period of not more than	1730
one hundred eighty days.	1731

(K)(1) Every county court judge, mayor of a mayor's court,	1732
and clerk of a court of record shall keep a full record of every	1733
case in which a person is charged with any violation of this	1734
section. If a person is convicted of or forfeits bail in relation	1735
to a violation of division (D) of this section, the county court	1736
judge, mayor of a mayor's court, or clerk, within ten days after	1737
the conviction or bail forfeiture, shall prepare and immediately	1738
forward to the motor vehicle repair board and the motor vehicle	1739
dealers board, an abstract, certified by the preparer to be true	1740
and correct, of the court record covering the case in which the	1741
person was convicted or forfeited bail.	1742

(2) The motor vehicle repair board and the motor vehicle	1743
dealers board each shall keep and maintain all abstracts received	1744
under this section. Within ten days after receipt of an abstract,	1745
each board, respectively, shall determine whether the person named	1746
in the abstract is registered or licensed with the board and, if	1747
the person is so registered or licensed, shall proceed in	1748
accordance with section 4775.09 or 4517.33 of the Revised Code, as	1749
applicable, and determine whether the person's registration or	1750
license is to be suspended for a period of not more than one	1751
hundred eighty days.	1752

Sec. 4517.33. The motor vehicle dealers board shall hear	1753
appeals which may be taken from an order of the registrar of motor	1754
vehicles, refusing to issue a license. All appeals from any order	1755
of the registrar refusing to issue any license upon proper	1756
application must be taken within thirty days from the date of the	1757
order, or the order is final and conclusive. All appeals from	1758
orders of the registrar must be by petition in writing and	1759
verified under oath by the applicant whose application for license	1760
has been denied, and must set forth the reason for the appeal and	1761
the reason why, in the petitioner's opinion, the order of the	1762
registrar is not correct. In such appeals the board may make	1763
investigation to determine the correctness and legality of the	1764
order of the registrar.	1765

The board may make rules governing its actions relative to	1766
the suspension and revocation of dealers', motor vehicle leasing	1767
dealers', distributors', auction owners', salespersons', and	1768
construction equipment auction licenses, and may, upon its own	1769
motion, and shall, upon the verified complaint in writing of any	1770
person, investigate the conduct of any licensee under sections	1771
4517.01 to 4517.65 of the Revised Code. The board shall suspend or	1772
revoke or notify the registrar to refuse to renew any dealer's,	1773
motor vehicle leasing dealer's, distributor's, auction owner's,	1774
salesperson's, or construction equipment auction license, if any	1775
ground existed upon which the license might have been refused, or	1776
if a ground exists that would be cause for refusal to issue a	1777
license.	1778

The board may suspend or revoke any license if the licensee	1779
has in any manner violated the rules issued pursuant to sections	1780
4517.01 to 4517.65 of the Revised Code, or has violated section	1781
4501.02 of the Revised Code, or has been convicted of committing a	1782
felony or violating any law that in any way relates to the	1783
selling, taxing, licensing, or regulation of sales of motor	1784
vehicles.	1785

Within ten days after receipt of an abstract from a county	1786
court judge, mayor of a mayor's court, or clerk of a court of	1787
record indicating a violation of division (D) of section 4513.241	1788
of the Revised Code, the board shall determine whether the person	1789
named in the abstract is licensed under this chapter and, if the	1790
person is so licensed, shall further determine whether the person	1791
previously has been convicted of or pleaded guilty to a violation	1792
of that section. If the person previously has been convicted of or	1793
pleaded guilty to a violation of that section, the board, in	1794
accordance with Chapter 119. of the Revised Code but without a	1795
prior hearing, shall suspend the person's license for a period of	1796
not more than one hundred eighty days.	1797

Sec. 4519.01. As used in this chapter:

1798

(A) "Snowmobile" means any self-propelled vehicle designed	1799
primarily for use on snow or ice, and steered by skis, runners, or	1800
caterpillar treads.	1801

(B) "All-purpose vehicle" means any self-propelled vehicle	1802
designed primarily for cross-country travel on land and water, or	1803
on more than one type of terrain, and steered by wheels or	1804
caterpillar treads, or any combination thereof, including vehicles	1805
that operate on a cushion of air, vehicles commonly known as	1806
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	1807
bikes. "All-purpose vehicle" does not include a utility vehicle as	1808
defined in section 4501.01 of the Revised Code or any vehicle	1809
principally used in playing golf, any motor vehicle or aircraft	1810
required to be registered under Chapter 4503. or 4561. of the	1811
Revised Code, and any vehicle excepted from definition as a motor	1812
vehicle by division (B) of section 4501.01 of the Revised Code.	1813

(C) "Owner" means any person or firm, other than a lienholder	1814
or dealer, having title to a snowmobile, off-highway motorcycle,	1815
or all-purpose vehicle, or other right to the possession thereof.	1816

(D) "Operator" means any person who operates or is in actual	1817
physical control of a snowmobile, off-highway motorcycle, or	1818
all-purpose vehicle.	1819

(E) "Dealer" means any person or firm engaged in the business	1820
of manufacturing or selling snowmobiles, off-highway motorcycles,	1821
or all-purpose vehicles at wholesale or retail, or who rents,	1822
leases, or otherwise furnishes snowmobiles, off-highway	1823
motorcycles, or all-purpose vehicles for hire.	1824

(F) "Street or highway" has the same meaning as in section	1825
4511.01 of the Revised Code.	1826

(G) "Limited access highway" and "freeway" have the same	1827
meanings as in section 5511.02 of the Revised Code.	1828

(H) "Interstate highway" means any part of the interstate	1829
system of highways as defined in subsection (e), 90 Stat. 431	1830
(1976), 23 U.S.C.A. 103, as amended.	1831

(I) "Off-highway motorcycle" means every motorcycle, as	1832
defined in section 4511.01 of the Revised Code, that is designed	1833
to be operated primarily on lands other than a street or highway.	1834

(J) "Electronic" and "electronic record" have the same	1835
meanings as in section 4501.01 of the Revised Code.	1836

(K) "Electronic dealer" means a dealer whom the registrar of	1837
motor vehicles designates under section 4519.511 of the Revised	1838
Code.	1839

(L) "Mini-truck" means a vehicle that has four wheels, is	1840
propelled by an electric motor with a rated power of seven	1841
thousand five hundred watts or less or an internal combustion	1842
engine with a piston displacement capacity of six hundred sixty	1843
cubic centimeters or less, has a total dry weight of nine hundred	1844
to two thousand two hundred pounds, contains an enclosed cabin and	1845
a seat for the vehicle operator, resembles a pickup truck or van	1846
with a cargo area or bed located at the rear of the vehicle, and	1847
was not originally manufactured to meet federal motor vehicle	1848
safety standards.	1849

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	1850
and (D) of this section, no person shall operate any snowmobile,	1851
off-highway motorcycle, or all-purpose vehicle within this state	1852
unless the snowmobile, off-highway motorcycle, or all-purpose	1853
vehicle is registered and numbered in accordance with sections	1854
4519.03 and 4519.04 of the Revised Code.	1855

(B)(1) No registration is required for a snowmobile or	1856
off-highway motorcycle that is operated exclusively upon lands	1857
owned by the owner of the snowmobile or off-highway motorcycle, or	1858
on lands to which the owner of the snowmobile or off-highway	1859
motorcycle has a contractual right.	1860

(2) No registration is required for an all-purpose vehicle or	1861
mini-truck that is used primarily for agricultural purposes when	1862
the owner qualifies for the current agricultural use valuation tax	1863
credit, unless it is to be used on any public land, trail, or	1864
right-of-way.	1865

(3) Any all-purpose vehicle or mini-truck exempted from	1866
registration under division (B)(2) of this section and operated	1867
for agricultural purposes may use public roads and rights-of-way	1868
when traveling from one farm field to another, when such use does	1869
not violate section 4519.41 of the Revised Code.	1870

(C) No registration is required for a snowmobile, off-highway	1871
motorcycle, or all-purpose vehicle owned and used in this state by	1872
a resident of another state whenever that state has in effect a	1873
registration law similar to this chapter and the snowmobile,	1874
off-highway motorcycle, or all-purpose vehicle is properly	1875
registered under that state's law. Any snowmobile, off-highway	1876
motorcycle, or all-purpose vehicle owned and used in this state by	1877
a resident of a state not having a registration law similar to	1878
this chapter shall comply with section 4519.09 of the Revised	1879
Code.	1880

(D) No registration is required for a snowmobile, off-highway	1881
motorcycle, or all-purpose vehicle owned and used in this state by	1882
the United States, another state, or a political subdivision	1883
thereof, but the snowmobile, off-highway motorcycle, or	1884
all-purpose vehicle shall display the name of the owner thereon.	1885

(E) The owner or operator of any all-purpose vehicle operated	1886
or used upon the waters in this state shall comply with Chapters	1887
1547. and 1548. of the Revised Code relative to the operation of	1888
watercraft.	1889

(F) Except as otherwise provided in this division, whoever	1890
violates division (A) of this section shall be fined not less than	1891
fifty dollars but not more than one hundred dollars.	1892

Sec. 4775.01. As used in this chapter:

1893

(A) "Motor vehicle" has the same meaning as in section	1894
4501.01 of the Revised Code.	1895

(B) "Collision" means an occurrence in which two or more	1896
objects, whether mobile or stationary, contact one another in a	1897
manner that causes the alteration of the surface, structure, or	1898
appearance, whether separately or collectively, of an object that	1899
is party to the occurrence.	1900

(C) "Collision repair" means any and all restorative or	1901
replacement procedures that are performed on and affect or	1902
potentially affect the structural, life safety, and cosmetic	1903
components of a motor vehicle that has been damaged as a result of	1904
a collision. "Collision repair" also includes any procedure that	1905
is employed for the purpose of repairing, restoring, replacing, or	1906
refinishing, whether wholly or separately, any structural, life	1907
safety, or cosmetic component of a motor vehicle to a condition	1908
approximating or replicating the function, use, or appearance of	1909
the component prior to a collision.	1910

(D) "Motor vehicle collision repair operator" means any	1911
person, sole proprietorship, foreign or domestic partnership,	1912
limited liability corporation, or other legal entity that is not	1913
an employee or agent of a principal and performs five or more	1914
motor vehicle collision repairs in a calendar year.	1915

(E) "Motor vehicle window tint operator" means any person,	1916
sole proprietorship, foreign or domestic partnership, limited	1917
liability corporation, or other legal entity that is not an	1918
employee or agent of a principal and installs tinted glass, or	1919
transparent, nontransparent, translucent, and reflectorized	1920
material in or on five or more motor vehicle windshields, side	1921
windows, sidewings, and rear windows in a calendar year.	1922

(F) "Motor vehicle repair operator" includes a motor vehicle	1923
collision repair operator and a motor vehicle window tint	1924
operator, but does not mean any of the following:	1925

(1) An employee, other than a manager, of a motor vehicle	1926
~~collision~~ repair operator;	1927

(2) A motor vehicle dealer licensed pursuant to sections	1928
4517.01 to 4517.45 of the Revised Code;	1929

(3) A motor vehicle dealer licensed pursuant to sections	1930
4517.01 to 4517.45 of the Revised Code who also is the owner, part	1931
owner, or operator of a motor vehicle collision repair facility or	1932
a motor vehicle window tint installation facility;	1933

(4) A motor vehicle auction owner licensed pursuant to	1934
sections 4517.01 to 4517.45 of the Revised Code;	1935

(5) A motor vehicle leasing dealer licensed pursuant to	1936
sections 4517.01 to 4517.45 of the Revised Code;	1937

(6) A motor vehicle salvage dealer licensed pursuant to	1938
Chapter 4738. of the Revised Code;	1939

(7) A person or lessee who owns or leases ten or more motor	1940
vehicles used principally in connection with any established	1941
business and who does not perform motor vehicle collision repairs	1942
or motor vehicle window tint installation on motor vehicles other	1943
than the motor vehicles used principally in connection with the	1944
established business;	1945

(8) A motor vehicle renting dealer as defined in division	1946
(A)(2) of section 4549.65 of the Revised Code who does not perform	1947
motor vehicle collision repairs or motor vehicle window tint	1948
installation on motor vehicles other than the motor vehicles used	1949
in connection with the established motor vehicle renting business;	1950

(9) A person who performs collision repairs toor motor	1951
vehicle window tint installation on the motor vehicles of a single	1952
commercial, industrial, or governmental establishment exclusively	1953
and does not offer or provide motor vehicle collision repair	1954
service or motor vehicle window tint installation to the general	1955
public;	1956

(10) The owner, part owner, or officer of, or instructor	1957
employed by, an educational institution that provides instruction	1958
in motor vehicle collision repair or motor vehicle window tint	1959
installation while the owner, part owner, officer of, or	1960
instructor is engaging in activity in furtherance of instruction	1961
in motor vehicle collision repair or motor vehicle window tint	1962
installation.	1963

~~(E)~~(G) "Motor vehicle collision repair facility" means a	1964
location from which five or more separate motor vehicle collision	1965
repairs are performed on motor vehicles in a twelve-month period,	1966
commencing with the day of the month in which the first such	1967
repair is made.	1968

(H) "Motor vehicle window tint installation facility" means a	1969
location from which five or more separate motor vehicle window	1970
tint installations are performed on motor vehicles in a	1971
twelve-month period, commencing with the day of the month in which	1972
the first such installation is made.	1973

Sec. 4775.02. (A) No person shall act as a motor vehicle	1974
collision repair operator or motor vehicle window tint operator	1975
unless the person is registered in accordance with this chapter.	1976

(B) Any person or entity that conducts or attempts to conduct	1977
business as a motor vehicle collision repair operator or motor	1978
vehicle window tint operator in violation of this chapter performs	1979
an unfair and deceptive act or practice in violation of section	1980
1345.02 of the Revised Code.	1981

Sec. 4775.03. (A) There is hereby created the ~~board of~~ motor	1982
vehicle ~~collision~~ repair ~~registration~~board consisting of seven	1983
members appointed by the governor, with the advice and consent of	1984
the senate. Each member of the board shall be a resident of the	1985
state. Five members shall be motor vehicle collision repair	1986
operators. One member shall possess expertise in motor vehicle	1987
mechanical repair, and one member shall be a representative of the	1988
public who has no financial interest in the motor vehicle repair	1989
industry.	1990

(B) Within ninety days after ~~the effective date of this~~	1991
~~section~~December 18, 1997, the governor shall make initial	1992
appointments to the board. Of the initial appointees, two are for	1993
terms ending on January 1, 1998, two are for terms ending on	1994
January 1, 1999, two are for terms ending on January 1, 2000, and	1995
one is for a term ending on January 1, 2001. Thereafter, terms of	1996
office are for three years, with each term ending on the same day	1997
of the same month as did the term that it succeeds. Each member	1998
shall hold office from the date of appointment until the end of	1999
the term for which the member was appointed. Vacancies shall be	2000
filled in the manner prescribed for original appointments. Any	2001
member appointed to fill a vacancy occurring prior to the	2002
expiration of the term for which the member's predecessor was	2003
appointed shall hold office for the remainder of the term. A	2004
member shall continue in office subsequent to the expiration date	2005
of the member's term until the member's successor takes office, or	2006
until a period of sixty days has elapsed, whichever occurs first.	2007
No person shall serve as a member of the board for more than two	2008
consecutive full three-year terms.	2009

(C) In making appointments to the board under division (B) of	2010
this section, the governor shall select the motor vehicle	2011
collision repair operator members and the member with expertise in	2012
motor vehicle mechanical repair as provided in this division.	2013
Within thirty days after ~~the effective date of this section~~	2014
December 18, 1997, the automotive service association of Ohio,	2015
inc., shall submit a list containing two names for the motor	2016
vehicle mechanical repair member and twelve names for the motor	2017
vehicle collision repair members and the governor may appoint	2018
individuals from the list to fill those six positions. Thereafter,	2019
within sixty days of a vacancy occurring as a result of the	2020
expiration of a term and within thirty days after other vacancies	2021
occurring on the board, the automotive service association of	2022
Ohio, inc., shall submit a list containing three names for each	2023
vacancy and the governor may appoint one of the individuals from	2024
the list to fill the vacancy. If the automotive service	2025
association of Ohio, inc., for its respective appointees, fails to	2026
make the recommendations to the governor within the time limits	2027
set by this division, the governor shall appoint an individual of	2028
the governor's own choosing provided that the individual meets the	2029
qualifications of division (A) of this section.	2030

(D) Before entering upon the duties of office, each member	2031
shall take an oath of office as required by section 3.22 of the	2032
Revised Code. The governor may remove any member for misconduct,	2033
neglect of duty, incapacity, or malfeasance in accordance with	2034
section 3.04 of the Revised Code.	2035

(E) The board shall meet at least four times each year, and	2036
additional meetings may be held upon the written request of any	2037
four members of the board or upon the call of the chairperson. The	2038
board shall elect from among its membership a chairperson and	2039
vice-chairperson, each of whom shall serve for a term of one year.	2040
A majority of the members of the board constitutes a quorum to	2041
transact and vote on the business of the board. The chairperson	2042
may appoint committees as the chairperson considers necessary to	2043
carry out the duties of the board.	2044

(F) Each member of the board shall receive a per diem amount	2045
fixed pursuant to section 124.15 of the Revised Code when actually	2046
attending to matters of the board and for the time spent in	2047
necessary travel, and all actual and necessary expenses incurred	2048
in the discharge of the member's duties.	2049

Sec. 4775.04. (A) The ~~board of~~ motor vehicle ~~collision~~	2050
repair ~~registration~~board shall do all of the following:	2051

(1) Adopt rules as necessary to carry out the purposes of	2052
this chapter. The rules shall include requirements for the type of	2053
liability insurance required under division (A) of section 4775.07	2054
of the Revised Code. The rules shall permit the use of an	2055
insurance policy issued by any insurer authorized to issue that	2056
type of insurance in this state.	2057

(2) Appoint an executive director to serve at the pleasure of	2058
the board;	2059

(3) Direct the executive director as to how the executive	2060
director shall perform the duties imposed under this chapter;	2061

(4) Consider and make recommendations in regard to all	2062
matters submitted to the board by the executive director;	2063

(5) Determine whether to refuse to issue or renew a	2064
registration certificate or determine whether to waive a	2065
suspension of a registration certificate as provided in division	2066
(D) of section 4775.07 of the Revised Code;	2067

(6) Do all acts and perform all functions as are necessary	2068
for the administration and enforcement of this chapter.	2069

(B) Nothing in this chapter shall be interpreted as granting	2070
the board any authority over a motor vehicle collision repair	2071
operator concerning the quality of work performed in the repair	2072
of, or installation of parts on, motor vehicles.	2073

Sec. 4775.05. (A) The ~~board of~~ motor vehicle ~~collision~~	2074
repair ~~registration~~board shall appoint an individual who is not a	2075
member of the board as a full-time employee of the board to serve	2076
as the executive director of the board. The executive director	2077
shall serve at the pleasure and direction of the board. The	2078
director of administrative services shall establish the executive	2079
director's salary in a pay range as provided in division (J) of	2080
section 124.15 of the Revised Code. The executive director,	2081
subject to the approval of the board, shall determine the office	2082
space, supplies, and professional and clerical assistance	2083
necessary to effectively perform the executive director's duties.	2084

(B) The executive director shall perform all the following	2085
duties:	2086

(1) Review and submit to the board, for its approval,	2087
applications for registration pursuant to section 4775.07 of the	2088
Revised Code;	2089

(2) Issue registration certificates, as approved by the	2090
board, to persons who meet the qualifications for registration	2091
under division (A) of section 4775.07 of the Revised Code;	2092

(3) Maintain a written record of all persons registered	2093
pursuant to section 4775.07 of the Revised Code. The record shall	2094
include the name, address, and motor vehicle ~~collision~~ repair	2095
registration certificate number of each registered motor vehicle	2096
~~collision~~ repair operator. The executive director shall make this	2097
record available to any person upon request and payment of a fee	2098
sufficient to cover the cost of copying the record.	2099

(4) Collect all fees pursuant to section 4775.08 of the	2100
Revised Code;	2101

(5) Appoint enforcement officers as needed to assist the	2102
executive director in carrying out this chapter, who shall serve	2103
at the pleasure of the director;	2104

(6) Gather evidence of violations of this chapter by any	2105
person or motor vehicle ~~collision~~ repair operator, or any partner	2106
or officer of any motor vehicle ~~collision~~ repair operator, and,	2107
upon reasonable belief that a violation has occurred, present the	2108
evidence to the board for its consideration. Nothing in division	2109
(B)(6) of this section shall be construed as authorizing the	2110
executive director or the board to enforce any provision of law	2111
other than this chapter. If, however, the executive director or	2112
board, in conducting investigations under those sections,	2113
determines or suspects that a person has violated any other	2114
provision of law, the executive director or board shall notify the	2115
governmental entity that is responsible for enforcement of that	2116
provision of law.	2117

(7) Serve as secretary of the board and maintain a written	2118
record of all of the proceedings of the board;	2119

(8) Notify all motor vehicle ~~collision~~ repair operators of	2120
changes in ~~the motor vehicle collision repair law~~this chapter and	2121
rules adopted pursuant to ~~that law~~this chapter;	2122

(9) Do all other things requested by the board for the	2123
administration and enforcement of this chapter.	2124

(C) The executive director may provide information that is	2125
relevant to motor vehicle collision repair to motor vehicle	2126
collision repair operators or other persons, that is relevant to	2127
motor vehicle window tint installation to motor vehicle window	2128
tint installation operators or other persons, and may communicate	2129
with any person, or respond to communications from any person, in	2130
matters pertaining to motor vehicle collision repair or window	2131
tint installation.	2132

Sec. 4775.06. An enforcement officer appointed by the	2133
executive director to assist the executive director in carrying	2134
out this chapter shall report to the executive director and the	2135
~~board of~~ motor vehicle ~~collision~~ repair ~~registration~~board the	2136
name and address of any motor vehicle ~~collision~~ repair operator	2137
that the officer has reasonable grounds to believe is operating in	2138
violation of this chapter, and shall notify the operator of the	2139
suspected violation. Within sixty days after notification is sent,	2140
an enforcement officer shall determine whether the motor vehicle	2141
~~collision~~ repair operator who has been notified of a suspected	2142
violation has come into compliance with the requirements of this	2143
chapter. If the motor vehicle ~~collision~~ repair operator fails to	2144
correct the suspected violation within sixty days after the date	2145
the operator receives the notification, the enforcement officer	2146
shall notify the executive director and the board of the	2147
operator's failure to correct the suspected violation. Upon	2148
receiving a second notification of an operator's failure to comply	2149
with this chapter, the executive director shall notify the	2150
government entity having enforcement authority over the condition	2151
or activity giving rise to the suspected violation in writing of	2152
the condition or activity, the nature of the suspected violation,	2153
and the name and address of the operator suspected of violating	2154
this chapter. An enforcement officer shall monitor periodically	2155
the progress of any action taken in connection with the suspected	2156
violation with the appropriate government entity, including any	2157
investigation or charges that are filed in connection with the	2158
suspected violation. Upon obtaining such information, the	2159
executive director or the enforcement officer monitoring such	2160
progress shall notify the board of the progress of the suspected	2161
violation and any accompanying investigation, charges, or other	2162
action taken in connection with the suspected violation.	2163

Sec. 4775.07. (A) Any person required to be registered as a	2164
motor vehicle ~~collision~~ repair operator shall apply to the ~~board~~	2165
of motor vehicle ~~collision~~ repair ~~registration~~board upon forms	2166
prescribed by the board. The forms shall contain sufficient	2167
information to identify the applicant, including name, address,	2168
state tax identification number, and any other identifying data	2169
prescribed by rule of the board. If the applicant is a	2170
partnership, identifying data as prescribed by the board may be	2171
required for each partner. If the applicant is a corporation,	2172
identifying data may be required for each officer of the	2173
corporation and each person in charge of each place of the motor	2174
vehicle ~~collision~~ repair operator's business in this state. The	2175
applicant shall affirm the application by oath. The applicant	2176
shall include with the application the initial registration fee	2177
set forth in section 4775.08 of the Revised Code and proof	2178
satisfactory to the board that the applicant has a current state	2179
and federal tax identification number, a valid vendor's license	2180
issued pursuant to section 5739.17 of the Revised Code, a United	2181
States environmental protection agency identification number	2182
issued under the "Resource Conservation and Recovery Act of 1976,"	2183
90 Stat. 2795, 42 U.S.C.A. 6901, as amended, and regulations	2184
adopted under that act, general liability insurance and liability	2185
insurance that protects a person against liability for damage to	2186
motor vehicles in the applicant's care, custody, or control in an	2187
amount and form that conforms to the rules the board adopts under	2188
section 4775.04 of the Revised Code, and coverage under Chapters	2189
4123. and 4141. of the Revised Code. In addition, the applicant	2190
shall affirm that the applicant is in compliance with all	2191
applicable federal and state statutes and rules and all local	2192
ordinances and resolutions, including all applicable zoning	2193
regulations.	2194

(B) Upon receipt of the completed application form and fees	2195
and after the board determines that the applicant meets the	2196
requirements for registration under division (A) of this section,	2197
the board shall direct the executive director to issue a	2198
registration certificate to the applicant for each place of	2199
business. The motor vehicle ~~collision~~ repair operator shall	2200
display the registration certificate in a conspicuous place on the	2201
premises of the business for which the registration is obtained.	2202

(C) Each registration certificate issued under this section	2203
expires annually on the date of its original issuance and may be	2204
renewed in accordance with the standard renewal procedure of	2205
Chapter 4745. of the Revised Code. The application for a renewal	2206
of a registration certificate shall be accompanied by the same	2207
information and proof as is required to accompany an initial	2208
application under division (A) of this section.	2209

(D) When a motor vehicle ~~collision~~ repair operator	2210
experiences a change in any information or data required under	2211
division (A) of this section or by rule of the board for	2212
registration as a motor vehicle ~~collision~~ repair operator, the	2213
motor vehicle ~~collision~~ repair operator shall submit written	2214
notification of the change to the board within sixty days after	2215
the date that the information becomes obsolete. If a motor vehicle	2216
~~collision~~ repair operator fails to submit the written notification	2217
of a change in information or data within sixty days after the	2218
change in information or data, the operator's registration	2219
certificate is automatically suspended, except that the board may	2220
waive the suspension for good cause shown.	2221

(E) Notwithstanding section 5703.21 of the Revised Code, the	2222
department of taxation may disclose to the board any information	2223
necessary for the board to verify the existence of an applicant's	2224
valid vendor's license and current state tax identification	2225
number.	2226

Sec. 4775.08. (A) The initial and annual renewal fee for a	2227
motor vehicle ~~collision~~ repair registration certificate and for a	2228
temporary motor vehicle ~~collision~~ repair registration certificate	2229
is one hundred fifty dollars for each business location at which	2230
the motor vehicle ~~collision~~ repair operator conducts business as	2231
an operator, except that the ~~board of~~ motor vehicle ~~collision~~	2232
repair ~~registration~~board, with the approval of the controlling	2233
board, may establish fees in excess of or less than that amount,	2234
provided that such fees do not exceed or are not less than that	2235
amount by more than fifty per cent.	2236

The board shall adjust the fees as necessary in order to	2237
provide for the expenses associated with carrying out this	2238
chapter.	2239

(B) If the board has notified or attempted to notify a motor	2240
vehicle ~~collision~~ repair operator that the operator is required to	2241
be registered under this chapter, and the operator fails to	2242
register, the initial fee for the registration of such an	2243
unregistered operator for each business location at which the	2244
operator conducts business as an operator, is the initial fee then	2245
in effect plus an additional amount equal to the initial fee then	2246
in effect for each calendar year that the operator is not	2247
registered after the board has notified or attempted to notify the	2248
operator.	2249

(C) The board shall deposit all fees and fines collected	2250
under this chapter into the occupational licensing and regulatory	2251
fund created by section 4743.05 of the Revised Code.	2252

Sec. 4775.09. (A)(1) In accordance with Chapter 119. of the	2253
Revised Code, the ~~board of~~ motor ~~vehicles collision~~vehicle repair	2254
~~registration~~board may refuse to issue or renew a registration	2255
certificate or may determine whether to waive a suspension of a	2256
registration certificate as provided in division (D) of section	2257
4775.07 of the Revised Code.	2258

(2) Within ten days after receipt of an abstract from a	2259
county court judge, mayor of a mayor's court, or clerk of a court	2260
of record indicating a violation of division (D) of section	2261
4513.241 of the Revised Code, the board shall determine whether	2262
the person named in the abstract is registered with the board and,	2263
if the person is so registered, shall further determine whether	2264
the person previously has been convicted of or pleaded guilty to a	2265
violation of that section. If the person previously has been	2266
convicted of or pleaded guilty to a violation of that section, the	2267
board, in accordance with Chapter 119. of the Revised Code but	2268
without a prior hearing, shall suspend the person's registration	2269
for a period of not more than one hundred eighty days.	2270

(B) The court of common pleas ~~for the~~of Franklin county in	2271
~~which~~has exclusive jurisdiction over any person who conducts, or	2272
attempts to conduct, business as a motor vehicle ~~collision~~ repair	2273
operator in violation of this chapter or any rule adopted under	2274
this chapter ~~may~~. The court, on application of the board, may	2275
issue an injunction, a cease and desist order, or other	2276
appropriate order restraining the person from continuing the	2277
violation. This section shall operate in addition to and shall not	2278
prohibit the enforcement of any other law.	2279

(C) Upon the request of the executive director or as a result	2280
of complaints, the board shall investigate the alleged violation.	2281

(D) No person required to be registered under this chapter	2282
shall have the benefit of any lien for labor or materials unless	2283
the person is registered under this chapter.	2284

(E) No person whose application for registration under this	2285
chapter is denied shall open or operate a facility for business as	2286
a motor vehicle collision repair facility or motor vehicle window	2287
tint installation facility under the name of the person designated	2288
in the application for a registration certificate or under any	2289
other name prior to registering as a motor vehicle ~~collision~~	2290
repair operator in accordance with this chapter.	2291

Sec. 4775.10. (A) A motor vehicle ~~collision~~ repair operator	2292
who substantially complies with the requirements of this chapter	2293
for registration as a motor vehicle ~~collision~~ repair operator and	2294
who is making a good faith effort toward achieving compliance with	2295
all requirements of this chapter may obtain a temporary motor	2296
vehicle ~~collision~~ repair registration certificate. Following the	2297
application of, and payment of a fee by a motor vehicle ~~collision~~	2298
repair operator, the ~~board of~~ motor vehicle ~~collision~~ repair	2299
~~registration~~board, in its discretion, may direct the executive	2300
director to issue a temporary registration certificate to a motor	2301
vehicle ~~collision~~ repair operator the board finds to be in	2302
substantial compliance with the requirements of this chapter for	2303
registration and who is making a good faith effort toward	2304
achieving compliance with all requirements of this chapter.	2305

Except as otherwise provided in division (C) of this section,	2306
a temporary registration certificate is effective for one year	2307
from the date of issuance or until the date the motor vehicle	2308
~~collision~~ repair operator obtains a regular motor vehicle	2309
~~collision~~ repair registration certificate under this chapter,	2310
whichever date occurs first. If a motor vehicle ~~collision~~ repair	2311
operator obtains a regular registration certificate prior to the	2312
expiration of the operator's temporary registration certificate, a	2313
portion of the fee paid by the motor vehicle ~~collision~~ repair	2314
operator to obtain the temporary registration certificate shall be	2315
applied to the fee imposed under section 4775.08 of the Revised	2316
Code to obtain a regular registration certificate in an amount	2317
that corresponds to the portion of the year the operator is not	2318
utilizing the temporary registration certificate.	2319

Upon receiving direction from the board, the executive	2320
director shall issue a temporary registration certificate.	2321

(B) The board shall adopt rules in accordance with Chapter	2322
119. of the Revised Code that specify criteria a motor vehicle	2323
~~collision~~ repair operator shall meet in order to be considered to	2324
be in substantial compliance with the registration requirements of	2325
this chapter, and that specify criteria a motor vehicle ~~collision~~	2326
repair operator shall meet in order to be considered as making a	2327
good faith effort toward achieving compliance with all	2328
requirements of this chapter. The board shall consider the impact	2329
of the rules it adopts under this division on encouraging	2330
competition between all motor vehicle ~~collision~~ repair operators	2331
and not impairing the ability of operators who have been in the	2332
motor vehicle ~~collision~~ repair business for less than one year to	2333
succeed in the market place.	2334

(C) A temporary motor vehicle ~~collision~~ repair registration	2335
may be renewed not more than four consecutive times. A motor	2336
vehicle ~~collision~~ repair operator may apply for the renewal of a	2337
temporary registration certificate prior to the expiration of a	2338
temporary registration certificate. The board shall consider an	2339
application for the renewal of a temporary registration	2340
certificate. The board may direct the executive director to renew	2341
a temporary registration certificate of an applicant who meets the	2342
requirements set forth in division (A) of this section for	2343
obtaining a temporary registration certificate. Upon	2344
recommendation by the board, the executive director shall issue a	2345
renewal of an applicant's temporary registration certificate.	2346
Neither the board nor the executive director shall renew a	2347
person's temporary registration certificate more than four	2348
consecutive times.	2349

A renewal of a temporary motor vehicle ~~collision~~ repair	2350
registration certificate is effective for one year from the date	2351
of issuance of the renewal of registration. A temporary	2352
registration certificate shall continue in effect during the	2353
period in which an applicant is being considered for renewal if	2354
the applicant applies for renewal prior to the expiration of the	2355
temporary registration certificate.	2356

Sec. 4775.11. It is the intent of the general assembly to	2357
preempt any local ordinance, resolution, or other law adopted or	2358
enacted after ~~the effective date of this section~~December 18,	2359
1997, that is limited to the registration of persons engaged in	2360
business as motor vehicle ~~collision~~ repair operators in a manner	2361
corresponding to the provisions of this chapter. This chapter does	2362
not preempt any local law adopted or enacted prior to ~~the~~	2363
~~effective date of this section~~December 18, 1997 for motor vehicle	2364
collision repair operators or the effective date of this amendment	2365
for motor vehicle window tint operators, or that may require	2366
registration or licensure as a component of imposing additional	2367
requirements on persons engaged in business as motor vehicle	2368
~~collision~~ repair operators or technicians. Nor does it preempt the	2369
enforcement of any local law regulating motor vehicle ~~collision~~	2370
repair operators or technicians, including building, zoning,	2371
health, safety, or other similar codes or laws.	2372

Sec. 4775.99. (A) Whoever violates section 4775.02 of the	2373
Revised Code shall be fined not more than one thousand dollars on	2374
a first offense. On each subsequent offense, the offender shall be	2375
fined not less than one thousand nor more than five thousand	2376
dollars.	2377

(B) After conducting an investigation and upon establishing	2378
that a violation of section 4775.02 of the Revised Code has	2379
occurred, the ~~board of~~ motor vehicle ~~collision~~ repair ~~registration~~	2380
board, in addition to any other action it may take or any other	2381
penalty imposed pursuant to this chapter, may impose an	2382
administrative fine on the person or entity that committed the	2383
violation in an amount of not more than one thousand dollars on a	2384
first offense. On each subsequent offense, the board may impose an	2385
administrative fine of not less than one thousand dollars nor more	2386
than five thousand dollars. If the administrative fine is not	2387
paid, the attorney general, upon the board's request, shall	2388
commence a civil action to collect the administrative fine.	2389

Sec. 5703.21. (A) Except as provided in divisions (B) and	2390
(C) of this section, no agent of the department of taxation,	2391
except in the agent's report to the department or when called on	2392
to testify in any court or proceeding, shall divulge any	2393
information acquired by the agent as to the transactions,	2394
property, or business of any person while acting or claiming to	2395
act under orders of the department. Whoever violates this	2396
provision shall thereafter be disqualified from acting as an	2397
officer or employee or in any other capacity under appointment or	2398
employment of the department.	2399

(B)(1) For purposes of an audit pursuant to section 117.15 of	2400
the Revised Code, or an audit of the department pursuant to	2401
Chapter 117. of the Revised Code, or an audit, pursuant to that	2402
chapter, the objective of which is to express an opinion on a	2403
financial report or statement prepared or issued pursuant to	2404
division (A)(7) or (9) of section 126.21 of the Revised Code, the	2405
officers and employees of the auditor of state charged with	2406
conducting the audit shall have access to and the right to examine	2407
any state tax returns and state tax return information in the	2408
possession of the department to the extent that the access and	2409
examination are necessary for purposes of the audit. Any	2410
information acquired as the result of that access and examination	2411
shall not be divulged for any purpose other than as required for	2412
the audit or unless the officers and employees are required to	2413
testify in a court or proceeding under compulsion of legal	2414
process. Whoever violates this provision shall thereafter be	2415
disqualified from acting as an officer or employee or in any other	2416
capacity under appointment or employment of the auditor of state.	2417

(2) For purposes of an internal audit pursuant to section	2418
126.45 of the Revised Code, the officers and employees of the	2419
office of internal auditing in the office of budget and management	2420
charged with conducting the internal audit shall have access to	2421
and the right to examine any state tax returns and state tax	2422
return information in the possession of the department to the	2423
extent that the access and examination are necessary for purposes	2424
of the internal audit. Any information acquired as the result of	2425
that access and examination shall not be divulged for any purpose	2426
other than as required for the internal audit or unless the	2427
officers and employees are required to testify in a court or	2428
proceeding under compulsion of legal process. Whoever violates	2429
this provision shall thereafter be disqualified from acting as an	2430
officer or employee or in any other capacity under appointment or	2431
employment of the office of internal auditing.	2432

(3) As provided by section 6103(d)(2) of the Internal Revenue	2433
Code, any federal tax returns or federal tax information that the	2434
department has acquired from the internal revenue service, through	2435
federal and state statutory authority, may be disclosed to the	2436
auditor of state or the office of internal auditing solely for	2437
purposes of an audit of the department.	2438

(4) For purposes of Chapter 3739. of the Revised Code, an	2439
agent of the department of taxation may share information with the	2440
division of state fire marshal that the agent finds during the	2441
course of an investigation.	2442

(C) Division (A) of this section does not prohibit any of the	2443
following:	2444

(1) Divulging information contained in applications,	2445
complaints, and related documents filed with the department under	2446
section 5715.27 of the Revised Code or in applications filed with	2447
the department under section 5715.39 of the Revised Code;	2448

(2) Providing information to the office of child support	2449
within the department of job and family services pursuant to	2450
section 3125.43 of the Revised Code;	2451

(3) Disclosing to the ~~board of~~ motor vehicle ~~collision~~ repair	2452
~~registration~~board any information in the possession of the	2453
department that is necessary for the board to verify the existence	2454
of an applicant's valid vendor's license and current state tax	2455
identification number under section 4775.07 of the Revised Code;	2456

(4) Providing information to the administrator of workers'	2457
compensation pursuant to sections 4123.271 and 4123.591 of the	2458
Revised Code;	2459

(5) Providing to the attorney general information the	2460
department obtains under division (J) of section 1346.01 of the	2461
Revised Code;	2462

(6) Permitting properly authorized officers, employees, or	2463
agents of a municipal corporation from inspecting reports or	2464
information pursuant to rules adopted under section 5745.16 of the	2465
Revised Code;	2466

(7) Providing information regarding the name, account number,	2467
or business address of a holder of a vendor's license issued	2468
pursuant to section 5739.17 of the Revised Code, a holder of a	2469
direct payment permit issued pursuant to section 5739.031 of the	2470
Revised Code, or a seller having a use tax account maintained	2471
pursuant to section 5741.17 of the Revised Code, or information	2472
regarding the active or inactive status of a vendor's license,	2473
direct payment permit, or seller's use tax account;	2474

(8) Releasing invoices or invoice information furnished under	2475
section 4301.433 of the Revised Code pursuant to that section;	2476

(9) Providing to a county auditor notices or documents	2477
concerning or affecting the taxable value of property in the	2478
county auditor's county. Unless authorized by law to disclose	2479
documents so provided, the county auditor shall not disclose such	2480
documents;	2481

(10) Providing to a county auditor sales or use tax return or	2482
audit information under section 333.06 of the Revised Code;	2483

(11) Subject to section 4301.441 of the Revised Code,	2484
disclosing to the appropriate state agency information in the	2485
possession of the department of taxation that is necessary to	2486
verify a permit holder's gallonage or noncompliance with taxes	2487
levied under Chapter 4301. or 4305. of the Revised Code;	2488

(12) Disclosing to the department of natural resources	2489
information in the possession of the department that is necessary	2490
to verify the taxpayer's compliance with division (A)(1), (8), or	2491
(9) of section 5749.02 of the Revised Code and information	2492
received pursuant to section 1509.50 of the Revised Code	2493
concerning the amount due under that section;	2494

(13) Disclosing to the department of job and family services,	2495
industrial commission, and bureau of workers' compensation	2496
information in the possession of the department of taxation solely	2497
for the purpose of identifying employers that misclassify	2498
employees as independent contractors or that fail to properly	2499
report and pay employer tax liabilities. The department of	2500
taxation shall disclose only such information that is necessary to	2501
verify employer compliance with law administered by those	2502
agencies.	2503

(14) Disclosing to the Ohio casino control commission	2504
information in the possession of the department of taxation that	2505
is necessary to verify a taxpayer's compliance with section	2506
5753.02 of the Revised Code and sections related thereto.	2507

Section 2. That existing sections 4501.01, 4501.13, 4503.04,	2508
4503.21, 4503.22, 4503.544, 4507.01, 4507.05, 4507.06, 4507.11,	2509
4511.01, 4511.53, 4513.241, 4517.33, 4519.01, 4519.02, 4775.01,	2510
4775.02, 4775.03, 4775.04, 4775.05, 4775.06, 4775.07, 4775.08,	2511
4775.09, 4775.10, 4775.11, 4775.99, and 5703.21 of the Revised	2512
Code are hereby repealed.	2513

Section 3. Section 4507.11 of the Revised Code is presented	2514
in this act as a composite of the section as amended by both Am.	2515
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. The	2516
General Assembly, applying the principle stated in division (B) of	2517
section 1.52 of the Revised Code that amendments are to be	2518
harmonized if reasonably capable of simultaneous operation, finds	2519
that the composite is the resulting version of the section in	2520
effect prior to the effective date of the section as presented in	2521
this act.	2522