Sec. 1345.52. There is hereby created in the state treasury | 12 |
the title defect recision fund. The fund shall consist of money | 13 |
collected under section 4505.09 of the Revised Code when a motor | 14 |
vehicle dealer is issued a certificate of title, money collected | 15 |
under section 4517.10 of the Revised Code when the registrar of | 16 |
motor vehicles grants the initial application of a person for a | 17 |
license as a motor vehicle dealer or motor vehicle leasing dealer, | 18 |
money collected under division (L) of section 4517.22 of the | 19 |
Revised Code, money paid to the attorney general by motor vehicle | 20 |
dealers under division (A)(2) of section 4505.181 of the Revised | 21 |
Code for deposit into the fund, the proceeds of all sales | 22 |
conducted and collections obtained by the attorney general under | 23 |
division (E) of that section, and any recoveries to the fund | 24 |
obtained by the attorney general in actions filed under section | 25 |
1345.07 of the Revised Code for violations of section 4505.181 of | 26 |
the Revised Code. | 27 |
Money in the fund shall be used solely for maintaining and | 28 |
administering the fund, providing restitution or other remedies | 29 |
pursuant to division (E)(1) or (F) of section 4505.181 of the | 30 |
Revised Code to retail purchasers of motor vehicles who suffer | 31 |
damages due to failure of a motor vehicle dealer or person acting | 32 |
on behalf of such a dealer to comply with that section, and | 33 |
pursuit of deficiencies in the fund caused by the failure of motor | 34 |
vehicle dealers to comply with divisions (A), (B), and (G) of that | 35 |
section. The attorney general may adopt rules governing the | 36 |
maintenance and administration of the fund. | 37 |
A manufacturer or, distributor, or retail seller of utility | 48 |
trailers or trailers for transporting motorcycles, snowmobiles, or | 49 |
all-purpose vehicles may apply for registration with the registrar | 50 |
of motor vehicles for each place in this state where the | 51 |
manufacturer or, distributor, or retail seller carries on the | 52 |
business of manufacturing or, distributing, or selling at retail | 53 |
such trailers. Applications for annual registration shall be made | 54 |
at the time provided for payment of the tax imposed by section | 55 |
4503.09 of the Revised Code; shall be in the manner to be | 56 |
prescribed by the registrar; and shall be accompanied by an | 57 |
affidavit certifying that the applicant is a manufacturer or, | 58 |
distributor, or retail seller of utility trailers or trailers for | 59 |
transporting motorcycles, snowmobiles, or all-purpose vehicles. | 60 |
The fee for such registration shall be twenty-five dollars and | 61 |
shall not be reduced when the registration is for a part of a | 62 |
year. | 63 |
Upon the filing of the application and affidavit, and payment | 64 |
of the fee and appropriate postage as required by the registrar, | 65 |
the registrar shall assign to the applicant a distinctive number | 66 |
which shall be displayed on the rear of each trailer when it is | 67 |
operated on the public highway. Any trailer for transporting | 68 |
motorcycles, snowmobiles, or all-purpose vehicles that is not | 69 |
loaded may be operated on the public highway until it is sold or | 70 |
transferred; and any utility trailer that is not loaded, or that | 71 |
is being used to transport another utility trailer for purposes of | 72 |
demonstration or delivery, may be operated on the public highway | 73 |
until it is sold or transferred. | 74 |
At the time the registrar assigns the distinctive number, the | 75 |
registrar shall furnish one placard with the number thereon. The | 76 |
manufacturer or, distributor, or retail seller may procure a | 77 |
reasonable number of certified copies of the registration | 78 |
certificate upon the payment of a fee of five dollars and postage. | 79 |
With each of such certified copies, the registrar shall furnish | 80 |
one placard with the same number provided in the original | 81 |
registration certificate, and shall add thereto such special | 82 |
designation as necessary to distinguish one set of placards from | 83 |
another. All placards furnished by the registrar pursuant to this | 84 |
section shall be so marked as to be distinguishable from placards | 85 |
issued to dealers in or manufacturers of motor vehicles or | 86 |
trailers for transporting watercraft. | 87 |
(F) "Engaging in business" means commencing, conducting, or | 113 |
continuing in business, or liquidating a business when the | 114 |
liquidator thereof holds self out to be conducting such business; | 115 |
making a casual sale or otherwise making transfers in the ordinary | 116 |
course of business when the transfers are made in connection with | 117 |
the disposition of all or substantially all of the transferor's | 118 |
assets is not engaging in business. | 119 |
(L) "Used motor vehicle dealer" means any person engaged in | 139 |
the business of selling, displaying, offering for sale, or dealing | 140 |
in used motor vehicles, at retail or wholesale, but does not mean | 141 |
any new motor vehicle dealer selling, displaying, offering for | 142 |
sale, or dealing in used motor vehicles incidentally to engaging | 143 |
in the business of selling, displaying, offering for sale, or | 144 |
dealing in new motor vehicles, any person engaged in the business | 145 |
of dismantling, salvaging, or rebuilding motor vehicles by means | 146 |
of using used parts, or any public officer performing official | 147 |
duties. | 148 |
(M) "Motor vehicle leasing dealer" means any person engaged | 149 |
in the business of regularly making available, offering to make | 150 |
available, or arranging for another person to use a motor vehicle | 151 |
pursuant to a bailment, lease, sublease, or other contractual | 152 |
arrangement under which a charge is made for its use at a periodic | 153 |
rate for a term of thirty days or more, and title to the motor | 154 |
vehicle is in and remains in the motor vehicle leasing dealer who | 155 |
originally leases it, irrespective of whether or not the motor | 156 |
vehicle is the subject of a later sublease, and not in the user, | 157 |
but does not mean a manufacturer or its affiliate leasing to its | 158 |
employees or to dealers. | 159 |
(O) "Casual sale" means any transfer of a motor vehicle by a | 164 |
person other than a new motor vehicle dealer, used motor vehicle | 165 |
dealer, motor vehicle salvage dealer, as defined in division (A) | 166 |
of section 4738.01 of the Revised Code, salesperson, motor vehicle | 167 |
auction owner, manufacturer, or distributor acting in the capacity | 168 |
of a dealer, salesperson, auction owner, manufacturer, or | 169 |
distributor, to a person who purchases the motor vehicle for use | 170 |
as a consumer. | 171 |
(R)(Q) "Manufacturer" means a person who manufactures, | 181 |
assembles, or imports motor vehicles, including motor homes, but | 182 |
does not mean a person who only assembles or installs a body, | 183 |
special equipment unit, finishing trim, or accessories on a motor | 184 |
vehicle chassis supplied by a manufacturer or distributor. | 185 |
(BB)(AA) "Good faith" means honesty in the conduct or | 232 |
transaction concerned and the observance of reasonable commercial | 233 |
standards of fair dealing in the trade as is defined in section | 234 |
1301.201 of the Revised Code, including, but not limited to, the | 235 |
duty to act in a fair and equitable manner so as to guarantee | 236 |
freedom from coercion, intimidation, or threats of coercion or | 237 |
intimidation; provided however, that recommendation, endorsement, | 238 |
exposition, persuasion, urging, or argument shall not be | 239 |
considered to constitute a lack of good faith. | 240 |
(DD)(CC) "Relevant market area" means any area within a | 245 |
radius of ten miles from the site of a potential new dealership, | 246 |
except that for manufactured home or recreational vehicle | 247 |
dealerships the radius shall be twenty-five miles. The ten-mile | 248 |
radius shall be measured from the dealer's established place of | 249 |
business that is used exclusively for the purpose of selling, | 250 |
displaying, offering for sale, or dealing in motor vehicles. | 251 |
(GG)(FF)(1) "Remanufacturer" means a person who assembles or | 261 |
installs passenger seating, walls, a roof elevation, or a body | 262 |
extension on a conversion van with the motor vehicle chassis | 263 |
supplied by a manufacturer or distributor, a person who modifies a | 264 |
truck chassis supplied by a manufacturer or distributor for use as | 265 |
a public safety or public service vehicle, a person who modifies a | 266 |
motor vehicle chassis supplied by a manufacturer or distributor | 267 |
for use as a limousine or hearse, or a person who modifies an | 268 |
incomplete motor vehicle cab and chassis supplied by a new motor | 269 |
vehicle dealer or distributor for use as a tow truck, but does not | 270 |
mean either of the following: | 271 |
(3) For the purposes of division (GG)(FF)(1) of this section, | 285 |
"limousine" means a motor vehicle, designed only for the purpose | 286 |
of carrying nine or fewer passengers, that a person modifies by | 287 |
cutting the original chassis, lengthening the wheelbase by forty | 288 |
inches or more, and reinforcing the chassis in such a way that all | 289 |
modifications comply with all applicable federal motor vehicle | 290 |
safety standards. No person shall qualify as or be deemed to be a | 291 |
remanufacturer who produces limousines unless the person has a | 292 |
written agreement with the manufacturer of the chassis the person | 293 |
utilizes to produce the limousines to complete properly the | 294 |
remanufacture of the chassis into limousines. | 295 |
(4) For the purposes of division (GG)(FF)(1) of this section, | 296 |
"hearse" means a motor vehicle, designed only for the purpose of | 297 |
transporting a single casket, that is equipped with a compartment | 298 |
designed specifically to carry a single casket that a person | 299 |
modifies by cutting the original chassis, lengthening the | 300 |
wheelbase by ten inches or more, and reinforcing the chassis in | 301 |
such a way that all modifications comply with all applicable | 302 |
federal motor vehicle safety standards. No person shall qualify as | 303 |
or be deemed to be a remanufacturer who produces hearses unless | 304 |
the person has a written agreement with the manufacturer of the | 305 |
chassis the person utilizes to produce the hearses to complete | 306 |
properly the remanufacture of the chassis into hearses. | 307 |
(5) For the purposes of division (GG)(FF)(1) of this section, | 308 |
"mobile self-contained facility vehicle" means a mobile classroom | 309 |
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 310 |
testing laboratory, and mobile display vehicle, each of which is | 311 |
designed for purposes other than for passenger transportation and | 312 |
other than the transportation or displacement of cargo, freight, | 313 |
materials, or merchandise. A vehicle is remanufactured into a | 314 |
mobile self-contained facility vehicle in part by the addition of | 315 |
insulation to the body shell, and installation of all of the | 316 |
following: a generator, electrical wiring, plumbing, holding | 317 |
tanks, doors, windows, cabinets, shelving, and heating, | 318 |
ventilating, and air conditioning systems. | 319 |
(a) An incomplete cab and chassis that are purchased by a | 322 |
remanufacturer from a new motor vehicle dealer or distributor of | 323 |
the cab and chassis and on which the remanufacturer then installs | 324 |
in a permanent manner a wrecker body it purchases from a | 325 |
manufacturer or distributor of wrecker bodies, installs an | 326 |
emergency flashing light pylon and emergency lights upon the mast | 327 |
of the wrecker body or rooftop, and installs such other related | 328 |
accessories and equipment, including push bumpers, front grille | 329 |
guards with pads and other custom-ordered items such as painting, | 330 |
special lettering, and safety striping so as to create a complete | 331 |
motor vehicle capable of lifting and towing another motor vehicle. | 332 |
(b) An incomplete cab and chassis that are purchased by a | 333 |
remanufacturer from a new motor vehicle dealer or distributor of | 334 |
the cab and chassis and on which the remanufacturer then installs | 335 |
in a permanent manner a car carrier body it purchases from a | 336 |
manufacturer or distributor of car carrier bodies, installs an | 337 |
emergency flashing light pylon and emergency lights upon the | 338 |
rooftop, and installs such other related accessories and | 339 |
equipment, including push bumpers, front grille guards with pads | 340 |
and other custom-ordered items such as painting, special | 341 |
lettering, and safety striping. | 342 |
(HH)(GG) "Operating as a new motor vehicle dealership" means | 349 |
engaging in activities such as displaying, offering for sale, and | 350 |
selling new motor vehicles at retail, operating a service facility | 351 |
to perform repairs and maintenance on motor vehicles, offering for | 352 |
sale and selling motor vehicle parts at retail, and conducting all | 353 |
other acts that are usual and customary to the operation of a new | 354 |
motor vehicle dealership. For the purposes of this chapter only, | 355 |
possession of either a valid new motor vehicle dealer franchise | 356 |
agreement or a new motor vehicle dealers license, or both of these | 357 |
items, is not evidence that a person is operating as a new motor | 358 |
vehicle dealership. | 359 |
(JJ)(II) "Remote service facility" means premises that are | 363 |
separate from a licensed new motor vehicle dealer's sales facility | 364 |
by not more than one mile and that are used by the dealer to | 365 |
perform repairs, warranty work, recall work, and maintenance on | 366 |
motor vehicles pursuant to a franchise agreement entered into with | 367 |
a manufacturer of motor vehicles. A remote service facility shall | 368 |
be deemed to be part of the franchise agreement and is subject to | 369 |
all the rights, duties, obligations, and requirements of Chapter | 370 |
4517. of the Revised Code that relate to the performance of motor | 371 |
vehicle repairs, warranty work, recall work, and maintenance work | 372 |
by new motor vehicle dealers. | 373 |
(MM)(LL) "Large construction or transportation equipment" | 380 |
means vehicles having a gross vehicle weight rating of more than | 381 |
ten thousand pounds and includes road rollers, traction engines, | 382 |
power shovels, power cranes, commercial cars and trucks, or farm | 383 |
trucks, and other similar vehicles obtained primarily from the | 384 |
construction, mining, transportation or farming industries. | 385 |
Sec. 4517.03. (A) A place of business that is used for | 386 |
selling, displaying, offering for sale, or dealing in motor | 387 |
vehicles shall be considered as used exclusively for those | 388 |
purposes even though snowmobiles, farm machinery, outdoor power | 389 |
equipment, watercraft and related products, or products | 390 |
manufactured or distributed by a motor vehicle manufacturer with | 391 |
which the motor vehicle dealer has a franchise agreement are sold | 392 |
or displayed there, or if repair, accessory, gasoline and oil, | 393 |
storage, parts, service, or paint departments are maintained | 394 |
there, or such products or services are provided there, if the | 395 |
departments are operated or the products or services are provided | 396 |
for the business of selling, displaying, offering for sale, or | 397 |
dealing in motor vehicles. Places of business or departments in a | 398 |
place of business used to dismantle, salvage, or rebuild motor | 399 |
vehicles by means of using used parts, are not considered as being | 400 |
maintained for the purpose of assisting or furthering the selling, | 401 |
displaying, offering for sale, or dealing in motor vehicles. A | 402 |
place of business shall be considered as used exclusively for | 403 |
selling, displaying, offering for sale, or dealing in motor | 404 |
vehicles even though a business owned by a motor vehicle leasing | 405 |
dealer or a motor vehicle renting dealer is located at the place | 406 |
of business. | 407 |
(B)(1)(a) No new motor vehicle dealer shall sell, display, | 408 |
offer for sale, or deal in motor vehicles at any place except an | 409 |
established place of business that is used exclusively for the | 410 |
purpose of selling, displaying, offering for sale, or dealing in | 411 |
motor vehicles. The place of business shall have space, under | 412 |
roof, for the display of at least one new motor vehicle. The | 413 |
established place of business or, if the dealer operates a remote | 414 |
service facility, the dealer's remote service facility shall have | 415 |
facilities and space for the inspection, servicing, and repair of | 416 |
at least one motor vehicle. However a new motor vehicle dealer | 417 |
selling manufactured or mobile homes is exempt from the | 418 |
requirement that a place of business have space, under roof, for | 419 |
the display of at least one new motor vehicle and facilities and | 420 |
space for the inspection, servicing, and repair of at least one | 421 |
motor vehicle. | 422 |
(2) A licensed new motor vehicle dealer may operate a remote | 434 |
service facility with the consent of the manufacturer and only to | 435 |
perform repairs, warranty work, recall work, and maintenance on | 436 |
motor vehicles as part of the dealer's franchised and licensed new | 437 |
motor vehicle dealership. The remote service facility shall be | 438 |
included on the new motor vehicle dealer's license and be deemed | 439 |
to be part of the dealer's licensed location. | 440 |
(D) No motor vehicle leasing dealer shall make a motor | 448 |
vehicle available for use by another, in the manner described in | 449 |
division (M) of section 4517.01 of the Revised Code, at any place | 450 |
except an established place of business that is used for leasing | 451 |
motor vehicles; except that a motor vehicle leasing dealer who is | 452 |
also a new motor vehicle dealer or used motor vehicle dealer may | 453 |
lease motor vehicles at the same place of business at which the | 454 |
dealer sells, offers for sale, or deals in new or used motor | 455 |
vehicles. | 456 |
(F) No distributor shall distribute new motor vehicles to new | 473 |
motor vehicle dealers at any place except an established place of | 474 |
business that is used exclusively for the purpose of distributing | 475 |
new motor vehicles to new motor vehicle dealers; except that a | 476 |
distributor who is also a new motor vehicle dealer may distribute | 477 |
new motor vehicles at the same place of business at which the | 478 |
distributor sells, displays, offers for sale, or deals in new | 479 |
motor vehicles. | 480 |
(G) No person, firm, or corporation that sells, displays, or | 481 |
offers for sale tent-type fold-out camping trailers is subject to | 482 |
the requirement that the person's, firm's, or corporation's place | 483 |
of business be used exclusively for the purpose of selling, | 484 |
displaying, offering for sale, or dealing in motor vehicles. No | 485 |
person, firm, or corporation that sells, displays, or offers for | 486 |
sale tent-type fold-out camping trailers, trailers, semitrailers, | 487 |
or park trailers is subject to the requirement that the place of | 488 |
business have space, under roof, for the display of at least one | 489 |
new motor vehicle and facilities and space for the inspection, | 490 |
servicing, and repair of at least one motor vehicle. | 491 |
(3) "Livestock trailer" means a new or used trailer designed | 510 |
by its manufacturer to be used to transport horses or to transport | 511 |
animals generally used for food or in the production of food, | 512 |
including cattle, sheep, goats, rabbits, poultry, swine, and any | 513 |
other animals included by the director of agriculture in rules | 514 |
adopted under section 901.72 of the Revised Code. | 515 |
(5) "Motor vehicle show" means a display of new motor | 519 |
vehicles that lasts not more than ten days by more than one new | 520 |
motor vehicle dealer dealing in competitive types of motor | 521 |
vehicles and that is authorized by the registrar of motor vehicles | 522 |
primarily to allow the general public an opportunity to compare | 523 |
and inspect a variety of makes and models simultaneously, test | 524 |
drive vehicles, and gain an understanding of new technology and | 525 |
available features. | 526 |
(2) Notassigned by the sponsor if, not less than thirty days | 537 |
before the planned opening date of the motor vehicle show, the | 538 |
group requestssponsor executes and receives permission to hold | 539 |
the show fromfiles with the registrar of motor vehiclesan | 540 |
affidavit, in a form prescribed by the registrar, that certifies | 541 |
that all requirements of this section have been or will be met, as | 542 |
applicable. | 543 |
If the registrar approves the affidavit, the registrar shall | 544 |
grant the sponsor permission to conduct the motor vehicle show. If | 545 |
the registrar determines that there is a deficiency in the | 546 |
affidavit, the registrar shall inform the sponsor of the | 547 |
deficiency as soon possible after the registrar receives the | 548 |
affidavit so that the sponsor has the opportunity to remedy the | 549 |
deficiency. The registrar also shall describe with specificity the | 550 |
measures the sponsor is required to take in order to cure the | 551 |
deficiency. The sponsor shall return the corrected affidavit to | 552 |
the registrar not later than before the planned opening date of | 553 |
the motor vehicle show in order for the sponsor to be eligible to | 554 |
hold the show. If the registrar finds that the deficiency has been | 555 |
cured in the corrected affidavit, the registrar shall grant the | 556 |
sponsor permission to conduct the motor vehicle show. If the | 557 |
registrar finds that the deficiency has not been cured, the | 558 |
registrar shall deny the sponsor permission to conduct the motor | 559 |
vehicle show. | 560 |
(D) No person except a(E) A manufacturer or distributor | 571 |
shallmay hold in any public place a motor vehicle show at which | 572 |
only one motor vehicle is displayed, andbut no such single unit | 573 |
show shall be held unless the manufacturer or distributor requests | 574 |
executes and
receives permission fromfiles with the registrar | 575 |
not less than thirty days before the show an affidavit, in a form | 576 |
prescribed by the registrar, that certifies that all requirements | 577 |
of this section have been or will be met, as applicable, and | 578 |
subsequently receives approval of that affidavit from the | 579 |
registrar. | 580 |
(G)(H) No motor vehicle dealer, motor vehicle leasing dealer, | 589 |
motor vehicle auction owner, or distributor licensed under | 590 |
sections 4517.01 to 4517.45 of the Revised Code shall display a | 591 |
motor vehicle at any place except the dealer's, owner's, or | 592 |
distributor's licensed location, unless the dealer, owner, or | 593 |
distributor first obtains permission from the registrar and | 594 |
complies with the applicable rules of the motor vehicle dealers | 595 |
board or the display is authorized pursuant to section 4517.221 of | 596 |
the Revised Code. | 597 |
(H)(I) Nothing contained in this section shall be construed | 598 |
as prohibiting the display of, the taking of orders for, or the | 599 |
sale of, livestock trailers at livestock and agricultural shows, | 600 |
including county fairs. Notwithstanding section 4517.03 of the | 601 |
Revised Code, livestock trailers may be sold at livestock and | 602 |
agricultural shows, including county fairs, as permitted by this | 603 |
division. | 604 |
As used in this division, "livestock trailer" means a new or | 605 |
used trailer designed by its manufacturer to be used to transport | 606 |
horses or to transport animals generally used for food or in the | 607 |
production of food, including cattle, sheep, goats, rabbits, | 608 |
poultry, swine, and any other animals included by the director of | 609 |
agriculture in rules adopted under section 901.72 of the Revised | 610 |
Code. | 611 |
(I)(J) Notwithstanding division(B)any provision of this | 612 |
section to the contrary, for a period not to exceed thirty days, | 613 |
contracts may be signed, deposits taken, and sales consummated at | 614 |
the location of a motor vehicle show where the motor vehicles | 615 |
involved are horse trailers or towing vehicles that are trucks and | 616 |
have a gross vehicle weight of more than three-quarters of a ton, | 617 |
the motor vehicle show is being held as part of or in connection | 618 |
with a major livestock show, the licensed new motor vehicle | 619 |
dealers involved have complied with the applicable requirements of | 620 |
this section, and the registrar has granted permission for the | 621 |
motor vehicle show in accordance with division (E)(F) of this | 622 |
section. | 623 |
(J)(K)(1) Notwithstanding division (H) of this section, if, | 632 |
pursuant to division (B) of this section, the registrar has | 633 |
granted a show representative permission to hold a motor vehicle | 634 |
show at the annual fair of a county or independent agricultural | 635 |
society and if the society files a certification under division | 636 |
(J)(2) of this section, a new motor vehicle dealer may display | 637 |
motor vehicles at that annual fair even if no other new motor | 638 |
vehicle dealer displays competitive makes and models at the fair. | 639 |
(3) Beginning six months after the effective date of this | 657 |
amendment, after finding, pursuant to adjudication conducted in | 658 |
accordance with Chapter 119. of the Revised Code, that a person | 659 |
has violated this section or section 4517.221 of the Revised Code, | 660 |
the board may order the person to pay an administrative penalty | 661 |
described in division (L)(2) of this section for each violation in | 662 |
accordance with the rule adopted by the board. | 663 |
(b) A benevolent, philanthropic, patriotic, educational, | 677 |
humane, scientific, public health, environmental conservation, or | 678 |
civic objective, or any objective that benefits law enforcement | 679 |
personnel, firefighters, or other persons who protect the public | 680 |
safety. | 681 |
(B)(1) Notwithstanding any provision of section 4517.22 of | 687 |
the Revised Code to the contrary and except as provided in | 688 |
division (B)(2) of this section, a licensed new motor vehicle | 689 |
dealer that satisfies the requirements of this section may display | 690 |
new motor vehicles at a location other than the dealer's | 691 |
established place of business to provide the general public an | 692 |
opportunity to review and inspect the dealer's product line, | 693 |
including safety features and new technology. | 694 |