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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 141 |
REPRESENTATIVES CATES-SCHULER-GARCIA-METZGER-PADGETT-VAN VYVEN-
BENDER-TERWILLEGER-FOX-MALLORY-HAINES-OLMAN-MILLER-FORD-
CORE-CLANCY-BRADING-HARRIS-HOTTINGER-GRENDELL-CORBIN-
SYKES-TAVARES-BUCHY-OPFER-MOTTL-SAWYER
A BILL
To amend sections 4503.10, 4503.102, 4503.12, 4507.08, and 4507.09
and to enact sections 4503.13 and 4507.091 of the Revised
Code to
provide that if a person has an outstanding arrest warrant issued by a
municipal court or county court, the person
may not be eligible to be issued a certificate of
registration to a motor
vehicle in that person's name or a driver's
license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.10, 4503.102, 4503.12, 4507.08, and
4507.09 be amended and sections 4503.13 and 4507.091 of the Revised
Code be enacted to read as follows:
Sec. 4503.10. (A) Except as provided in section 4503.103
of the Revised Code, every owner of a motor vehicle and every
person mentioned as owner in the last certificate of title, bill
of sale, or sworn statement of ownership of a motor vehicle which
is operated or driven upon the public roads or highways shall
cause to be filed each year, by mail or otherwise, in the office
of the registrar of motor vehicles or a deputy registrar, a
written application or a preprinted registration renewal notice
issued under section 4503.102 of the Revised Code, the form of
which shall be prescribed by the registrar, for registration for
the following registration year, which shall begin on the first
day of January of every calendar year and end on the thirty-first
day of December in the same year. Applications for registration
and registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. Except as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the
following information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or branch business, conducted at a particular place, the district
of registration is the municipal corporation in which that place
is located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the current registration year, have been paid. Each application
for registration shall be signed by the owner, directly or
pursuant to obtaining a limited power of attorney authorized by
the registrar for registration, or other document authorizing
such signature.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number.
(B) Each time the applicant first registers a motor
vehicle in the applicant's name, the
applicant shall present for inspection proper bills
of sale or sworn statement of ownership, the originals of which
have been filed with the clerk of the court of common pleas, or a
certificate of the clerk certifying that such bills of sale or
sworn statement of ownership have been filed with the clerk, or a
certificate of title or a memorandum certificate showing title to
the motor vehicle to be registered in the applicant. When a
motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under
it, each application for registration for a vehicle required to
be inspected under that section and those rules shall be
accompanied by an inspection certificate for the motor vehicle
issued in accordance with that section. The application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 2937.221, DIVISION (A) OF
SECTION 4503.13, division (B) of section
4507.168, or division (B)(1) of section 4521.10 of the Revised Code.
(3) When applicable, proper bills of sale or sworn
statement of ownership or proper certificate thereof or
certificate of title or memorandum certificate does not accompany
the application.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate and on the inspection certificate for the motor
vehicle, if any. The official also shall indicate, by a stamp or
by such other means as the registrar prescribes, on the
registration certificate issued upon the first registration of a
motor vehicle by or on behalf of the owner the odometer reading
of the motor vehicle as shown in the odometer statement included
in or attached to the certificate of title. Upon each subsequent
registration of the motor vehicle by or on behalf of the same
owner, the official also shall so indicate the odometer reading
of the motor vehicle as shown on the immediately preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C) In addition, a charge of twenty-five cents shall be
made for each reflectorized safety license plate issued, and a single charge
of twenty-five cents shall be made for each county identification sticker
or each set of county
identification stickers issued, as the case may be, to cover the cost
of producing the license plates and
stickers, including material, manufacturing, and administrative costs. Those
fees shall be in addition to the
license tax. If the total cost of producing the plates is less
than twenty-five cents per plate, or if the total cost of
producing the stickers is less than twenty-five cents per sticker or
per set issued, any excess moneys accruing from the fees shall be distributed
in the same manner as provided by section 4501.04 of the Revised
Code for the distribution of license tax moneys. If the total
cost of producing the plates exceeds twenty-five cents per plate,
or if the total cost of producing the stickers exceeds
twenty-five cents per sticker or per set issued, the difference shall
be paid from the
license tax moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of two
dollars and twenty-five cents for each application for
registration and registration renewal notice the
deputy registrar receives,
which shall be for the purpose of compensating the deputy
registrar for the deputy registrar's deputy's services, and such
office and rental expenses,
as may be necessary for the proper discharge of the deputy registrar's
deputy's
duties in the
receiving of applications and renewal notices and the issuing of
licenses.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application for
registration or registration renewal notice, together with the
license fee and any, township motor vehicle license tax,
local motor
vehicle license tax levied pursuant to Chapter 4504. of the
Revised Code, shall transmit that fee and tax, if any, in the
manner provided in this section, together with the original and
duplicate copy of the application, to the registrar. The
registrar, subject to the approval of the director of public
safety, may deposit the funds collected by those deputies in a
local bank or depository to the credit of the "state of Ohio,
bureau of motor vehicles." Where a local bank or depository
has been designated by the registrar, each deputy registrar shall deposit
all moneys collected by the deputy registrar into that bank
or depository not more than one business day after their collection and shall
make
reports to the registrar of the amounts so deposited, together
with any other information, some of which may be prescribed by
the treasurer of state, as the registrar may require and as
prescribed by the registrar by rule. The registrar, within three
days after receipt of notification of the deposit of funds by a
deputy registrar in a local bank or depository, shall draw on that
account
in favor of the treasurer of state. The registrar, subject to
the approval of the director and the treasurer of state, may make
reasonable rules necessary for the prompt transmittal of fees and
for safeguarding the interests of the state and of counties,
townships, and municipal corporations, AND TRANSPORTATION
IMPROVEMENT DISTRICTS levying county or township motor
vehicle license taxes, township motor vehicle license
taxes, or municipal LOCAL motor vehicle license taxes. The
registrar may
pay
service charges usually collected by banks and depositories for
such service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees forthwith, by money order or otherwise, as the registrar, by
rule approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for such service.
(G) This section does not prevent any person from making
an application for a motor vehicle license directly to the
registrar upon payment of a two dollars and twenty-five cents
service fee for each application. Each deputy registrar shall retain
in
the deputy registrar's deputy's office a copy of each application
the deputy registrar receives for a
period of three registration years. This copy shall be for
public examination, but no person may make copies thereof for
sale or distribution.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including, without limitation, the date of issuance of the
multi-year registration, the registration deadline established
under rules adopted under section 4503.101 of the Revised Code
that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for
renewal of the multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail. Any person owning a motor vehicle
that was registered in his THE PERSON'S name during the
preceding registration
year shall renew the registration of the motor vehicle either by
mail through the centralized system of registration established
under this section or in person at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a renewal notice to the person in whose name the motor
vehicle is registered. The renewal notice shall clearly state
that the registration of the motor vehicle may be renewed by mail
through the centralized system of registration or in person at a
deputy registrar's office and shall be preprinted with
information including, but not limited to, the owner's name and
residence address as shown in the records of the bureau of motor
vehicles, a brief description of the motor vehicle to be
registered, notice of the license taxes and fees due on the motor
vehicle, the toll-free telephone number of the registrar as
required under division (D)(1) of section 4503.031 of the Revised
Code, and any additional information the registrar may require by
rule. The renewal notice shall be sent by regular mail to
the owner's last known address as shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, DIVISION (A) OF SECTION
4503.13, division (B) of section 4507.168,
or division (B)(1) of section 4521.10 of the Revised Code, the registrar is
not required to send a renewal notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it, and return it, in
person to a deputy registrar or by mail to the registrar,
together with a credit card number, when permitted by rule of the
registrar, check, or money order in the amount of the
registration taxes and fees payable on the motor vehicle and a
mail fee of two dollars and twenty-five cents plus postage as
indicated on the notice, if the registration is renewed by mail,
and an inspection certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, DIVISION (A) OF
SECTION 4503.13, division
(B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if
the
owner or lessee does not have an inspection certificate for the motor
vehicle as provided in section 3704.14 of the Revised Code, if
that section is applicable, the license shall be refused and the
registrar or deputy registrar shall so notify the owner. This
section does not require the payment of license or registration
taxes on a motor vehicle for any preceding year, or for any
preceding period of a year, if the motor vehicle was not taxable
for that preceding year or period under section 4503.02, 4503.04,
4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and return the signed application and any applicable
license taxes and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 2937.221, DIVISION (A) OF
SECTION 4503.13, division
(B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised Code from accepting the application, the registrar
shall return the
application and the payment to the owner and also shall include an
explanatory
notice as described in division (B)(2) of this section.
(F) Every deputy registrar shall post in a prominent place
at the deputy's office a notice informing the public of the
mail
registration system required by this section, and also shall post
a notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The two dollars and twenty-five cents fee, plus
postage and any credit card surcharge collected by the registrar
for registration by mail, shall be paid to the credit of the
central registration fund established by section 4501.14 of the
Revised Code.
(H) No later than January 1, 1991, the registrar shall
implement the initial phase of a credit card payment program
permitting payment of motor vehicle renewal registration taxes
and fees by means of a credit card when such renewal is made by
mail. No later than January 1, 1993, the registrar shall
implement the final phase of the credit card payment program
permitting payment of motor vehicle registration taxes and fees,
driver's license and commercial driver's license fees, and any
other taxes, fees, or charges imposed or levied by the state
relating to such registrations and licenses that are collected by
the registrar or a deputy registrar by means of a credit card
when such motor vehicle registrations, license applications, or
other similar state-related transactions are made in person at
the office of the registrar or at a deputy registrar's office.
The registrar shall adopt rules as necessary for this purpose.
No deputy registrar shall accept a credit card as payment for the
purchase of any goods sold by the deputy registrar and any tax
imposed by Chapter 5739. of the Revised Code on the sale of such
goods.
If a person uses a credit card to pay motor vehicle
registration taxes or fees, license fees, or other similar taxes,
fees, or charges imposed or levied by the state as provided in
this section, a surcharge sufficient to pay the required service
charge of the financial institution or credit card company shall
be paid by the person using the credit card.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.12. Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires and
the original owner immediately shall remove the license plates
from the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the
incorporation of a proprietorship or partnership results in the
transfer of ownership of a motor vehicle from the proprietorship
or partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration, unless such registration is
prohibited by division (D) of section 2935.27, division (A) of section
2937.221, division (B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised
Code. The application shall be accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
and the original certificate of registration. Upon a proper
filing, the registrar of motor vehicles shall issue an amended
certificate of registration in the name of the new owner.
(B) If the death of the owner of a motor vehicle results
in the transfer of ownership of the motor vehicle to the
surviving spouse of the owner or if a motor vehicle is owned by
two persons under joint ownership with right of survivorship
established under section 2106.17 of the Revised Code and one of
those persons dies, the registration shall be continued upon the
filing by the surviving spouse of an application for an amended
certificate of registration, unless such registration is
prohibited by division (D) of section 2937.27 2935.27,
division (A) of section
2937.221, DIVISION (A) OF SECTION 4503.13, division
(B) of section 4507.168, or division (B)(1) of section
4521.10 of the
Revised
Code. The application shall be accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
the original certificate of registration, and, in relation to a
motor vehicle that is owned by two persons under joint ownership
with right of survivorship established under section 2106.17 of
the Revised Code, by a copy of the certificate of title that
specifies that the vehicle is owned under joint ownership with
right of survivorship. Upon a proper filing, the registrar shall
issue an amended certificate of registration in the name of the
surviving spouse.
(C) If the original owner of a motor vehicle that has been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the
registration period for which the transferred motor vehicle was
registered, the owner, unless such registration is prohibited by
division (D) of section 2935.27, division (A) of section 2937.221, DIVISION
(A) OF SECTION 4503.13, division
(E) of section 4503.234,
division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the
Revised
Code, may file an application for transfer of the registration
and, where applicable, the license plates, accompanied by a
service fee of two dollars and twenty-five cents, a transfer fee
of one dollar, and the original certificate of registration. The
transfer of the registration and, where applicable, the license
plates from the motor vehicle for which they originally were
issued to a succeeding motor vehicle purchased by the same person
in whose name the original registration and license plates were
issued shall be done within a period not to exceed thirty days.
During that thirty-day period, the license plates from the motor vehicle
for which they originally were issued may be displayed on the succeeding motor
vehicle, and the succeeding motor vehicle may be operated on the public roads
and highways in this state.
At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In
computing the amount of tax due and credits to be allowed under
this division, the provisions of division (B) of section 4503.11
of the Revised Code shall apply. As to passenger cars,
noncommercial vehicles, motor homes, and motorcycles, transfers
within or between these classes of motor vehicles only shall be
allowed. If the succeeding motor vehicle is of a different class
than the motor vehicle for which the registration originally was
issued, new license plates also shall be issued upon the
surrender of the license plates originally issued and payment of
the fees
provided in divisions (C) and (D) of section 4503.10 of the
Revised Code.
(D) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring ownership
of
the first commercial car, unless registration of the second
commercial car is prohibited by division (D) of section 2935.27, division (A)
of section 2937.221, DIVISION (A) OF SECTION 4503.13,
division (B) of section 4507.168, or division (B)(1) of
section 4521.10
of the Revised Code. At any time during the remainder of the
registration period for which the first commercial car was
registered, the owner may file an application for the transfer of
the registration and, where applicable, the license plates,
accompanied by a service fee of two dollars and twenty-five
cents, a transfer fee of one dollar, and the certificate of
registration of the first commercial car. The amount of any tax
due or credit to be allowed for a transfer of registration under
this division shall be computed in accordance with division (C)
of this section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this
state until after the transfer of registration is completed in
accordance with this division.
(E) Upon application to the registrar or a deputy
registrar, a person who owns or leases a
motor vehicle may transfer
special license plates assigned to that vehicle to any other
vehicle that the person owns or leases or that is owned or
leased by the person's spouse. The application shall be
accompanied by a service fee of
two dollars and twenty-five cents, a transfer fee of one dollar,
and the original certificate of registration. As appropriate,
the application also shall be accompanied by a power of attorney
for the registration of a leased vehicle and a written statement
releasing the special plates to the applicant. Upon a proper
filing, the registrar or deputy registrar shall assign the
special license plates to the motor vehicle owned or leased by
the applicant and issue a new certificate of registration for
that motor vehicle.
As used in division (E) of this section, "special license
plates" means either of the following:
(1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code;
(2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4503.13. (A) A MUNICIPAL COURT OR COUNTY COURT, AT THE
COURT'S DISCRETION,
MAY ORDER THE CLERK OF THE COURT
TO SEND TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME,
ADDRESS, AND SUCH OTHER
INFORMATION AS THE REGISTRAR MAY REQUIRE BY RULE, OF ANY PERSON FOR WHOM AN
ARREST WARRANT HAS BEEN ISSUED BY THAT COURT AND IS OUTSTANDING.
UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER THE INFORMATION
CONTAINED IN THE REPORT INTO THE RECORDS OF THE BUREAU OF MOTOR VEHICLES, AND
NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR SHALL ISSUE A CERTIFICATE OF
REGISTRATION FOR A MOTOR VEHICLE IN THE NAME OF THE PERSON WHO IS NAMED IN THE
REPORT UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM THE MUNICIPAL COURT OR
COUNTY COURT THAT THERE ARE NO
OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON. THE REGISTRAR ALSO
SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA REGULAR
FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE
RECORDS OF THE BUREAU, INFORMING THE PERSON THAT NEITHER THE REGISTRAR NOR ANY
DEPUTY REGISTRAR IS PERMITTED TO ISSUE A CERTIFICATE OF REGISTRATION FOR A
MOTOR VEHICLE IN THE NAME OF THE PERSON UNTIL THE REGISTRAR RECEIVES
NOTIFICATION THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE
PERSON.
(B) A CLERK WHO REPORTS AN OUTSTANDING
ARREST WARRANT IN ACCORDANCE WITH DIVISION (A)
OF THIS SECTION IMMEDIATELY SHALL NOTIFY THE REGISTRAR WHEN THE WARRANT HAS
BEEN EXECUTED AND RETURNED TO THE ISSUING
COURT OR HAS BEEN CANCELED. THE CLERK SHALL CHARGE AND COLLECT FROM THE
PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT A PROCESSING FEE OF
FIFTEEN DOLLARS TO COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS
SECTION. THE CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE
REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY
SECTION 4501.25 of the Revised Code.
UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR
SHALL CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED FROM
THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER OUTSTANDING ARREST
WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT IN THE NAME OF THE PERSON
AND THE PERSON OTHERWISE IS ELIGIBLE TO BE
ISSUED A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE, THE REGISTRAR OR A
DEPUTY REGISTRAR MAY ISSUE A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE
IN
THE NAME OF THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT.
(C) NEITHER THE REGISTRAR, ANY EMPLOYEE
OF THE BUREAU, A DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS
PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY ERROR MADE BY A
CLERK IN ENTERING INFORMATION CONTAINED IN A REPORT SUBMITTED TO THE REGISTRAR
UNDER THIS SECTION.
(D) ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK UNDER
THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC DATA TRANSFER
SYSTEM.
Sec. 4507.08. No driver's license shall be issued to any
person under eighteen years of age, except that a probationary
license may be issued to a person over sixteen years of age and a
restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles. No probationary license shall be
issued to any person under the age of eighteen who has been
adjudicated an unruly or delinquent child or a juvenile traffic
offender for having committed any act that if committed by an
adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program.
No temporary instruction permit or driver's license shall
be issued to any person whose license has been suspended, during
the period for which the license was suspended, nor to any person
whose license has been revoked, under sections 4507.01 to 4507.39
of the Revised Code, until the expiration of one year after the
license was revoked.
No temporary instruction permit or driver's license shall
be issued to any person whose commercial driver's license is
suspended under section 1905.201, 2301.374, 4507.16, 4507.34,
4507.99, 4511.191, or 4511.196 of the Revised Code or under any other
provision of the Revised Code during the period of the
suspension.
NO TEMPORARY INSTRUCTION PERMIT OR DRIVER'S LICENSE SHALL BE ISSUED TO ANY
PERSON WHEN ISSUANCE IS PROHIBITED BY DIVISION (A) OF SECTION
4507.091 of the Revised Code.
No temporary instruction permit or driver's license shall
be issued to, or retained by:
(A) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety;
(B) Any person who is under the age of eighteen and has
been adjudicated an unruly or delinquent child or a juvenile
traffic offender for having committed any act that if committed
by an adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program;
(C) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle. A restricted
license effective for six months shall be issued to
any person who is otherwise qualified who is subject to any
condition which THAT causes episodic impairment of consciousness
or a
loss of muscular control if the person presents a statement from
a licensed physician that the person's condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.
A person to whom a six-month restricted license has been
issued shall give notice of the person's medical condition to the
registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months.
(D) Any person who is unable to understand highway
warnings or traffic signs or directions given in the English
language;
(E) Any person making an application whose driver's
license or driving privileges are under revocation or suspension
in the jurisdiction where issued or any other jurisdiction, until
the expiration of one year after the license was revoked or until
the period of suspension ends. Any person whose application is
denied under this division may file a petition in the municipal
court or county court in whose jurisdiction the person resides
agreeing to pay the cost of the proceedings and alleging that the
conduct involved in the offense that resulted in suspension or
revocation in the foreign jurisdiction would not have resulted in
a suspension or revocation had the offense occurred in this
state. If the petition is granted, petitioner shall notify the
registrar of motor vehicles by a certified copy of the court's
findings and a license shall not be denied under this division;.
(F) Any person whose driver's or commercial driver's
license or permit has been permanently revoked pursuant to
division (C) of section 4507.16 of the Revised Code.
Sec. 4507.09. (A) Except as provided in division (B) of
this section, every driver's license expires on the
birthday
of the applicant in the fourth year after the date it is issued,
but in no event shall any such license be issued for a period
longer than four years.
Subject to the requirements of section 4507.12 of the
Revised Code, every driver's license is renewable within
sixty days prior to its expiration upon payment of the fees as
required by law, except that any license of an Ohio resident who
will be temporarily out-of-state is renewable
at any time prior to its expiration. No refund
shall be made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar
of
motor vehicles shall notify each person whose driver's license
has expired within forty-five days after the date of expiration.
Notification shall be made by regular mail sent to the person's
last known address as shown in the records of the bureau of motor
vehicles. Failure to provide such notification shall not be
construed as a renewal or extension of any license. The
registrar may issue rules permitting the use and display of
drivers' licenses at any time not to exceed sixty days prior to
the next succeeding birthday of the applicant. For the purposes
of this section, the date of birth
of any applicant born on the twenty-ninth day of February shall be deemed to
be the first day of March in any year in which there is no twenty-ninth
day of
February.
The registrar may require an application for license
renewal submitted by a resident who will be temporarily
out-of-state to be accompanied by an affidavit, in a form
prescribed by the registrar, certifying that the resident will
be temporarily out-of-state at the time the
resident's license will
expire.
(B) Every driver's license or renewal of a driver's
license issued to an applicant who is sixteen years of age or
older, but less than twenty-one years of age, expires on
the
twenty-first birthday of the applicant.
(C) Each person licensed as a driver under this chapter
shall notify the registrar of any change in the person's address
within ten days following that change. The notification shall be
in writing on a form provided by the registrar and shall include
the full name, date of birth, license number, county of
residence, social security number, and new address of the person.
(D) NO DRIVER'S LICENSE SHALL BE RENEWED WHEN RENEWAL IS
PROHIBITED BY DIVISION (A) OF SECTION 4507.091 OF THE
REVISED CODE.
Sec. 4507.091. (A) A MUNICIPAL COURT OR COUNTY COURT, AT THE
COURT'S DISCRETION,
MAY ORDER THE CLERK OF THE
COURT TO SEND TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME,
ADDRESS, AND SUCH
OTHER INFORMATION AS THE REGISTRAR MAY REQUIRE BY RULE, OF ANY PERSON FOR WHOM
AN ARREST WARRANT HAS BEEN ISSUED BY THAT COURT AND IS OUTSTANDING.
UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER THE INFORMATION
CONTAINED IN THE REPORT INTO THE RECORDS OF THE BUREAU OF MOTOR VEHICLES, AND
NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR SHALL ISSUE A TEMPORARY
INSTRUCTION PERMIT OR DRIVER'S OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON
NAMED IN THE REPORT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF
SUCH PERSON, UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM THE MUNICIPAL
COURT OR COUNTY COURT THAT THERE ARE
NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON. THE REGISTRAR ALSO
SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA REGULAR
FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE
RECORDS OF THE BUREAU, INFORMING THE PERSON THAT NEITHER THE REGISTRAR NOR
ANY DEPUTY REGISTRAR IS PERMITTED TO ISSUE A TEMPORARY INSTRUCTION PERMIT OR
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON, OR RENEW THE DRIVER'S
OR COMMERCIAL DRIVER'S LICENSE OF THE PERSON, UNTIL THE REGISTRAR RECEIVES
NOTIFICATION THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE
PERSON.
(B) A CLERK WHO REPORTS AN OUTSTANDING
ARREST WARRANT IN ACCORDANCE WITH DIVISION (A)
OF THIS SECTION IMMEDIATELY SHALL NOTIFY THE REGISTRAR WHEN THE WARRANT HAS
BEEN EXECUTED AND RETURNED TO THE ISSUING
COURT OR HAS BEEN CANCELED. THE CLERK SHALL CHARGE AND COLLECT FROM THE
PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT A PROCESSING FEE OF
FIFTEEN DOLLARS TO COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS
SECTION. THE CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE
REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY
SECTION 4501.25 of the Revised Code.
UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR
SHALL CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED FROM
THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER OUTSTANDING ARREST
WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT IN THE NAME OF THE PERSON
AND THE PERSON OTHERWISE IS ELIGIBLE TO BE
ISSUED A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR TO HAVE SUCH A LICENSE
RENEWED, THE REGISTRAR OR A DEPUTY REGISTRAR MAY ISSUE A DRIVER'S LICENSE OR
COMMERCIAL DRIVER'S LICENSE TO THE PERSON NAMED IN THE EXECUTED OR CANCELED
ARREST WARRANT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF SUCH
PERSON.
(C) NEITHER THE REGISTRAR, ANY EMPLOYEE
OF THE BUREAU, A DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS
PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY ERROR MADE BY A
CLERK IN ENTERING INFORMATION CONTAINED IN A REPORT SUBMITTED TO THE REGISTRAR
UNDER THIS SECTION.
(D) ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK UNDER
THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC DATA TRANSFER
SYSTEM.
Section 2. That existing sections 4503.10, 4503.102, 4503.12,
4507.08, and 4507.09 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect six months after the
effective date of this act.
Section 4. Section 4503.10 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters.
Section 4503.12 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 353 and Am.
Sub. S.B. 121 of the 121st General Assembly, with the new language of
neither of the acts shown in capital letters. This is in recognition of the
principle
stated in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively irreconcilable and
constitutes a legislative finding that such is the resulting version in effect
prior to the effective date of this act.
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