To amend sections 4505.09, 4519.01, 4519.02, 4519.03, 4519.031, 4519.04, 4519.05, 4519.06, 4519.08, 4519.09, 4519.11, 4519.20, 4519.21, 4519.22, 4519.40 to 4519.48, and 4519.99, and to enact sections 4519.51 to 4519.70 of the Revised Code to require that the owners of certain off-highway motorcycles and all-purpose vehicles obtain certificates of title for the vehicles.

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

Sec. 4505.09. (A) The clerk of the court of common pleas shall charge a fee of five dollars for each certificate of title that is not applied for within thirty days after the assignment or delivery of the motor vehicle described therein. The fees shall be retained by the clerk.

In addition to those fees, the clerk shall charge a fee of five dollars for each certificate of title, duplicate certificate of title, memorandum certificate of title, and notation of any lien on a certificate of title. The clerk shall retain two dollars and twenty-five cents of the fee charged for each certificate of title, four dollars and seventy-five cents of the fee charged for each duplicate certificate of title, all of the fees charged for each memorandum certificate, and four dollars and twenty-five cents of the fee charged for each notation of a lien.

The remaining two dollars and seventy-five cents charged for the certificate of title, the remaining twenty-five cents charged for the duplicate certificate of title, and the remaining seventy-five cents charged for the notation of any lien on a certificate of title shall be paid to the registrar of motor vehicles by monthly returns, which shall be forwarded to the registrar not later than the fifth day of the month next succeeding that in which the certificate is issued or that in which the registrar is notified of a lien or cancellation thereof.

(B)(1) The registrar shall pay twenty-five cents of the amount received for each certificate of title and all of the amounts received for each notation of any lien and each duplicate certificate of title into the state bureau of motor vehicles fund established in section 4501.25 of the Revised Code.

(2) Fifty cents of the amount received for each certificate of title shall be paid by the registrar as follows:

(a) Four cents shall be paid into the state treasury to the credit of the motor vehicle dealers board fund, which is hereby created. All investment earnings of the fund shall be credited to the fund. The moneys in the motor vehicle dealers board fund shall be used by the motor vehicle dealers board created under section 4517.30 of the Revised Code, together with other moneys appropriated to it, in the exercise of its powers and the performance of its duties under Chapter 4517. of the Revised Code, except that the director of budget and management may transfer excess money from the motor vehicle dealers board fund to the bureau of motor vehicles fund if the registrar determines that the amount of money in the motor vehicle dealers board fund, together with other moneys appropriated to the board, exceeds the amount required for the exercise of its powers and the performance of its duties under Chapter 4517. of the Revised Code and requests the director to make the transfer.

(b) Twenty-one cents shall be paid into the general revenue fund;

(c) Twenty-five cents shall be paid into the state treasury to the credit of the motor vehicle sales audit fund, which is hereby created. The moneys in the fund shall be used by the tax commissioner together with other funds available to the commissioner to conduct a continuing investigation of sales and use tax returns filed for motor vehicles in order to determine if sales and use tax liability has been satisfied. The commissioner shall refer cases of apparent violations of section 2921.13 of the Revised Code made in connection with the titling or sale of a motor vehicle and cases of any other apparent violations of the sales or use tax law to the appropriate county prosecutor whenever the commissioner considers it advisable.

(3) Two dollars of the amount received by the registrar for each certificate of title shall be paid into the state treasury to the credit of the automated title processing fund, which is hereby created and which shall consist of moneys collected under division (B)(3) of this section and under section SECTIONS 1548.10 AND 4519.59 of the Revised Code. All investment earnings of the fund shall be credited to the fund. The moneys in the fund shall be used as follows:

(a) Moneys collected under this division (B)(3) OF THIS SECTION shall be used to implement and maintain an automated title processing system for the issuance of motor vehicle certificates of title in the offices of the clerks of the courts of common pleas;

(b) Moneys collected under section 1548.10 of the Revised Code shall be used to issue marine certificates of title in the offices of the clerks of the courts of common pleas as provided in Chapter 1548. of the Revised Code;

(c) MONEYS COLLECTED UNDER SECTION 4519.59 of the Revised Code SHALL BE USED TO ISSUE OFF-HIGHWAY MOTORCYCLE AND ALL-PURPOSE VEHICLE CERTIFICATES OF TITLE IN THE OFFICES OF CLERKS OF COURTS OF COMMON PLEAS AS PROVIDED IN CHAPTER 4519. of the Revised Code.

(C)(1) The automated title processing board is hereby created consisting of the registrar or the registrar's representative, a person selected by the registrar, the president of the Ohio clerks of court association or the president's representative, and two clerks of courts of common pleas appointed by the governor. The director of budget and management or the director's designee, the chief of the division of watercraft in the department of natural resources or the chief's designee, and the tax commissioner or the commissioner's designee shall be nonvoting members of the board.

(2) The automated title processing board shall determine each of the following:

(a) The automated title processing equipment and certificates of title requirements for each county;

(b) The payment of expenses that may be incurred by the counties in implementing an automated title processing system;

(c) The repayment to the counties for existing title processing equipment.

(3) The registrar shall purchase, lease, or otherwise acquire any automated title processing equipment and certificates of title that the board determines are necessary from moneys in the automated title processing fund established by division (B)(3) of this section. Each county issuing more than one hundred thousand certificates of title annually, with the approval of the registrar and in accordance with the registrar's requirements, may purchase and maintain an automated title processing system for the issuance of motor vehicle titles, CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and certificates of title for watercraft and outboard motors with the cost of the system paid for from the automated processing title fund.

(D) All counties shall conform to the requirements of the registrar regarding the operation of their automated title processing system for motor vehicle titles, CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES, and certificates of title for watercraft and outboard motors.

Sec. 4519.01. As used in Chapter 4519. of the Revised Code THIS CHAPTER:

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

(B) "All-purpose vehicle" means any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar trends TREADS, or any combination thereof, including vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all season vehicles, mini-bikes, and trail bikes, but excluding any self-propelled vehicle not principally used for purposes of personal transportation, any vehicle principally used in playing golf, any motor vehicle or aircraft required to be registered under Chapter 4503. or 4561. of the Revised Code, and any vehicle excepted from definition as a motor vehicle by division (B) of section 4501.01 of the Revised Code.

(C) "Owner" means any person, firm, or corporation, other than a lienholder or dealer, having title to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or other right to the possession thereof.

(D) "Operator" means any person who operates or is in actual physical control of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.

(E) "Dealer" means any person, firm, or corporation engaged in the business of manufacturing or selling snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles at wholesale or retail, or who rents, leases, or otherwise furnishes snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles for hire.

(F) "Street or highway" has the same meaning as given that term in division (BB) of section 4511.01 of the Revised Code.

(G) "Limited access highway" and "freeway" have the same meaning as given those terms in section 5511.02 of the Revised Code.

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

(I) "OFF-HIGHWAY MOTORCYCLE" MEANS EVERY MOTORCYCLE, AS DEFINED IN SECTION 4511.01 of the Revised Code, THAT IS DESIGNED TO BE OPERATED PRIMARILY ON LANDS OTHER THAN A STREET OR HIGHWAY.

Sec. 4519.02. (A) Except as provided in divisions (B), (C), and (D) of this section, no person shall operate any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle within this state unless the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is registered and numbered in accordance with sections 4519.03 and 4519.04 of the Revised Code.

(B) No registration is required for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle that is operated exclusively upon lands owned by the owner of the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or on lands to which the owner has a contractual right.

(C) No registration is required for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in this state by a resident of another state whenever that state has in effect a registration law similar to Chapter 4519. of the Revised Code THIS CHAPTER and the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is properly registered thereunder. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all purpose vehicle owned and used in this state by a resident of another state not having such a registration requirement shall comply with section 4519.09 of the Revised Code.

(D) No registration is required for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned and used in this state by the United States, another state, or a political subdivision thereof, but the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall display the name of the owner thereon.

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

Sec. 4519.03. The owner of every snowmobile, OFF-HIGHWAY MOTORCYCLE, and all-purpose vehicle required to be registered under section 4519.02 of the Revised Code shall file an application for registration with the registrar of motor vehicles or a deputy registrar, on blanks furnished by the registrar for that purpose and containing ALL OF the following information:

(A) A brief description of the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, including the name of the manufacturer and, the factory or model number, AND THE VEHICLE IDENTIFICATION NUMBER;

(B) The name, residence, and business address of the owner;

(C) A statement that the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is equipped as required by section 4519.20 of the Revised Code, and any rule adopted thereunder. The statement shall include a check list of the required equipment items in such form as the registrar shall prescribe.

The application shall be signed by the owner of the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and shall be accompanied by a fee as provided in division (D)(C) of section 4519.04 of the Revised Code.

If the application is not in proper form, or if the vehicle for which registration is sought does not appear to be equipped as required by section 4519.20 of the Revised Code, and OR any rule adopted thereunder, the registration shall be refused AND NO REGISTRATION STICKER SHALL BE ISSUED.

Each deputy registrar shall be allowed a fee of two dollars and twenty-five cents for each application or renewal application received by him THE DEPUTY REGISTRAR, which shall be for the purpose of compensating the deputy registrar for his services, and such office and rental expense, as may be necessary for the proper discharge of his THE DEPUTY REGISTRAR'S duties in the receiving of applications and the issuing of certificates of registration.

Each deputy registrar shall, upon receipt of any application for registration, together with the registration fee, SHALL transmit the fee, together with the original and duplicate copy of the application, to the registrar in such manner and at such times as the registrar, subject to the approval of the director of public safety and the treasurer of state, shall prescribe by rule.

Sec. 4519.031. The registrar of motor vehicles shall transmit to the tax commissioner the names, addresses, and any other information requested by the commissioner, of all persons who register a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle under section 4519.03 of the Revised Code. Such information shall be transmitted in such A form as agreed to by the registrar and the commissioner.

Sec. 4519.04. (A) Upon the filing of an application for registration of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle and the payment of the tax therefor, the registrar of motor vehicles or a deputy registrar shall assign to the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle a distinctive number and issue and deliver to the owner in such manner as the registrar may select, a certificate of registration, in such form as the registrar shall prescribe. Any number so assigned to a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be a permanent number, and shall not be issued to any other snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, except as provided in section 4519.05 of the Revised Code.

IN ADDITION TO THE CERTIFICATE OF REGISTRATION, THE REGISTRAR OR DEPUTY REGISTRAR ALSO SHALL ISSUE TO THE OWNER OF THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE A REGISTRATION STICKER. THE REGISTRAR SHALL PRESCRIBE THE COLOR AND SIZE OF THE STICKER, THE COMBINATION OF NUMERALS AND LETTERS DISPLAYED ON IT, AND PLACEMENT OF THE STICKER ON THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE.

(B) Upon receipt of a certificate of registration for a snowmobile or all-purpose vehicle other than a mini-bike or trail bike, the owner shall paint on the vehicle or otherwise attach in such manner as the registrar shall prescribe, UPON EACH SIDE OF THE FORWARD COWLING OF THE SNOWMOBILE the identifying registration number, in block characters of not less than two inches in height and of such color as to be distinctly visible and legible, as follows:

(1) In the case of a snowmobile, the number shall be displayed upon each side of the forward cowling.

(2) In the case of an all-purpose vehicle, the number shall be displayed upon the front and rear of the vehicle.

(C) the certificate of registration for a mini-bike or trail bike shall be evidenced and displayed on the vehicle in such manner as the registrar shall prescribe.

(D)(C) Unless previously canceled, each certificate of registration issued for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall expire EXPIRES upon the thirty-first day of December in the third year after the date it is issued. Application for renewal of a certificate may be made not earlier than ninety days preceding the expiration date, and shall be accompanied by a fee of five dollars. The renewal of a certificate of registration for a snowmobile or all-purpose vehicle shall be evidenced by a decal or similar device identifying the registration period for which it is issued, and shall be displayed upon the vehicle in such manner as the registrar shall prescribe.

Sec. 4519.05. (A) Whenever a registered snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is destroyed or similarly disposed of, the owner shall surrender the certificate of registration and any license plate issued for a mini-bike or trail bike, to the registrar of motor vehicles or a deputy registrar within fifteen days following the destruction or disposal. The registrar shall thereupon SHALL cancel the certificate and enter such THAT fact in his THE REGISTRAR'S records, and the vacated registration number may be assigned to another snowmobile or all purpose vehicle.

(B) Whenever the ownership of a registered snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is transferred by sale or otherwise, the new owner shall, within fifteen days following the transfer, SHALL make application to the registrar or a deputy registrar for the transfer of the certificate of registration. Upon receipt of the application and a fee of one dollar, the registrar shall transfer the certificate to the new owner and shall enter the new owner's name and address in his THE REGISTRAR'S records. Whenever the ownership of a registered mini-bike or trail bike is transferred under this section, the new owner shall retain the license plate originally issued for the vehicle.

(C) Whenever the owner of a registered snowmobile, OFF-HIGHWAY MOTORCYCLE, or all purpose vehicle changes his address, he THE OWNER shall surrender the certificate of registration to the registrar or a deputy registrar within fifteen days following the address change. Upon receipt of the certificate, the registrar shall enter the new address thereon and shall make the appropriate change in his THE REGISTRAR'S records. In any A case where the owner's change of address involves a move outside of the state, the owner shall also surrender any license plate issued for the vehicle, and the registrar shall cancel the certificate of registration and may thereafter assign the vacated registration number to another FOR THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle.

(D) Whenever a certificate of registration for a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, or a license plate for a mini-bike or trail bike, has been IS lost, mutilated, or destroyed, the owner may obtain a duplicate certificate, which shall be identified as such, or a new plate, upon application and the payment of a fee of one dollar.

Sec. 4519.06. Any person who is a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles shall make application for registration, for each place in this state at which the business of selling, manufacturing, leasing, or renting snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles is carried on. The application shall show the make of snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle manufactured, sold, leased, or rented at such place, and shall be accompanied by a fee of twenty-five dollars. Upon the filing of the application and the payment of the fee therefor, the registrar of motor vehicles shall assign to the applicant a distinctive number, prefixed by the letters DS in the case of a snowmobile,DOHM IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE, and by the letters DAPV in the case of an all purpose vehicle, and, where applicable, shall issue a license plate as provided in section 4519.04 of the Revised Code. The number or license plate shall be displayed upon each snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in the places set forth PRESCRIBED in divisions (B) and (C) of section 4519.04 of the Revised Code whenever the vehicle is being used prior to sale or transfer. The registrar shall adopt rules and regulations specifying the manner in which the number may be temporarily affixed to the vehicle additional license plates bearing the dealer's number may be issued upon application and the payment of a fee of one dollar for each plate.

Upon the termination of any dealership registered under this section, the dealer, within fifteen days following such termination, shall notify the registrar, who shall enter that fact in his THE REGISTRAR'S records and may thereafter assign the vacated registration number to some other dealer. The dealer shall also surrender to the registrar any license plates issued under this section.

Notwithstanding section 4517.01 of the Revised Code, a dealer licensed to sell motor vehicles may also MAY be registered as a dealer in snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles under this section, and may display, sell, or rent such vehicles at his THE DEALER'S established place of business.

Sec. 4519.08. Any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle owned or leased by the state, by any of its political subdivisions, or by any volunteer organization that uses such vehicles exclusively for emergency purposes shall be registered free of charge in the same manner as provided by section 4519.03 of the Revised Code for the registration of privately owned vehicles. The registration number or license plate AND REGISTRATION STICKER assigned TO each such snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be displayed as required by divisions (B) and (C) of section 4519.04 of the Revised Code.

Sec. 4519.09. Every owner or operator of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle who is a resident of a state not having a registration law similar to Chapter 4519. of the Revised Code THIS CHAPTER, and who expects to use the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in Ohio, shall apply to the registrar of motor vehicles or a deputy registrar for a temporary operating permit. The temporary operating permit shall be issued for a period not to exceed fifteen days from the date of issuance, shall be in such form as the registrar determines, shall include the name and address of the owner and operator of the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, and such ANY other information as the registrar considers necessary, and shall be issued upon payment of a fee of five dollars. Every owner or operator receiving a temporary operating permit shall display the same IT upon the reasonable request of any law enforcement officer or other person as authorized by sections 4519.42 and 4519.43 of the Revised Code.

Sec. 4519.11. One dollar and twenty-five cents of each fee collected under sections 4519.04 and 4519.09 of the Revised Code shall be paid into the state bureau of motor vehicles fund created by section 4501.25 of the Revised Code. All other fees, and all taxes and fines levied, charged, or referred to in Chapter 4519. of the Revised Code THIS CHAPTER, UNLESS OTHERWISE DESIGNATED BY LAW, shall be deposited into the state treasury to the credit of the state recreational vehicle fund, which is hereby created. The state recreational vehicle fund shall be used for the purpose of enforcing and administering the law relative to the registration and operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles within the state, for the purpose of expanding the activities of the department of natural resources to provide trails and other areas for the operation of such vehicles on state-controlled land and waters, for the purchase of additional land to be used for such purposes, and for the development and implementation by the department of programs relating to the safe use and enjoyment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.

All investment earnings of the state recreational vehicle fund shall be credited to the fund.

Notwithstanding section 1501.01 of the Revised Code, nothing in this section authorizes the appropriation of property to provide trails and other areas for the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles.

Sec. 4519.20. By not later than July 1, 1972, the (A) THE director of public safety, pursuant to Chapter 119. of the Revised Code, shall adopt and promulgate rules and regulations for the equipment of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles. The rules and regulations may be revised from time to time as the director considers necessary, and shall include, but not necessarily be limited to, requirements for the following items of equipment:

(A)(1) At least one headlight having a minimum candlepower of sufficient intensity to reveal persons and objects at a distance of at least one hundred feet ahead under normal atmospheric conditions during hours of darkness;

(B)(2) At least one red tail light having a minimum candlepower of sufficient intensity to be plainly visible from a distance of five hundred feet to the rear under normal atmospheric conditions during hours of darkness;

(C)(3) Adequate brakes. Every snowmobile shall, while traveling on packed snow, SHALL be capable of carrying a driver who weighs one hundred and seventy-five pounds or more, and, while carrying such driver, be capable of stopping in not more than forty feet from an initial steady speed of twenty miles per hour, or locking its traction belt.

(D)(4) A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed eighty-two decibels on the "A" scale at fifty feet as measured according to SAE J192 (September 1970);.

(B) No person shall operate any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in violation of division (A), (B)(1), (C)(2), (3), or (D)(4) of this section, except that equipment specified in divisions (A)(1) and (B)(2) of this section shall not be required on snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles operated during the daylight hours on state controlled land under the jurisdiction of the department of natural resources and that are limited to off-highway use.

Sec. 4519.21. The director of public safety may authorize sample tests of new snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles to determine their degree of conformity to rules and regulations adopted under section 4519.20 of the Revised Code. In prescribing tests for muffler equipment, the director may require sound pressure levels in decibels to be measured on the "A" scale of a sound level meter having characteristics defined by the American standards association standard S1.4-1961 "General Purpose Sound Meter," and may also MAY require the use of applicable measurement practices outlined in the procedures for sound level measurement of snowmobiles endorsed by the international snowmobile industry association, January 1969, or such other sources of standards for the measurement of sound levels as the director may consider advisable.

Upon finding that any make or model of vehicle authorized to be tested under this section does not meet an applicable standard adopted by the director, the person conducting such THE test shall report that fact to the director, who shall immediately SHALL notify the manufacturer of the vehicle and the registrar of motor vehicles. Upon receipt of a notification, the registrar shall refuse to issue a certificate of registration to an owner or dealer with respect to any vehicle of the same make or model as that named in the notification until the vehicle has been modified in such manner as the director shall prescribe, and meets the applicable standard.

Sec. 4519.22. No person shall have for sale, sell, offer for sale, lease, rent, or otherwise furnish for hire in this state any new snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle which THAT fails to comply with any rule or regulation adopted by the director of public safety under section 4519.20 of the Revised Code, after the effective date of such THE rule or regulation.

Sec. 4519.40. The applicable provisions of Chapters 4511. and 4549. of the Revised Code shall be applied to the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles, except that no snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle shall be operated as follows:

(A) On any limited access highway or freeway or the right-of-way thereof, except for emergency travel only during such time and in such manner as the director of public safety shall designate;

(B) On any private property, or in any nursery or planting area, without the permission of the owner or other person having the right to possession of the property;

(C) On any land or waters controlled by the state, except at those locations where a sign has been posted permitting such operation;

(D) On the tracks or right-of-way of any operating railroad;

(E) While transporting any firearm, bow, or other implement for hunting, that is not unloaded and securely encased;

(F) For the purpose of chasing, pursuing, capturing, or killing any animal or wildfowl;

(G) During the time from one-half hour after sunset to one-half hour before sunrise, unless displaying lighted lights as required by section 4519.20 of the Revised Code.

Sec. 4519.41. Snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles being used for winter travel may be operated as follows:

(A) To make a crossing of a highway, other than a highway as designated in division (A) of section 4519.40 of the Revised Code, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right-of-way to any approaching traffic that presents an immediate hazard;

(B) On highways in the county or township road systems whenever the local authority having jurisdiction over such highways so permits;

(C) Off and alongside a street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle is intended and authorized to be operated;

(D) On the berm or shoulder of a highway, other than a highway as designated in division (A) of section 4519.40 of the Revised Code, when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane;

(E) ON THE BERM OR SHOULDER OF A COUNTY OR TOWNSHIP ROAD, WHILE TRAVELING FROM ONE AREA OF OPERATION OF THE SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE TO ANOTHER SUCH AREA.

Sec. 4519.42. The director of natural resources shall adopt and promulgate rules and regulations for the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on land or waters controlled by the state. The director shall also SHALL undertake a program relating to the development of trails and special areas for the use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles, and may require any permits for such use as he THE DIRECTOR considers necessary.

The director may designate employees of the department OF NATURAL RESOURCES to enforce any rules and regulations adopted under this section. An employee so designated shall have full authority to enforce any provisions PROVISION of Chapter 4519. of the Revised Code THIS CHAPTER with respect to the proper TITLING, registration, equipping, and operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles on land or waters controlled by the state.

Sec. 4519.43. A board of park commissioners of any park district created under Chapter 1545. of the Revised Code may provide by rule or regulation for the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles in the parks, parkways, and other reservations of land under its jurisdiction, and shall file a copy of any such rules or regulations with the director of natural resources.

Any employee of a board of park commissioners designated pursuant to section 1545.13 of the Revised Code shall have full authority to enforce any of the provisions of Chapter 4519. of the Revised Code THIS CHAPTER with respect to the proper TITLING, registration, equipping, and operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, or all-purpose vehicles within the lands under the jurisdiction and control of the board.

Sec. 4519.44. (A) No person who does not hold a valid, current motor vehicle driver's or commercial driver's license, motorcycle operator's endorsement, or probationary license, issued under Chapter 4506. or 4507. of the Revised Code, shall operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle on any street or highway in this state, on any portion of the right-of-way thereof, or on any public land or waters.

(B) No person who is less than sixteen EIGHTEEN years of age shall operate a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle on any land or waters other than private property or waters owned by or leased to such THE person's parent or guardian, unless accompanied by another person who is eighteen years of age, or older, and who holds a license as provided in division (A) of this section, except that the department of natural resources may permit such operation on state controlled land under its jurisdiction when such person is less than sixteen years of age but is twelve years of age or older and is accompanied by a parent or guardian who is a licensed driver eighteen years of age or older.

Sec. 4519.45. Any dealer who rents, leases, or otherwise furnishes a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle for hire shall maintain the vehicle in safe operating condition. No dealer, or his agent or employee OF A DEALER, shall rent, lease, or otherwise furnish a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle for hire to any person who does not hold a license as required by division (A) of section 4519.44 of the Revised Code, or to any person whom the dealer, his OR AN agent, or employee OF THE DEALER has reasonable cause to believe is incompetent to operate the vehicle in a safe and lawful manner.

Sec. 4519.46. The operator of a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle involved in any accident resulting in bodily injury to or death of any person, or damage to the property of any person in excess of one hundred dollars, shall report the accident within forty-eight hours to the state highway patrol, the sheriff of the county within which the accident occurred, or the chief of police, if the accident occurred within a municipal corporation, and shall, within thirty days, SHALL forward a written report of the accident to the registrar of motor vehicles on a form prescribed by the registrar. If the operator is physically incapable of making the reports and there is another participant in the accident not so incapacitated, such THE participant shall make the reports. In the event that there is no other participant, and the operator is other than the owner, the owner shall, within the prescribed periods of time, SHALL make the reports.

Any law enforcement officer, or other person authorized by sections 4519.42 and 4519.43 of the Revised Code, who investigates or receives information of an accident involving a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle, shall forward to the registrar a written report of the accident within forty-eight hours.

The registrar shall maintain a file of all reports received by him THE REGISTRAR of accidents involving a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. The reports shall be for the confidential use of the director of public safety and the director of natural resources in the development of equipment and operating regulations, and of programs relating to the safe use of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles, except that the registrar shall furnish a copy of such report to any person claiming to have been injured or damaged in such accident, or his THE PERSON'S attorney, upon the payment of a fee of one dollar.

Sec. 4519.47. Whenever a person is found guilty of operating a snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle in violation of any rule or regulation authorized to be promulgated ADOPTED under section 4519.21 or 4519.42 of the Revised Code, the trial judge of any court of record may, in addition to or independent of any other penalties provided by law, MAY impound for not less than sixty days the certificate of registration of such THAT snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle. The court shall send the impounded certificate of registration to the registrar of motor vehicles, who shall retain the certificate until the expiration of the period of impoundment.

Sec. 4519.48. Nothing contained in Chapter 4519. of the Revised Code THIS CHAPTER shall prevent local authorities from regulating the operation of snowmobiles, OFF-HIGHWAY MOTORCYCLES, and all-purpose vehicles on streets and highways and other public property under their jurisdiction, and within the reasonable exercise of the police power, except that no local authority shall require the registration or licensing of any snowmobile, OFF-HIGHWAY MOTORCYCLE, or all-purpose vehicle required to be registered OR TITLED under such THIS chapter.

Sec. 4519.51. THE REGISTRAR OF MOTOR VEHICLES SHALL ADOPT SUCH RULES AS THE REGISTRAR CONSIDERS NECESSARY TO ENSURE UNIFORM AND ORDERLY OPERATION OF SECTIONS 4519.51 TO 4519.70 OF THE REVISED CODE, AND THE CLERKS OF THE COURTS OF COMMON PLEAS SHALL CONFORM THERETO. THE REGISTRAR SHALL RECEIVE AND FILE IN THE REGISTRAR'S OFFICE ALL INFORMATION FORWARDED TO THE REGISTRAR BY THE CLERKS UNDER THOSE SECTIONS, AND THE CLERKS SHALL MAINTAIN IN THEIR OFFICES INDEXES FOR THE CERTIFICATES OF TITLE.

THE REGISTRAR SHALL CHECK WITH THE REGISTRAR'S RECORDS ALL CERTIFICATES OF TITLE RECEIVED IN THE REGISTRAR'S OFFICE FROM THE CLERKS. IF IT APPEARS THAT A CERTIFICATE OF TITLE HAS BEEN ISSUED IMPROPERLY, THE REGISTRAR SHALL CANCEL THE CERTIFICATE. UPON THE CANCELLATION OF ANY CERTIFICATE OF TITLE, THE REGISTRAR SHALL NOTIFY THE CLERK WHO ISSUED IT AND THE CLERK SHALL ENTER THE CANCELLATION IN THE CLERK'S RECORDS. THE REGISTRAR ALSO SHALL NOTIFY THE PERSON TO WHOM THE CERTIFICATE OF TITLE WAS ISSUED, AS WELL AS ANY LIENHOLDERS APPEARING THEREON, OF THE CANCELLATION AND SHALL DEMAND SURRENDER OF THE CERTIFICATE OF TITLE, BUT THE CANCELLATION SHALL NOT AFFECT THE VALIDITY OF ANY LIEN NOTED THEREON. THE HOLDER OF THE CERTIFICATE OF TITLE SHALL RETURN IT IMMEDIATELY TO THE REGISTRAR. THE CLERKS SHALL KEEP ON HAND A SUFFICIENT SUPPLY OF BLANK FORMS, WHICH, EXCEPT FOR THE CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE FORMS, SHALL BE FURNISHED AND DISTRIBUTED WITHOUT CHARGE TO REGISTERED MANUFACTURERS OR DEALERS, OR OTHER PERSONS RESIDING WITHIN THE COUNTY.

Sec. 4519.52. (A) EXCEPT AS PROVIDED IN SECTION 4519.54 OF THE REVISED CODE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, NO DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL SELL OR OTHERWISE TRANSFER A NEW OR USED OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO THE NEW OR USED MOTORCYCLE OR VEHICLE, IN ACCORDANCE WITH THIS CHAPTER, AND DELIVERING THE CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF TITLE TO THE PURCHASER OR TRANSFEREE.

(B)(1) A PERSON WHO IS NOT A DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES AND WHO, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, MAY CHOOSE TO OBTAIN A CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE. THE PERSON SHALL COMPLY WITH THIS CHAPTER IN ORDER TO OBTAIN THE CERTIFICATE OF TITLE.

(2) IF A PERSON WHO IS NOT A DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES AND WHO OWNS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OBTAINS A CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE, THAT PERSON SHALL NOT SELL OR OTHERWISE TRANSFER THE MOTORCYCLE OR VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR TRANSFEREE A CERTIFICATE OF TITLE WITH SUCH ASSIGNMENT THEREON AS IS NECESSARY TO SHOW TITLE IN THE PURCHASER OR TRANSFEREE, AND NO PERSON SHALL SUBSEQUENTLY PURCHASE OR OTHERWISE ACQUIRE THE MOTORCYCLE OR VEHICLE WITHOUT OBTAINING A CERTIFICATE OF TITLE TO THE MOTORCYCLE OR VEHICLE IN THE PERSON'S OWN NAME.

Sec. 4519.53. NO PERSON WHO ACQUIRES AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FROM THE OWNER THEREOF, IF THE OWNER IS A MANUFACTURER, IMPORTER, OR DEALER, ACQUIRES ANY RIGHT, TITLE, CLAIM, OR INTEREST IN OR TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE UNTIL THE PERSON HAS BEEN ISSUED A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR DELIVERED A MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR IT. NO WAIVER OR ESTOPPEL OPERATES IN FAVOR OF SUCH PERSON AGAINST A PERSON HAVING POSSESSION OF SUCH CERTIFICATE OF TITLE, OR MANUFACTURER'S OR IMPORTER'S CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, FOR A VALUABLE CONSIDERATION.

NO COURT IN ANY CASE AT LAW OR IN EQUITY SHALL RECOGNIZE THE RIGHT, TITLE, CLAIM, OR INTEREST OF ANY PERSON IN OR TO ANY OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SOLD OR DISPOSED OF, OR MORTGAGED OR ENCUMBERED, UNLESS EVIDENCED BY ONE OF THE FOLLOWING:

(A) A CERTIFICATE OF TITLE OR A MANUFACTURER'S OR IMPORTER'S CERTIFICATE ISSUED IN ACCORDANCE WITH THIS CHAPTER;

(B) ADMISSION IN THE PLEADINGS OR STIPULATION OF THE PARTIES.

Sec. 4519.54. NO MANUFACTURER, IMPORTER, DEALER, OR OTHER PERSON SHALL SELL OR OTHERWISE DISPOSE OF A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DEALER TO BE USED BY THE DEALER FOR PURPOSES OF DISPLAY AND RESALE, WITHOUT DELIVERING TO THE DEALER A MANUFACTURER'S OR IMPORTER'S CERTIFICATE EXECUTED IN ACCORDANCE WITH THIS SECTION, AND WITH SUCH ASSIGNMENTS THEREON AS ARE NECESSARY TO SHOW TITLE IN THE PURCHASER. NO DEALER SHALL PURCHASE OR ACQUIRE A NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT OBTAINING FROM THE SELLER THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE.

A MANUFACTURER'S OR IMPORTER'S CERTIFICATE OF THE ORIGIN OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL CONTAIN THE FOLLOWING INFORMATION, IN SUCH FORM AND TOGETHER WITH SUCH FURTHER INFORMATION AS THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE:

(A) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, INCLUDING ITS MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER;

(B) CERTIFICATION OF THE DATE OF TRANSFER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A DISTRIBUTOR OR DEALER OR OTHER TRANSFEREE, AND THE NAME AND ADDRESS OF THE TRANSFEREE;

(C) CERTIFICATION THAT THIS WAS THE FIRST TRANSFER OF THE NEW OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN ORDINARY TRADE AND COMMERCE;

(D) THE SIGNATURE AND ADDRESS OF A REPRESENTATIVE OF THE TRANSFEROR.

AN ASSIGNMENT OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS SHALL BE PRINTED ON THE REVERSE SIDE OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE IN A FORM TO BE PRESCRIBED BY THE REGISTRAR. THE ASSIGNMENT FORM SHALL INCLUDE THE NAME AND ADDRESS OF THE TRANSFEREE, A CERTIFICATION THAT THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IS NEW, AND A WARRANTY THAT THE TITLE AT THE TIME OF DELIVERY IS SUBJECT ONLY TO SUCH LIENS AND ENCUMBRANCES AS ARE SET FORTH AND DESCRIBED IN FULL IN THE ASSIGNMENT.

Sec. 4519.55. APPLICATION FOR A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS. THE APPLICATION SHALL BE FILED WITH THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE APPLICANT RESIDES IF THE APPLICANT IS A RESIDENT OF THIS STATE OR, IF NOT A RESIDENT, IN THE COUNTY IN WHICH THE TRANSACTION IS CONSUMMATED. THE APPLICATION SHALL BE ACCOMPANIED BY THE FEE PRESCRIBED IN SECTION 4519.59 OF THE REVISED CODE AND, IF A CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION ALSO SHALL BE ACCOMPANIED BY THE CERTIFICATE OF TITLE DULY ASSIGNED, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER. IF A CERTIFICATE OF TITLE PREVIOUSLY HAS NOT BEEN ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL BE ACCOMPANIED BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE; BY A SWORN STATEMENT OF OWNERSHIP; OR BY A CERTIFICATE OF TITLE, BILL OF SALE, OR OTHER EVIDENCE OF OWNERSHIP REQUIRED BY LAW OF ANOTHER STATE FROM WHICH THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WAS BROUGHT INTO THIS STATE. THE REGISTRAR, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL PRESCRIBE THE TYPES OF ADDITIONAL DOCUMENTATION SUFFICIENT TO ESTABLISH PROOF OF OWNERSHIP, INCLUDING, BUT NOT LIMITED TO, RECEIPTS FROM THE PURCHASE OF PARTS OR COMPONENTS, PHOTOGRAPHS, AND AFFIDAVITS OF OTHER PERSONS. FOR PURPOSES OF THE TRANSFER OF A CERTIFICATE OF TITLE, IF THE CLERK IS SATISFIED THAT A SECURED PARTY HAS DULY DISCHARGED A LIEN NOTATION, BUT HAS NOT CANCELED THE LIEN NOTATION WITH THE CLERK OF THE COUNTY OF ORIGIN, THE CLERK MAY CANCEL THE LIEN NOTATION OF THE AUTOMATED TITLE PROCESSING SYSTEM AND NOTIFY THE CLERK OF THE COUNTY OF ORIGIN.

IN THE CASE OF THE SALE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY A VENDOR TO A GENERAL PURCHASER OR USER, THE CERTIFICATE OF TITLE SHALL BE OBTAINED IN THE NAME OF THE PURCHASER BY THE VENDOR UPON APPLICATION SIGNED BY THE PURCHASER. IN ALL OTHER CASES THE CERTIFICATE SHALL BE OBTAINED BY THE PURCHASER. IN ALL CASES OF TRANSFER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE APPLICATION FOR CERTIFICATE OF TITLE SHALL BE FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. IF THE APPLICATION FOR CERTIFICATE OF TITLE IS NOT FILED WITHIN THIRTY DAYS AFTER THE LATER OF THE DATE OF PURCHASE OR ASSIGNMENT OF OWNERSHIP OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL CHARGE A LATE FILING FEE OF FIVE DOLLARS IN ADDITION TO THE FEE PRESCRIBED BY SECTION 4519.59 OF THE REVISED CODE. THE CLERK SHALL RETAIN THE ENTIRE AMOUNT OF EACH LATE FILING FEE.

EXCEPT IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL REFUSE TO ACCEPT AN APPLICATION FOR CERTIFICATE OF TITLE UNLESS THE APPLICANT EITHER TENDERS WITH THE APPLICATION PAYMENT OF ALL TAXES LEVIED BY OR PURSUANT TO CHAPTER 5739. OR 5741. OF THE REVISED CODE, OR SUBMITS ANY OF THE FOLLOWING:

(A) A RECEIPT ISSUED BY THE TAX COMMISSIONER OR A CLERK OF COURTS SHOWING PAYMENT OF THE TAX;

(B) A COPY OF THE UNIT CERTIFICATE OF EXEMPTION COMPLETED BY THE PURCHASER AT THE TIME OF SALE, AS PROVIDED IN SECTION 5739.03 OF THE REVISED CODE;

(C) AN EXEMPTION CERTIFICATE, IN ANY FORM PRESCRIBED BY THE TAX COMMISSIONER, THAT SPECIFIES WHY THE PURCHASE IS NOT SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE.

PAYMENT OF THE TAX SHALL BE MADE IN ACCORDANCE WITH DIVISION (E) OF SECTION 4505.06 OF THE REVISED CODE AND ANY RULES ISSUED BY THE TAX COMMISSIONER. WHEN A DEALER SUBMITS PAYMENT OF THE TAX TO THE CLERK, THE DEALER SHALL RETAIN ANY DISCOUNT TO WHICH THE DEALER IS ENTITLED UNDER SECTION 5739.12 OF THE REVISED CODE. THE CLERK SHALL ISSUE A RECEIPT IN THE FORM PRESCRIBED BY THE TAX COMMISSIONER TO ANY APPLICANT WHO TENDERS PAYMENT OF THE TAX WITH THE APPLICATION FOR A CERTIFICATE OF TITLE. IF THE APPLICATION FOR A CERTIFICATE OF TITLE IS FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE CLERK SHALL ACCEPT THE APPLICATION WITHOUT PAYMENT OF THE TAXES LEVIED BY OR PURSUANT TO CHAPTER 5739. OR 5741. OF THE REVISED CODE OR PRESENTATION OF ANY OF THE ITEMS LISTED IN DIVISIONS (A) TO (C) OF THIS SECTION.

FOR RECEIVING AND DISBURSING SUCH TAXES PAID TO THE CLERK, THE CLERK MAY RETAIN A POUNDAGE FEE OF ONE AND ONE-HUNDREDTH PER CENT OF THE TAXES COLLECTED, WHICH SHALL BE PAID INTO THE CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE REVISED CODE. IN THE CASE OF CASUAL SALES OF OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES THAT ARE SUBJECT TO THE TAX IMPOSED BY CHAPTER 5739. OR 5741. OF THE REVISED CODE, THE PURCHASE PRICE FOR THE PURPOSE OF DETERMINING THE TAX SHALL BE THE PURCHASE PRICE ON AN AFFIDAVIT EXECUTED AND FILED WITH THE CLERK BY THE SELLER ON A FORM TO BE PRESCRIBED BY THE REGISTRAR, WHICH SHALL BE PRIMA-FACIE EVIDENCE OF THE PRICE FOR THE DETERMINATION OF THE TAX. IN ADDITION TO THE INFORMATION REQUIRED BY SECTION 4519.57 OF THE REVISED CODE, EACH CERTIFICATE OF TITLE SHALL CONTAIN IN BOLD LETTERING THE FOLLOWING NOTIFICATION AND STATEMENTS: "NOTICE TO TRANSFEROR: YOU ARE REQUIRED BY LAW TO ENTER ALL INFORMATION REQUIRED ON THIS TITLE, INCLUDING THE TRUE SELLING PRICE. THE MAKING OF A FALSE STATEMENT UNDER OATH OR AFFIRMATION IS IN VIOLATION OF SECTION 2921.13 OF THE REVISED CODE AND IS PUNISHABLE BY SIX MONTHS IMPRISONMENT AND A FINE OF UP TO ONE THOUSAND DOLLARS, OR BOTH."

THE CLERK SHALL FORWARD ALL PAYMENTS OF TAXES, LESS POUNDAGE FEES, TO THE TREASURER OF STATE IN A MANNER TO BE PRESCRIBED BY THE TAX COMMISSIONER AND SHALL FURNISH SUCH INFORMATION TO THE COMMISSIONER AS THE COMMISSIONER MAY REQUIRE.

Sec. 4519.56. (A) AN APPLICATION FOR A CERTIFICATE OF TITLE SHALL BE SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS BY THE LAWFUL OWNER OR PURCHASER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL CONTAIN AT LEAST THE FOLLOWING INFORMATION IN A FORM AND TOGETHER WITH ANY OTHER INFORMATION THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE:

(1) NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR EMPLOYER'S TAX IDENTIFICATION NUMBER OF THE APPLICANT;

(2) STATEMENT OF HOW THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WAS ACQUIRED;

(3) NAME AND ADDRESS OF THE PREVIOUS OWNER;

(4) A STATEMENT OF ALL LIENS, MORTGAGES, OR OTHER ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AND THE NAME AND ADDRESS OF EACH HOLDER THEREOF;

(5) IF THERE ARE NO OUTSTANDING LIENS, MORTGAGES, OR OTHER ENCUMBRANCES, A STATEMENT OF THAT FACT;

(6) A DESCRIPTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, INCLUDING THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER.

IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE MANUFACTURER, THIS NUMBER SHALL BE USED AS THE VEHICLE IDENTIFICATION NUMBER. IF THE APPLICATION FOR A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT CONTAINS SUCH A PERMANENT IDENTIFICATION NUMBER, BUT FOR WHICH NO CERTIFICATE OF TITLE HAS BEEN ISSUED PREVIOUSLY BY THIS STATE, THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE AS DESCRIBED IN DIVISION (B) OF THIS SECTION.

IF THERE IS NO MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OR IF THE MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER HAS BEEN REMOVED OR OBLITERATED, THE REGISTRAR, UPON RECEIPT OF A PRESCRIBED APPLICATION AND PROOF OF OWNERSHIP, BUT PRIOR TO ISSUANCE OF A CERTIFICATE OF TITLE, SHALL ASSIGN A VEHICLE IDENTIFICATION NUMBER FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. THIS ASSIGNED VEHICLE IDENTIFICATION NUMBER SHALL BE PERMANENTLY AFFIXED TO OR IMPRINTED UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE PLACE AND IN THE MANNER DESIGNATED BY THE REGISTRAR, BY A LICENSED MOTOR VEHICLE DEALER THAT ENGAGES IN THE BUSINESS OF SELLING OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES. THE DEALER MAY CHARGE A FEE NOT TO EXCEED TWENTY DOLLARS FOR THIS SERVICE.

THE STATE HIGHWAY PATROL SHALL INSPECT EVERY SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO DETERMINE WHETHER THE ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN PROPERLY AND PERMANENTLY AFFIXED OR IMPRINTED. IF THE STATE HIGHWAY PATROL DETERMINES THAT THE ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN PROPERLY AND PERMANENTLY AFFIXED OR IMPRINTED, IT SHALL ISSUE TO THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AN INSPECTION CERTIFICATE, WHICH SHALL BE PRESENTED TO THE CLERK OF THE COURT OF COMMON PLEAS WITH THE APPLICATION FOR A CERTIFICATE OF TITLE FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. THE STATE HIGHWAY PATROL SHALL ASSESS A FEE OF TWENTY DOLLARS FOR EACH INSPECTION MADE PURSUANT TO THIS SECTION, WHICH SHALL BE DEPOSITED IN THE STATE HIGHWAY SAFETY FUND ESTABLISHED BY SECTION 4501.06 OF THE REVISED CODE.

(B) IF THE APPLICATION FOR A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT CONTAINS A PERMANENT IDENTIFICATION NUMBER PLACED THEREON BY THE MANUFACTURER, BUT FOR WHICH NO CERTIFICATE OF TITLE PREVIOUSLY HAS BEEN ISSUED BY THIS STATE, THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR. THE PHYSICAL INSPECTION SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE OR AT AN ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR VEHICLE DEALER. ADDITIONALLY, THE PHYSICAL INSPECTION OF A SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER 4738. OF THE REVISED CODE. THE DEPUTY REGISTRAR, MOTOR VEHICLE DEALER, OR SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE PHYSICAL INSPECTION.

THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING SUMS INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 4501.25 OF THE REVISED CODE.

Sec. 4519.57. THE CLERK OF THE COURT OF COMMON PLEAS SHALL ISSUE CERTIFICATES OF TITLE FOR OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES OVER THE CLERK'S OFFICIAL SEAL. THE FRONT SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN THE INFORMATION REQUIRED IN THE APPLICATION THEREFOR AS PRESCRIBED BY SECTION 4519.56 OF THE REVISED CODE, SPACES FOR THE DATES OF NOTATION AND CANCELLATION OF TWO LIENS, MORTGAGES, OR ENCUMBRANCES, AND ANY OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY THE REGISTRAR OF MOTOR VEHICLES, BUT SHALL CONTAIN NEITHER THE SOCIAL SECURITY NUMBER NOR TAXPAYER IDENTIFICATION NUMBER OF THE APPLICANT. THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE SHALL CONTAIN ALL OF THE INFORMATION SPECIFIED IN DIVISION (F) OF SECTION 4505.07 OF THE REVISED CODE. AN ASSIGNMENT OF CERTIFICATE OF TITLE BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS SHALL APPEAR ON THE REVERSE SIDE OF EACH CERTIFICATE OF TITLE IN THE FORM TO BE PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES. THE ASSIGNMENT FORM SHALL INCLUDE A WARRANTY THAT THE SIGNER IS THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND THAT THERE ARE NO MORTGAGES, LIENS, OR ENCUMBRANCES ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE EXCEPT AS ARE NOTED ON THE FACE OF THE CERTIFICATE OF TITLE.

CERTIFICATES OF TITLE ALSO SHALL BEAR A STATEMENT THAT LIENS APPLICABLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OTHER THAN THE TWO FOR WHICH THERE ARE SPACES ON THE TITLES MAY EXIST AND, IF SO, ARE ENTERED INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES.

Sec. 4519.58. THE CLERK OF THE COURT OF COMMON PLEAS SHALL ISSUE CERTIFICATES OF TITLE IN DUPLICATE. ONE COPY SHALL BE RETAINED AND FILED BY THE CLERK IN THE CLERK'S OFFICE, AND THE INFORMATION CONTAINED IN IT SHALL BE TRANSMITTED TO THE REGISTRAR OF MOTOR VEHICLES ON THE DAY IT IS ISSUED. THE CLERK SHALL SIGN AND AFFIX THE CLERK'S SEAL TO THE ORIGINAL CERTIFICATE OF TITLE AND, IF THERE ARE NO LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, SHALL DELIVER THE CERTIFICATE TO THE APPLICANT. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IF THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL BE DELIVERED TO THE HOLDER OF THE FIRST LIEN. IF THE CERTIFICATE OF TITLE IS OBTAINED BY A DEALER ON BEHALF OF THE APPLICANT AND THERE ARE ONE OR MORE LIENS ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CLERK SHALL ISSUE BOTH A CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE. THE CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE SHALL BE DELIVERED TO THE DEALER, WHO SHALL DELIVER THE CERTIFICATE OF TITLE TO THE HOLDER OF THE FIRST LIEN AND THE MEMORANDUM CERTIFICATE OF TITLE TO THE APPLICANT.

THE REGISTRAR SHALL PRESCRIBE A UNIFORM METHOD OF NUMBERING CERTIFICATES OF TITLE. THE NUMBERING SHALL BE IN SUCH MANNER THAT THE COUNTY OF ISSUANCE IS INDICATED. NUMBERS SHALL BE ASSIGNED TO CERTIFICATES OF TITLE IN THE MANNER PRESCRIBED BY THE REGISTRAR. THE CLERK SHALL FILE ALL CERTIFICATES OF TITLE ACCORDING TO THE RULES TO BE PRESCRIBED BY THE REGISTRAR, AND THE CLERK SHALL MAINTAIN IN THE CLERK'S OFFICE INDEXES FOR THE CERTIFICATES OF TITLE.

THE CLERK NEED NOT RETAIN ON FILE ANY CURRENT CERTIFICATES OF TITLE, CURRENT DUPLICATE CERTIFICATES OF TITLE, CURRENT MEMORANDUM CERTIFICATES OF TITLE, OR CURRENT SALVAGE CERTIFICATES OF TITLE OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN SEVEN YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER THE SAME MAY BE DESTROYED. THE CLERK NEED NOT RETAIN ON FILE ANY INACTIVE RECORDS INCLUDING CERTIFICATES OF TITLE, DUPLICATE CERTIFICATES OF TITLE, MEMORANDUM CERTIFICATES OF TITLE, OR SUPPORTING EVIDENCE THEREOF COVERING ANY OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR A PERIOD LONGER THAN FIVE YEARS AFTER THE DATE OF THEIR FILING; THEREAFTER, THE SAME MAY BE DESTROYED. THE CLERK SHALL RETAIN THE ACTIVE INDEX AND ALL ACTIVE RECORDS IN THE DATA BASE OF THE COMPUTER IN THE CLERK'S OFFICE, AND SHALL RETAIN IN THE DATA BASE A RECORD AND INDEX OF ALL INACTIVE TITLES FOR TEN YEARS. IF THE CLERK PROVIDES A WRITTEN COPY OF ANY INFORMATION CONTAINED IN THE DATA BASE, THE COPY SHALL BE CONSIDERED THE ORIGINAL FOR PURPOSES OF THE CLERK CERTIFYING THE RECORD OF THE INFORMATION FOR USE IN ANY LEGAL PROCEEDING.

Sec. 4519.59. THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE OF TITLE, DUPLICATE CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, AND NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE. THE CLERK SHALL RETAIN TWO DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH CERTIFICATE OF TITLE, FOUR DOLLARS AND SEVENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH DUPLICATE CERTIFICATE OF TITLE, ALL OF THE FEES CHARGED FOR EACH MEMORANDUM CERTIFICATE, AND FOUR DOLLARS AND TWENTY-FIVE CENTS OF THE FEE CHARGED FOR EACH NOTATION OF A LIEN.

THE REMAINING TWO DOLLARS AND SEVENTY-FIVE CENTS CHARGED FOR THE CERTIFICATE OF TITLE, THE REMAINING TWENTY-FIVE CENTS CHARGED FOR THE DUPLICATE CERTIFICATE OF TITLE, AND THE REMAINING SEVENTY-FIVE CENTS CHARGED FOR THE NOTATION OF ANY LIEN ON A CERTIFICATE OF TITLE SHALL BE PAID TO THE REGISTRAR OF MOTOR VEHICLES BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS FORWARDED OR THAT IN WHICH THE REGISTRAR IS NOTIFIED OF A LIEN OR CANCELLATION THEREOF. THE REGISTRAR SHALL PAY TWENTY-FIVE CENTS OF EACH FEE THE REGISTRAR RECEIVES FROM THE CLERK FOR A CERTIFICATE OF TITLE INTO THE STATE TREASURY TO THE CREDIT OF THE MOTOR VEHICLE SALES AUDIT FUND CREATED BY SECTION 4505.09 OF THE REVISED CODE.

THE REGISTRAR SHALL DEPOSIT ALL REMAINING MONEYS RECEIVED BY THE REGISTRAR UNDER THIS SECTION IN THE AUTOMATED TITLE PROCESSING FUND, CREATED IN SECTION 4505.09 OF THE REVISED CODE. MONEYS DEPOSITED IN THAT FUND UNDER THIS SECTION SHALL BE USED FOR THE PURPOSE SPECIFIED IN DIVISION (B)(3)(c) OF THAT SECTION.

Sec. 4519.60. IN THE EVENT OF THE TRANSFER OF OWNERSHIP OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY OPERATION OF LAW, AS UPON INHERITANCE, DEVISE OR BEQUEST, ORDER IN BANKRUPTCY, INSOLVENCY, REPLEVIN, OR EXECUTION OF SALE, OR WHEN REPOSSESSION IS HAD UPON DEFAULT IN PERFORMANCE OF THE TERMS OF A SECURITY AGREEMENT AS PROVIDED IN CHAPTER 1309. of the Revised Code, THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE LAST CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WAS ISSUED, UPON THE SURRENDER OF THE PRIOR CERTIFICATE OF TITLE OR THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, OR, WHEN THAT IS NOT POSSIBLE, UPON PRESENTATION TO THE CLERK OF SATISFACTORY PROOF OF OWNERSHIP AND RIGHTS OF POSSESSION TO SUCH OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AND UPON PAYMENT OF THE FEE PRESCRIBED IN SECTION 4519.59 of the Revised Code, AND PRESENTATION OF AN APPLICATION FOR CERTIFICATE OF TITLE, MAY ISSUE TO THE APPLICANT A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. ONLY AN AFFIDAVIT BY THE PERSON OR AGENT OF THE PERSON TO WHOM POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS PASSED, SETTING FORTH THE FACTS ENTITLING THE PERSON TO SUCH POSSESSION AND OWNERSHIP, TOGETHER WITH A COPY OF THE JOURNAL ENTRY, COURT ORDER, OR INSTRUMENT UPON WHICH THE CLAIM OF POSSESSION AND OWNERSHIP IS FOUNDED, IS SATISFACTORY PROOF OF OWNERSHIP AND RIGHT OF POSSESSION. IF THE APPLICANT CANNOT PRODUCE SUCH PROOF OF OWNERSHIP, THE APPLICANT MAY APPLY DIRECTLY TO THE REGISTRAR OF MOTOR VEHICLES AND SUBMIT THE EVIDENCE THE APPLICANT HAS, AND THE REGISTRAR, UPON FINDING THE EVIDENCE SUFFICIENT, MAY AUTHORIZE THE CLERK TO ISSUE A CERTIFICATE OF TITLE. IF, FROM THE RECORDS IN THE OFFICE OF THE CLERK, THERE APPEARS TO BE ANY LIEN ON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE CERTIFICATE OF TITLE SHALL CONTAIN A STATEMENT OF THE LIEN UNLESS THE APPLICATION IS ACCOMPANIED BY PROPER EVIDENCE OF ITS EXTINCTION.

Sec. 4519.61. (A) EACH OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND EACH PERSON MENTIONED AS OWNER IN THE LAST CERTIFICATE OF TITLE, WHEN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IS DISMANTLED, DESTROYED, OR CHANGED IN SUCH MANNER THAT IT LOSES ITS CHARACTER AS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR CHANGED IN SUCH MANNER THAT IT IS NOT THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE CERTIFICATE OF TITLE, SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS WHO ISSUED IT, AND THEREUPON THE CLERK, WITH THE CONSENT OF THE HOLDERS OF ANY LIENS NOTED THEREON, SHALL ENTER A CANCELLATION UPON THE CLERK'S RECORDS AND SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES OF THE CANCELLATION.

UPON THE CANCELLATION OF A CERTIFICATE OF TITLE IN THE MANNER PRESCRIBED BY THIS SECTION, THE CLERK AND THE REGISTRAR MAY CANCEL AND DESTROY ALL CERTIFICATES AND ALL MEMORANDUM CERTIFICATES IN THAT CHAIN OF TITLE.

(B) WHERE AN OHIO CERTIFICATE OF TITLE OR SALVAGE CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IS ASSIGNED TO A SALVAGE DEALER, THE DEALER SHALL NOT BE REQUIRED TO OBTAIN AN OHIO CERTIFICATE OF TITLE OR A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE DEALER'S OWN NAME IF THE DEALER DISMANTLES OR DESTROYS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, COMPLETES THE ASSIGNMENT ON THE CERTIFICATE OF TITLE OR SALVAGE CERTIFICATE OF TITLE, INDICATES THE NUMBER OF THE DEALER'S MOTOR VEHICLE SALVAGE DEALER'S LICENSE THEREON, MARKS "FOR DESTRUCTION" ACROSS THE FACE OF THE CERTIFICATE OF TITLE OR SALVAGE CERTIFICATE OF TITLE, AND SURRENDERS THE CERTIFICATE OF TITLE OR SALVAGE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN DIVISION (A) OF THIS SECTION. IF THE SALVAGE DEALER RETAINS THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR RESALE, THE SALVAGE DEALER SHALL MAKE APPLICATION FOR A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE SALVAGE DEALER'S OWN NAME AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION.

(C)(1) WHEN AN INSURANCE COMPANY DECLARES IT ECONOMICALLY IMPRACTICAL TO REPAIR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND HAS PAID AN AGREED PRICE FOR THE PURCHASE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ANY INSURED OR CLAIMANT OWNER, THE INSURANCE COMPANY SHALL RECEIVE THE CERTIFICATE OF TITLE AND OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND PROCEED AS FOLLOWS. WITHIN THIRTY DAYS THE INSURANCE COMPANY SHALL DELIVER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS AND SHALL MAKE APPLICATION FOR A SALVAGE CERTIFICATE OF TITLE. THE CLERK SHALL ISSUE THE SALVAGE CERTIFICATE OF TITLE ON A FORM, PRESCRIBED BY THE REGISTRAR, THAT SHALL BE EASILY DISTINGUISHABLE FROM THE ORIGINAL CERTIFICATE OF TITLE AND SHALL BEAR THE SAME NUMBER AND INFORMATION AS THE ORIGINAL CERTIFICATE OF TITLE. EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, THE SALVAGE CERTIFICATE OF TITLE SHALL BE ASSIGNED BY THE INSURANCE COMPANY TO A SALVAGE DEALER OR ANY OTHER PERSON FOR USE AS EVIDENCE OF OWNERSHIP UPON THE SALE OR OTHER DISPOSITION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AND THE SALVAGE CERTIFICATE OF TITLE SHALL BE TRANSFERABLE TO ANY OTHER PERSON. THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE OF FOUR DOLLARS FOR THE COST OF PROCESSING EACH SALVAGE CERTIFICATE OF TITLE.

(2) IF AN INSURANCE COMPANY CONSIDERS AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS DESCRIBED IN DIVISION (C)(1) OF THIS SECTION TO BE IMPOSSIBLE TO RESTORE FOR HIGHWAY OPERATION, THE INSURANCE COMPANY MAY ASSIGN THE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO A SALVAGE DEALER OR SCRAP METAL PROCESSING FACILITY AND SEND THE ASSIGNED CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE SALVAGE DEALER OR SCRAP METAL PROCESSING FACILITY IS LOCATED. THE INSURANCE COMPANY SHALL MARK THE FACE OF THE CERTIFICATE OF TITLE "FOR DESTRUCTION" AND SHALL DELIVER A PHOTOCOPY OF THE CERTIFICATE OF TITLE TO THE SALVAGE DEALER OR SCRAP METAL PROCESSING FACILITY FOR ITS RECORDS.

(3) IF AN INSURANCE COMPANY DECLARES IT ECONOMICALLY IMPRACTICAL TO REPAIR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AGREES TO PAY TO THE INSURED OR CLAIMANT OWNER AN AMOUNT IN SETTLEMENT OF A CLAIM AGAINST A POLICY OF MOTOR VEHICLE INSURANCE COVERING THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AND AGREES TO PERMIT THE INSURED OR CLAIMANT OWNER TO RETAIN POSSESSION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE INSURANCE COMPANY SHALL NOT PAY THE INSURED OR CLAIMANT OWNER ANY AMOUNT IN SETTLEMENT OF THE INSURANCE CLAIM UNTIL THE OWNER OBTAINS A SALVAGE CERTIFICATE OF TITLE TO THE VEHICLE AND FURNISHES A COPY OF THE SALVAGE CERTIFICATE OF TITLE TO THE INSURANCE COMPANY.

(D) WHEN A SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED CREDITOR BECOMES THE OWNER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS BURNED, DAMAGED, OR DISMANTLED AND IS DETERMINED TO BE ECONOMICALLY IMPRACTICAL TO REPAIR, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL DO ONE OF THE FOLLOWING:

(1) MARK THE FACE OF THE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE "FOR DESTRUCTION" AND SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS FOR CANCELLATION AS DESCRIBED IN DIVISION (A) OF THIS SECTION. THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED CREDITOR THEREUPON SHALL DELIVER THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, TOGETHER WITH A PHOTOCOPY OF THE CERTIFICATE OF TITLE, TO A SALVAGE DEALER OR SCRAP METAL PROCESSING FACILITY AND SHALL CAUSE THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO BE DISMANTLED, FLATTENED, CRUSHED, OR DESTROYED.

(2) OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED CREDITOR, AS PROVIDED IN DIVISION (C)(1) OF THIS SECTION, AND THEN SELL OR OTHERWISE DISPOSE OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. IF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IS SOLD, THE SELF-INSURED ORGANIZATION, RENTAL OR LEASING COMPANY, OR SECURED CREDITOR SHALL OBTAIN A SALVAGE CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE NAME OF THE PURCHASER FROM THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PURCHASER RESIDES.

(E) IF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TITLED WITH A SALVAGE CERTIFICATE OF TITLE IS RESTORED FOR OPERATION, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF COMMON PLEAS FOR A CERTIFICATE OF TITLE AFTER INSPECTION BY THE STATE HIGHWAY PATROL. THE INSPECTION SHALL INCLUDE ESTABLISHING PROOF OF OWNERSHIP AND AN INSPECTION OF THE MOTOR NUMBER AND VEHICLE IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND OF DOCUMENTATION OR RECEIPTS FOR THE MATERIALS USED IN RESTORATION BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BEING INSPECTED, WHICH DOCUMENTATION OR RECEIPTS SHALL BE PRESENTED AT THE TIME OF INSPECTION. UPON SUCCESSFUL COMPLETION OF THE INSPECTION, THE STATE HIGHWAY PATROL SHALL ISSUE TO THE OWNER A COMPLETED INSPECTION FORM. THE CLERK, UPON SUBMISSION OF THE COMPLETED INSPECTION FORM AND SURRENDER OF THE SALVAGE CERTIFICATE OF TITLE, SHALL ISSUE A CERTIFICATE OF TITLE FOR A FEE PRESCRIBED BY THE REGISTRAR. THE CERTIFICATE OF TITLE SHALL BE IN THE SAME FORM AS THE ORIGINAL CERTIFICATE OF TITLE, SHALL BEAR THE SAME NUMBER AS THE SALVAGE CERTIFICATE OF TITLE AND THE ORIGINAL CERTIFICATE OF TITLE, AND SHALL BEAR THE WORDS "REBUILT SALVAGE" IN BLACK BOLDFACE LETTERS ON ITS FACE. EVERY SUBSEQUENT CERTIFICATE OF TITLE, MEMORANDUM CERTIFICATE OF TITLE, OR CERTIFIED COPY OF A CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF TITLE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE ALSO SHALL BEAR THE WORDS "REBUILT SALVAGE" IN BLACK BOLDFACE LETTERS ON ITS FACE. THE EXACT LOCATION ON THE FACE OF THE CERTIFICATE OF TITLE OF THE WORDS "REBUILT SALVAGE" SHALL BE DETERMINED BY THE REGISTRAR, WHO SHALL DEVELOP AN AUTOMATED PROCEDURE WITHIN THE AUTOMATED TITLE PROCESSING SYSTEM TO COMPLY WITH THIS DIVISION. THE CLERK SHALL USE REASONABLE CARE IN PERFORMING THE DUTIES IMPOSED ON THE CLERK BY THIS DIVISION IN ISSUING A CERTIFICATE OF TITLE PURSUANT TO THIS DIVISION, BUT THE CLERK IS NOT LIABLE FOR ERRORS OR OMISSIONS OF THE CLERK OF COURTS, THE CLERK'S DEPUTIES, OR THE AUTOMATED TITLE PROCESSING SYSTEM IN THE PERFORMANCE OF SUCH DUTIES. A FEE OF FORTY DOLLARS IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL YEAR 1999 AND THEREAFTER SHALL BE ASSESSED BY THE STATE HIGHWAY PATROL FOR EACH INSPECTION MADE PURSUANT TO THIS DIVISION.

(F) NO OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE THE CERTIFICATE OF TITLE TO WHICH HAS BEEN MARKED "FOR DESTRUCTION" AND SURRENDERED TO THE CLERK OF THE COURT OF COMMON PLEAS SHALL BE USED FOR ANYTHING EXCEPT PARTS AND SCRAP METAL.

Sec. 4519.62. IN THE EVENT OF A LOST OR DESTROYED CERTIFICATE OF TITLE, APPLICATION SHALL BE MADE TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY WHERE THE CERTIFICATE OF TITLE WAS ISSUED, BY THE OWNER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR THE HOLDER OF A LIEN THEREON, FOR A CERTIFIED COPY OF THE CERTIFICATE, UPON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES AND ACCOMPANIED BY THE FEE PRESCRIBED BY SECTION 4519.59 of the Revised Code. THE APPLICATION SHALL BE SIGNED AND SWORN TO BY THE PERSON MAKING THE APPLICATION, AND THE CLERK SHALL ISSUE A CERTIFIED COPY OF THE CERTIFICATE OF TITLE TO THE PERSON ENTITLED TO RECEIVE IT UNDER THIS CHAPTER. THE CERTIFIED COPY SHALL BE PLAINLY MARKED ACROSS ITS FACE WITH THE WORD "DUPLICATE," AND ANY SUBSEQUENT PURCHASER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IN THE CHAIN OF TITLE ORIGINATING THROUGH THE CERTIFIED COPY ACQUIRES ONLY SUCH RIGHTS IN THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS THE ORIGINAL HOLDER OF THE CERTIFIED COPY HAD. ANY PURCHASER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, AT THE TIME OF PURCHASE, MAY REQUIRE THE SELLER OF THE SAME TO INDEMNIFY THE PURCHASER AND ALL SUBSEQUENT PURCHASERS OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AGAINST ANY LOSS THAT THE PURCHASER OR SUBSEQUENT PURCHASERS MAY SUFFER BY REASON OF ANY CLAIM PRESENTED UPON THE ORIGINAL CERTIFICATE. IN THE EVENT OF THE RECOVERY OF THE ORIGINAL CERTIFICATE OF TITLE BY SAID OWNER, THE OWNER SHALL SURRENDER FORTHWITH THE ORIGINAL CERTIFICATE OF TITLE TO THE CLERK FOR CANCELLATION.

THE HOLDER OF A CERTIFICATE OF TITLE FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE UPON WHICH IS NOTED AN EXISTING LIEN, ENCUMBRANCE, OR MORTGAGE, MAY MAKE APPLICATION AT ANY TIME TO THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE FOR A MEMORANDUM CERTIFICATE, WHICH APPLICATION SHALL BE MADE IN THE FORM PRESCRIBED BY THE REGISTRAR AND SIGNED AND SWORN TO BY THE APPLICANT. UPON RECEIPT OF THE APPLICATION, IF IT APPEARS TO BE REGULAR, TOGETHER WITH THE FEE PRESCRIBED BY SECTION 4519.59 of the Revised Code, THE CLERK SHALL ISSUE TO THE APPLICANT A MEMORANDUM CERTIFICATE FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE. IN THE EVENT THE MEMORANDUM CERTIFICATE IS LOST OR DESTROYED, THE HOLDER THEREOF MAY OBTAIN A CERTIFIED COPY OF THE SAME ON A FORM PRESCRIBED BY THE REGISTRAR AND ACCOMPANIED BY THE FEE PRESCRIBED IN SECTION 4519.59 of the Revised Code. THE MEMORANDUM CERTIFICATE IS NOT ASSIGNABLE AND CONSTITUTES NO EVIDENCE OF TITLE OR OF RIGHT TO TRANSFER OR ENCUMBER THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED THEREIN.

Sec. 4519.63. THE REGISTRAR OF MOTOR VEHICLES OR THE CLERK OF THE COURT OF COMMON PLEAS, UPON THE APPLICATION OF ANY PERSON AND PAYMENT OF THE PROPER FEES, MAY PREPARE AND FURNISH TITLE INFORMATION REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES IN THE FORM AND SUBJECT TO ANY TERRITORIAL DIVISION OR OTHER CLASSIFICATION AS THEY MAY DIRECT. THE REGISTRAR OR THE CLERK MAY SEARCH THE RECORDS OF THE BUREAU OF MOTOR VEHICLES AND THE CLERK REGARDING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES AND MAKE REPORTS THEREOF, AND MAKE COPIES OF THEIR TITLE INFORMATION AND ATTESTATIONS THEREOF.

FEES THEREFOR SHALL BE CHARGED AND COLLECTED AS FOLLOWS:

(A) FOR LISTS CONTAINING THREE THOUSAND TITLES OR MORE, TWENTY-FIVE DOLLARS PER THOUSAND OR PART THEREOF;

(B) FOR SEARCHES OF THE RECORDS AND WRITTEN REPORTS THEREOF, TWO DOLLARS FOR EACH NAME, NUMBER, OR FACT SEARCHED OR REPORTED ON;

(C) FOR COPIES OF RECORDS AND ATTESTATIONS THEREOF, TWO DOLLARS PER COPY. THE REGISTRAR AND CLERK MAY CERTIFY COPIES OF RECORDS GENERATED BY AN AUTOMATED TITLE PROCESSING SYSTEM.

SUCH COPIES SHALL BE TAKEN AS PRIMA-FACIE EVIDENCE OF THE FACTS THEREIN STATED IN ANY COURT OF THE STATE. THE REGISTRAR AND THE CLERK SHALL FURNISH INFORMATION ON ANY TITLE WITHOUT CHARGE TO STATE HIGHWAY PATROL TROOPERS, SHERIFFS, CHIEFS OF POLICE, OR THE ATTORNEY GENERAL.

THOSE FEES COLLECTED BY THE REGISTRAR AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE TREASURER OF STATE TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 of the Revised Code. THOSE FEES COLLECTED BY THE CLERK AS PROVIDED IN THIS SECTION SHALL BE PAID TO THE CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED BY SECTION 325.33 OF THE REVISED CODE.

Sec. 4519.64. MANUFACTURERS AND IMPORTERS OF OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES SHALL APPOINT AND AUTHORIZE AGENTS WHO SHALL SIGN MANUFACTURER'S OR IMPORTER'S CERTIFICATES. THE REGISTRAR OF MOTOR VEHICLES MAY REQUIRE THAT A CERTIFIED COPY OF A LIST CONTAINING THE NAMES AND THE FACSIMILE SIGNATURES OF THE AUTHORIZED AGENTS BE FURNISHED TO THE REGISTRAR AND BE FORWARDED TO EACH CLERK OF THE COURT OF COMMON PLEAS IN THE RESPECTIVE COUNTIES WITHIN THE STATE, AND THE REGISTRAR MAY PRESCRIBE THE FORM OF AUTHORIZATION TO BE USED BY THE MANUFACTURERS OR IMPORTERS AND THE METHOD OF CERTIFICATION OF THE NAMES OF THE AGENTS.

Sec. 4519.65. THE CLERK OF THE COURT OF COMMON PLEAS AND THE CLERK'S DEPUTIES MAY ADMINISTER OATHS ON ANY APPLICATION OR AFFIDAVIT REQUIRED BY THIS CHAPTER.

Sec. 4519.66. EVERY PEACE OFFICER, SHERIFF, WATERCRAFT OFFICER, DIVISION OF PARKS AND RECREATION OFFICER, DIVISION OF WILDLIFE OFFICER, CONSERVANCY DISTRICT OFFICER, CONSTABLE, NATURE PRESERVE OFFICER, FOREST OFFICER, OR STATE HIGHWAY PATROL TROOPER, HAVING KNOWLEDGE OF A STOLEN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IMMEDIATELY SHALL FURNISH THE REGISTRAR OF MOTOR VEHICLES WITH FULL INFORMATION CONCERNING THE THEFT.

WHENEVER THE REGISTRAR RECEIVES A REPORT OF THE THEFT OR CONVERSION OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE REGISTRAR SHALL MAKE A DISTINCTIVE RECORD THEREOF, INCLUDING THE MAKE OF THE STOLEN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND ITS MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER, AND SHALL FILE THE SAME IN THE NUMERICAL ORDER OF THE MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER WITH THE INDEX RECORDS OF THE OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES OF THAT MAKE. THE REGISTRAR SHALL PREPARE A REPORT LISTING OFF-HIGHWAY MOTORCYCLES AND ALL-PURPOSE VEHICLES STOLEN AND RECOVERED AS DISCLOSED BY THE REPORTS SUBMITTED TO THE REGISTRAR, TO BE DISTRIBUTED AS THE REGISTRAR CONSIDERS ADVISABLE.

IN THE EVENT OF THE RECEIPT FROM ANY CLERK OF THE COURT OF COMMON PLEAS OF A COPY OF A CERTIFICATE OF TITLE TO SUCH AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE REGISTRAR IMMEDIATELY SHALL NOTIFY THE RIGHTFUL OWNER THEREOF AND THE CLERK WHO ISSUED THE CERTIFICATE OF TITLE, AND IF IT APPEARS, UPON INVESTIGATION, THAT THE CERTIFICATE OF TITLE WAS IMPROPERLY ISSUED, THE REGISTRAR IMMEDIATELY SHALL CANCEL IT.

IN THE EVENT OF THE RECOVERY OF A STOLEN OR CONVERTED OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, THE OWNER IMMEDIATELY SHALL NOTIFY THE REGISTRAR, WHO SHALL REMOVE THE RECORD OF THE THEFT OR CONVERSION FROM THE REGISTRAR'S FILE.

Sec. 4519.67. NO PERSON SHALL DO ANY OF THE FOLLOWING:

(A) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT HAVING A CERTIFICATE OF TITLE FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH A CERTIFICATE IS REQUIRED BY THIS CHAPTER TO BE ISSUED FOR THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE;

(B) OPERATE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IF A CERTIFICATE OF TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN ISSUED AND THEN HAS BEEN CANCELED;

(C) FAIL TO SURRENDER ANY CERTIFICATE OF TITLE UPON CANCELLATION OF THE SAME BY THE REGISTRAR OF MOTOR VEHICLES AND NOTICE THEREOF AS PRESCRIBED IN THIS CHAPTER;

(D) FAIL TO SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS AS PROVIDED IN THIS CHAPTER, IN CASE OF THE DESTRUCTION OR DISMANTLING OF, OR CHANGE IN, THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN THE CERTIFICATE OF TITLE;

(E) VIOLATE SECTIONS 4519.51 TO 4519.70 of the Revised Code FOR WHICH NO PENALTY IS OTHERWISE PROVIDED OR ANY LAWFUL RULES PROMULGATED PURSUANT TO THOSE SECTIONS.

Sec. 4519.68. NO PERSON SHALL DO ANY OF THE FOLLOWING:

(A) PROCURE OR ATTEMPT TO PROCURE A CERTIFICATE OF TITLE TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, OR PASS OR ATTEMPT TO PASS A CERTIFICATE OF TITLE OR ANY ASSIGNMENT THEREOF TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, KNOWING OR HAVING REASON TO BELIEVE THAT THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE HAS BEEN STOLEN;

(B) SELL OR OFFER FOR SALE IN THIS STATE AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE ON WHICH THE MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER HAS BEEN DESTROYED, REMOVED, COVERED, ALTERED, OR DEFACED WITH KNOWLEDGE OF THE DESTRUCTION, REMOVAL, COVERING, ALTERATION, OR DEFACEMENT OF THE MANUFACTURER'S OR ASSIGNED VEHICLE IDENTIFICATION NUMBER. THIS PROHIBITION DOES NOT APPLY TO THE SALE OF SUCH AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE IF THE PERSON SELLING THE MOTORCYCLE OR VEHICLE IS NOT A DEALER ENGAGED IN THE BUSINESS OF SELLING NEW OR USED OFF-HIGHWAY MOTORCYCLES OR ALL-PURPOSE VEHICLES AND A CERTIFICATE OF TITLE FOR THE MOTORCYCLE OR VEHICLE HAS NOT BEEN ISSUED BY THIS STATE.

(C) SELL OR TRANSFER AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT DELIVERING TO THE PURCHASER OR TRANSFEREE THEREOF A CERTIFICATE OF TITLE, OR A MANUFACTURER'S OR IMPORTER'S CERTIFICATE THERETO, ASSIGNED TO THE PURCHASER AS PROVIDED FOR IN THIS CHAPTER.

Sec. 4519.69. CHAPTER 1309. of the Revised Code DOES NOT PERMIT OR REQUIRE THE DEPOSIT, FILING, OR OTHER RECORD OF A SECURITY INTEREST COVERING AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED. ANY SECURITY AGREEMENT COVERING A SECURITY INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE, IF SUCH INSTRUMENT IS ACCOMPANIED BY A DELIVERY OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE AND FOLLOWED BY ACTUAL AND CONTINUED POSSESSION OF THE CERTIFICATE BY THE HOLDER OF THE INSTRUMENT OR, IN THE CASE OF A CERTIFICATE OF TITLE, IF A NOTATION OF THE INSTRUMENT HAS BEEN MADE BY THE CLERK OF THE COURT OF COMMON PLEAS ON THE FACE OF THE CERTIFICATE, SHALL BE VALID AS AGAINST THE CREDITORS OF THE DEBTOR, WHETHER ARMED WITH PROCESS OR NOT, AND AGAINST SUBSEQUENT PURCHASERS, SECURED PARTIES, AND OTHER LIENHOLDERS OR CLAIMANTS. ALL LIENS, MORTGAGES, AND ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE SHALL TAKE PRIORITY ACCORDING TO THE ORDER OF TIME IN WHICH THE SAME ARE NOTED THEREON BY THE CLERK. EXPOSURE FOR SALE OF ANY OFF-HIGHWAY MOTORCYCLE, OR ALL-PURPOSE VEHICLE BY THE OWNER THEREOF, WITH THE KNOWLEDGE OR WITH THE KNOWLEDGE AND CONSENT OF THE HOLDER OF ANY LIEN, MORTGAGE, OR ENCUMBRANCE THEREON, SHALL NOT RENDER THE LIEN, MORTGAGE, OR ENCUMBRANCE INEFFECTIVE AS AGAINST THE CREDITORS OF THE OWNER, OR AGAINST HOLDERS OF SUBSEQUENT LIENS, MORTGAGES, OR ENCUMBRANCES UPON THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.

THE SECURED PARTY, UPON PRESENTATION OF THE SECURITY AGREEMENT TO THE CLERK OF THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CERTIFICATE OF TITLE WAS ISSUED, TOGETHER WITH THE CERTIFICATE OF TITLE AND THE FEE PRESCRIBED BY SECTION 4519.59 of the Revised Code, MAY HAVE A NOTATION OF SUCH LIEN MADE ON THE FACE OF THE CERTIFICATE OF TITLE OR, IF THE CLERK SO CHOOSES, A NOTATION OF THE LIEN MAY BE ENTERED INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE TITLES. THE CLERK SHALL ENTER THE NOTATION AND THE DATE THEREOF OVER THE CLERK'S SIGNATURE AND SEAL OF OFFICE, AND ALSO SHALL NOTE THE LIEN AND THE DATE THEREOF ON THE DUPLICATE OF SAME IN THE CLERK'S FILES AND ON THAT DAY SHALL NOTIFY THE REGISTRAR OF MOTOR VEHICLES, WHO SHALL DO LIKEWISE. THE CLERK SHALL INDICATE BY APPROPRIATE NOTATION ON THE AGREEMENT ITSELF THE FACT THAT THE LIEN HAS BEEN NOTED ON THE CERTIFICATE OF TITLE.

WHEN THE LIEN IS DISCHARGED, THE HOLDER THEREOF SHALL NOTE THE DISCHARGE OVER THE HOLDER'S SIGNATURE ON THE FACE OF THE CERTIFICATE OF TITLE. PRIOR TO DELIVERING THE CERTIFICATE TO THE OWNER, THE HOLDER OR THE HOLDER'S AGENT SHALL PRESENT IT AND ANY ADDITIONAL INFORMATION THE CLERK REQUIRES TO THE CLERK TO HAVE THE CLERK NOTE THE CANCELLATION OF THE LIEN ON THE FACE OF THE CERTIFICATE OF TITLE AND UPON THE RECORDS OF THE CLERK. IF THE CANCELLATION APPEARS TO BE GENUINE, THE CLERK SHALL NOTE THE CANCELLATION ON THE CERTIFICATE OF TITLE AND ALSO SHALL NOTE THE CANCELLATION ON THE CLERK'S RECORDS AND NOTIFY THE REGISTRAR, WHO SHALL NOTE THE CANCELLATION. IF A LIEN THAT IS DISCHARGED DOES NOT APPEAR ON THE FACE OF THE CERTIFICATE OF TITLE BUT INSTEAD WAS ENTERED INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLES, THE CLERK SHALL ENTER THE CANCELLATION INTO THE AUTOMATED TITLE PROCESSING SYSTEM AND ALSO SHALL NOTE THE CANCELLATION ON A FORM PRESCRIBED BY THE REGISTRAR.

Sec. 4519.70. IF THE APPLICATION FOR A CERTIFICATE OF TITLE REFERS TO AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE LAST PREVIOUSLY REGISTERED IN ANOTHER STATE, THE APPLICATION SHALL BE ACCOMPANIED BY A PHYSICAL INSPECTION CERTIFICATE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY VERIFYING THE MAKE, YEAR, SERIES OR MODEL, IF ANY, BODY TYPE, AND MANUFACTURER'S IDENTIFICATION NUMBER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FOR WHICH THE CERTIFICATE OF TITLE IS DESIRED. THE PHYSICAL INSPECTION CERTIFICATE SHALL BE IN SUCH FORM AS IS DESIGNATED BY THE REGISTRAR OF MOTOR VEHICLES. THE PHYSICAL INSPECTION OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL BE MADE AT A DEPUTY REGISTRAR'S OFFICE, OR AT AN ESTABLISHED PLACE OF BUSINESS OPERATED BY A LICENSED MOTOR VEHICLE DEALER. ADDITIONALLY, THE PHYSICAL INSPECTION OF A SALVAGE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE OWNED BY AN INSURANCE COMPANY MAY BE MADE AT AN ESTABLISHED PLACE OF BUSINESS OPERATED BY A SALVAGE MOTOR VEHICLE DEALER LICENSED UNDER CHAPTER 4738. OF THE REVISED CODE. THE DEPUTY REGISTRAR, THE MOTOR VEHICLE DEALER, OR THE SALVAGE MOTOR VEHICLE DEALER MAY CHARGE A MAXIMUM FEE OF ONE DOLLAR AND FIFTY CENTS FOR CONDUCTING THE PHYSICAL INSPECTION.

THE CLERK OF THE COURT OF COMMON PLEAS SHALL CHARGE A FEE OF ONE DOLLAR AND FIFTY CENTS FOR THE PROCESSING OF EACH PHYSICAL INSPECTION CERTIFICATE. THE CLERK SHALL RETAIN FIFTY CENTS OF THE ONE DOLLAR AND FIFTY CENTS SO CHARGED AND SHALL PAY THE REMAINING ONE DOLLAR TO THE REGISTRAR BY MONTHLY RETURNS, WHICH SHALL BE FORWARDED TO THE REGISTRAR NOT LATER THAN THE FIFTH DAY OF THE MONTH NEXT SUCCEEDING THAT IN WHICH THE CERTIFICATE IS RECEIVED BY THE CLERK. THE REGISTRAR SHALL PAY SUCH REMAINING SUMS INTO THE STATE TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED CODE.

Sec. 4519.99. (A) Whoever violates division (A) of section 4519.02, or division (A), (B), or (C) of section 4519.05, of the Revised Code shall be fined not more than twenty-five dollars for a first offense; for each subsequent offense such person shall be fined not less than twenty-five nor more than fifty dollars.

(B) Whoever violates section 4519.06 of the Revised Code shall be fined not more than fifty dollars for a first offense; for each subsequent offense such person shall be fined not less than fifty nor more than two hundred dollars.

(C) Whoever violates division (E)(B) of section 4519.20, or section 4519.22, of the Revised Code shall be fined not more than fifty dollars for a first offense; for each subsequent offense within one year of a first offense such person shall be fined not less than fifteen nor more than one hundred dollars or imprisoned not more than three days, or both.

(D) Whoever violates section 4519.40 or 4519.44 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars or imprisoned not less than three nor more than thirty days, or both.

(E) Whoever violates section 4519.45 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars.

(F) WHOEVER VIOLATES SECTION 4519.67 of the Revised Code SHALL BE FINED NOT MORE THAN TWO HUNDRED DOLLARS, OR IMPRISONED NOT MORE THAN NINETY DAYS, OR BOTH.

(G) WHOEVER VIOLATES SECTION 4519.68 of the Revised Code SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, OR IMPRISONED IN THE COUNTY JAIL OR WORKHOUSE NOT LESS THAN SIX MONTHS NOR MORE THAN ONE YEAR OR IN THE PENITENTIARY NOT LESS THAN ONE NOR MORE THAN FIVE YEARS, OR BOTH.

(H) WHOEVER VIOLATES SECTION 4519.52 of the Revised Code SHALL BE FINED FIFTY DOLLARS.