The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 611 |
REPRESENTATIVES HARRIS-METZGER-THOMAS-OLMAN-REID-TIBERI-
HAINES-MOTTLEY-VESPER-OPFER-TERWILLEGER-TAYLOR-BRITTON-
PADGETT-KREBS-GARCIA-BATEMAN-METELSKY-CAREY-PATTON-BRADING-
WINKLER-WILSON-MASON-TAVARES-KRUPINSKI-EVANS-GRENDELL-CORBIN-
JOHNSON-MYERS-AMSTUTZ-JOLIVETTE-SALERNO-
SENATORS OELSLAGER-GAETH
A BILL
To amend sections 325.33, 4501.01, 4503.10, 4505.06, 4505.09, 4511.85,
4517.01, 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 4519.10, and
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:
Section 1. That sections 325.33, 4501.01, 4503.10, 4505.06, 4505.09, 4511.85,
4517.01, 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, 4519.41, 4519.42, 4519.43, 4519.44, 4519.45,
4519.46, 4519.47, 4519.48, and 4519.99 be amended and sections 4519.10,
4519.51, 4519.52, 4519.53, 4519.54, 4519.55, 4519.56, 4519.57,
4519.58, 4519.59, 4519.60, 4519.61, 4519.62, 4519.63, 4519.64, 4519.65,
4519.66, 4519.67, 4519.68, 4519.69, and 4519.70 of the Revised Code
be enacted to read as follows:
Sec. 325.33. Notwithstanding sections 325.27 and 325.31 of the Revised Code,
all fees retained by the clerk of courts under Chapters 1548.
and, 4505., AND 4519. of the
Revised Code shall be paid into the county treasury to the credit of the
certificate of title administration fund, which is hereby created. Except as
otherwise provided in this section, fees credited to the fund shall be used
only to pay the costs incurred by the clerk of courts in processing titles
under Chapters 1548. and, 4505., AND
4519. of the Revised Code. However, if the board of
county commissioners and the clerk of courts agree that the money in the fund
exceeds what is needed to pay such costs, the excess may be transferred to the
county general fund and used for other county purposes. If the board of
county commissioners and the clerk of courts are unable to agree on the amount
of any such excess, the county budget commission shall determine the amount
that will be transferred to the county general fund.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the
Revised Code, and in the penal laws, except as otherwise
provided:
(A) "Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean vehicles that are operated
exclusively on rails or tracks or from overhead electric trolley
wires and vehicles that belong to any police department, municipal
fire department, or volunteer fire department, or that are used by such
a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including
manufactured homes and recreational vehicles, that is propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires, except motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, trailers that are used
to transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed of
twenty-five miles per hour or less, threshing machinery,
hay-baling machinery, corn sheller, hammermill and agricultural
tractors, machinery used in the production of horticultural,
agricultural, and vegetable products, and trailers that are designed and
used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
public road or highway for a distance of no more than ten miles
and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and either is designed or used for drawing other motor vehicles, or is
designed or
used for drawing another motor vehicle while carrying a portion
of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and
used for carrying not more than nine persons and includes any motor
vehicle that is designed and used for carrying not more than fifteen
persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special interest,
that has a fair market value of one hundred dollars or more,
whether operable or not, and that is owned, operated, collected,
preserved, restored, maintained, or used essentially as a
collector's item, leisure pursuit, or investment, but not as the
owner's principal means of transportation. "Licensed collector's
vehicle" means a collector's vehicle, other than an agricultural
tractor or traction engine, that displays current, valid license
tags issued under section 4503.45 of the Revised Code, or a
similar type of motor vehicle that displays current, valid
license tags issued under substantially equivalent provisions in
the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle
that is over twenty-five years old and is owned solely as a
collector's item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but that in no event is used
for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load of no
more than one ton and is used exclusively for purposes other than
engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power
and is designed and used for carrying more than nine passengers, except
any motor vehicle that is designed and used for carrying not more than
fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" means any motor vehicle that has motor
power and is designed and used for carrying merchandise or freight, or
that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a tricycle
that is
designed solely for use as a play vehicle by a child, that is propelled
solely by human power upon which any person may ride, and that has either two
tandem wheels, or one wheel in front and two wheels in
the rear, any of which is more than fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has
two tandem wheels or one wheel in the front and two wheels in
the rear, that is capable of being pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and
is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface.
(M) "Trailer" means any vehicle without motive power
that is designed or used for carrying property or persons wholly on its
own structure and for being drawn by a motor vehicle, and
includes any such vehicle that is formed by or operated as a
combination of a semitrailer and a vehicle of the dolly type such
as that commonly known as a trailer dolly, a vehicle used to
transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed
greater than twenty-five miles per hour, and a vehicle that is designed
and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or
towed on a public road or highway for a distance of more than ten
miles or at a speed of more than twenty-five miles per hour. "Trailer" does
not include a manufactured home or travel trailer.
(N) "Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as described
in division (B) of this section, but, where applicable, includes
a vehicle that is used to transport a boat as described in division (M)
of this section, that has a gross weight of no more than three
thousand pounds, and that is used exclusively for purposes other than
engaging in business for a profit.
(O) "Manufactured home" means any nonself-propelled
vehicle transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or forty body
feet or more in length or, when erected on site, is three hundred
twenty or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and
electrical systems contained therein. Calculations used to
determine the number of square feet in a structure are based on
the structure's exterior dimensions measured at the largest
horizontal projections when erected on site. These dimensions
include all expandable rooms, cabinets, and other projections
containing interior space, but do not include bay windows.
(P) "Semitrailer" means any vehicle of the trailer type
that does not have motive power and is so designed or used with another and
separate motor vehicle that in operation a part of its own weight
or that of its load, or both, rests upon and is carried by the other vehicle
furnishing the motive power for propelling itself
and the vehicle referred to in this division, and includes, for
the purpose only of registration and taxation under those chapters, any
vehicle of the dolly type, such as a trailer dolly,
that is designed or used for the conversion of a semitrailer into a
trailer.
(Q) "Recreational vehicle" means a vehicular portable
structure that is designed and constructed to be used as a temporary
dwelling for travel, recreational, and vacation uses and is classed as
follows:
(1) "Travel trailer" means a nonself-propelled
recreational vehicle that does not exceed an overall length of
thirty-five feet, exclusive of bumper and tongue or coupling, and
includes a tent-type fold-out camping trailer as defined in
section 4517.01 of the Revised Code.
(2) "Motor home" means a self-propelled recreational
vehicle that is constructed with permanently installed facilities for
cold storage, cooking and consuming of food, and for sleeping.
(3) "Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to be placed
upon and attached to a motor vehicle. "Truck camper" does not
include truck covers that consist of walls and a roof, but do not
have floors and facilities enabling them to be used as a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such size and weight as
to be movable without a special highway permit, that has a gross trailer area
of four hundred square feet or less, that is constructed with a raised forward
section that allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of
a truck.
(5) "Park trailer" means a vehicle that is commonly known as a park model
recreational vehicle, meets the American national standard institute standard
A119.5 (1988) for park trailers, is built on a single chassis, has a gross
trailer area of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of the load.
(T) "Solid tire vehicle" means any vehicle that is equipped with
two or more solid tires.
(U) "Farm machinery" means all machines and tools that are used in
the production, harvesting, and care of farm products, and includes trailers
that are used to transport agricultural produce or agricultural
production materials between a local place of storage or supply
and the farm when drawn or towed on a public road or highway at a
speed of twenty-five miles per hour or less.
(V) "Owner" includes any person, firm, or corporation
other than a manufacturer or dealer that has title to a motor
vehicle, except that in sections 4505.01 to 4505.19 of the
Revised Code, "owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons,
firms, and corporations that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or dealing
in motor vehicles, at an established place of business that is
used exclusively for the purpose of manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles. A
place of business that is used for manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles shall
be deemed to be used exclusively for those purposes even though
snowmobiles or all-purpose vehicles are sold or displayed for
sale thereat, even though farm machinery is sold or displayed for
sale thereat, or even though repair, accessory, gasoline and oil,
storage, parts, service, or paint departments are maintained
thereat, or, in any county having a population of less than
seventy-five thousand persons at the last federal census, even
though a department in a place of business is used to dismantle,
salvage, or rebuild motor vehicles by means of used parts, if
such departments are operated for the purpose of furthering and
assisting in the business of manufacturing, selling, displaying,
offering for sale, or dealing in motor vehicles. Places of
business or departments in a place of business used to
dismantle, salvage, or rebuild motor vehicles by means of using
used parts are not considered as being maintained for the purpose
of assisting or furthering the manufacturing, selling,
displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily involved in
a ridesharing arrangement is not considered an employee for hire
or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the chassis
or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original
number that is affixed to or imprinted upon the engine or motor of the
vehicle.
(DD) "Bill of sale" means the written statement or
document of transfer or conveyance required prior to January 1,
1938, to be executed and delivered by the corporation,
partnership, association, or person selling, giving away,
transferring, or passing title to a motor vehicle.
(EE) "Distributor" means any person who is authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
motor vehicle dealers at an established place of business that is used
exclusively for the purpose of distributing new motor
vehicles to licensed motor vehicle dealers, except when the
distributor also is a new motor vehicle dealer, in which case the
distributor may distribute at the location of the
distributor's licensed dealership.
(FF)(EE) "Ridesharing arrangement" means the transportation
of
persons in a motor vehicle where the transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(GG)(FF) "Apportionable vehicle" means any vehicle that is
used or
intended for use in two or more international registration plan
member jurisdictions that allocate or proportionally register
vehicles, that is used for the transportation of persons for hire
or designed, used, or maintained primarily for the transportation
of property, and that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this state, or any political subdivisions thereof.
(HH)(GG) "Chartered party" means a group of persons who
contract as a group to acquire the exclusive use of a
passenger-carrying motor vehicle at a fixed charge for the
vehicle in accordance with the carrier's tariff, lawfully on file
with the United
States department of transportation, for the purpose of group
travel to a specified destination or for a particular itinerary,
either agreed upon in advance or modified by the chartered group
after having left the place of origin.
(II)(HH) "International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American association of motor vehicle administrators, and that
promotes and encourages the fullest possible use of the highway
system by authorizing apportioned registration of fleets of
vehicles and recognizing registration of vehicles apportioned in
member jurisdictions.
(JJ)(II) "Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code.
(KK)(JJ) "Gross vehicle weight," with regard to any
commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(LL)(KK) "Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of vehicles fully equipped plus the maximum weight of the load to
be carried on that combination of vehicles.
(MM)(LL) "Chauffeured limousine" means a motor vehicle
that is designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the transportation of passengers on public roads and highways
along a route under the control of the person hiring the vehicle
and not over a defined and regular route. "Prearranged contract"
means an agreement, made in advance of boarding, to provide
transportation from a specific location in a chauffeured
limousine at a fixed rate per hour or trip. "Chauffeured
limousine" does not include any vehicle that is used exclusively in the
business of funeral directing.
Sec. 4503.10. (A) 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 UNDER SECTION 4519.03 OF THE
REVISED
CODE. THE OWNER OF A MOTOR
VEHICLE, OTHER THAN A SNOWMOBILE, OFF-HIGHWAY MOTORCYCLE, OR
ALL-PURPOSE VEHICLE, THAT IS NOT DESIGNED AND CONSTRUCTED BY THE
MANUFACTURER FOR OPERATION ON A STREET OR HIGHWAY MAY NOT
REGISTER IT UNDER THIS CHAPTER EXCEPT UPON CERTIFICATION OF
INSPECTION PURSUANT TO SECTION 4513.02 OF THE
REVISED
CODE BY THE SHERIFF OR CHIEF OF
POLICE OF THE MUNICIPAL OR TOWNSHIP POLICE WITH JURISDICTION
OVER THE POLITICAL SUBDIVISION IN WHICH THE OWNER OF THE MOTOR
VEHICLE RESIDES. Except as provided in section 4503.103
of the Revised Code, every owner of a EVERY OTHER motor vehicle
NOT PREVIOUSLY DESCRIBED IN THIS SECTION and every
person mentioned as owner in the last certificate of title, bill
of sale, or sworn statement of ownership of a motor vehicle that
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 A
certificate of title or memorandum certificate OF TITLE 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 services, and such
office and rental expenses,
as may be necessary for the proper discharge of the deputy registrar'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 or
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, municipal corporations, and transportation
improvement districts levying 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.
(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. 4505.06. (A) Application for a certificate of title
shall be made in 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.
An application for a certificate of
title may be filed electronically by electronic image transmission in any
county in which the clerk of the court of common pleas permits an application
to be filed electronically. The signature of an officer empowered to
administer oaths that appears on an application for a certificate of title, or
on any other document required to be filed by this chapter that has been filed
electronically, is not a facsimile signature as defined in section 9.10 of the
Revised Code. Any payments required by this chapter shall be considered as
accompanying any electronically transmitted application when payment actually
is received by the clerk. Payment of any fee or taxes may be made by
electronic transfer of funds. The application for a certificate of title
shall be accompanied
by the fee prescribed in section 4505.09 of the Revised Code; and
if a certificate of title previously has been issued for the
motor vehicle in this state, it shall be accompanied by that
certificate of title duly assigned, unless otherwise provided in
this chapter. If a certificate of title previously has not been
issued for the motor vehicle in this state, the application,
unless otherwise provided in this chapter, shall be accompanied
by a manufacturer's or importer's certificate or by a certificate of
title, bill
of sale, or
other evidence of ownership required by the law of another state
from which the motor vehicle was brought into this state. If the
application refers to a motor vehicle last previously registered
in another state, the application also shall be accompanied by
the physical inspection certificate required by section 4505.061
of the Revised Code. If the application is made by two persons
regarding a motor vehicle in which they wish to establish joint
ownership with right of survivorship they may do so as provided
in section 2106.17 of the Revised Code. The clerk shall retain
the evidence of title presented by the applicant and on which the
certificate of title is issued. The clerk shall use reasonable
diligence in ascertaining whether or not the facts in the
application are true by checking the application and documents
accompanying it with the records of motor vehicles in the clerk's office;
if satisfied that the applicant is the owner of the motor vehicle
and that the application is in the proper form, the clerk, within
five business days after the application is filed, shall issue a
certificate of title over the clerk's signature and
sealed with the clerk's seal. For purposes of the transfer of a certificate
of title, if the clerk is satisfied that the 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 on
the automated title processing system and notify the clerk of the
county of origin.
In the case of the sale of a motor vehicle to a general buyer or user by a
dealer, by a motor vehicle leasing dealer selling the motor vehicle to the
lessee or, in a case in which the leasing dealer subleased the motor vehicle,
the sublessee, at the end of the lease agreement or sublease agreement,
or by a manufactured home
broker, the certificate of title shall be
obtained in the name of the buyer by the dealer, leasing dealer, or the
manufactured home
broker, as the case may be, upon application signed by the buyer. The
certificate of title shall be issued within
five business days after the application for title is filed with
the clerk. If the buyer of the motor vehicle previously leased the motor
vehicle and is buying the motor vehicle at the end of the lease pursuant to
that lease, the certificate of title shall be obtained in the name of the
buyer by the motor vehicle leasing dealer who previously leased the motor
vehicle to the buyer or by the motor vehicle leasing dealer who subleased the
motor vehicle to the buyer under a sublease agreement.
In all other cases, except as provided in division (D)(2)
of section 4505.11 of the Revised Code, such certificates shall
be obtained by the buyer. In all cases of transfer of
a motor vehicle, the application for certificate of title shall be
filed within thirty days after the assignment or delivery of the
motor vehicle. If an application for a certificate of title is
not filed within that period, the clerk shall collect a fee of
five dollars for the issuance of the certificate, except that no
such fee shall be required from a motor vehicle salvage dealer,
as defined in division (A) of section 4738.01 of the Revised
Code, who immediately surrenders the certificate of title for
cancellation. The fee shall be in addition to all other fees
established by this chapter, and shall be retained by the clerk. The
registrar shall provide, on the certificate of title form
prescribed by section 4505.07 of the Revised Code, language
necessary to give evidence of the date on which the assignment or
delivery of the motor vehicle was made.
As used in this division, "lease agreement," "lessee," and "sublease
agreement" have the same meanings as in section 4505.04 of the Revised Code.
(B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in which the
certificate shall be obtained by the buyer, submits with the
application payment of the tax levied by or pursuant to Chapters
5739. and 5741. of the Revised Code. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the tax
commissioner showing payment of the tax or a receipt issued by the
commissioner showing the payment of the tax. When submitting payment of the
tax to the clerk, a dealer shall retain any discount to which the dealer is
entitled under section 5739.12 of the Revised Code.
For receiving and disbursing such taxes paid to the clerk,
the clerk may retain a poundage fee of one and one one-hundredth per cent,
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 motor vehicles, as defined
in section 4517.01 of the Revised Code, the price
for the purpose of determining the tax shall be the purchase
price on the assigned certificate of title executed
by the seller and filed with the clerk by the
buyer on a form to be prescribed by the registrar, which shall
be prima-facie evidence of the amount for the determination of the tax.
(C)(1) If the transferor indicates on the certificate of title
that the odometer reflects mileage in excess of the designed
mechanical limit of the odometer, the clerk shall enter the
phrase "exceeds mechanical limits" following the mileage
designation. If the transferor indicates on the certificate of
title that the odometer reading is not the actual mileage, the
clerk shall enter the phrase "nonactual: warning -
odometer discrepancy" following the mileage designation. The clerk shall use
reasonable care in transferring the information supplied
by the transferor, but is not liable for any errors or omissions
of the clerk or those of the clerk's deputies in the
performance of the clerk's duties created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the "Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the giving of information
concerning the odometer and odometer reading of a motor vehicle
when ownership of a motor vehicle is being transferred as a
result of a bequest, under the laws of intestate succession, to a
surviving spouse pursuant to section 2106.17, 2106.18, or 4505.10
of the Revised Code, or in connection with the creation of a
security interest.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of title unless the tax imposed by or pursuant to Chapter
5741. of the Revised Code has
been paid as evidenced by a receipt issued by the tax commissioner, or
unless the applicant submits with the application payment of
the tax. Upon payment of the tax in accordance with division
(E) of this section, the clerk shall issue a
receipt prescribed by the
registrar and agreed upon by the tax commissioner, showing
payment of the tax. For receiving and disbursing such taxes paid
to the clerk, the clerk may retain a poundage fee of one
per cent. When the vendor is not regularly engaged in the
business of selling
motor vehicles, the vendor shall not be required to purchase a vendor's
license or make reports concerning such sales.
(E) The clerk shall accept any payment of a tax in cash, or by certified
check, draft, or money order payable to the clerk and submitted with an
application
for a certificate of title under division (B)
or (D) of this section. The clerk also may
accept payment of the tax by corporate, business, or personal check, credit
card, electronic transfer or wire transfer, debit card, or any other accepted
form of payment made payable to the clerk. The clerk may require bonds,
guarantees, or letters of credit to ensure the collection of corporate,
business, or personal
checks. Any service fee charged by a third party to a clerk for the use of
any form of payment may be paid by the clerk from the certificate of title
administration fund created in section 325.33 of the Revised Code, or may be
assessed by the clerk upon the applicant as an additional fee. Upon
collection, the additional fees shall be paid by the clerk into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any payment of taxes
due but not made because the payment was returned or dishonored, but the clerk
is not personally liable for the payment of uncollected taxes or uncollected
fees. The clerk
shall notify the tax commissioner of any such payment of taxes that is due but
not made and shall furnish such information to the commissioner as the
commissioner requires. The clerk shall deduct the amount of taxes due but not
paid from the clerk's periodic remittance of tax payments, in accordance with
procedures agreed upon by the tax commissioner. The commissioner may collect
taxes due by assessment in the manner provided in section 5739.13 of the Revised Code.
Any person who presents payment that is returned or dishonored for any
reason is liable to the clerk for payment of a penalty over and above the
amount of the taxes due. The clerk shall determine the amount of the penalty,
which shall be no greater than that amount necessary to compensate the clerk
for banking charges, legal fees, or other expenses incurred by the clerk in
collecting the returned or dishonored payment. The remedies and procedures
provided in this section are in addition to any other available civil or
criminal remedies. Subsequently collected penalties, poundage, and title
fees, less
any title fee due the state, from returned or dishonored payments collected by
the clerk shall be paid into the certificate of title administration fund.
Subsequently collected taxes, less poundage, shall be sent by the clerk to the
treasurer of state at the next scheduled periodic remittance of tax payments,
with such information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division.
(F) In the following cases, the clerk shall accept for
filing such application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political subdivisions, a church, or an organization whose
purchases are exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate commerce and the purpose of the purchaser is not to
use, store, or consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by division (B)(23) of section 5739.02 of the Revised Code, and
upon presentation of a copy of the affidavit provided by that
section, and a copy of the exemption certificate provided by
section 5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage fee, 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 requires.
(G) An application, as prescribed by the registrar
and agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are required by law to state the true selling price. A false statement is in
violation of section 2921.13 of
the Revised Code and is punishable by six months imprisonment or
a fine of up to one thousand dollars, or both. All transfers are
audited by the department of taxation. The seller and buyer must
provide any information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
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 EXCEPT FOR MONEYS COLLECTED UNDER SECTION 1548.10 of the Revised Code,
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, OFF-HIGHWAY MOTORCYCLE, AND
ALL-PURPOSE 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)(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. 4511.85. (A) The operator of a chauffeured limousine
shall accept passengers only on the basis of prearranged
contracts, as defined in division (GG)(LL) of section 4501.01
of the
Revised Code, and shall not cruise in search of patronage unless
the limousine is in compliance with any statute or ordinance
governing the operation of taxicabs or other similar vehicles for
hire.
(B) No person shall advertise or hold himself SELF out as doing
business as a limousine service or livery service or other
similar designation unless each vehicle used by him THE PERSON
to provide
the service is registered in accordance with section 4503.24 of
the Revised Code and is in compliance with section 4509.80 of the
Revised Code.
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of
the Revised Code:
(A) "Persons" includes individuals, firms, partnerships,
associations, joint stock companies, corporations, and any
combinations of individuals.
(B) "Motor vehicle" means motor vehicle as defined in
section 4501.01 of the Revised Code AND ALSO INCLUDES "ALL-PURPOSE VEHICLE"
AND "OFF-HIGHWAY MOTORCYCLE" AS THOSE TERMS ARE DEFINED IN SECTION 4519.01 OF
THE REVISED CODE.
(C) "New motor vehicle" means a motor vehicle, the legal
title to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D) "Ultimate purchaser" means, with respect to any new
motor vehicle, the first person, other than a dealer purchasing
in the capacity of a dealer, who in good faith purchases
such new
motor vehicle for purposes other than resale.
(E) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either
direct or indirect.
(F) "Engaging in business" means commencing, conducting,
or continuing in business, or liquidating a business when the
liquidator thereof holds self out to be
conducting such
business; making a casual sale or otherwise making transfers in
the ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of
the transferor's assets is not engaging in business.
(G) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to an ultimate purchaser for use as
a consumer.
(H) "Retail installment contract" includes any contract in
the form of a note, chattel mortgage, conditional sales contract,
lease, agreement, or other instrument payable in one or more
installments over a period of time and arising out of the retail
sale of a motor vehicle.
(I) "Farm machinery" means all machines and tools used in
the production, harvesting, and care of farm products.
(J) "Dealer" or "motor vehicle dealer" means any new motor
vehicle dealer, any motor vehicle leasing dealer, and any used
motor vehicle dealer.
(K) "New motor vehicle dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in new motor vehicles pursuant to a contract or
agreement entered into with the manufacturer, remanufacturer, or
distributor of the motor vehicles.
(L) "Used motor vehicle dealer" means any person engaged
in the business of selling, displaying, offering for sale, or
dealing in used motor vehicles, at retail or wholesale, but does
not mean any new motor vehicle dealer selling, displaying,
offering for sale, or dealing in used motor vehicles incidentally
to engaging in the business of selling, displaying, offering for
sale, or dealing in new motor vehicles, any person engaged in the
business of dismantling, salvaging, or rebuilding motor vehicles
by means of using used parts, or any public officer performing
official duties.
(M) "Motor vehicle leasing dealer" means any person
engaged in the business of regularly making available, offering
to make available, or arranging for another person to use a motor
vehicle pursuant to a bailment, lease, sublease, or other contractual
arrangement under which a charge is made for its use at a
periodic rate for a term of thirty days or more, and title to the
motor vehicle is in and remains in the motor vehicle leasing dealer who
originally leases it, irrespective of whether or not the motor vehicle is the
subject of a later sublease, and not in the user, but does not
mean a manufacturer or its affiliate leasing to its employees or
to dealers.
(N) "Salesperson" means any person employed by a dealer or manufactured
home broker to sell, display, and offer for sale, or deal in motor
vehicles for
a commission, compensation, or other valuable consideration, but
does not mean any public officer performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by
a person other than a new motor vehicle dealer, used motor
vehicle dealer, motor vehicle salvage dealer, as defined in
division (A) of section 4738.01 of the Revised Code, salesperson,
motor vehicle auction owner, manufacturer, or distributor acting
in the capacity of a dealer, salesperson, auction owner,
manufacturer, or distributor, to a person who purchases the motor
vehicle for use as a consumer.
(P) "Motor vehicle show" means a display of current models
of motor vehicles whereby the primary purpose is the exhibition
of competitive makes and models in order to provide the general
public the opportunity to review and inspect various makes and
models of motor vehicles at a single location.
(Q) "Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles.
(R) "Manufacturer" means a person who manufactures,
assembles, or imports motor vehicles, including motor homes, but
does not mean a person who only assembles or installs a body,
special equipment unit, finishing trim, or accessories on a motor
vehicle chassis supplied by a manufacturer or distributor.
(S) "Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and which is subject to the
following properties and limitations:
(1) A minimum of twenty-five per cent of the fold-out
portion of the top and sidewalls combined must be constructed of
canvas, vinyl, or other fabric, and form an integral part of the
shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and
tongue;
(b) Sixty inches in height from the point of contact with
the ground;
(c) Eight feet in width;
(d) One ton gross weight at time of sale.
(T) "Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
new motor vehicle dealers, but does not mean a person who only
assembles or installs a body, special equipment unit, finishing
trim, or accessories on a motor vehicle chassis supplied by a
manufacturer or distributor.
(U) "Flea market" means a market place, other than a
dealer's location licensed under this chapter, where a space or
location is provided for a fee or compensation to a seller to
exhibit and offer for sale or trade, motor vehicles to the
general public.
(V) "Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any motor vehicle dealer,
which purports to fix the legal rights and liabilities of the
parties to such agreement, contract, or understanding.
(W) "Franchisee" means a person who receives new motor
vehicles from the franchisor under a franchise agreement and who
offers, sells, and provides service for such new motor vehicles
to the general public.
(X) "Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles
under a franchise agreement to a franchisee.
(Y) "Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of
new motor vehicle dealers.
(Z) "Factory representative" means a representative
employed by a manufacturer, remanufacturer, or by a factory
branch primarily for the purpose of promoting the sale of its
motor vehicles, parts, or accessories to dealers or for
supervising or contacting its dealers or prospective dealers.
(AA) "Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(BB) "Good faith" means honesty in the conduct or
transaction concerned and the observance of reasonable commercial
standards of fair dealing in the trade as is defined in division
(S) of section 1301.01 of the Revised Code, including, but not
limited to, the duty to act in a fair and equitable manner so as
to guarantee freedom from coercion, intimidation, or threats of
coercion or intimidation; provided however, that recommendation,
endorsement, exposition, persuasion, urging, or argument shall
not be considered to constitute a lack of good faith.
(CC) "Coerce" means to compel or attempt to compel by
failing to act in good faith or by threat of economic harm,
breach of contract, or other adverse consequences. Coerce does
not mean to argue, urge, recommend, or persuade.
(DD) "Relevant market area" means any area within a radius
of ten miles from the site of a potential new dealership, except
that for manufactured home or recreational vehicle dealerships
the radius shall be twenty-five miles.
(EE) "Wholesale" or "at wholesale" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to a transferee for the purpose of
resale and not for ultimate consumption by that transferee.
(FF) "Motor vehicle wholesaler" means any person licensed as a dealer
under the laws of another state and engaged
in the business of selling, displaying, or offering for sale used
motor vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section.
(GG)(1) "Remanufacturer" means a person who assembles or
installs passenger seating, walls, a roof elevation, or a body
extension on a conversion van with the motor vehicle chassis supplied by a
manufacturer
or distributor, a person who modifies a truck chassis supplied by a
manufacturer or distributor for use as a public safety or public service
vehicle, a person who modifies a motor vehicle chassis supplied
by a manufacturer or distributor for use as a limousine or hearse, or a person
who modifies an incomplete motor vehicle cab and chassis supplied by a new
motor vehicle dealer or distributor for use as a tow truck,
but does not mean either of the following:
(a) A person who assembles or installs passenger seating,
walls, a roof elevation, or a body extension on a manufactured
home as defined in division (O) and referred to in division (B)
of section 4501.01 of the Revised Code or a recreational vehicle
as defined in division (Q) and referred to in division (B) of
section 4501.01 of the Revised Code;
(b) A person who assembles or installs special equipment
or accessories for handicapped persons, as defined in section
4503.44 of the Revised Code, upon a motor vehicle chassis
supplied by a manufacturer or distributor.
(2) For the purposes of division (GG)(1) of this section, "public safety
vehicle or public service vehicle" means a fire truck, ambulance, school bus,
street sweeper, garbage packing truck, or cement mixer, or a mobile
self-contained facility vehicle.
(3) For the purposes of division (GG)(1) of this section,
"limousine" means a motor vehicle, designed only for the purpose
of carrying nine or fewer passengers, that a person modifies by
cutting the original chassis, lengthening the wheelbase by forty
inches or more, and reinforcing the chassis in such a way
that all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be deemed
to be a remanufacturer who produces limousines unless the person
has a written agreement with the manufacturer of the chassis the
person utilizes to produce the limousines to complete properly
the remanufacture of the chassis into limousines.
(4) For the purposes of division
(GG)(1) of this section, "hearse"
means a motor vehicle, designed only for the purpose of
transporting a single casket, that is equipped with a compartment
designed specifically to carry a single casket that a person
modifies by cutting the original chassis, lengthening the
wheelbase by ten inches or more, and reinforcing the chassis in
such a way that all modifications comply with all applicable
federal motor vehicle safety standards. No person shall qualify as
or be deemed to be a remanufacturer who produces hearses unless
the person has a written agreement with the manufacturer of the
chassis the person utilizes to produce the hearses to complete
properly the remanufacture of the chassis into hearses.
(5) For the purposes of division
(GG)(1) of this section, "mobile
self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,
testing laboratory, and mobile display vehicle, each of which is
designed for purposes other than for passenger transportation
and other than the transportation or displacement of cargo,
freight, materials, or merchandise. A vehicle is remanufactured
into a mobile self-contained facility vehicle in part by the
addition of insulation to the body shell, and installation of
all of the following: a generator, electrical wiring, plumbing,
holding tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems.
(6) For the purposes of division (GG)(1) of this section, "tow truck" means
both of the following:
(a) An incomplete cab and chassis that are purchased by a remanufacturer from
a new motor vehicle dealer or distributor of the cab and chassis and on which
the remanufacturer then installs in a permanent manner a wrecker body it
purchases from a manufacturer or distributor of wrecker bodies, installs an
emergency flashing light pylon and emergency lights upon the mast of the
wrecker body or rooftop, and installs such other related accessories and
equipment, including push bumpers, front grille guards with pads and other
custom-ordered items such as painting, special lettering, and safety striping
so as to create a complete motor vehicle capable of lifting and towing another
motor vehicle.
(b) An incomplete cab and chassis that are purchased by a remanufacturer from
a new motor vehicle dealer or distributor of the cab and chassis and on which
the remanufacturer then installs in a permanent manner a car carrier body it
purchases from a manufacturer or distributor of car carrier bodies, installs
an emergency flashing light pylon and emergency lights upon the rooftop, and
installs such other related accessories and equipment, including push bumpers,
front grille guards with pads and other custom-ordered items such as painting,
special lettering, and safety striping.
As used in division (G)(6)(b) of this section, "car carrier body" means a
mechanical or hydraulic apparatus capable of lifting and holding a motor
vehicle on a flat level surface so that one or more vehicles can be
transported, once the car carrier is permanently installed upon an incomplete
cab and chassis.
(HH) "Operating as a new motor vehicle dealership" means
engaging in activities such as displaying, offering for sale, and
selling new motor vehicles at retail, operating a service
facility to perform repairs and maintenance on motor vehicles,
offering for sale and selling motor vehicle parts at retail, and
conducting all other acts that are usual and customary to the
operation of a new motor vehicle dealership. For the purposes of
this chapter only, possession of either a valid new motor vehicle
dealer franchise agreement or a new motor vehicle dealers
license, or both of these items, is not evidence that a person is
operating as a new motor vehicle dealership.
(II) "Manufactured home broker" means any person acting as a
selling agent on behalf of an owner of a manufactured home that is subject to
taxation under section 4503.06 of the Revised Code.
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. (A) 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)(1) 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)(2) The name, residence, and business address of the
owner;
(C)(3) 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.
(B) ON AND AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, NO
CERTIFICATE OF REGISTRATION OR RENEWAL OF SUCH A CERTIFICATE
SHALL BE ISSUED FOR AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE
VEHICLE REQUIRED TO BE REGISTERED UNDER SECTION 4519.02 OF THE
REVISED CODE, AND NO CERTIFICATE OF
REGISTRATION ISSUED UNDER THIS CHAPTER FOR AN OFF-HIGHWAY
MOTORCYCLE OR ALL-PURPOSE VEHICLE THAT IS SOLD OR OTHERWISE
TRANSFERRED SHALL BE TRANSFERRED TO THE NEW OWNER OF THE
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AS PERMITTED BY
DIVISION (B) OF SECTION 4519.05
OF THE REVISED
CODE, UNLESS A CERTIFICATE OF
TITLE HAS BEEN ISSUED UNDER THIS CHAPTER FOR THE MOTORCYCLE OR
VEHICLE, AND THE OWNER OR NEW OWNER, AS THE CASE MAY BE,
PRESENTS THE CERTIFICATE OF TITLE OR A MEMORANDUM CERTIFICATE OF
TITLE FOR INSPECTION AT THE TIME THE OWNER OR NEW OWNER FIRST
SUBMITS A REGISTRATION APPLICATION, REGISTRATION RENEWAL
APPLICATION, OR REGISTRATION TRANSFER APPLICATION FOR THE MOTORCYCLE OR
VEHICLE ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.
(C) WHEN THE OWNER OF AN
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE FIRST REGISTERS IT
IN THE OWNER'S NAME, AND A CERTIFICATE OF TITLE HAS BEEN ISSUED
FOR THE MOTORCYCLE OR VEHICLE, THE OWNER SHALL PRESENT FOR
INSPECTION A CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF
TITLE SHOWING TITLE TO THE OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE IN THE NAME OF THE OWNER. IF, WHEN THE
OWNER OF SUCH A MOTORCYCLE OR VEHICLE FIRST MAKES APPLICATION TO
REGISTER IT IN THE OWNER'S NAME, THE APPLICATION IS NOT IN
PROPER FORM OR IF THE CERTIFICATE OF TITLE OR MEMORANDUM
CERTIFICATE OF TITLE DOES NOT ACCOMPANY THE REGISTRATION, THE
REGISTRATION SHALL BE REFUSED AND NEITHER A CERTIFICATE OF
REGISTRATION NOR A REGISTRATION STICKER SHALL BE ISSUED. WHEN A
CERTIFICATE OF REGISTRATION AND REGISTRATION STICKER ARE ISSUED
UPON THE FIRST REGISTRATION OF AN OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE BY OR ON BEHALF OF THE OWNER, THE OFFICIAL
ISSUING THEM SHALL INDICATE THE ISSUANCE WITH A STAMP ON THE
CERTIFICATE OF TITLE OR MEMORANDUM CERTIFICATE OF TITLE.
(D) 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.
IN THE CASE OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE
VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN ISSUED, THE
OWNER ALSO SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF THE COURT
OF
COMMON PLEAS WHO ISSUED IT AND THE CLERK, WITH THE CONSENT OF
ANY LIENHOLDERS NOTED THEREON, SHALL ENTER A CANCELLATION UPON
THE CLERK'S RECORDS AND SHALL NOTIFY THE REGISTRAR OF THE
CANCELLATION. UPON THE CANCELLATION OF A CERTIFICATE OF TITLE
IN THE MANNER PRESCRIBED BY THIS DIVISION, THE CLERK AND THE
REGISTRAR MAY CANCEL AND DESTROY ALL CERTIFICATES OF TITLE AND
MEMORANDUM CERTIFICATES OF TITLE IN THAT CHAIN OF TITLE.
(B) Whenever SUBJECT TO DIVISION (B) OF SECTION 4519.03
of the Revised Code, 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 lettersDSin the case of a
snowmobile
and by the
lettersDAPVin 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. 4519.10. (A) THE PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE, UPON APPLICATION AND PROOF OF PURCHASE, MAY OBTAIN A
TEMPORARY LICENSE PLACARD FOR IT. THE APPLICATION FOR SUCH A PLACARD SHALL BE
SIGNED BY THE PURCHASER OF THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.
THE TEMPORARY LICENSE PLACARD SHALL BE ISSUED ONLY FOR THE APPLICANT'S USE OF
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE TO ENABLE THE APPLICANT TO
OPERATE IT LEGALLY WHILE PROPER TITLE AND A REGISTRATION STICKER ARE BEING
OBTAINED AND SHALL BE DISPLAYED ON NO OTHER OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE. A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS SECTION
SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR VEHICLES, SHALL DIFFER
IN SOME DISTINCTIVE MANNER FROM A PLACARD ISSUED UNDER SECTION 4503.182 of the Revised Code,
SHALL BE VALID FOR A PERIOD OF THIRTY DAYS FROM THE DATE OF ISSUANCE, AND
SHALL NOT BE TRANSFERABLE OR RENEWABLE. THE PLACARD EITHER SHALL CONSIST OF
OR BE COATED WITH SUCH MATERIAL AS WILL ENABLE IT TO REMAIN LEGIBLE AND
RELATIVELY INTACT DESPITE THE ENVIRONMENTAL CONDITIONS TO WHICH THE PLACARD IS
LIKELY TO BE EXPOSED DURING THE THIRTY-DAY PERIOD FOR WHICH IT IS VALID. THE
PURCHASER OF AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE SHALL ATTACH THE
TEMPORARY LICENSE PLACARD TO IT, IN A MANNER PRESCRIBED BY RULES THE REGISTRAR
SHALL ADOPT, SO THAT THE PLACARD NUMERALS OR LETTERS ARE CLEARLY VISIBLE.
THE FEE FOR A TEMPORARY LICENSE PLACARD ISSUED UNDER THIS SECTION SHALL BE
TWO DOLLARS. IF THE PLACARD IS ISSUED BY A DEPUTY REGISTRAR, THE DEPUTY
REGISTRAR SHALL CHARGE AN ADDITIONAL FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS,
WHICH THE DEPUTY REGISTRAR SHALL RETAIN. THE DEPUTY REGISTRAR SHALL TRANSMIT
EACH TWO-DOLLAR FEE RECEIVED BY THE DEPUTY REGISTRAR UNDER THIS SECTION TO THE
REGISTRAR, WHO SHALL PAY THE TWO DOLLARS TO THE TREASURER OF STATE FOR DEPOSIT
INTO THE STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 4501.25
of the Revised Code.
(B) THE REGISTRAR MAY ISSUE TEMPORARY LICENSE PLACARDS TO A
DEALER TO BE ISSUED TO PURCHASERS FOR USE ON VEHICLES SOLD BY THE DEALER, IN
ACCORDANCE WITH RULES PRESCRIBED BY THE REGISTRAR. THE DEALER SHALL NOTIFY
THE REGISTRAR WITHIN FORTY-EIGHT HOURS OF PROOF OF ISSUANCE ON A FORM
PRESCRIBED BY THE REGISTRAR.
THE FEE FOR EACH SUCH PLACARD ISSUED BY THE REGISTRAR TO A DEALER SHALL BE
TWO DOLLARS PLUS A FEE OF TWO DOLLARS AND TWENTY-FIVE CENTS.
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 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 DEALER TO A GENERAL PURCHASER OR USER, THE
CERTIFICATE
OF TITLE SHALL BE OBTAINED IN THE NAME OF THE PURCHASER BY THE DEALER 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 EITHER OF THE FOLLOWING:
(A) A RECEIPT ISSUED BY THE TAX
COMMISSIONER OR A CLERK OF COURTS SHOWING PAYMENT OF THE TAX;
(B) 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 EITHER OF THE ITEMS LISTED IN DIVISION
(A) OR (B) 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: "WARNING TO TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): YOU
ARE REQUIRED BY LAW
TO STATE THE TRUE SELLING
PRICE. A FALSE STATEMENT IS IN
VIOLATION OF SECTION 2921.13 OF THE REVISED
CODE AND IS PUNISHABLE BY SIX MONTHS
IMPRISONMENT OR A FINE OF UP TO ONE THOUSAND DOLLARS, OR BOTH. ALL TRANSFERS
ARE AUDITED BY THE DEPARTMENT OF TAXATION. THE SELLER AND BUYER MUST PROVIDE
ANY INFORMATION REQUESTED BY THE DEPARTMENT OF TAXATION. THE BUYER MAY BE
ASSESSED ANY ADDITIONAL TAX FOUND TO BE DUE."
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. EXCEPT AS PROVIDED
IN DIVISION (B) OF THIS SECTION, 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
THAT DIVISION.
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
BY THE STATE HIGHWAY PATROL. THE STATE
HIGHWAY PATROL SHALL ASSESS A FEE OF FIFTY DOLLARS FOR AFFIXING THE
NUMBER TO THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND SHALL DEPOSIT
EACH SUCH FEE IN THE STATE HIGHWAY SAFETY FUND ESTABLISHED BY
SECTION 4501.06 OF THE REVISED
CODE.
(B) EXCEPT IN THE CASE OF A NEW OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE SOLD BY A DEALER LICENSED UNDER
CHAPTER 4517. OF THE
REVISED CODE TITLE TO WHICH IS
EVIDENCED BY A MANUFACTURER'S OR IMPORTER'S CERTIFICATE, 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. THE DEPUTY REGISTRAR OR
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 OR THE
SELLING DEALER. 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 A CERTIFICATE OF TITLE AND MAY ISSUE A
MEMORANDUM CERTIFICATE
OF TITLE. THE CERTIFICATE OF TITLE AND MEMORANDUM CERTIFICATE OF TITLE, IF
ISSUED, SHALL
BE DELIVERED TO THE HOLDER OF THE FIRST LIEN OR THE SELLING 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 SELLING DEALER ALSO MAY MAKE ARRANGEMENTS WITH THE CLERK TO
HAVE THE CLERK DELIVER 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. (A) 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.
(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 CREATED IN SECTION 4505.09 OF THE
REVISED
CODE, FOR USE AS DESCRIBED IN
DIVISION
(B)(2)(a)
OF THAT SECTION.
(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 CREATED IN SECTION 4505.09 OF THE
REVISED
CODE, FOR USE AS DESCRIBED IN
DIVISION
(B)(2)(c)
OF THAT SECTION.
(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 CREATED IN SECTION 4505.09 OF THE
REVISED
CODE, FOR USE AS DESCRIBED IN
DIVISION
(B)(3)(a)
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 TO NORMAL 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 OF
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 FIFTY DOLLARS 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 CORRECT,
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.
THE CLERK ALSO MAY PROVIDE A COPY OF A CERTIFICATE OF TITLE TO A PUBLIC AGENCY
WITHOUT CHARGE.
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. 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. 4519.67. 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;
(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. 4519.68. (A)(1) 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, EXCEPT AS PROVIDED
IN DIVISION
(A)(2) OF THIS SECTION.
(2) SECTIONS 1309.01 TO 1309.50 OF THE
REVISED
CODE APPLY TO A SECURITY
INTEREST IN AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE
HELD AS INVENTORY, AS DEFINED IN DIVISION
(D) OF SECTION 1309.07 OF THE
REVISED
CODE, FOR SALE BY A DEALER.
THE SECURITY INTEREST HAS PRIORITY OVER CREDITORS OF THE DEALER
AS PROVIDED IN SECTIONS 1309.01 TO 1309.50 OF THE
REVISED
CODE WITHOUT NOTATION OF THE
SECURITY INTEREST ON A CERTIFICATE OF TITLE OR WITHOUT THE
RETENTION OF A MANUFACTURER'S OR IMPORTER'S CERTIFICATE.
(B) SUBJECT TO
DIVISION (A) OF THIS
SECTION,
ANY SECURITY AGREEMENT COVERING A SECURITY INTEREST IN AN
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE,
IF A NOTATION OF THE
AGREEMENT HAS BEEN MADE BY THE CLERK OF THE COURT OF COMMON PLEAS ON THE FACE
OF THE CERTIFICATE OF TITLE, IS 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 SECURITY INTERESTS, LIENS,
MORTGAGES, AND
ENCUMBRANCES NOTED UPON A CERTIFICATE OF TITLE TAKE PRIORITY ACCORDING
TO THE ORDER OF TIME IN WHICH THEY ARE NOTED THEREON BY THE CLERK.
EXPOSURE FOR SALE OF ANY OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE
VEHICLE BY ITS OWNER, WITH THE KNOWLEDGE OR WITH THE KNOWLEDGE AND
CONSENT OF THE HOLDER OF ANY SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE
THEREON, DOES NOT
RENDER THE SECURITY INTEREST, LIEN, MORTGAGE, OR ENCUMBRANCE INEFFECTIVE AS
AGAINST THE CREDITORS
OF THE OWNER, OR AGAINST HOLDERS OF SUBSEQUENT SECURITY INTERESTS, 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 THE SECURITY INTEREST MADE ON THE
FACE OF THE
CERTIFICATE OF TITLE AND, IF SUCH A NOTATION IS MADE, ANOTHER NOTATION OF THE
LIEN SHALL
BE ENTERED INTO THE AUTOMATED TITLE PROCESSING SYSTEM FOR MOTOR VEHICLE
TITLES. THE CLERK, OVER THE
CLERK'S SIGNATURE AND SEAL OF OFFICE,
SHALL ISSUE A NEW ORIGINAL CERTIFICATE OF TITLE FROM THE
AUTOMATED TITLE PROCESSING SYSTEM THAT INDICATES THE SECURITY
INTEREST AND THE DATE OF THE SECURITY INTEREST.
WHEN THE SECURITY INTEREST IS DISCHARGED, THE HOLDER THEREOF SHALL NOTE THE
DISCHARGE
OVER THE HOLDER'S SIGNATURE ON THE FACE OF THE CERTIFICATE OF TITLE
OR OVER THE HOLDER'S SIGNATURE ON A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR
VEHICLES WHEN THERE IS NO SPACE FOR THE DISCHARGE 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 SECURITY INTEREST 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 SECURITY INTEREST 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. 4519.69. 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. 4519.70. (A)(1) NO
MINOR UNDER EIGHTEEN YEARS OF AGE SHALL PURCHASE OR OTHERWISE
ACQUIRE AN OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE AND
OBTAIN A CERTIFICATE OF TITLE FOR THE MOTORCYCLE OR VEHICLE
UNLESS THE APPLICATION FOR THE CERTIFICATE OF TITLE IS
ACCOMPANIED BY A FORM PRESCRIBED BY THE REGISTRAR OF MOTOR
VEHICLES THAT IS SIGNED BY A PARENT OF THE MINOR, THE MINOR'S
GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR
AUTHORIZING THE PURCHASE OR ACQUISITION OF THE OFF-HIGHWAY
MOTORCYCLE OR ALL-PURPOSE VEHICLE.
(2) NO MINOR UNDER EIGHTEEN YEARS OF AGE
SHALL SELL OR OTHERWISE DISPOSE OF AN OFF-HIGHWAY MOTORCYCLE OR
ALL-PURPOSE VEHICLE FOR WHICH A CERTIFICATE OF TITLE HAS BEEN
ISSUED UNDER THIS CHAPTER UNLESS A PARENT OF THE MINOR, THE
MINOR'S GUARDIAN, OR OTHER PERSON HAVING CUSTODY OF THE MINOR
FURNISHES TO THE BUYER OR PERSON ACQUIRING THE MOTORCYCLE OR
VEHICLE, AT THE TIME OF THE SALE OR DISPOSITION, A FORM
PRESCRIBED BY THE REGISTRAR THAT IS SIGNED BY THE PARENT,
GUARDIAN, OR OTHER PERSON AUTHORIZING THE SALE OR DISPOSITION OF
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE.
(B) AT THE
TIME AN APPLICATION FOR A CERTIFICATE OF TITLE FOR AN
OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE DESCRIBED IN
DIVISION (A) OF THIS SECTION IS
SUBMITTED, THE ADULT WHO SIGNED THE FORM AUTHORIZING THE SALE,
DISPOSITION, PURCHASE, OR ACQUISITION OF THE MOTORCYCLE OR
VEHICLE BY THE MINOR SHALL BE PRESENT AND SHALL PROVIDE
IDENTIFICATION ESTABLISHING THAT THE ADULT IS THE INDIVIDUAL
WHOSE SIGNATURE APPEARS ON THE FORM. THE REGISTRAR SHALL
PRESCRIBE, BY RULE, THE TYPES OF IDENTIFICATION THAT ARE
ACCEPTABLE FOR THE PURPOSES OF THIS DIVISION. IF THE ADULT WHO
SIGNED THE FORM DOES NOT PROVIDE IDENTIFICATION AS REQUIRED BY
THIS DIVISION, THE APPLICATION SHALL BE REFUSED.
(C) NO RIGHT, TITLE, CLAIM TO, OR INTEREST IN AN OFF-HIGHWAY
MOTORCYCLE
OR ALL-PURPOSE VEHICLE SHALL BE ACQUIRED BY OR FROM A MINOR
UNLESS THE APPLICATION FOR A CERTIFICATE OF TITLE FOR THE
MOTORCYCLE OR VEHICLE IS ACCOMPANIED BY THE FORM REQUIRED BY
THIS SECTION.
(D) NO CLERK OF A COURT OF COMMON PLEAS SHALL BE HELD LIABLE IN
ANY CIVIL ACTION THAT ARISES UNDER THE LAW OF THIS STATE FOR INJURY
OR LOSS TO PERSONS OR PROPERTY CAUSED WHEN A PERSON HAS OBTAINED
A CERTIFICATE OF TITLE IN VIOLATION OF THIS SECTION, UNLESS THE
CLERK FAILED TO USE REASONABLE DILIGENCE IN ASCERTAINING THE AGE
OF THE MINOR OR THE IDENTITY OF THE ADULT WHO SIGNED THE FORM
AUTHORIZING THE SALE, DISPOSITION, PURCHASE, OR ACQUISITION OF
THE OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE BY THE
MINOR.
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 4519.66 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 4519.67 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.
Section 2. That existing sections 325.33, 4501.01, 4503.10, 4505.06, 4505.09,
4511.85, 4517.01, 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, 4519.41, 4519.42, 4519.43, 4519.44, 4519.45,
4519.46,
4519.47, 4519.48, and 4519.99 of the Revised
Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect July
1, 1999.
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. H.B. 141 and Am. Sub. S.B. 60 of the 122nd 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.
|