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(122nd General Assembly)(Amended Substitute Senate Bill Number 213)
AN ACT
To amend sections 109.71, 3937.41, 4503.181, 4505.04, 4505.06, 4506.01,
4506.02, 4506.11,
4507.13, 4507.50, 4507.51, 4507.52, 4509.01, 4511.091,
4511.195, 4517.01, and 4517.03 and to enact sections 4501.31, 4506.25, and
4506.26 of
the Revised Code to modify the types of employment-related
accidents that insurers are prohibited from considering with
regard to an applicant's or policyholder's private automobile
insurance policy; to permit the holder of a temporary instruction permit,
driver's license, commercial driver's license, or state
identification card to prohibit the display of the holder's Social
Security number unless the display is
required by federal law; to permit a disabled
veteran who has a service-connected disability rated at 100% by
the Veterans' Administration to apply to the Registrar of Motor
Vehicles or a deputy registrar for the issuance of a state
identification card or a temporary identification card without
payment of any fee; to permit historical license plates issued
to a person's historical motor vehicle to be transferred to
another historical motor vehicle owned by that person; to modify
the provisions relating to out-of-service orders issued to
holders of commercial driver's licenses; to modify the
definition of "owner" of a motor vehicle for purposes of the
Financial Responsibility Law; to permit a law enforcement
officer who observes the operator of a motor vehicle commit one
of certain specified moving violations to radio another law
enforcement officer with information to enable that law
enforcement officer to arrest the operator or issue a citation
for the violation; to provide that a warning relating to a
possible fine that must be included in the written notice that
is given to the operator of a vehicle who is arrested for OMVI
or the owner of such a vehicle because the vehicle may be
subject to future impoundment or forfeiture, instead be given to
the person in court; to require the Director of Budget and
Management to transfer certain moneys into the Highway Safety
Federal Reimbursement Fund;
to include
within the definition of "peace officer" in the provisions of
the Ohio Peace Officer Training Commission a person serving as a
special police officer of the State Highway Patrol on a
permanent basis on October 21, 1997, and who has satisfactorily
completed an approved peace officer basic training program;
to permit
an application for a certificate of title to be filed
electronically by electronic image transmission in any county in
which the clerk of the court of common pleas permits such
filing;
to modify the definition of "remanufacturer" for purposes of the motor
vehicle dealer law;
to permit a motor vehicle
that is leased by a motor vehicle leasing dealer to another motor vehicle
leasing dealer to be the subject of a sublease, in certain circumstances;
and to maintain the provisions of
this act on and after January 1, 1999, by amending the version
of section 4507.13 of the Revised Code that takes effect on that date.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 109.71, 3937.41, 4503.181, 4505.04, 4505.06, 4506.01,
4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 4507.52,
4509.01, 4511.091, 4511.195, 4517.01, and 4517.03 be amended and sections
4501.31, 4506.25, and 4506.26 of the Revised Code be enacted to read as
follows:
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows: one member representing the public; two members who are
incumbent sheriffs; two members who are incumbent chiefs of
police; one member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the federal bureau of investigation in this state; and one member
from the department of education, trade and industrial
education services, law enforcement training. As used in sections 109.71 to 109.77 of the Revised Code: (A) "Peace officer" means: (1) A deputy sheriff, marshal, deputy marshal, member of
the organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or township constable,
who is commissioned and employed as a peace officer by a
political subdivision of this state or by a metropolitan housing
authority, and whose primary duties are to preserve the peace, to
protect life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any such laws, ordinances, resolutions, or regulations; (2) A police officer who is employed by a railroad company and
appointed and commissioned by the governor pursuant to sections
4973.17 to 4973.22 of the Revised Code; (3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated
by the tax commissioner for peace officer training for purposes
of the delegation of investigation powers under section 5743.45
of the Revised Code; (4) An undercover drug agent; (5) Liquor control investigators of the department of public safety engaged
in the enforcement of Chapters 4301. and 4303. of the Revised Code; (6) An employee of the department of natural resources who
is a park officer designated pursuant to section 1541.10, a
forest officer designated pursuant to section 1503.29, a preserve
officer designated pursuant to section 1517.10, a wildlife officer designated
pursuant to section 1531.13, or a state watercraft
officer designated pursuant to section 1547.521 of the Revised
Code; (7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code; (8) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code; (9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code; (10) Ohio veterans' home police officers designated under
section 5907.02 of the Revised Code; (11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; (12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a state
university law enforcement officer on a permanent basis on June 19,
1978, who has been awarded a certificate by the executive director of the
Ohio peace officer training council attesting to the person's
satisfactory completion of an approved state, county, municipal, or department
of natural resources peace officer basic training program; (13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code; (14) A member of a campus police department appointed
under section 1713.50 of the Revised Code; (15) A member of a police force employed by a regional transit authority
under division (Y) of section 306.35 of the Revised Code. (16) Food stamp trafficking agents of the department of
public safety
designated under section 5502.14 of the Revised Code; (17) Investigators appointed by the auditor of state pursuant to section
117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of
the Revised Code; (18) A special police officer designated by the superintendent of the
state highway patrol pursuant to section 5503.09 of the Revised Code
or a person who was serving as a special police officer pursuant
to that section
on a permanent basis on
October 21, 1997, and who has
been awarded a certificate by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an approved state, county, municipal, or department of natural
resources peace officer basic training program. (B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code. (C) "Crisis intervention training" means training in the
use of interpersonal and communication skills to most effectively
and sensitively interview victims of rape. (D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code. Sec. 3937.41. (A) As used in this section: (1) "Ambulance" has the same meaning as in section 4765.01
of the Revised Code and also includes private ambulance companies
under contract to a municipal corporation, township, or county. (2) "Emergency vehicle" means any of the following: (a) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a municipal,
township, or county department or public utility corporation and
that is identified as such as required by law, the director of
public safety, or local authorities; (b) Any motor vehicle, as defined in section 4511.01 of
the Revised Code, when commandeered by a police officer; (c) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a qualified
nonprofit corporation police department established pursuant to
section 1702.80 of the Revised Code and that is identified as an
emergency vehicle; (d) Any vehicle, as defined in section 4511.01 of the
Revised Code, that is an emergency vehicle of a proprietary
police department or security department of a hospital operated
by a public hospital agency or a nonprofit hospital agency that
employs police officers under section 4973.17 of the Revised
Code, and that is identified as an emergency vehicle. (3) "Fire fighter Firefighter" means any regular, paid, member
of a
lawfully constituted fire department of a municipal corporation
or township. (4) "Law enforcement officer" means a sheriff, deputy
sheriff, constable, marshal, deputy marshal, municipal or
township police officer, state highway patrol trooper, police
officer employed by a qualified nonprofit police department
pursuant to section 1702.80 of the Revised Code, or police
officer employed by a proprietary police department or security
department of a hospital operated by a public hospital agency or
nonprofit hospital agency pursuant to section 4973.17 of the
Revised Code. (5) "Motor vehicle accident" means any accident involving
a motor vehicle which results in bodily injury to any person, or
damage to the property of any person. (B) No insurer shall consider the circumstance that an
applicant or policyholder has been involved in a motor vehicle
accident while in the pursuit of the applicant's or
policyholder's official duties as a law
enforcement officer, fire fighter firefighter, or operator of an
emergency
vehicle or ambulance, or while operating a vehicle engaged in mowing or
snow
and
ice removal as a county, township, or department of transportation
employee,
or while operating a vehicle while engaged in the pursuit
of the applicant's or policyholder's official duties as a member
of the commercial motor vehicle safety enforcement unit of the
state highway patrol,
as a basis for doing either of the following: (1) Refusing to issue or deliver a policy of insurance
upon a private automobile, or increasing the rate to be charged
for such a policy; (2) Increasing the premium rate, canceling, or failing to
renew an existing policy of insurance upon a private automobile. (C) Any applicant or policyholder affected by an action of
an insurer in violation of this section may appeal to the
superintendent of insurance. After a hearing held upon not less
than ten days' notice to the applicant or policyholder and to the
insurer and if the superintendent determines that the insurer
has violated this
section, the superintendent may direct the issuance of a policy,
decrease the premium rate on a policy, or reinstate insurance
coverage. (D) The employer of the law enforcement officer, fire
fighter firefighter, or operator of an emergency vehicle or
ambulance, or
operator of a vehicle engaged in
mowing or snow and ice removal,
or operator of a vehicle who is a member of the commercial
motor vehicle safety enforcement
unit,
except as otherwise provided in
division (F) of this section,
shall certify to the state highway patrol or law enforcement
agency that investigates the accident whether the officer, fire fighter
firefighter,
or operator of an emergency vehicle or ambulance, or
operator of a vehicle engaged in
mowing or snow and ice removal, or operator of a vehicle who is a
member of the commercial motor vehicle safety enforcement
unit,
was engaged in the performance of
the person's official duties
as such
employee at the time of the accident. The employer shall
designate an official authorized to make the certifications. The state
highway patrol or law enforcement agency shall include the
certification in any report of the accident forwarded to the
department of public safety pursuant to sections 5502.11 and
5502.12 of the Revised Code and shall forward the certification
to the department if received after the report of the accident
has been forwarded to the department. The registrar of motor
vehicles shall not include an accident in a certified abstract of
information under division (A) of section 4509.05 of the Revised
Code, if the person involved has been so certified as having been
engaged in the performance of the person's official duties
at the time of
the accident. (E) Division (B) of this section does not apply to an
insurer whose policy covers the motor vehicle at the time the
motor vehicle is involved in an accident described in division
(B) of this section. (F) Division (B) of this section does not apply if an
applicant or policyholder, on the basis of the applicant's or
policyholder's involvement in an
accident described in that division, is convicted of or pleads
guilty or no contest to a violation of section 4511.19 of the
Revised Code; of a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse; or of a municipal ordinance relating
to operating a vehicle with a prohibited concentration of alcohol
in the blood, breath, or urine, or other bodily substance. Sec. 4501.31. (A) Every
driver's license, commercial driver's
license, temporary instruction permit, and identification card issued by the
registrar of motor vehicles or a deputy registrar on or after the effective
date of this section shall display the social security number of
the person to whom the license, permit, or card is issued unless the person to
whom the license, permit, or card is to be issued specifically requests that
the person's social security number not be displayed on the license, permit,
or card. If federal law requires the person's social security number to be
displayed on the license, permit, or card, the social security number shall be
displayed on the license, permit, or card notwithstanding a request to not
display the number pursuant to this division. (B) For purposes of compliance with subparagraph(b)(1)(B) of section 656 of Public
Law No. 104-208, as statutorily noted under 5
U.S.C.A. 301, the registrar shall do both
of the following: (1) Require every applicant for a driver's license, temporary instruction
permit, commercial driver's license, or identification card to submit the
applicant's social security number, if one has been assigned; (2) Verify that the number is valid. Sec. 4503.181. (A) As used in this section, "historical
motor vehicle" means any motor vehicle that is more than
twenty-five years old and that is owned solely as a collector's item and for
participation
in club activities, exhibitions, tours, parades, and similar
uses, but in no event is used for general transportation. (B) In lieu of the annual license tax levied in sections
4503.02 and 4503.04 of the Revised Code, a license fee of
ten
dollars is levied on the operation of an historical motor
vehicle. (C) A person who owns an historical motor
vehicle and applies for license plates
under this section shall execute an affidavit that the vehicle
for which plates are requested is owned and operated solely for
the purposes enumerated in division (A) of this section, and also
setting forth in the affidavit that the vehicle has been
inspected and found safe to operate on the public roads and highways
in the state. A person who owns an
historical motor vehicle who and desires to display
model year license plates on the vehicle as permitted by this
section shall execute at the time of registration an affidavit
setting forth that the model year license plates the person
desires to
display on the person's historical motor vehicle are legible
and serviceable license plates that originally were
issued by this state. No registration issued pursuant to this section need
specify the weight of the vehicle. (D) A vehicle registered under this section may display
historical vehicle license plates issued by the registrar of
motor vehicles or model year license plates procured by the
applicant. Historical vehicle license plates shall not bear no
a date, but
shall bear the inscription "Historical Vehicle--Ohio" and
the registration number, which shall be shown thereon. Model year
license plates shall be legible and serviceable license plates
issued by this state and inscribed with the date of the year
corresponding to the model year when the vehicle was
manufactured. Notwithstanding section 4503.21 of the Revised
Code, only one model year license plate is required to be
displayed on the rear of the historical motor vehicle at all
times. The registration certificate and the historical vehicle license
plates issued by the registrar shall be kept in the vehicle
at all times the vehicle is operated on the public
roads and highways in this state. Notwithstanding section 4503.21 of the Revised Code, the
owner of an historical motor vehicle that was manufactured for
military purposes and that is registered under this section may
display the assigned registration number of the vehicle by
painting the number on the front and rear of the vehicle. The
number shall be painted, in accordance with the size and style
specifications established for numerals and letters shown on
license plates in section 4503.22 of the Revised Code, in a color
that contrasts clearly with the color of the vehicle, and shall
be legible and visible at all times. Upon application for
registration under this section and payment of the license fee
prescribed in division (B) of this section, the owner of such an historical
motor vehicle shall be issued historical vehicle license plates. The
registration certificate and at least one
such license plate shall be kept in the vehicle at all times the
vehicle is operated on the public roads
and highways in this state. If
ownership of such a vehicle is transferred, the
transferor shall surrender the historical vehicle license plates
or transfer them to another historical motor vehicle the transferor
owns, and remove or obliterate the registration numbers painted on
the
vehicle. (E) Historical vehicle and model year license plates are valid without
renewal
as long as the vehicle for which they were
issued or procured is in existence. The historical Historical
vehicle plates
are issued for the applicant's owner's use only for such
vehicle
unless later transferred to another historical motor
vehicle owned by that person. In order to effect such a
transfer, the owner of the historical motor vehicle that
originally displayed the historical vehicle plates shall comply
with division (C) of this
section. In the event of a transfer of title, the transferor
shall surrender historical vehicle license plates
or transfer them to another historical motor vehicle owned
by the transferor, but model
year
license plates may be retained by the transferor. The registrar
of motor vehicles may revoke license plates issued under this
section, for cause shown and after hearing, for failure of the
applicant to comply with this section. Upon revocation,
historical vehicle license plates shall be surrendered;
model year license plates may be retained, but no longer are
valid for display on the vehicle. (F) The owner of an historical motor vehicle bearing
historical vehicle license plates may replace them with model
year license plates by surrendering the historical vehicle
license plates and motor vehicle certificate of registration to
the registrar. The owner, at the time of registration,
shall execute an affidavit setting forth that the model year plates are
legible and serviceable license plates that originally were issued
by this state. Such an owner is required to pay the
license fee prescribed by division (B) of this section, but
the
owner is not required to have the historical motor vehicle reinspected
under division (C) of this section. A person who owns an historical motor vehicle
bearing model year
license plates may replace them with historical vehicle license
plates by surrendering the motor vehicle certificate of
registration and applying for issuance of historical vehicle
license plates. Such a person is required to pay the
license fee prescribed by division (B) of this section, but
the person is not required to have the historical motor
vehicle reinspected under division (C) of this section. Sec. 4505.04. (A) No person acquiring a motor vehicle
from its owner, whether the owner is a manufacturer, importer,
dealer, or any other person, shall acquire any right, title,
claim, or interest in or to the motor vehicle until such person
has had there is issued to him the person a
certificate of title to the
motor
vehicle, or delivered to him the person a manufacturer's or
importer's
certificate for it; and no waiver or estoppel operates in favor
of such person against a person having possession of the
certificate of title to, or manufacturer's or importer's
certificate for, the motor vehicle, for a valuable consideration. (B) Subject to division (C) of this section, no court
shall recognize the right, title, claim, or interest of any
person in or to any motor vehicle sold or disposed of, or
mortgaged or encumbered, unless evidenced: (1) By a certificate of title, a manufacturer's or
importer's certificate, or a certified receipt of title
cancellation to an exported motor vehicle issued in accordance
with sections 4505.01 to 4505.21 of the Revised Code; (2) By admission in the pleadings or stipulation of the
parties; (3) In an action by a secured party to enforce a security
interest perfected under sections 1309.01 to 1309.50 of the
Revised Code in accordance with division (A) of section 4505.13
of the Revised Code, by an instrument showing a valid security
interest. (C)(1) As used in this division (C) of this section: (a) "Harm" means damage or other loss. (b) "Lease agreement" includes a sublease agreement as defined in
division
(C)(1)(d) of this section. (c) "Lessee" includes a sublessee under a sublease
agreement, but only if the sublessee is a motor vehicle leasing dealer
licensed under Chapter 4517. of the Revised Code. (d) "Sublease agreement" means a lease of a motor
vehicle between a motor vehicle leasing dealer licensed under
Chapter 4517. of the
Revised Code
and a second such duly
licensed motor vehicle
leasing
dealer. (e) "Tort action" means a civil action for damages for
harm to a motor vehicle, other than a civil action for damages
for a breach of contract or another agreement between persons. (2) Notwithstanding division divisions (A) and (B) of
this section, if a
motor vehicle that is the subject of a lease agreement sustains
harm during the term of that agreement and if all of the
following conditions are satisfied, the lessee may commence a
tort action in his the lessee's own name to recover damages for
the harm from
the person allegedly responsible for it: (a) The lessee shall file with and attach to the complaint
in the tort action a copy of the lease agreement for pursuant to
which the lessee is responsible for damage to the motor
vehicle, for purposes of establishing the ownership of the motor
vehicle and the interest of the lessee in it; (b) The harm to the motor vehicle shall be such that,
under the lease agreement, the lessee bringing the action is legally
responsible for
the repair of the harm; (c) The lessee shall cause a copy of the complaint in the
tort action to be served upon the owner of the motor vehicle and upon any
other lessee of the vehicle in
accordance with the Rules of Civil Procedure. Sec. 4505.06. (A) Application for a certificate of title
shall be made upon 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. The
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 to a general buyer or user, 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,
and. 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. 4506.01. As used in this chapter: (A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as
a percentage, it means grams of alcohol per the following: (1) One hundred milliliters of blood; (2) Two hundred ten liters of breath; (3) One hundred milliliters of urine. (B) "School bus" has the same meaning as in section
4511.01 of the Revised Code. (C) "Commercial driver's license" means a license issued in
accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle. (D) "Commercial driver license information system" means
the information system established pursuant to the requirements
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701. (E) "Commercial
Except when used in section 4506.25 of the
Revised
Code, "commercial
motor vehicle" means any motor vehicle
designed or used to transport persons or property that meets any
of the following qualifications: (1) Any combination of vehicles with a combined gross
vehicle weight rating of twenty-six thousand one pounds or more,
provided the gross vehicle weight rating of the vehicle or
vehicles being towed is in excess of ten thousand pounds; (2) Any single vehicle with a gross vehicle weight rating
of twenty-six thousand one pounds or more, or any such vehicle
towing a vehicle having a gross vehicle weight rating that is not
in excess of ten thousand pounds; (3) Any single vehicle or combination of vehicles that is
not a class A or class B vehicle, but that either is designed to
transport sixteen or more passengers including the driver, or is
placarded for hazardous materials; (4) Any school bus with a gross
vehicle weight rating of less than twenty-six thousand one pounds
that is designed to transport fewer than sixteen passengers
including the driver; (5) Is transporting hazardous materials for which
placarding is required by regulations adopted under the
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),
49 U.S.C.A. 1801, as amended; (6) Any single vehicle or combination of vehicles that is designed to be
operated and to travel on a public street or highway and is considered by the
federal highway administration to be a commercial motor vehicle, including,
but not limited to, a motorized crane, a vehicle whose function is to pump
cement, a rig for drilling wells, and a portable crane. (F) "Controlled substance" means all of the following: (1) Any substance classified as a controlled substance
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21
U.S.C.A. 802(6), as amended; (2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended; (3) Any drug of abuse. (G) "Conviction" means an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction, an unvacated forfeiture of
bail or
collateral deposited to secure the person's appearance in court,
the payment of a fine or court cost, or violation of a condition
of release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated. (H) "Disqualification" means withdrawal of the privilege
to drive a commercial motor vehicle. (I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle. (J) "Driver" means any person who drives, operates, or is
in physical control of a commercial motor vehicle or is required
to have a commercial driver's license. (K) "Driver's license" means a license issued by the
bureau of motor vehicles that authorizes an individual to drive. (L) "Drug of abuse" means any controlled substance,
dangerous drug as defined in section 4729.02 of the Revised Code,
or over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes. (M) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a
person to drive such a motor vehicle. (N) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle. (O) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a
felony under the law of this state, regardless of the penalty
that may be imposed. (P) "Foreign jurisdiction" means any jurisdiction other
than a state. (Q) "Gross vehicle weight rating" means the value
specified by the manufacturer as the maximum loaded weight of a
single or a combination vehicle. The gross vehicle weight rating
of a combination vehicle is the gross vehicle weight rating of
the power unit plus the gross vehicle weight rating of each towed
unit. (R) "Hazardous materials" means materials identified as
such under regulations adopted under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as
amended. (S) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code. (T) "Out-of-service
Except when used in sections 4506.25 and 4506.26 of the
Revised
Code, "out-of-service
order" means a temporary prohibition
against driving a commercial motor vehicle issued under this
chapter or a similar law of another state or of a foreign
jurisdiction. (U) "Residence" means any person's residence determined in
accordance with standards
prescribed in rules adopted by the registrar. (V) "Temporary residence" means residence on a temporary basis as
determined by the registrar in accordance with standards prescribed in rules
adopted by the registrar. (W) "Serious traffic violation" means a conviction arising
from the operation of a commercial motor vehicle that involves
any of the following: (1) A single charge of any speed that is in excess of the
posted speed limit by an amount specified by the United States
secretary of transportation and that the director of public
safety designates as such by rule; (2) Violation of section 4511.20, 4511.201, or 4511.202 of
the Revised Code or any similar ordinance or resolution, or of
any similar law of another state or political subdivision of
another state; (3) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident; (4) Violation of any other law of this state or an
ordinance or resolution relating to traffic control, other than a
parking violation, that is determined to be a serious traffic
violation by the United States secretary of transportation and
the director designates as such by rule. (X) "State" means a state of the United States and
includes the District of Columbia. (Y) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid or gaseous materials within a
tank that is either permanently or temporarily attached to the
vehicle or its chassis, but does not include any portable tank
having a rated capacity of less than one thousand gallons. (Z) "United States" means the fifty states and the
District of Columbia. (AA) "Vehicle" has the same meaning as in section 4511.01
of the Revised Code. (BB) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code. Sec. 4506.02. (A) Nothing in this chapter applies to any
person when engaged in the operation of any of the following: (1) A farm truck; (2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district; (3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons; (4) A recreational vehicle; (5) A commercial motor vehicle within the boundaries of an eligible unit of
local government, if the person is employed by the eligible unit of local
government and is operating the commercial motor vehicle for the purpose of
removing snow or ice from a roadway by plowing, sanding, or salting, but only
if either the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle for these
purposes is unable to operate the vehicle, or the employing eligible unit of
local government determines that a snow or ice emergency exists that requires
additional assistance; (6) A vehicle owned by the department of defense and operated by any member
or uniformed employee of the armed forces of the United States or their
reserve components, including the Ohio national guard. This exception
does not apply to United States reserve technicians. (7) A commercial motor vehicle that is operated
for nonbusiness purposes. "Operated for nonbusiness purposes"
means that the commercial motor vehicle is not used in commerce
as "commerce" is defined in 49
C.F.R.
383.5, as amended, and is not regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised
Code. Nothing contained in division (A)(5) of this section shall be construed as
preempting or superseding any law, rule, or regulation of this state
concerning the safe operation of commercial motor vehicles. (B) As used in this section: (1) "Eligible unit of local government" means a village, township, or county
that has a population of not more than three thousand persons according to the
most recent federal census. (2) "Farm truck" means a truck controlled and operated by
a farmer for use in the transportation to or from a farm, for a
distance of no more than one hundred fifty miles, of products of
the farm, including livestock and its products, poultry and its
products, floricultural and horticultural products, and in the
transportation to the farm, from a distance of no more than one
hundred fifty miles, of supplies for the farm, including tile,
fence, and every other thing or commodity used in agricultural,
floricultural, horticultural, livestock, and poultry production,
and livestock, poultry, and other animals and things used for
breeding, feeding, or other purposes connected with the operation
of the farm, when the truck is operated in accordance with this
division and is not used in the operations of a motor
transportation company or private motor carrier. (3) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. (4) "Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit. Sec. 4506.11. (A) Every commercial driver's license shall
be marked "commercial driver's license" or "CDL" and shall be of
such material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial driver's
license for licensees under twenty-one years of age shall have characteristics
prescribed by the registrar of motor vehicles distinguishing it from that
issued to a licensee who is twenty-one years of age or older. Every
commercial
driver's license shall contain display all of the following
information: (1) The name and residence address of the licensee; (2) A color photograph of the licensee; (3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair; (4) The licensee's date of birth; (5) The licensee's social security number and any number
or other identifier the director of public safety considers
appropriate and establishes by rules adopted under Chapter 119.
of the Revised Code and in compliance with federal law;.
If the licensee requests that the licensee's commercial driver's license
not display the licensee's social security number, the license shall not
display the number unless display of the number is required by federal
law. (6) The licensee's signature; (7) The classes of commercial motor vehicles the licensee
is authorized to drive and any endorsements or restrictions
relating to his the licensee's driving of those vehicles; (8) A space marked "blood type" in which the licensee may
specify his the licensee's blood type; (9) The name of this state; (10) The dates of issuance and of expiration of the
license; (11) If the licensee has certified willingness to make an
anatomical donation under section 2108.04 of the Revised Code,
any symbol chosen by the registrar of motor vehicles to indicate
that the licensee has certified that willingness; (12) On and after May 1, 1993, if If the licensee has
executed a durable power of attorney for health care or a
declaration governing the use or continuation, or the withholding
or withdrawal, of life-sustaining treatment and has specified
that he the licensee wishes his the license to
indicate that he the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that the licensee
has executed either type of instrument; (13) Any other information the registrar considers
advisable and requires by rule. (B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section. (C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the commercial driver's license issued to persons who
are twenty-one years of age or older. Sec. 4506.25. (A) As
used in this section: (1) "commercial motor vehicle" means any
self-propelled or towed vehicle used on public highways in
intrastate or interstate commerce to transport passengers or
property that meets any of the following specifications: (a) The vehicle has a gross vehicle weight rating
or gross combination weight rating of ten thousand one
pounds or more. (b) The vehicle is designed to transport sixteen
or more passengers, including the driver. (c) The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under the
regulations issued by the
United
States secretary of
transportation under the
"Hazardous
Materials
Transportation
Act," 88
Stat. 2156 (1975), 49
U.S.C.A.
1801, as amended. (2) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, local,
Canadian, or
Mexican jurisdiction declaring
that a driver, commercial motor vehicle, or commercial motor
carrier operation is out of service pursuant to 49
C.F.R.
386.72, 392.5, 395.13, or 396.9, as amended, laws equivalent
to those provisions, or the North
American uniform out-of-service
criteria. (B) The registrar of
motor vehicles shall disqualify any person from operating a
commercial motor vehicle who receives a notice of a conviction
for violation of an out-of-service order issued under rules of
the public utilities commission adopted pursuant to section
4919.79, 4921.04, or 4923.20 of the
Revised
Code, or a conviction for a
violation of the same or similar laws of another state or
jurisdiction applicable to vehicles in regulated
commerce. Sec. 4506.26. (A) As
used in this section, "out-of-service order" has the same
meaning as in division (A)(2)
of section 4506.25 of the
Revised
Code. (B) Any person who is
found to have been convicted of a violation of an
out-of-service order shall be disqualified by the registrar of
motor vehicles as follows: (1) If the person has not been convicted previously of a
violation of an out-of-service order, the period of
disqualification is ninety days. (2) If, during any ten-year period, the driver is
convicted of a second violation of an out-of-service order in an
incident separate from the incident that resulted in the first
violation, the period of disqualification is one
year. (3) If, during any ten-year period, the driver is
convicted of a third or subsequent violation of an
out-of-service order in an incident separate from the incidents
that resulted in the previous violations during that ten-year
period, the period of disqualification is three
years. (C)(1) A driver is
disqualified for one hundred eighty days
if the driver is convicted of a first violation
of an out-of-service order while transporting hazardous
materials required to be placarded under the
"Hazardous
Materials
Transportation
Act," 88
Stat. 2156 (1975), 49
U.S.C.A.
1801, as amended, or while operating a motor vehicle designed to
transport sixteen or more passengers, including the
driver. (2) A driver is disqualified for a period of
three years if, during any
ten-year period, the driver is convicted of a second or
subsequent violation, in an incident separate from the incident
that resulted in a previous violation during that ten-year
period, of an out-of-service order while transporting hazardous
materials required to be placarded under that act, or while
operating a motor vehicle designed to transport sixteen or more
passengers, including the driver. Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver. Every driver's license shall bear display on it the
distinguishing
number assigned to the licensee and shall contain display the
licensee's
name, date of birth, and, except as otherwise provided in this
section, the licensee's
social security number if such number has
been assigned; the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify the licensee's
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D) of section 4507.08 of the Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that the licensee
wishes the license to indicate that the
licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule. A license
shall display the licensee's social security number unless the licensee
specifically requests that the licensee's social security number not be
displayed on the license. If federal law requires the licensee's social
security number to be displayed on the license, the social security number
shall be displayed on the license notwithstanding a request to not display the
number pursuant to this section. The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older, except that a
driver's license issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one year
years of age or older. The driver's license issued to a temporary resident shall contain the word
"nonrenewable" and shall have any additional characteristics prescribed by the
registrar distinguishing it from a license issued to a resident. Every driver's or commercial driver's license bearing displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear display the designation
"novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license. Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material. (B) Except in regard to a driver's license issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older. (C) This is an interim section effective until January1, 1999. Sec. 4507.50. (A) The registrar of motor vehicles or a deputy
registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and, except as
otherwise provided in this section, is not licensed as an operator of a motor
vehicle in this state or another licensing jurisdiction, and, except
as provided in division (B) of this section, upon
receipt of a fee of three dollars and fifty cents, shall issue an
identification card to that person. Any person who is a resident or temporary resident of this state whose
Ohio driver's or commercial driver's license has been suspended or
revoked, upon application in compliance with section 4507.51
of the Revised Code and, except as provided in division (B)
if this section, payment of a fee of three dollars and
fifty cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates of the suspension or revocation of the cardholder's
license, or until the birthday of the cardholder in the fourth
year after the date on which it is issued, whichever is shorter.
The cardholder shall surrender the identification card to
the registrar or any deputy registrar before the
cardholder's driver's or
commercial driver's license is restored or reissued. The Except as provided in division (B) of this section,
the deputy registrar shall be allowed a fee of two dollars
and twenty-five cents for each identification card issued under
this section. The fee allowed to the deputy registrar shall be
in addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge
a fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar laminating such a card shall retain the entire amount
of the fee charged for lamination, less the actual cost to the
registrar of the laminating materials used for that lamination,
as specified in the contract executed by the bureau for the
laminating materials and laminating equipment. The deputy
registrar shall forward the amount of the cost of the laminating
materials to the registrar for deposit as provided in this
section. The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the Revised
Code. (B) A disabled veteran who has a
service-connected disability rated at one hundred per cent by
the veterans' administration may apply to the registrar or a
deputy registrar for the issuance to that veteran of an
identification card or a temporary identification card under
this section without payment of any fee prescribed in division
(A) of this section, including
any lamination fee. If the identification card or temporary identification
card of a disabled veteran described in this division is
laminated by a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is in
effect on the effective date of this amendment, the disabled
veteran shall pay the deputy registrar the
lamination fee prescribed in division
(A) of this section. If the
identification card or temporary identification card is
laminated by a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after the effective date of this amendment, the
disabled veteran is not required to pay the deputy registrar the
lamination fee prescribed in division
(A) of this section. A disabled veteran whose identification card or
temporary identification card is laminated by the registrar is
not required to pay the registrar any lamination fee. An application made under division
(A) of this section shall be
accompanied by such documentary evidence of disability as the
registrar may require by rule. Sec. 4507.51. (A)(1) Every application for an
identification card or duplicate shall be made on a form
furnished by the registrar of motor vehicles, shall be signed by
the applicant, and by his the applicant's parent or guardian if
the applicant is
under eighteen years of age, and shall contain the following
information pertaining to the applicant: name, date of birth,
sex, general description including the applicant's height,
weight, hair color, and eye color, address, social security
number, and at the option of
the applicant, his social security number,
his blood type, or his
social security number and his the applicant's blood type. The
application form
shall state that an applicant is not required to furnish his
social security number or his the applicant's blood type. The
application shall
also shall state whether an applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised Code
and shall include information about the requirements of that
section that apply to persons who are less than eighteen years of
age. The statement regarding willingness to make such a
donation
shall be given no consideration in the decision of whether to
issue an identification card. Each applicant shall be
photographed in color at the time of making application. (2) On and after May 1, 1993, the The application also shall
state whether the applicant has executed a valid durable power
of
attorney for health care pursuant to sections 1337.11 to 1337.17
of the Revised Code or has executed a declaration governing the
use or continuation, or the withholding or withdrawal, of
life-sustaining treatment pursuant to Chapter 2133. of the
Revised Code and, if the applicant has executed either type of
instrument, whether he the applicant wishes his
the identification card to
indicate
that he the applicant has executed the instrument. (3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector any person who applies for an identification card or
duplicate if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether
to register as an elector shall be given no consideration in the
decision of whether to issue him the applicant an identification
card or
duplicate. (B) The application for an identification card or
duplicate shall be filed in the office of the registrar or
deputy
registrar. Each applicant shall present documentary evidence as
required by the registrar of his the applicant's age and
identity. Each
applicant who did not enter his social security
number on his
application form, upon request, shall furnish the registrar or
the deputy registrar with the applicant's social security
number,
if such a number has been assigned to the applicant, for
purposes
of determining whether a driver's or commercial driver's license
has been issued under the same social security number. The
registrar or deputy registrar shall not maintain the social
security number as a part of the record or enter it on the
application form. The, and the applicant shall swear that
all information
given is true. All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled. Sec. 4507.52. Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall bear
display a
distinguishing number assigned to the cardholder, and shall
contain display the following inscription: "STATE OF OHIO IDENTIFICATION CARDThis card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the identity of the bearer described on the card, who currently
is not licensed to operate a motor vehicle in the state of Ohio." The identification card shall bear display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code and,
including the cardholder's social security number unless the cardholder
specifically requests that the cardholder's social security number not be
displayed on the card. If federal law requires the cardholder's social
security number to be displayed on the identification card, the social
security number shall be displayed on the card notwithstanding a request to
not display the number pursuant to this section.
The identification card
also
shall
contain display the color photograph of the cardholder. On
and after May 1, 1993, if If
the cardholder has executed a
durable power of attorney for health care or a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment and has specified that
the cardholder wishes the identification
card to indicate that the cardholder has
executed either type of instrument, the card also shall contain
display
any symbol chosen by the registrar to indicate that the
cardholder has executed either type of instrument. The card
shall be sealed in transparent plastic or similar material and
shall be so designed as to prevent its reproduction or alteration
without ready detection. The identification card for persons under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a person who is twenty-one years of age or older, except that an
identification card issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the characteristics of
an identification card issued to a person who is twenty-one years of age or
older. Every identification card issued to a resident of this state shall
expire, unless canceled or
surrendered earlier, on the birthday of the cardholder in the
fourth year after the date on which it is issued. Every identification
card issued to a temporary resident shall expire in accordance with rules
adopted by the registrar and is nonrenewable, but may be replaced with a new
identification card upon the applicant's compliance with all applicable
requirements. A cardholder
may renew the cardholder's identification card within
ninety days prior to the day on which it expires by filing an
application and paying the prescribed fee in accordance with section 4507.50
of the Revised Code. If a cardholder applies for a driver's or commercial
driver's license in this state or another licensing jurisdiction,
the cardholder shall surrender the
cardholder's identification card to the registrar or
any deputy registrar before the license is issued. If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following: (A) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar; (B) Filing an application and presenting documentary
evidence under section 4507.51 of the Revised Code. Any person who loses a card and, after obtaining a
duplicate, finds the original, immediately shall surrender
the original to the registrar or a deputy registrar. A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing suitable proof
of the change to the registrar or a deputy registrar and
surrendering the cardholder's existing card. When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of two dollars
and fifty cents. A deputy registrar shall be allowed an
additional fee of two dollars and twenty-five cents for
issuing a duplicate or
replacement identification card.
A disabled veteran who is a cardholder and has a
service-connected disability rated at one hundred per cent by
the veterans' administration may apply to
the registrar or a deputy registrar for the issuance of a
duplicate or replacement identification card without payment of
any fee prescribed in this section, and without payment of any
lamination fee if the disabled veteran would not be required to
pay a lamination fee in connection with the issuance of an
identification card or temporary identification card as provided
in division (B) of section
4507.50 of the Revised
Code. A duplicate or replacement identification card shall expire
on the same date as the card it replaces. The registrar shall cancel any card upon determining that
the card was obtained unlawfully, issued in error, or was
altered. The registrar also shall cancel any card that
is surrendered to
the registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial driver's
license. No agent of the state or its political subdivisions shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated or franchised transit system from using an
identification card for the purpose of granting benefits or
services of the system. No person shall be required to apply for, carry, or possess
an identification card. (C) Except in regard to an identification card issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall issue an identification card to a person under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who are
twenty-one years of age or older. Sec. 4509.01. As used in sections 4509.01 to 4509.78 of
the Revised Code: (A) "Person" includes every natural person, firm,
partnership, association, or corporation. (B) "Driver" means every person who drives or is in actual
physical control of a motor vehicle. (C) "License" includes any license, permit, or privilege
to operate a motor vehicle issued under the laws of this state
including: (1) Any temporary instruction permit or examiner's driving
permit; (2) The privilege of any person to drive a motor vehicle
whether or not such person holds a valid license; (3) Any nonresident's operating privilege. (D) "Owner" means a person who holds the legal title of a
motor vehicle. If a motor vehicle is the subject of an agreement
for conditional sale or a lease with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee, the vendee or lessee is the owner. If a mortgagor of
A person listed as the owner on a certificate of title on
which there is a notation of a security interest is the owner.
A buyer or other transferee of
a
motor vehicle is entitled to possession, the mortgagor is
who receives the certificate of title from the seller or
transferor listing the seller or transferor thereon as the owner
with an assignment of title to the buyer or transferee
nonetheless is the owner even though a subsequent certificate of
title has not been issued listing the buyer or transferee
as
the owner. (E) "Registration" means registration certificates and
registration plates issued under the laws of this state
pertaining to the registration of motor vehicles. (F) "Nonresident" means every person who is not a resident
of this state. (G) "Nonresident's operating privilege" means the
privilege conferred upon a nonresident by the laws of this state
pertaining to the operation by such person of a motor vehicle, or
the use of a motor vehicle owned by such person, in this state. (H) "Vehicle" means every device by which any person or
property may be transported upon a highway, except devices moved
by power collected from overhead electric trolley wires, or used
exclusively upon stationary rails or tracks, and except devices
other than bicycles moved by human power. (I) "Motor vehicle" means every vehicle propelled 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, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
threshing machinery, hay baling machinery, and agricultural
tractors and machinery used in the production of horticultural,
floricultural, agricultural, and vegetable products. (J) "Accident" or "motor vehicle accident" means any
accident involving a motor vehicle which results in bodily injury
to or death of any person, or damage to the property of any
person in excess of four hundred dollars. (K) "Proof of financial responsibility" means proof of
ability to respond in damages for liability, on account of
accidents occurring subsequent to the effective date of such
proof, arising out of the ownership, maintenance, or use of a
motor vehicle in the amount of twelve thousand five hundred
dollars because of bodily injury to or death of one person in any
one accident, in the amount of twenty-five thousand dollars
because of bodily injury to or death of two or more persons in
any one accident, and in the amount of seven thousand five
hundred dollars because of injury to property of others in any
one accident. (L) "Motor-vehicle liability policy" means an "owner's
policy" or an "operator's policy" of liability insurance,
certified as provided in section 4509.46 or 4509.47 of the
Revised Code as proof of financial responsibility, and issued,
except as provided in section 4509.47 of the Revised Code, by an
insurance carrier authorized to do business in this state, to or
for the benefit of the person named therein as insured. Sec. 4511.091. (A) The driver of any motor vehicle which
THAT has been
checked by
radar, or by any electrical or mechanical
timing device to determine the speed
of the motor vehicle over a measured distance of the a highway
or a
measured
distance of a private road or driveway, and found to be in
violation of any of
the provisions of section 4511.21 or 4511.211 of the Revised
Code, may be
arrested until a warrant can be obtained, provided such the
arresting officer
has observed
the recording of the speed of such THE motor vehicle by the radio
microwaves,
electrical or mechanical timing device, or has
received a radio
message from
the officer who observed the speed of the motor vehicle recorded by the radio
microwaves, electrical or mechanical timing
device;
provided, in case of an
arrest based on such a message, such the radio message has been
dispatched
immediately after the speed of the motor vehicle was recorded and the
arresting
officer is furnished a description of the motor vehicle for proper
identification and the recorded speed. (B) if the driver of a motor vehicle being driven
on a public street or highway of this state is observed
violating any provision of this chapter other than section
4511.21 or 4511.211 OF THE
REVISED
CODE by a law enforcement
officer situated at any location, including in any type of
airborne aircraft or airship, that law enforcement officer may
send a radio message to another law enforcement officer, and
the other law enforcement officer may arrest the driver of the
motor vehicle until a warrant can be obtained or may issue the
driver a citation for the violation; provided, if an arrest or
citation is based on such a message, the radio message is
dispatched immediately after the violation is observed and the
law enforcement officer who observes the violation furnishes to
the law enforcement officer who makes the arrest or issues the
citation a description of the alleged violation and the motor
vehicle for proper identification. Sec. 4511.195. (A) As used in this section: (1) "Vehicle operator" means a person who is operating a
vehicle at the time it is seized under division (B) of this
section. (2) "Vehicle owner" means either of the following: (a) The person in whose name is
registered, at the time of the seizure, a vehicle that is seized under
division (B) of this section; (b) A person to whom the certificate of title to a vehicle that is seized
under division (B) of this section has been assigned and who has not obtained
a certificate of title to the vehicle in that person's name, but who is deemed
by the court as being the owner of the vehicle at the time the vehicle was
seized under division (B) of this section. (3) "Municipal OMVI ordinance" means any municipal
ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or prohibiting the operation of a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine. (4) "Interested
party" includes the owner of a vehicle seized under this
section, all lienholders, the defendant, the owner of the place
of storage at which a vehicle seized under this section is
stored, and the person or entity that caused the vehicle to be
removed. (B)(1) If a person is arrested for a violation of division
(A) of section 4511.19 of the Revised Code or of a municipal OMVI
ordinance and, within six years of the alleged violation,
the person previously has been convicted of or pleaded guilty to one or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal OMVI ordinance, section 2903.04 of the
Revised Code in a case in which the offender was subject to the
sanctions described in division (D) of that section, or section
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal
ordinance that is substantially similar to section 2903.07 of the
Revised Code in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse,
a statute of the United
States or of any other state or a municipal ordinance of a municipal
corporation located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
or if a person is arrested for a violation of
division (A) or of section 4511.19 of the Revised Code or of a
municipal
OMVI ordinance and the person previously has been convicted
of or pleaded guilty to a violation of division (A) of section
4511.19 of the Revised Code under circumstances in which the violation was a
felony, regardless of when the
prior felony violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer or another
officer of the law enforcement agency that employs the arresting
officer, in addition to any action that the arresting officer is
required or authorized to take by section 4511.191 of the Revised
Code or by any other provision of law, shall seize the vehicle
that the person was operating at the time of the alleged offense
and its license plates. Except as otherwise
provided in this division, the officer shall seize the vehicle
and its license plates regardless of whether the
vehicle is registered in the name of the person who was operating
it or in the name of another person or entity. This section does not apply
to or affect any rented or leased vehicle that is being rented or
leased for a period of thirty days or less, except
that a law enforcement agency that employs a law enforcement
officer who makes an arrest of a type that is described in
division (B)(1) of this section and that involves a rented or
leased vehicle of this type shall notify, within
twenty-four hours after the officer makes the arrest, the lessor or owner of
the vehicle regarding the circumstances of the arrest and the location at
which the vehicle may be picked
up. At the time of the seizure of the vehicle, the law
enforcement officer who made the arrest shall give the vehicle
operator written notice that the vehicle and its
license plates have been seized; that the vehicle either will be
kept by the officer's law enforcement agency or will be
immobilized at least until the operator's initial appearance on
the charge of the offense for which the arrest was made; that, at
the initial appearance, the court in certain circumstances may
order that the vehicle and license plates be released
to the vehicle owner until the disposition of that charge; that,
if the vehicle operator is convicted of that charge, the court
generally must order the immobilization of the vehicle and the
impoundment of its license plates, or the forfeiture of the
vehicle; and that, if the operator is not the vehicle owner, the
operator immediately should inform the vehicle owner that the
vehicle and its license plates have been seized and that the vehicle
owner may
be able to obtain their return or release at the initial
appearance or thereafter. (2) The arresting officer or a law enforcement officer of the agency
that employs the arresting officer shall give written notice of the seizure to
the court that will conduct the initial appearance of the vehicle
operator. The notice shall be given when the
charges are filed against the
vehicle operator. Upon receipt of the notice, the court promptly
shall determine whether the vehicle operator is the vehicle owner
and whether there are any liens recorded on the certificate of title to the
vehicle. If the court determines that the vehicle operator is not the
vehicle owner, it promptly shall send by regular mail written
notice of the seizure of the motor vehicle to the vehicle owner and to all
lienholders recorded on the certificate of title. The written notice to the
vehicle owner and lienholders shall contain all of the information required by
division (B)(1) of this section to be in a notice to be given to
the vehicle operator and also shall specify the date, time, and
place of the vehicle operator's initial appearance.
The notice also shall inform the vehicle owner that if title to a motor
vehicle that is subject to an order for criminal forfeiture
under this section is assigned or transferred and division
(C)(2) or (3) of section
4503.234 of the Revised
Code applies, the court may
fine the vehicle operator the value of the vehicle.
The notice to the vehicle
owner
also shall state that if the vehicle is immobilized under
division (A) of section 4503.233 of the Revised
Code, seven days after the end of the period of immobilization a law
enforcement agency will
send the vehicle owner a notice, informing the vehicle owner
that if the release of the vehicle is not obtained in accordance with division
(D)(3) of section 4503.233 of the Revised
Code, the vehicle shall be
forfeited. The notice also shall inform the vehicle owner that
the vehicle owner may be charged expenses or charges incurred
under this section and section 4503.233 of the
Revised Code for the removal and storage of the vehicle. The written notice that is given to the vehicle operator or is sent or
delivered to the vehicle owner if the vehicle owner is not the vehicle
operator also shall state that if the vehicle operator pleads guilty to or is
convicted of the offense for which the vehicle operator was arrested and the
court issues an immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits the vehicle
from being sold
during the period of immobilization without the prior approval of the court. Any such notice also shall state that if title to a motor vehicle that is
subject to an order for criminal forfeiture under this section is assigned or
transferred and division (C)(2) or (3) of section 4503.234 of the Revised Code
applies, the court may fine the offender the value of the vehicle.
(3) At or before the initial appearance, the vehicle
owner may file a motion requesting the court to order that the
vehicle and its license plates be released to the vehicle owner. Except as
provided in this division and subject to the payment
of expenses or charges incurred in the removal and storage of
the vehicle, the court, in its discretion, then may issue an
order releasing the vehicle and its license plates to the
vehicle owner. Such an order may be conditioned upon such terms
as the court determines appropriate, including the posting of a
bond in an amount determined by the court. If the vehicle
operator is not the vehicle owner and if the vehicle owner is
not present at the vehicle operator's initial appearance, and if
the court believes that the vehicle owner was not provided with
adequate notice of the initial appearance, the court, in its
discretion, may allow the vehicle owner to file a motion within
seven days of the initial appearance. If the court allows the
vehicle owner to file such a motion after the initial
appearance, the extension of time granted by the court does not
extend the time within which the initial appearance is to be
conducted. If the court issues an order for the release of the
vehicle and its license plates, a copy of the order shall be
made available to the vehicle owner. If the vehicle owner
presents a copy of the order to the law enforcement agency that
employs the law enforcement officer who arrested the person who
was operating the vehicle, the law enforcement agency promptly
shall release the vehicle and its license plates to the vehicle
owner upon payment by the vehicle owner of any expenses or
charges incurred in the removal and storage of the vehicle. (4) A vehicle seized under division (B)(1) of this section
either shall be towed to a place specified by the law enforcement
agency that employs the arresting officer to be safely kept by
the agency at that place for the time and in the manner specified
in this section or shall be otherwise immobilized for the time and in the
manner specified in this section. A law enforcement officer of
that agency shall remove the identification license plates of the
vehicle, and they shall be safely kept by the agency for the time
and in the manner specified in this section. No vehicle that is
seized and either towed or immobilized pursuant to this division
shall be considered contraband for purposes of section 2933.41,
2933.42, or 2933.43 of the Revised Code. The vehicle shall not
be immobilized at any place other than a commercially operated
private storage lot, a place owned by a law enforcement agency or other
government agency, or a place to which one of the following
applies: (a) The place is leased by or otherwise under the control
of a law enforcement agency or other government agency. (b) The place is owned by the vehicle operator, the
vehicle operator's spouse, or a parent or child of the vehicle
operator. (c) The place is owned by a private person or entity, and,
prior to the immobilization, the private entity or person that
owns the place, or the authorized agent of that private entity or
person, has given express written consent for the immobilization
to be carried out at that place. (d) The place is a street or highway on which the
vehicle is parked in accordance with the law. (C)(1) A vehicle that is seized under division
(B) of this section shall be safely kept at the place to which it
is towed or otherwise moved by the law enforcement agency that employs the
arresting
officer until the initial appearance of the vehicle operator
relative to the charge in question. The license
plates of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle
operator relative to the charge in question. (2)(a) At the initial appearance or not less than seven days prior to the
date of final disposition, the court shall notify the
vehicle operator, if the vehicle operator is the vehicle owner,
that if title to a motor vehicle that is subject to an order for
criminal forfeiture under this section is assigned or
transferred and division (C)(2)
or (3) of section 4503.234 of the
Revised
Code applies, the court may
fine the vehicle operator the value of the vehicle.
If, at the initial appearance, the vehicle operator pleads guilty to
the
violation of division (A) of section 4511.19
of the Revised Code or of the municipal OMVI ordinance or pleads
no contest to and is convicted of the violation, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance; the court, except as provided in this division and
subject to section 4503.235 of the Revised Code, shall order the
immobilization of the vehicle and the impoundment of its
license plates under section 4503.233 and section
4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable; and the vehicle and its license plates
shall not be returned or released to the vehicle owner. If the vehicle
operator is not the vehicle owner and the vehicle owner is not present at the
vehicle operator's initial
appearance and if the court believes that the vehicle owner was
not provided adequate notice of the initial appearance, the
court, in its discretion, may refrain for a period of
time not exceeding seven days from ordering the immobilization of the
vehicle and the impoundment of its license plates, or the criminal forfeiture
of the vehicle so that the vehicle owner may appear
before the court to present
evidence as to why the court should not order the immobilization
of the vehicle and the impoundment of its license plates, or the
criminal forfeiture of the vehicle.
If the court
refrains from ordering the immobilization of the vehicle and the
impoundment of its license plates, or the criminal forfeiture of the vehicle,
section 4503.235 of the Revised Code
applies relative to the order of immobilization and impoundment,
or the order of forfeiture. (b) If, at any time, the charge that the
vehicle operator violated division (A) of section 4511.19 of the
Revised Code or the municipal OMVI ordinance is dismissed for any
reason, the court shall order that the vehicle seized at the time
of the arrest and its license plates immediately
be released to the vehicle owner subject to the payment of
expenses or charges incurred in the removal and
storage of the vehicle. (D) If a vehicle is seized under division (B) of this section
and is not returned or released to the vehicle
owner pursuant to division (C) of this section,
the vehicle or its license plates shall be retained until the final
disposition of the charge in
question. Upon the final disposition of that charge, the court
shall do whichever of the following is applicable: (1) If the vehicle operator is convicted of or pleads
guilty to the violation of division (A) of section 4511.19 of the
Revised Code or of the municipal OMVI ordinance, the court shall
impose sentence upon the vehicle operator as provided by law or
ordinance and, subject to section 4503.235 of the Revised Code,
shall order the immobilization of the vehicle the vehicle operator was
operating at the time of, or that was involved in, the offense and the
impoundment
of its license plates under section 4503.233 and
section 4511.193 or 4511.99 of the Revised Code, or the criminal
forfeiture of the vehicle under section 4503.234 and
section 4511.193 or 4511.99 of the Revised Code, whichever is
applicable. (2) If the vehicle operator is found not guilty of the
violation of division (A) of section 4511.19 of the Revised Code
or of the municipal OMVI ordinance, the court shall order that
the vehicle and its license plates immediately be
released to the vehicle owner upon the payment of any
expenses or charges incurred in its removal and
storage. (3) If the charge that the vehicle operator violated
division (A) of section 4511.19 of the Revised Code or the
municipal OMVI ordinance is dismissed for any reason, the court
shall order that the vehicle and its license
plates immediately be released to the vehicle owner
upon the payment of any expenses or charges
incurred in its removal and storage. (E) If a vehicle is seized under division (B) of this
section, the time between the seizure of the vehicle and either
its release to the vehicle owner under division (C)
of this section or the issuance of an order of
immobilization of the vehicle under section 4503.233 of
the Revised Code shall be credited against the period of
immobilization ordered by the court. (F)(1) The vehicle owner may be charged expenses or charges
incurred in the removal and storage of the immobilized vehicle.
The court with jurisdiction over the case, after notice to all
interested parties, including lienholders, and after an
opportunity for them to be heard, if the vehicle owner fails to
appear in person, without good cause, or if the court finds that
the vehicle owner does not intend to seek release of the vehicle
at the end of the period of immobilization under section 4503.233
of the Revised Code or that the vehicle owner is not or will not
be able to pay the expenses and charges incurred in its removal
and storage, may order that title to the vehicle be transferred,
in order of priority, first into the name of the person or entity
that removed it, next into the name of a lienholder, or lastly
into the name of the owner of the place of storage. Any lienholder that receives title under a court
order shall do so on the condition that it pay any expenses or
charges incurred in the vehicle's removal and
storage. If the person or entity that receives title to the vehicle
is the person or entity that removed it, the person or entity
shall receive title on the condition that it pay any lien on the
vehicle. The court
shall not order that title be transferred to any person or entity
other than the owner of the place of storage if the person or
entity refuses to receive the title. Any person or entity that
receives title either may keep title to the vehicle or may
dispose of the vehicle in any legal manner that it considers
appropriate, including assignment of the certificate of title to
the motor vehicle to a salvage dealer or a scrap metal processing
facility. The person or entity shall not
transfer the vehicle to the person who is the
vehicle's immediate previous
owner. If the person or entity assigns the motor vehicle to a
salvage dealer or scrap metal processing facility, the person or
entity shall send the assigned certificate of title to the motor
vehicle 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 person or entity shall mark the face of the
certificate of title with the words "for
destruction" and shall deliver a photocopy of
the certificate of title to the salvage dealer or scrap metal
processing facility for its records. (2) Whenever a court issues an order under division (F)(1)
of this section, the court also shall order removal of the license plates
from the vehicle and cause them to be sent to the registrar of motor
vehicles if they have not already been sent to the registrar.
Thereafter, no further proceedings shall take place under this section or
under section 4503.233 of the Revised Code. (3) Prior to initiating a proceeding under division (F)(1) of this
section, and upon payment of the fee under division (B) of
section 4505.14 of the Revised Code, any interested party may
cause a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall provide notice
to the vehicle owner, the defendant, any lienholder, and any
other interested parties listed by the initiating party, at the
last known address supplied by the initiating party, by certified
mail or, at the option of the initiating party, by personal
service or ordinary mail. 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. (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 a person other than 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, or 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: (1)(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;
(2)(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 motor
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. 4517.03. (A) A place of business that is used for
selling, displaying, offering for sale, or dealing in motor
vehicles shall be considered as used exclusively for those
purposes even though snowmobiles, all-purpose vehicles, or farm
machinery is sold or displayed there, or if repair, accessory,
gasoline and oil, storage, parts, service, or paint
departments
are maintained there, or such products or services are provided
there, if the departments are operated or
the products or
services are provided for the business of 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 selling, displaying, offering for
sale, or dealing in motor vehicles.
A place of business shall be considered as used
exclusively for selling, displaying, offering for sale, or
dealing in motor vehicles even though a business owned by a
motor vehicle leasing dealer as defined in
section 4517.01 of the
Revised
Code or a motor vehicle renting
dealer as defined in
section 4549.65 of
the Revised
Code is located at the place of
business. (B) No new motor vehicle dealer shall sell, display, offer
for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles and has space, under roof, for the display of at
least one new motor vehicle and facilities and space therewith
for the inspection, servicing, and repair of at least one motor
vehicle; except that a new motor vehicle dealer selling
manufactured homes is exempt from the requirement that a
place of business have space, under roof, for the display of at least
one new motor vehicle and facilities and space therewith for the
inspection, servicing, and repair of at least one motor vehicle. Nothing contained in Chapter 4517. of the Revised Code
shall be construed as prohibiting the sale of a manufactured home
located in a manufactured home park by a licensed motor vehicle
dealer who is the owner of the manufactured home park. (C) No used motor vehicle dealer shall sell, display,
offer for sale, or deal in motor vehicles at any place except an
established place of business that is used exclusively for the
purpose of selling, displaying, offering for sale, or dealing in
motor vehicles. (D) No motor vehicle leasing dealer shall make a motor
vehicle available for use by another, in the manner described in
division (M) of section 4517.01 of the Revised Code, at any place
except an established place of business that is used for leasing
motor vehicles; except that a motor vehicle leasing dealer who is
also a new motor vehicle dealer or used motor vehicle dealer may
lease motor vehicles at the same place of business at which the dealer sells,
offers for sale, or deals in new or used motor vehicles. (E) No motor vehicle leasing dealer or motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code
shall sell a motor vehicle within ninety days after a certificate
of title to the motor vehicle is issued to the dealer, except
when a salvage certificate of title is issued to replace the
original certificate of title and except when a motor vehicle leasing
dealer sells a motor vehicle to another motor vehicle leasing dealer at the
end of a sublease pursuant to that sublease. (F) No distributor shall distribute new motor vehicles to
new motor vehicle dealers at any place except an established
place of business that is used exclusively for the purpose of
distributing new motor vehicles to new motor vehicle dealers;
except that a distributor who is also a new motor vehicle dealer
may distribute new motor vehicles at the same place of business
at which the distributor sells, displays, offers for sale, or deals
in new
motor vehicles. (G) No person, firm, or corporation that sells, displays,
or offers for sale tent-type fold-out camping trailers is subject
to the requirement that the person's, firm's, or corporation's
place of business be used exclusively
for the purpose of selling, displaying, offering for sale, or
dealing in motor vehicles. No person, firm, or
corporation that sells, displays, or offers for sale tent-type fold-out
camping trailers, trailers, or semitrailers is subject to the requirement
that the person's, firm's, or corporation's place
of business have space, under roof, for the display of at least
one new motor vehicle and facilities and space therewith for the
inspection, servicing, and repair of at least one motor vehicle. (H) No manufactured home broker shall engage in the business of brokering
manufactured homes at any place except an established place of business that
is used exclusively for the purpose of brokering manufactured homes. (I) Nothing in this section shall be construed to prohibit
persons licensed under this chapter from making sales calls. SECTION 2 . That existing sections 109.71, 3937.41, 4503.181, 4505.04, 4505.06,
4506.01,
4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 4507.52, 4509.01,
4511.091, 4511.195, 4517.01, and 4517.03 of the Revised Code are hereby
repealed.
SECTION 3 . In fiscal year 1999, the Director of Budget and
Management may transfer $70,000 from the Population Protection
Planning Fund (Fund 344), $72,000 from the Radiological
Protection Planning Fund (Fund 345), and $15,000 from the
Survival Crisis Management Fund (Fund 346), into the Highway
Safety Federal Reimbursement Fund (Fund 831), in order to repay
previous transfers made for seed money purposes. Any remaining
amounts in funds 344, 345, and 346 may be transferred by the
Director of Budget and Management to the Emergency Management
Assistance and Training Fund (Fund 339).
SECTION 4 . That section 4507.13 of the Revised Code, as amended
by Am. Sub. S.B. 35 of the 122nd General Assembly, be amended to
read as follows:
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver. Every driver's license shall bear display on it the
distinguishing
number assigned to the licensee and shall contain display the
licensee's
name, date of birth, and, except as otherwise provided in this section, the
licensee's
social security number if such number has
been assigned;
the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify the licensee's
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D)(3) of section 4507.08 of the
Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that the licensee
wishes the license to indicate that the
licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule. A license
shall display the
licensee's social security number unless the licensee specifically requests
that the licensee's social security number not be displayed on the license.
If federal law requires the licensee's social security number to be displayed
on the license, the social security number shall be displayed on the license
notwithstanding a request to not display the number pursuant to this section. The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older, except that a
driver's license issued to a person who applies no more than thirty days
before the applicant's twenty-first birthday shall have the characteristics of
a license issued to a person who is twenty-one year years of age
or older. The driver's license issued to a temporary resident shall contain the word
"nonrenewable" and shall have any additional characteristics prescribed by the
registrar distinguishing it from a license issued to a resident. Every driver's or commercial driver's license bearing displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear display the designation
"novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license. Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material. (B) Except in regard to a driver's license issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy registrar
shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older. SECTION 5 . That all existing versions of section 4507.13 of the
Revised Code are hereby repealed.
SECTION 6 . Sections 4 and 5 of this act shall take effect
January 1, 1999.
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