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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 306 |
REPRESENTATIVES CAREY-BATEMAN-THOMAS-HARRIS-DAMSCHRODER-
EVANS-SULZER-PERRY-TERWILLEGER-VERICH-PRINGLE-CLANCY-
MOTTLEY-LOGAN-VESPER-PADGETT-HEALY-BUEHRER-JONES-SULLIVAN-
HOLLISTER-ROMAN-KREBS-BUCHY-PATTON-TIBERI-SCHULER-AMSTUTZ-OPFER-
SENATOR SOELSLAGER-GARDNER-WATTS-WACHTMANN-ARMBRUSTER
A BILL
To amend sections 1547.01, 1547.052, 1548.09, 4503.31, 4517.01, and 4517.03 of
the Revised Code to provide that a
place of
business that is used for selling, displaying, offering for sale, or dealing
in motor vehicles by a licensed motor vehicle dealer shall be considered
as used exclusively for those purposes even though outdoor power equipment,
watercraft and related
products, or, in the case of a licensed new motor vehicle dealer, products
manufactured or distributed by a motor vehicle
manufacturer with which
the new motor vehicle dealer has a franchise agreement, are sold or displayed
there, to modify eligibility for
issuance of a motor vehicle placard used by persons other than manufacturers,
dealers, or distributors,
to reduce from ten to seven
years the length of time that a clerk of a court of common pleas is required
to retain watercraft certificates of title,
to create a definition of a
watercraft dealer for purposes of the Watercraft Law,
and to require a person who leases, hires, or rents a powercraft
powered by more than ten horsepower to sign a statement, rather than an
affidavit, that the
person has successfully completed an approved safe boater course
or a proficiency examination.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.01, 1547.052, 1548.09, 4503.31, 4517.01, and
4517.03 of the Revised Code be amended
to read as
follows:
Sec. 1547.01. (A) As used in sections 1541.03, 1547.25,
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the
Revised Code, "watercraft" means any of the following when used
or capable of being used for transportation on the water:
(1) A vessel operated by machinery either permanently or
temporarily affixed;
(2) A sailboat other than a sailboard;
(3) An inflatable, manually propelled boat having a hull
identification number meeting the requirements of the United
States coast guard;
(4) A canoe or rowboat.
"Watercraft" does not include ferries as referred to in
Chapter 4583. of the Revised Code.
Watercraft subject to section 1547.54 of the Revised Code
shall be divided into five classes as follows:
Class A: Less than sixteen feet in length;
Class 1: At least sixteen feet, but less than twenty-six
feet in length;
Class 2: At least twenty-six feet, but less than forty feet
in length;
Class 3: At least forty feet, but less than
sixty-five
feet in length;
Class 4: At least sixty-five feet in length.
(B) As used in this chapter:
(1) "Vessel" includes every description of watercraft,
including nondisplacement craft and seaplanes, used or capable of
being used as a means of transportation on water.
(2) "Rowboat" means any vessel designed to be rowed and
that is propelled by human muscular effort by oars or
paddles
and upon which no mechanical propulsion device, electric motor,
internal combustion engine, or sail has been affixed or is used
for the operation of the vessel.
(3) "Sailboat" means any vessel, equipped with mast and
sails, dependent upon the wind to propel it in the normal course
of operation.
(a) Any sailboat equipped with an inboard engine is deemed
a powercraft with auxiliary sail.
(b) Any sailboat equipped with a detachable motor is deemed
a sailboat with auxiliary power.
(c) Any sailboat being propelled by mechanical power,
whether under sail or not, is deemed a powercraft and subject to
all laws and rules governing powercraft operation.
(4) "Powercraft" means any vessel propelled by machinery,
fuel, rockets, or similar device.
(5) "Person" includes any legal entity defined as a person
in section 1.59 of the Revised Code and any body politic, except the
United States and this state, and includes any agent, trustee,
executor, receiver, assignee, or other representative thereof.
(6) "Owner" includes any person who claims lawful
possession of a vessel by virtue of legal title or equitable
interest therein that entitled the
person to that possession.
(7) "Operator" includes any person who navigates or has
under the person's control a vessel, or vessel and
detachable motor, on
the waters in this state.
(8) "Visible" means visible on a dark night with clear
atmosphere.
(9) "Waters in this state" means all streams, rivers,
lakes, ponds, marshes, watercourses, waterways, and other
bodies of water, natural or humanmade,
that are situated
wholly or partially within this state or within its jurisdiction
and are used for recreational boating.
(10) "Navigable waters" means waters that come under the
jurisdiction of the department of the army of the United States
and any waterways within or adjacent to this state, except inland
lakes having neither a navigable inlet nor outlet.
(11) "In operation" in reference to a vessel means that
the
vessel is being navigated or otherwise used on the waters in this
state.
(12) "Sewage" means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
waste.
(13) "Canoe" means a narrow vessel of shallow draft,
pointed at both ends and propelled by human muscular effort, and
includes kayaks.
(14) "Coast guard approved" means bearing an approval
number assigned by the United States coast guard.
(15) "Type one personal flotation device" means a device
that is designed to turn an unconscious person floating in
water
from a face downward position to a vertical or slightly face
upward position and that has at least nine
kilograms,
approximately twenty pounds, of buoyancy.
(16) "Type two personal flotation device" means a device
that is designed to turn an unconscious person in the
water from
a face downward position to a vertical or slightly face upward
position and that has at least seven kilograms,
approximately
fifteen and four-tenths pounds, of buoyancy.
(17) "Type three personal flotation device" means a device
that is designed to keep a conscious person in a vertical
or
slightly face upward position and that has at least
seven
kilograms, approximately fifteen and four-tenths pounds, of
buoyancy.
(18) "Type four personal flotation device" means a device
that is designed to be thrown to a person in the water and
not
worn and that has at least seven and
five-tenths
kilograms, approximately sixteen and five-tenths pounds, of
buoyancy.
(19) "Type five personal flotation device" means a
device
that, unlike other personal flotation devices, has limitations on
its approval by the United States coast guard, including, without
limitation, all of the following:
(a) The approval label on the type five personal flotation device
indicates that the device is approved for the activity in which the vessel is
being used or as a substitute for a personal flotation device of the type
required on the vessel in use;
(b) The personal flotation device is used in accordance with any
requirements on the approval label;
(c) The personal flotation device is used in accordance with
requirements in its owner's manual if the approval label refers to such a
manual.
(20) "Inflatable watercraft" means any vessel constructed
of rubber, canvas, or other material that is designed to
be
inflated with any gaseous substance, constructed with two or more
air cells, and operated as a vessel. Inflatable watercraft
propelled by a motor shall be classified as powercraft and shall
be registered by length.
(21) "Idle speed" means the slowest possible speed needed
to maintain steerage or maneuverability.
(22) "Diver's flag" means a red flag not less than one
foot square having a diagonal white stripe extending from the
masthead to the opposite lower corner that when displayed
indicates that divers are in the water.
(23) "Muffler" means an acoustical suppression
device or system that is designed and installed to abate the
sound of exhaust gases emitted from an internal combustion engine
and that prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law
enforcement and under the command of a law enforcement officer.
(25) "Personal watercraft" means a vessel, less than sixteen feet
in length, that is propelled by machinery and designed to be operated by an
individual sitting, standing, or kneeling on the vessel rather than by an
individual sitting or standing inside the vessel.
(26) "No wake" has the same meaning as "idle speed."
(27) "WATERCRAFT DEALER" MEANS ANY PERSON WHO IS REGULARLY
ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING, DISPLAYING, OFFERING FOR
SALE, OR DEALING IN VESSELS AT AN ESTABLISHED PLACE OF BUSINESS. "WATERCRAFT
DEALER" DOES NOT INCLUDE A PERSON WHO IS A MARINE SALVAGE DEALER OR ANY OTHER
PERSON WHO DISMANTLES, SALVAGES, OR REBUILDS VESSELS USING USED PARTS.
(C) Unless otherwise provided, this chapter applies to all
vessels operating on the waters in this state. Nothing in this
chapter shall be construed in contravention of any valid federal
act or regulation, but is in addition to the act or
regulation where not inconsistent.
The state reserves to itself the exclusive right to
regulate the minimum equipment requirements of watercraft and
vessels operated on the waters in this state.
Sec. 1547.052. (A) No rental business shall
lease, hire, or rent a powercraft powered by more than ten
horsepower for operation on the waters in this state to a person
born on or after January 1,
1982, unless the person meets one of the following
requirements:
(1) The person signs an affidavit A STATEMENT ON THE RENTAL
AGREEMENT OR ATTACHED TO THE RENTAL AGREEMENT that the person has
successfully completed a safe boater course approved by the
national association of state boating law administrators or has
successfully completed a proficiency examination as provided in
section 1547.05 of the Revised
Code.
(2) The person receives educational materials from the
rental business and successfully passes, with a score of ninety
per cent or better, an abbreviated examination given by the
rental business. The achievement of a passing score on the
examination shall be indicated on or attached to the powercraft
rental agreement.
(B) Any person born on
or after January 1, 1982,
operating or supervising the operation of a leased, hired, or
rented powercraft shall:
(1) Meet the requirements for boater education of
division (A) of this
section.
(2) Be named as an operator on the agreement that leases,
hires, or rents the powercraft.
(C) The division of
watercraft shall make available to all watercraft rental
businesses in Ohio boater
safety educational materials and an abbreviated examination that
shall be used by the watercraft rental business for the purposes
of division (A)(2) of this
section.
Sec. 1548.09. The clerk of the court of common pleas shall issue
certificates
of title in duplicate. One copy shall be retained and filed by him
THE CLERK in his THE CLERK'S office, and the information
contained in it shall be transmitted on the day it
is issued to the
chief of the division of watercraft. The clerk shall sign and affix
his THE CLERK'S seal
to the original certificate of title and, if there are no liens on the
watercraft or outboard motor, shall deliver the certificate to the applicant.
If there are one or more liens on the watercraft or outboard motor, the
clerk shall deliver the certificate of title to the holder of the first lien.
The chief shall approve a uniform method of numbering certificates of title.
The numbering shall be in such manner that the county of issuance is
indicated. Numbers shall be assigned to certificates of title in the
manner approved by the chief. The clerk shall file all certificates of
title according to policies prescribed by the chief, and the clerk
shall maintain in his THE CLERK'S office indexes for the
certificates of title.
The clerk need not retain on file any certificate of title,
duplicate certificate of title, memorandum certificate of title, or
supporting evidence thereof covering any watercraft or outboard motor for a
period longer than ten SEVEN years after the date of its filing;
thereafter, the
certificate and supporting information may
be destroyed. The clerk shall issue a duplicate title, when
duly applied for, of any title that has been destroyed as provided in this
section.
Sec. 4503.31. As used in this section, "person" includes,
but is not limited to, any person engaged in the business of
manufacturing or distributing, or selling at retail, displaying,
offering for sale, or dealing in, motorized bicycles who is not
subject to section 4503.09 of the Revised Code, or an Ohio
nonprofit corporation engaged in the business of testing of motor
vehicles.
Persons other than manufacturers, dealers, or distributors
may register annually with the registrar of motor vehicles and
obtain placards to be displayed on motor vehicles as provided by
this section. Applications for annual registration shall be made
at the time provided for payment of the tax and postage imposed on
manufacturers, dealers, or distributors and shall be in the
manner to be prescribed by the registrar. The fee for such
registration shall be twenty-five dollars and shall not be
reduced when the registration is for a part of a year.
Applicants may procure a reasonable number of certified copies of such
registration upon
the payment of a fee of five dollars and appropriate
postage as required by the registrar for each copy.
Upon the filing of the application and the payment of the
fee and postage prescribed by this section, the registrar
shall issue to each
applicant a certificate of registration and assign a distinctive
number and furnish one placard with the number thereon. With
each of the certified copies of the registration provided for in
this section the registrar shall furnish one placard with the
same numbering assigned in the original registration certificate
and shall add thereto such special designation as necessary to
distinguish one set of placards from another. All placards
furnished by the registrar pursuant to this section shall be so
marked as to be distinguishable from placards issued dealers,
manufacturers, or distributors. Placards issued pursuant to this
section may be used only on motor vehicles or motorized bicycles
owned and being used in testing or being demonstrated for
purposes of sale or lease; or on motor vehicles subject to the
rights and remedies of a secured party being exercised under
sections 1309.01 to 1309.50 of the Revised Code; or on motor
vehicles being held or transported by any insurance company for
purposes of salvage disposition; or on motor vehicles being
transported by any persons regularly engaged in salvage
operations or scrap metal processing from the point of
acquisition to their established place of business; or on motor
vehicles owned by or in the lawful possession of an Ohio
nonprofit corporation while being used in the testing of those
motor vehicles.
Placards issued pursuant to this section also may be used
by persons regularly and primarily engaged in the business of
rustproofing, reconditioning, or installing equipment or trim on
motor vehicles for motor vehicle dealers AND SHALL BE USED EXCLUSIVELY
when such motor vehicles
are being transported to or from the motor vehicle dealer's place
of business; and by persons engaged in manufacturing articles for
attachment to motor vehicles when such motor vehicles are being
transported to or from places where mechanical equipment is
attached to the chassis of such new motor vehicles; or on motor
vehicles being towed by any persons regularly and primarily
engaged in the business of towing motor vehicles while such
vehicle is being towed to a point of storage.
Placards issued pursuant to this section also may be used
on trailers being transported by persons engaged in the business
of selling tangible personal property other than motor vehicles.
No person required to register an apportionable vehicle
under the international registration plan shall apply for or
receive a placard for that vehicle under this section.
The fees collected by the registrar pursuant to this
section shall be paid into the state bureau of motor vehicles fund established
in section 4501.25 of the Revised Code and used for the purposes described in
that section.
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of
the Revised Code:
(A) "Persons" includes individuals, firms, partnerships,
associations, joint stock companies, corporations, and any
combinations of individuals.
(B) "Motor vehicle" means motor vehicle as defined in
section 4501.01 of the Revised Code and also includes "all-purpose vehicle"
and "off-highway motorcycle" as those terms are defined in section 4519.01 of
the Revised Code.
(C) "New motor vehicle" means a motor vehicle, the legal
title to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D) "Ultimate purchaser" means, with respect to any new
motor vehicle, the first person, other than a dealer purchasing
in the capacity of a dealer, who in good faith purchases
such new
motor vehicle for purposes other than resale.
(E) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either
direct or indirect.
(F) "Engaging in business" means commencing, conducting,
or continuing in business, or liquidating a business when the
liquidator thereof holds self out to be
conducting such
business; making a casual sale or otherwise making transfers in
the ordinary course of business when the transfers are made in
connection with the disposition of all or substantially all of
the transferor's assets is not engaging in business.
(G) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to an ultimate purchaser for use as
a consumer.
(H) "Retail installment contract" includes any contract in
the form of a note, chattel mortgage, conditional sales contract,
lease, agreement, or other instrument payable in one or more
installments over a period of time and arising out of the retail
sale of a motor vehicle.
(I) "Farm machinery" means all machines and tools used in
the production, harvesting, and care of farm products.
(J) "Dealer" or "motor vehicle dealer" means any new motor
vehicle dealer, any motor vehicle leasing dealer, and any used
motor vehicle dealer.
(K) "New motor vehicle dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in new motor vehicles pursuant to a contract or
agreement entered into with the manufacturer, remanufacturer, or
distributor of the motor vehicles.
(L) "Used motor vehicle dealer" means any person engaged
in the business of selling, displaying, offering for sale, or
dealing in used motor vehicles, at retail or wholesale, but does
not mean any new motor vehicle dealer selling, displaying,
offering for sale, or dealing in used motor vehicles incidentally
to engaging in the business of selling, displaying, offering for
sale, or dealing in new motor vehicles, any person engaged in the
business of dismantling, salvaging, or rebuilding motor vehicles
by means of using used parts, or any public officer performing
official duties.
(M) "Motor vehicle leasing dealer" means any person
engaged in the business of regularly making available, offering
to make available, or arranging for another person to use a motor
vehicle pursuant to a bailment, lease, sublease, or other
contractual
arrangement under which a charge is made for its use at a
periodic rate for a term of thirty days or more, and title to the
motor vehicle is in and remains in the motor
vehicle leasing dealer who originally leases it, irrespective of whether or
not the motor vehicle is the subject of a later sublease, and not in the
user, but does not
mean a manufacturer or its affiliate leasing to its employees or
to dealers.
(N) "Salesperson" means any person employed by a dealer or manufactured
home broker to sell, display, and offer for sale, or deal in motor
vehicles for
a commission, compensation, or other valuable consideration, but
does not mean any public officer performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by
a person other than a new motor vehicle dealer, used motor
vehicle dealer, motor vehicle salvage dealer, as defined in
division (A) of section 4738.01 of the Revised Code, salesperson,
motor vehicle auction owner, manufacturer, or distributor acting
in the capacity of a dealer, salesperson, auction owner,
manufacturer, or distributor, to a person who purchases the motor
vehicle for use as a consumer.
(P) "Motor vehicle show" means a display of current models
of motor vehicles whereby the primary purpose is the exhibition
of competitive makes and models in order to provide the general
public the opportunity to review and inspect various makes and
models of motor vehicles at a single location.
(Q) "Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles.
(R) "Manufacturer" means a person who manufactures,
assembles, or imports motor vehicles, including motor homes, but
does not mean a person who only assembles or installs a body,
special equipment unit, finishing trim, or accessories on a motor
vehicle chassis supplied by a manufacturer or distributor.
(S) "Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and which is subject to the
following properties and limitations:
(1) A minimum of twenty-five per cent of the fold-out
portion of the top and sidewalls combined must be constructed of
canvas, vinyl, or other fabric, and form an integral part of the
shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and
tongue;
(b) Sixty inches in height from the point of contact with
the ground;
(c) Eight feet in width;
(d) One ton gross weight at time of sale.
(T) "Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
new motor vehicle dealers, but does not mean a person who only
assembles or installs a body, special equipment unit, finishing
trim, or accessories on a motor vehicle chassis supplied by a
manufacturer or distributor.
(U) "Flea market" means a market place, other than a
dealer's location licensed under this chapter, where a space or
location is provided for a fee or compensation to a seller to
exhibit and offer for sale or trade, motor vehicles to the
general public.
(V) "Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any motor vehicle dealer,
which purports to fix the legal rights and liabilities of the
parties to such agreement, contract, or understanding.
(W) "Franchisee" means a person who receives new motor
vehicles from the franchisor under a franchise agreement and who
offers, sells, and provides service for such new motor vehicles
to the general public.
(X) "Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles
under a franchise agreement to a franchisee.
(Y) "Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of
new motor vehicle dealers.
(Z) "Factory representative" means a representative
employed by a manufacturer, remanufacturer, or by a factory
branch primarily for the purpose of promoting the sale of its
motor vehicles, parts, or accessories to dealers or for
supervising or contacting its dealers or prospective dealers.
(AA) "Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(BB) "Good faith" means honesty in the conduct or
transaction concerned and the observance of reasonable commercial
standards of fair dealing in the trade as is defined in division
(S) of section 1301.01 of the Revised Code, including, but not
limited to, the duty to act in a fair and equitable manner so as
to guarantee freedom from coercion, intimidation, or threats of
coercion or intimidation; provided however, that recommendation,
endorsement, exposition, persuasion, urging, or argument shall
not be considered to constitute a lack of good faith.
(CC) "Coerce" means to compel or attempt to compel by
failing to act in good faith or by threat of economic harm,
breach of contract, or other adverse consequences. Coerce does
not mean to argue, urge, recommend, or persuade.
(DD) "Relevant market area" means any area within a radius
of ten miles from the site of a potential new dealership, except
that for manufactured home or recreational vehicle dealerships
the radius shall be twenty-five miles.
(EE) "Wholesale" or "at wholesale" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to a transferee for the purpose of
resale and not for ultimate consumption by that transferee.
(FF) "Motor vehicle wholesaler" means any person licensed as a dealer
under the laws of another state and engaged
in the business of selling, displaying, or offering for sale used
motor vehicles, at wholesale, but does not mean any motor vehicle
dealer as defined in this section.
(GG)(1) "Remanufacturer" means a person who assembles or
installs passenger seating, walls, a roof elevation, or a body
extension on a conversion van with the motor vehicle chassis supplied by a
manufacturer
or distributor, a person who modifies a truck chassis supplied by a
manufacturer or distributor for use as a public safety or public service
vehicle, a person who modifies a motor vehicle chassis supplied
by a manufacturer or distributor for use as a limousine or hearse,
or a person who modifies an incomplete motor vehicle cab
and chassis supplied by a new motor vehicle dealer or
distributor for use as a tow truck,
but does not mean either of the following:
(a) A person who assembles or installs passenger seating,
walls, a roof elevation, or a body extension on a manufactured
home as defined in division (C)(4) of section 3781.06 of the
Revised Code, a mobile home as defined in division (O)
and referred to in division (B)
of section 4501.01 of the Revised Code, or a recreational vehicle
as defined in division (Q) and referred to in division (B) of
section 4501.01 of the Revised Code;
(b) A person who assembles or installs special equipment
or accessories for handicapped persons, as defined in section
4503.44 of the Revised Code, upon a motor vehicle chassis
supplied by a manufacturer or distributor.
(2) For the purposes of division (GG)(1) of this section,
"public safety
vehicle or public service vehicle" means a fire truck, ambulance, school bus,
street sweeper, garbage packing truck, or cement mixer, or a mobile
self-contained facility vehicle.
(3) For the purposes of division (GG)(1) of this section,
"limousine" means a motor vehicle, designed only for the purpose
of carrying nine or fewer passengers, that a person modifies by
cutting the original chassis, lengthening the wheelbase by forty
inches or more, and reinforcing the chassis in such a way
that all modifications comply with all applicable federal motor
vehicle safety standards. No person shall qualify as or be deemed
to be a remanufacturer who produces limousines unless the person
has a written agreement with the manufacturer of the chassis the
person utilizes to produce the limousines to complete properly
the remanufacture of the chassis into limousines.
(4) For the purposes of division (GG)(1) of this section, "hearse"
means a motor vehicle, designed only for the purpose of
transporting a single casket, that is equipped with a compartment
designed specifically to carry a single casket that a person
modifies by cutting the original chassis, lengthening the
wheelbase by ten inches or more, and reinforcing the chassis in
such a way that all modifications comply with all applicable
federal motor vehicle safety standards. No person shall qualify as
or be deemed to be a remanufacturer who produces hearses unless
the person has a written agreement with the manufacturer of the
chassis the person utilizes to produce the hearses to complete
properly the remanufacture of the chassis into hearses.
(5) For the purposes of division (GG)(1) of this section, "mobile
self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,
testing laboratory, and mobile display vehicle, each of which is
designed for purposes other than for passenger transportation
and other than the transportation or displacement of cargo,
freight, materials, or merchandise. A vehicle is remanufactured
into a mobile self-contained facility vehicle in part by the
addition of insulation to the body shell, and installation of
all of the following: a generator, electrical wiring, plumbing,
holding tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems.
(6) For the purposes of division (GG)(1) of
this section, "tow truck" means both of the following:
(a) An incomplete cab
and chassis that are purchased by a remanufacturer from a new
motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
wrecker body it purchases from a manufacturer or distributor of
wrecker bodies, installs an emergency flashing light pylon and
emergency lights upon the mast of the wrecker body or rooftop,
and installs such other related accessories and equipment,
including push bumpers, front grille guards with pads and other
custom-ordered items such as painting, special lettering, and
safety striping so as to create a complete motor vehicle capable
of lifting and towing another motor vehicle.
(b) An incomplete cab
and chassis that are purchased by a remanufacturer from a new
motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
car carrier body it purchases from a manufacturer or distributor
of car carrier bodies, installs an emergency flashing light
pylon and emergency lights upon the rooftop, and installs such
other related accessories and equipment, including push bumpers,
front grille guards with pads and other custom-ordered items
such as painting, special lettering, and safety striping.
As used in division (G)(6)(b)
of this section, "car carrier body" means a mechanical or
hydraulic apparatus capable of lifting and holding a motor
vehicle on a flat level surface so that one or more 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.
(JJ) "OUTDOOR POWER EQUIPMENT" MEANS GARDEN AND SMALL UTILITY
TRACTORS, WALK-BEHIND AND RIDING MOWERS, CHAINSAWS, AND TILLERS.
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, OUTDOOR POWER EQUIPMENT, WATERCRAFT AND RELATED
PRODUCTS, OR PRODUCTS
MANUFACTURED OR DISTRIBUTED BY A MOTOR VEHICLE MANUFACTURER WITH WHICH THE
MOTOR VEHICLE
DEALER HAS A FRANCHISE AGREEMENT ARE 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. The place of business shall 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; except that a new motor vehicle dealer selling
manufactured or mobile 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 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 place
of business have space, under roof, for the display of at least
one new motor vehicle and facilities and space for the
inspection, servicing, and repair of at least one motor vehicle.
(H) No manufactured or mobile 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.
(J) AS USED IN THIS SECTION:
(1) "MOTOR VEHICLE LEASING DEALER" HAS THE SAME MEANING AS IN SECTION
4517.01 of the Revised Code.
(2) "MOTOR VEHICLE RENTING DEALER" HAS THE SAME MEANING AS IN SECTION
4549.65 of the Revised Code.
(3) "WATERCRAFT" HAS THE SAME MEANING AS IN SECTION 1547.01 of the Revised Code.
Section 2. That existing sections 1547.01, 1547.052, 1548.09, 4503.31,
4517.01, and 4517.03 of the Revised Code are
hereby
repealed.
Section 3. Section 1547.052 of the Revised Code, as amended by this act, shall
take effect on January 1, 2000.
Section 4. Section 4517.01 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 611 and Am. Sub. S.B. 142 of the 122nd General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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