The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 242 |
SENATORS OELSLAGER-CARNES-SPADA-MUMPER-CUPP-DRAKE-ARMBRUSTER-
HORN-McLIN-MALLORY-
REPRESENTATIVES CLANCY-METTLER-DAMSCHRODER-
PERRY-OLMAN-PATTON-AMSTUTZ-SCHULER-TERWILLEGER-BUEHRER-FLANNERY-
EVANS-STEVENS-D. MILLER-REDFERN-BARNES-VERICH-MOTTLEY-PETERSON-
HARRIS-CALVERT-TRAKAS-ROBINSON-VAN VYVEN-GRENDELL-HOUSEHOLDER-
JAMES-HARTNETT-GERBERRY-J. BEATTY-CATES-O'BRIEN-MYERS-BRITTON-
NETZLEY-METZGER-KREBS-BARRETT-WIDENER
A BILL
To amend sections 1547.01, 1547.54, 4501.01, 4503.10, 4503.102, and 4503.20 of
the Revised Code
to permit the renewal of motor vehicle and watercraft registrations by
electronic means.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.01, 1547.54, 4501.01, 4503.10, 4503.102, and
4503.20 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.
(28) "ELECTRONIC" INCLUDES ELECTRICAL, DIGITAL, MAGNETIC,
OPTICAL, ELECTROMAGNETIC, OR ANY OTHER FORM OF TECHNOLOGY THAT ENTAILS
CAPABILITIES SIMILAR TO THESE TECHNOLOGIES.
(29) "ELECTRONIC RECORD" MEANS A RECORD GENERATED, COMMUNICATED,
RECEIVED, OR STORED BY ELECTRONIC MEANS FOR USE IN AN INFORMATION SYSTEM OR
FOR TRANSMISSION FROM ONE INFORMATION SYSTEM TO ANOTHER.
(30) "ELECTRONIC SIGNATURE" MEANS A SIGNATURE IN ELECTRONIC FORM
ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD.
(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. 1547.54. (A)(1) The owner of every watercraft requiring
registration under this chapter shall file an application for a
triennial registration certificate with the chief of the division of
watercraft on forms that shall be provided by the chief OR BY AN ELECTRONIC
MEANS APPROVED BY THE CHIEF. The
application shall be signed by the following:
(a) If the watercraft is owned by two persons under joint ownership with
right of survivorship established under section 2106.17 of the Revised Code,
by both of those persons as owners of the watercraft;. THE
SIGNATURES MAY BE DONE BY ELECTRONIC SIGNATURE IF THE OWNERS THEMSELVES ARE
RENEWING THE REGISTRATION AND THERE ARE NO CHANGES IN THE REGISTRATION
INFORMATION SINCE THE ISSUANCE OF THE IMMEDIATELY PRECEDING REGISTRATION
CERTIFICATE. IN ALL OTHER INSTANCES, THE SIGNATURES MUST BE DONE MANUALLY.
(b) If the watercraft is owned by a minor, by the minor and a parent or legal
guardian;. THE SIGNATURES MAY BE DONE BY ELECTRONIC
SIGNATURE IF THE PARENT OR LEGAL GUARDIAN AND THE MINOR THEMSELVES ARE
RENEWING THE REGISTRATION AND THERE ARE NO CHANGES IN THE REGISTRATION
INFORMATION SINCE THE ISSUANCE OF THE IMMEDIATELY PRECEDING REGISTRATION
CERTIFICATE. IN ALL OTHER INSTANCES, THE SIGNATURES MUST BE DONE MANUALLY.
(c) In all other cases, by the owner of the watercraft. THE
SIGNATURE MAY BE DONE BY ELECTRONIC SIGNATURE IF THE OWNER HIM OR HERSELF IS
RENEWING THE REGISTRATION AND THERE ARE NO CHANGES IN THE REGISTRATION
INFORMATION SINCE THE ISSUANCE OF THE IMMEDIATELY PRECEDING REGISTRATION
CERTIFICATE. IN ALL OTHER INSTANCES, THE SIGNATURES MUST BE DONE MANUALLY.
(2) An application for a triennial registration of a watercraft filed
under division
(A)(1) of this section shall be accompanied by the following
fee:
(a) For canoes, kayaks, rowboats, and inflatable watercraft,
twelve
dollars;
(b) For class A watercraft, including motorized canoes,
thirty
dollars;
(c) For class 1 watercraft, forty-five dollars;
(d) For class 2 watercraft, sixty dollars;
(e) For class 3 watercraft, seventy-five dollars;
(f) For class 4 watercraft, ninety dollars.
(3) For the purpose of registration, any watercraft operated by
means of power, sail, or any other mechanical or electrical means
of propulsion, except motorized canoes, shall be
registered by length as prescribed in this
section.
(4) If an application for registration is filed by two persons
as owners
under division (A)(1)(a) of this section, the person who is
listed first on
the title shall serve as and perform the duties of the "owner"
and shall be
considered the person "in whose name the watercraft is
registered" for
purposes of divisions (B) to (P)(Q) of this section and for
purposes
of all other
sections in this chapter.
(B) All registration certificates are valid for three years and are
renewable on a
triennial basis unless sooner terminated or discontinued in
accordance with this chapter. The renewal date shall be printed
on the registration certificate. A registration certificate may
be renewed by the owner in the manner prescribed by the chief. All fees shall
be charged according to a proration of the time
remaining in the registration cycle to the nearest year.
(C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional fee of
three dollars for any registration certificate
the chief or authorized agent issues.
When the registration
certificate is issued by an authorized
agent, the additional fee of three dollars shall be retained by the issuing
agent. When the registration
certificate is issued by the chief, the additional fee of three
dollars shall be deposited to the credit of the waterways safety
fund established in section 1547.75 of the Revised Code.
(D) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division, assign a number to the watercraft if a number is
required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is
assigned by the chief, it shall be set forth on the certificate.
The registration certificate shall be on the watercraft for which
it is issued and available at all times for inspection whenever
the watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times.
(E) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a certificate of title under Chapter 1548.
of the Revised Code except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current documentation by the United States coast guard,
a renewal registration form provided by the division of
watercraft, or a certificate of registration issued under this
section that has expired if there is no change in the ownership or description
of the watercraft.
(F) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration certificate
shall be issued. The application shall be signed MANUALLY by the
person or persons
specified in division (A)(1)(a) to (c) of this section and shall be
accompanied by a
two-dollar transfer fee. Any remaining time on the registration
shall be transferred. An authorized agent of the chief shall
charge an additional fee of three dollars, which shall be
retained by the issuing agent. If the certificate is issued
by the chief, an additional fee of three dollars for each
certificate issued shall be collected.
(G) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system.
(H) The chief may assign any registration certificates to
any authorized agent for the assignment thereof. If a person
accepts that authorization, the person may be assigned a
block of numbers
and certificates therefor that upon assignment, in
conformity
with this chapter and Chapter 1548. of the Revised Code and with
rules of the division, shall be valid as if assigned
directly by the division. Any person so designated as an agent
by the chief shall post with the division security as may be
required by the director of natural resources. The chief may
issue an order temporarily or permanently restricting or
suspending an agent's authorization without a hearing if the
chief finds
that the agent has violated this chapter or Chapter 1548. of the
Revised Code, rules adopted under them, or any agreements
prescribed
by the chief.
(I) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division.
(J) The owner shall furnish the division notice within
fifteen days of the following:
(1) The transfer, other than through the creation of a security interest in
any watercraft, of all or any part of the owner's interest
or, if the watercraft is
owned by two persons under joint ownership with right of survivorship
established under section 2106.17 of the Revised Code, of all or any part of
the joint interest of either of the two persons. The transfer shall not
terminate the registration certificate.
(2) Any change in the address appearing on the
certificate and, as a part of the notification,
shall furnish
the chief with the owner's new address;
(3) The destruction or abandonment of the watercraft.
(K) The chief may issue duplicate registration
certificates or duplicate tags to owners of currently registered
watercraft, the fee for which shall be four dollars.
(L) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge.
(M) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)
of this section unless the exact month, day, and year of issue
are plainly written thereon by the agent. Certificates issued
with incorrect dates of issue are void from the time they are
issued.
(N) THE CHIEF, IN ACCORDANCE WITH CHAPTER 119. of the Revised Code, SHALL ADOPT
RULES GOVERNING THE RENEWAL OF WATERCRAFT REGISTRATIONS BY ELECTRONIC MEANS.
(O) As used in this section:
(1) "Disabled veteran" means a person who is
included in either
of the following categories:
(a) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;
(b) Has a service-connected disability rated at one
hundred per cent by the veterans administration.
(2) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France,
Australia, Belgium, Brazil, Canada, China, Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland, South Africa, or the republics
formerly associated with the Union of Soviet
Socialist Republics or
Yugoslavia who was a citizen of the United States at the time of
the appointment, enrollment, or enlistment, and was captured,
separated, and incarcerated by an enemy of this country during
World War II.
(O)(P) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate of
registration, without the payment of any fee required by
this section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary evidence
in
support of a congressional medal of honor that the chief
requires
by rule. The application for a certificate of
registration by any
person who has been a prisoner of war shall be accompanied by
written evidence in the form of a record of separation, a letter
from one of the armed forces of a country listed in division
(N)(O)(2) of this section, or other evidence that the chief
may
require by rule, that the person was honorably discharged or is
currently residing in this state on active duty with
one of the
branches of the armed forces of the United States, or was a
prisoner of war and was honorably discharged or received an
equivalent discharge or release from one of the armed forces of a
country listed in division (N)(O)(2) of this section.
(P)(Q) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division (O)(P)
of this section and shall certify the total amount of foregone revenue
to the director of budget and management for reimbursement. The
director of budget and management shall transfer the
amount certified from the general revenue fund to the waterways
safety fund created pursuant to section 1547.75 of the Revised
Code.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the
Revised Code, and in the penal laws, except as otherwise
provided:
(A) "Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean vehicles that are operated
exclusively on rails or tracks or from overhead electric trolley
wires and vehicles that belong to any police department, municipal
fire department, or volunteer fire department, or that are used by such
a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including
mobile homes and recreational vehicles, that is
propelled or drawn
by power other than muscular power or power collected from
overhead electric trolley wires. "Motor
vehicle" does not include motorized bicycles, road
rollers, traction engines, power shovels, power cranes, and other
equipment used in construction work and not designed for or
employed in general highway transportation, well-drilling
machinery, ditch-digging machinery, farm machinery, trailers that are used
to transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed of
twenty-five miles per hour or less, threshing machinery,
hay-baling machinery, corn sheller, hammermill and agricultural
tractors, machinery used in the production of horticultural,
agricultural, and vegetable products, and trailers that are designed and
used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
public road or highway for a distance of no more than ten miles
and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and either is designed or used for drawing other motor vehicles, or is
designed or
used for drawing another motor vehicle while carrying a portion
of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and
used for carrying not more than nine persons and includes any motor
vehicle that is designed and used for carrying not more than fifteen
persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special interest,
that has a fair market value of one hundred dollars or more,
whether operable or not, and that is owned, operated, collected,
preserved, restored, maintained, or used essentially as a
collector's item, leisure pursuit, or investment, but not as the
owner's principal means of transportation. "Licensed collector's
vehicle" means a collector's vehicle, other than an agricultural
tractor or traction engine, that displays current, valid license
tags issued under section 4503.45 of the Revised Code, or a
similar type of motor vehicle that displays current, valid
license tags issued under substantially equivalent provisions in
the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle
that is over twenty-five years old and is owned solely as a
collector's item and for participation in club activities,
exhibitions, tours, parades, and similar uses, but that in no event is used
for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load of no
more than one ton and is used exclusively for purposes other than
engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power
and is designed and used for carrying more than nine passengers, except
any motor vehicle that is designed and used for carrying not more than
fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" means any motor vehicle that has motor
power and is designed and used for carrying merchandise or freight, or
that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a tricycle
that is
designed solely for use as a play vehicle by a child, that is propelled
solely by human power upon which any person may ride, and that has either two
tandem wheels, or one wheel in front and two wheels in
the rear, any of which is more than fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that either has
two tandem wheels or one wheel in the front and two wheels in
the rear, that is capable of being pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and
is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface.
(M) "Trailer" means any vehicle without motive power
that is designed or used for carrying property or persons wholly on its
own structure and for being drawn by a motor vehicle, and
includes any such vehicle that is formed by or operated as a
combination of a semitrailer and a vehicle of the dolly type such
as that commonly known as a trailer dolly, a vehicle used to
transport agricultural produce or agricultural production
materials between a local place of storage or supply and the farm
when drawn or towed on a public road or highway at a speed
greater than twenty-five miles per hour, and a vehicle that is designed
and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or
towed on a public road or highway for a distance of more than ten
miles or at a speed of more than twenty-five miles per hour. "Trailer" does
not include a manufactured home or travel trailer.
(N) "Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as described
in division (B) of this section, but, where applicable, includes
a vehicle that is used to transport a boat as described in division (M)
of this section, that has a gross weight of no more than three
thousand pounds, and that is used exclusively for purposes other than
engaging in business for a profit.
(O) "Mobile home" means a building
unit or assembly of closed construction that is fabricated in an off-site
facility, is more than thirty-five body
feet in length or, when erected on site, is three hundred
twenty or more square feet, is built on a permanent
chassis, is
transportable in one or more sections, and does not qualify as
a manufactured home as defined in division (C)(4) of section 3781.06
of the Revised Code or as an industrialized unit as defined in division (C)(3)
of section 3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type
that does not have motive power and is so designed or used with another and
separate motor vehicle that in operation a part of its own weight
or that of its load, or both, rests upon and is carried by the other vehicle
furnishing the motive power for propelling itself
and the vehicle referred to in this division, and includes, for
the purpose only of registration and taxation under those chapters, any
vehicle of the dolly type, such as a trailer dolly,
that is designed or used for the conversion of a semitrailer into a
trailer.
(Q) "Recreational vehicle" means a vehicular portable
structure that is designed and constructed to be used as a temporary
dwelling for travel, recreational, and vacation uses and is classed as
follows:
(1) "Travel trailer" means a nonself-propelled
recreational vehicle that does not exceed an overall length of
thirty-five feet, exclusive of bumper and tongue or coupling, and
contains less than three hundred twenty square feet of space when erected
on site. "Travel trailer"
includes a tent-type fold-out camping trailer as defined in
section 4517.01 of the Revised Code.
(2) "Motor home" means a self-propelled recreational
vehicle that is constructed with permanently installed facilities for
cold storage, cooking and consuming of food, and for sleeping.
(3) "Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to be placed
upon and attached to a motor vehicle. "Truck camper" does not
include truck covers that consist of walls and a roof, but do not
have floors and facilities enabling them to be used as a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such size and weight as
to be movable without a special highway permit, that has a gross trailer area
of four hundred square feet or less, that is constructed with a raised forward
section that allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of
a truck.
(5) "Park trailer" means a vehicle that is commonly known as a park model
recreational vehicle, meets the American national standard institute standard
A119.5 (1988) for park trailers, is built on a single chassis, has a gross
trailer area of four hundred square feet or less when set up, is designed for
seasonal or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of the load.
(T) "Solid tire vehicle" means any vehicle that is equipped with
two or more solid tires.
(U) "Farm machinery" means all machines and tools that are used in
the production, harvesting, and care of farm products, and includes trailers
that are used to transport agricultural produce or agricultural
production materials between a local place of storage or supply
and the farm when drawn or towed on a public road or highway at a
speed of twenty-five miles per hour or less.
(V) "Owner" includes any person, firm, or corporation
other than a manufacturer or dealer that has title to a motor
vehicle, except that in sections 4505.01 to 4505.19 of the
Revised Code, "owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons,
firms, and corporations that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or dealing
in motor vehicles, at an established place of business that is
used exclusively for the purpose of manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles. A
place of business that is used for manufacturing, selling,
displaying, offering for sale, or dealing in motor vehicles shall
be deemed to be used exclusively for those purposes even though
snowmobiles or all-purpose vehicles are sold or displayed for
sale thereat, even though farm machinery is sold or displayed for
sale thereat, or even though repair, accessory, gasoline and oil,
storage, parts, service, or paint departments are maintained
thereat, or, in any county having a population of less than
seventy-five thousand persons at the last federal census, even
though a department in a place of business is used to dismantle,
salvage, or rebuild motor vehicles by means of used parts, if
such departments are operated for the purpose of furthering and
assisting in the business of manufacturing, selling, displaying,
offering for sale, or dealing in motor vehicles. Places of
business or departments in a place of business used to
dismantle, salvage, or rebuild motor vehicles by means of using
used parts are not considered as being maintained for the purpose
of assisting or furthering the manufacturing, selling,
displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily involved in
a ridesharing arrangement is not considered an employee for hire
or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the chassis
or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original
number that is affixed to or imprinted upon the engine or motor of the
vehicle.
(DD) "Distributor" means any person who is authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
motor vehicle dealers at an established place of business that is used
exclusively for the purpose of distributing new motor
vehicles to licensed motor vehicle dealers, except when the
distributor also is a new motor vehicle dealer, in which case the
distributor may distribute at the location of the
distributor's licensed dealership.
(EE) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental to another purpose of a volunteer driver and includes
ridesharing arrangements known as carpools, vanpools, and
buspools.
(FF) "Apportionable vehicle" means any vehicle that is used or
intended for use in two or more international registration plan
member jurisdictions that allocate or proportionally register
vehicles, that is used for the transportation of persons for hire
or designed, used, or maintained primarily for the transportation
of property, and that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this state, or any political subdivisions thereof.
(GG) "Chartered party" means a group of persons who
contract as a group to acquire the exclusive use of a
passenger-carrying motor vehicle at a fixed charge for the
vehicle in accordance with the carrier's tariff, lawfully on file
with the United
States department of transportation, for the purpose of group
travel to a specified destination or for a particular itinerary,
either agreed upon in advance or modified by the chartered group
after having left the place of origin.
(HH) "International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American association of motor vehicle administrators, and that
promotes and encourages the fullest possible use of the highway
system by authorizing apportioned registration of fleets of
vehicles and recognizing registration of vehicles apportioned in
member jurisdictions.
(II) "Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (K)
of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(KK) "Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of vehicles fully equipped plus the maximum weight of the load to
be carried on that combination of vehicles.
(LL) "Chauffeured limousine" means a motor vehicle
that is designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the transportation of passengers on public roads and highways
along a route under the control of the person hiring the vehicle
and not over a defined and regular route. "Prearranged contract"
means an agreement, made in advance of boarding, to provide
transportation from a specific location in a chauffeured
limousine at a fixed rate per hour or trip. "Chauffeured
limousine" does not include any vehicle that is used exclusively in the
business of funeral directing.
(NN)(MM) "Manufactured home" has the same
meaning as in division (C)(4)
of section 3781.06 of the Revised Code.
(OO)(NN) "Acquired situs,"
with respect to a manufactured home or a mobile home, means to
become located in this state pursuant to the issuance of a
certificate of title for the home and the placement of the home
on real property, but does not include the placement of a
manufactured home or a mobile home in the inventory of a new
motor vehicle dealer or the inventory of a manufacturer,
remanufacturer, or distributor of manufactured or mobile
homes.
(OO) "ELECTRONIC" INCLUDES ELECTRICAL, DIGITAL, MAGNETIC,
OPTICAL, ELECTROMAGNETIC, OR ANY OTHER FORM OF TECHNOLOGY THAT ENTAILS
CAPABILITIES SIMILAR TO THESE TECHNOLOGIES.
(PP) "ELECTRONIC RECORD" MEANS A RECORD GENERATED, COMMUNICATED,
RECEIVED, OR STORED BY ELECTRONIC MEANS FOR USE IN AN INFORMATION SYSTEM OR
FOR TRANSMISSION FROM ONE INFORMATION SYSTEM TO ANOTHER.
(QQ) "ELECTRONIC SIGNATURE" MEANS A SIGNATURE IN ELECTRONIC FORM
ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD.
(RR) "FINANCIAL TRANSACTION DEVICE" HAS THE SAME MEANING AS IN
DIVISION (A) OF SECTION 113.40 of the Revised Code.
Sec. 4503.10. (A) The owner of every snowmobile, off-highway motorcycle,
and
all-purpose vehicle required to be registered under section
4519.02 of the Revised
Code shall file an application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile, off-highway motorcycle, or
all-purpose vehicle, that is not designed and constructed by the
manufacturer for operation on a street or highway may not
register it under this chapter except upon certification of
inspection pursuant to section 4513.02 of the
Revised
Code by the sheriff or chief of
police of the municipal or township police with jurisdiction
over the political subdivision in which the owner of the motor
vehicle resides. Except as provided in section 4503.103
of the Revised Code, every owner of every other motor vehicle
not previously described in this section and every
person mentioned as owner in the last certificate of title of a motor vehicle
that
is operated or driven upon the public roads or highways shall
cause to be filed each year, by mail or otherwise, in the office
of the registrar of motor vehicles or a deputy registrar, a
written OR ELECTRONIC application or a preprinted registration renewal
notice issued under section 4503.102 of the Revised Code, the form of
which shall be prescribed by the registrar, for registration for
the following registration year, which shall begin on the first
day of January of every calendar year and end on the thirty-first
day of December in the same year. Applications for registration
and registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A MOTOR VEHICLE OWNER ALSO MAY ELECT TO RENEW A MOTOR
VEHICLE REGISTRATION BY ELECTRONIC MEANS USING ELECTRONIC SIGNATURE IN
ACCORDANCE WITH RULES ADOPTED BY THE REGISTRAR. Except
as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the
following information:
(1) A brief description of the motor vehicle to be
registered, including the name of the manufacturer, the factory
number of the vehicle, the year's model, and, in the case of
commercial cars, the gross weight of the vehicle fully equipped
computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or branch business, conducted at a particular place, the district
of registration is the municipal corporation in which that place
is located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of
the current registration year, have been paid. Each application
for registration shall be signed by the owner, directly EITHER
MANUALLY OR BY ELECTRONIC SIGNATURE, or pursuant to
obtaining a limited power of attorney authorized by the registrar for
registration, or other document authorizing such signature. IF THE OWNER
ELECTS TO RENEW THE MOTOR VEHICLE REGISTRATION WITH THE REGISTRAR BY
ELECTRONIC MEANS, THE OWNER'S MANUAL SIGNATURE IS NOT REQUIRED.
(7) The owner's social security number, if assigned, or,
where a motor vehicle to be registered is used for hire or
principally in connection with any established business, the
owner's federal taxpayer identification number.
(B) Each time the applicant first registers a motor
vehicle in the applicant's name, the
applicant shall present for inspection a
certificate of title or a memorandum certificate showing title to
the motor vehicle to be registered in the applicant. When a
motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under
it, each application for registration for a vehicle required to
be inspected under that section and those rules shall be
accompanied by an inspection certificate for the motor vehicle
issued in accordance with that section. The application shall be
refused if any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division (B) of section
4507.168, or division (B)(1) of section 4521.10 of the Revised Code.
(3) A
certificate of title or memorandum certificate of title does not
accompany
the application.
(4) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate and on the inspection certificate for the motor
vehicle, if any. The official also shall indicate, by a stamp or
by such other means as the registrar prescribes, on the
registration certificate issued upon the first registration of a
motor vehicle by or on behalf of the owner the odometer reading
of the motor vehicle as shown in the odometer statement included
in or attached to the certificate of title. Upon each subsequent
registration of the motor vehicle by or on behalf of the same
owner, the official also shall so indicate the odometer reading
of the motor vehicle as shown on the immediately preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C) In addition, a charge of twenty-five cents shall be
made for each reflectorized safety license plate issued, and a single charge
of twenty-five cents shall be made for each county identification sticker
or each set of county
identification stickers issued, as the case may be, to cover the cost
of producing the license plates and
stickers, including material, manufacturing, and administrative costs. Those
fees shall be in addition to the
license tax. If the total cost of producing the plates is less
than twenty-five cents per plate, or if the total cost of
producing the stickers is less than twenty-five cents per sticker or
per set issued, any excess moneys accruing from the fees shall be distributed
in the same manner as provided by section 4501.04 of the Revised
Code for the distribution of license tax moneys. If the total
cost of producing the plates exceeds twenty-five cents per plate,
or if the total cost of producing the stickers exceeds
twenty-five cents per sticker or per set issued, the difference shall
be paid from the
license tax moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of two
dollars and twenty-five cents for each application for
registration and registration renewal notice the
deputy registrar receives,
which shall be for the purpose of compensating the deputy
registrar for the deputy registrar's services, and such
office and rental expenses,
as may be necessary for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and the issuing of
licenses.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application for
registration or registration renewal notice, together with the
license fee and any or
local motor
vehicle license tax levied pursuant to Chapter 4504. of the
Revised Code, shall transmit that fee and tax, if any, in the
manner provided in this section, together with the original and
duplicate copy of the application, to the registrar. The
registrar, subject to the approval of the director of public
safety, may deposit the funds collected by those deputies in a
local bank or depository to the credit of the "state of Ohio,
bureau of motor vehicles." Where a local bank or depository
has been designated by the registrar, each deputy registrar shall deposit
all moneys collected by the deputy registrar into that bank
or depository not more than one business day after their collection and shall
make
reports to the registrar of the amounts so deposited, together
with any other information, some of which may be prescribed by
the treasurer of state, as the registrar may require and as
prescribed by the registrar by rule. The registrar, within three
days after receipt of notification of the deposit of funds by a
deputy registrar in a local bank or depository, shall draw on that
account
in favor of the treasurer of state. The registrar, subject to
the approval of the director and the treasurer of state, may make
reasonable rules necessary for the prompt transmittal of fees and
for safeguarding the interests of the state and of counties,
townships, municipal corporations, and transportation
improvement districts levying local motor vehicle license taxes.
The
registrar may
pay
service charges usually collected by banks and depositories for
such service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees forthwith, by money order or otherwise, as the registrar, by
rule approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for such service.
(G) This section does not prevent any person from making
an application for a motor vehicle license directly to the
registrar BY MAIL, BY ELECTRONIC MEANS, OR IN PERSON AT ANY OF THE
REGISTRAR'S OFFICES, upon payment of a SERVICE FEE OF two
dollars and twenty-five cents service fee for each application.
(H) No person shall make a false statement as to the
district of registration in an application required by division
(A) of this section. Violation of this division is falsification
under section 2921.13 of the Revised Code and punishable as
specified in that section.
(I)(1) Where applicable, the requirements of division (B)
of this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of environmental protection, or any person that has been awarded
a contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including, without limitation, the date of issuance of the
multi-year registration, the registration deadline established
under rules adopted under section 4503.101 of the Revised Code
that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for
renewal of the multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross vehicle weight of the combination vehicle as declared by
the registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail OR BY ELECTRONIC MEANS. Any person owning
a motor vehicle that was registered in the person's name during the
preceding registration
year shall renew the registration of the motor vehicle NOT MORE THAN NINETY
DAYS PRIOR TO THE EXPIRATION DATE OF THE REGISTRATION either by
mail OR BY ELECTRONIC MEANS through the
centralized system of registration established
under this section, or in person at a ANY OFFICE OF THE
REGISTRAR OR AT A deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a renewal notice to the person in whose name the motor
vehicle is registered. The renewal notice shall clearly state
that the registration of the motor vehicle may be renewed by mail
OR ELECTRONIC MEANS
through the centralized system of registration or in person at ANY OFFICE
OF
THE REGISTRAR OR AT a deputy registrar's office and shall be preprinted
with information including, but not limited to, the owner's name and
residence address as shown in the records of the bureau of motor
vehicles, a brief description of the motor vehicle to be
registered, notice of the license taxes and fees due on the motor
vehicle, the toll-free telephone number of the registrar as
required under division (D)(1) of section 4503.031 of the Revised
Code, and any additional information the registrar may require by
rule. The renewal notice shall be sent by regular mail to
the owner's last known address as shown in the records of the bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division (B) of section 4507.168,
or division (B)(1) of section 4521.10 of the Revised Code, the registrar is
not required to send a renewal notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it EITHER MANUALLY OR BY
ELECTRONIC MEANS, and return it, EITHER BY MAIL OR ELECTRONIC MEANS, OR
THE OWNER MAY TAKE IT in
person to ANY OFFICE OF THE REGISTRAR OR OF a deputy registrar or by
mail to the registrar,
together with a credit card FINANCIAL TRANSACTION DEVICE number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration taxes and fees payable on the motor vehicle and a
mail fee of two dollars and twenty-five cents plus postage as
indicated on the notice, if the registration is renewed by mail,
and an inspection certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code. IF THE MOTOR VEHICLE OWNER CHOOSES
TO RENEW THE MOTOR VEHICLE REGISTRATION BY ELECTRONIC MEANS,
THE OWNER SHALL PROCEED IN ACCORDANCE WITH THE RULES THE REGISTRAR ADOPTS.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if
the owner or lessee does not have an inspection certificate for the motor
vehicle as provided in section 3704.14 of the Revised Code, if
that section is applicable, the license shall be refused, and the
registrar or deputy registrar shall so notify the owner. This
section does not require the payment of license or registration
taxes on a motor vehicle for any preceding year, or for any
preceding period of a year, if the motor vehicle was not taxable
for that preceding year or period under section 4503.02, 4503.04,
4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and return SIGN the signed application
MANUALLY OR BY ELECTRONIC MEANS AND SUBMIT THE APPLICATION and
PAY any applicable
license taxes and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section 4507.168, or division (B)(1) of section
4521.10 of the Revised Code from accepting the application, the registrar
shall return the
application and the payment to the owner. IF THE OWNER OF A MOTOR VEHICLE
SUBMITS A REGISTRATION RENEWAL APPLICATION TO THE REGISTRAR BY ELECTRONIC
MEANS AND THE REGISTRAR IS PROHIBITED FROM ACCEPTING THE
APPLICATION AS PROVIDED IN THIS DIVISION, THE REGISTRAR SHALL NOTIFY THE
OWNER OF THIS FACT AND DENY THE APPLICATION AND RETURN THE PAYMENT OR GIVE A
CREDIT ON THE FINANCIAL TRANSACTION DEVICE ACCOUNT
OF THE OWNER IN
THE MANNER THE REGISTRAR PRESCRIBES BY RULE ADOPTED PURSUANT TO DIVISION
(A) OF THIS SECTION.
(F) Every deputy registrar shall post in a prominent place
at the deputy's office a notice informing the public of the
mail
registration system required by this section, and also shall post
a notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The two dollars and twenty-five cents fee, plus
postage and any credit card FINANCIAL TRANSACTION DEVICE
surcharge collected by the registrar
for registration by mail, shall be paid to the credit of the
state bureau of motor vehicles fund
established by section 4501.25 of the Revised Code.
(H) The PURSUANT TO SECTION 113.40 of the Revised Code, THE
registrar may implement a program
permitting payment of motor vehicle registration taxes and fees,
driver's license and commercial driver's license fees, and any
other taxes, fees, penalties, or charges imposed or levied by the state
by means of a credit card FINANCIAL TRANSACTION DEVICE.
The registrar may adopt rules as necessary for this purpose.
If a person uses a credit card to pay motor vehicle
registration taxes or fees, license fees, or other similar taxes,
fees, penalties, or charges imposed or levied by the state as provided in
this section, a surcharge sufficient to pay the required service
charge of the financial institution or credit card company shall
be paid by the person using the credit card.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.20. (A) As used in this section:
(1) "Dealer engaged in the business of leasing motor
vehicles" 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, or other contractual arrangement.
(2) "Motor vehicle" has the meaning set forth in section
4509.01 of the Revised Code.
(B) An application for the registration of a motor vehicle
shall contain a statement, to be signed by the applicant EITHER MANUALLY
OR BY ELECTRONIC SIGNATURE, that does all of the following:
(1) States that the applicant maintains, or has maintained on his
THE APPLICANT'S behalf, proof of financial responsibility at the time
of application, and will not operate a motor
vehicle in this state, unless he THE APPLICANT maintains, with
respect to that motor vehicle or the operation of such vehicle, proof of
financial responsibility;
(2) Contains a brief summary of the purposes and operation
of section 4509.101 of the Revised Code, the rights and duties of
the applicant under that section, and the penalties for violation
of that section;
(3) Warns the applicant that the financial responsibility
law does not prevent the possibility that the applicant may be
involved in an accident with an owner or operator of a motor
vehicle who is without proof of financial responsibility.
(C)(1) A person who purchases any motor vehicle from a
licensed motor vehicle dealer who agrees to make application for
registration of the motor vehicle on behalf of the purchaser
shall sign statements that comply with divisions (B) and (F) of this
section. The dealer shall submit the statements to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person.
(2) In the case of a person who leases any motor vehicle
from a dealer engaged in the business of leasing motor vehicles
who agrees to make application for registration of the motor
vehicle on behalf of the lessee, the person shall sign a
statement that complies with division (B) of this section, and
the dealer shall do either of the following:
(a) Submit the statement signed by the person to the
deputy registrar where the dealer has agreed to make application
for registration on behalf of the person;
(b) Sign and submit a statement to the deputy registrar
that certifies that a statement has been signed and filed with
the dealer or incorporated into the lease.
The dealer shall submit to the registrar or deputy registrar to whom he
THE DEALER submits the application for registration a statement signed
by the person that
complies with division (F) of this section.
(D) The registrar of motor vehicles shall prescribe the
form of the statements required under divisions (B), (C), and (F) of
this section, and the manner or manners in which the statements
required under divisions (B) and (F) of this section shall be presented to
the applicant. Any statement that is required under divisions (B), (C), and
(F) of this section shall be designed to
enable the applicant to retain a copy of it.
(E) Nothing within this section shall be construed to
excuse a violation of section 4509.101 of the Revised Code. A motor vehicle
dealer who makes application for the registration of a motor vehicle on behalf
of the purchaser or lessee of the motor vehicle is not liable in damages in
any civil action on account of the act of making such application for
registration or the content of any such application for registration.
(F) In addition to the statements required by divisions (B) and (C) of this
section, a person who makes application for registration of a motor vehicle
shall be furnished with a form that lists in plain language all the possible
penalties to which a person could be subject for a violation of the financial
responsibility law, including driver's license suspensions; all fees,
including nonvoluntary compliance and reinstatement fees; and vehicle
immobilization or impoundment. The person shall read THE FORM and
EITHER MANUALLY OR BY ELECTRONIC SIGNATURE sign the form, which
shall be submitted along with the application for registration as provided in
this section. The form shall be retained by the registrar or deputy registrar
who issues the motor vehicle registration or his THE REGISTRAR'S OR
DEPUTY REGISTRAR'S successor for a period of two years from the date of
issuance of the registration.
(G) Upon the registration of a motor vehicle, the owner of the motor vehicle
is deemed to have agreed to the production of proof of financial
responsibility by him THE OWNER or the operator of the motor
vehicle, upon the request of a peace officer or state highway patrol trooper
made in accordance with division (E)(2) of section 4509.101 of the Revised
Code.
(H) THE REGISTRAR SHALL ADOPT RULES GOVERNING THE RENEWAL OF
MOTOR VEHICLE REGISTRATIONS BY ELECTRONIC MEANS AND THE
COMPLETION AND SUBMISSION OF STATEMENTS THAT COMPLY WITH DIVISIONS
(B) AND (F) OF THIS SECTION. THE REGISTRAR SHALL ADOPT THE
RULES PRESCRIBED BY THIS DIVISION IN ACCORDANCE WITH CHAPTER 119.
of the Revised Code.
Section 2. That existing sections 1547.01, 1547.54, 4501.01, 4503.10,
4503.102, and 4503.20 of
the Revised Code are hereby repealed.
Section 3. Section 4501.01 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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