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.
|
(124th General Assembly)(Substitute Senate Bill Number 59)
AN ACT
To amend sections 325.33, 1548.01, 1548.02, 1548.03,
1548.06,
1548.08, 1548.09, 1548.10, 1548.11,
1548.12,
1548.13, 1548.17, 1548.18,
1548.19,
1548.20,
4501.01, 4503.03, 4503.10,
4503.182,
4505.03,
4505.04, 4505.06,
4505.08,
4505.09,
4505.10,
4505.102, 4505.11,
4505.12,
4505.13,
4505.18,
4505.181,
4505.19,
4505.20,
4519.01,
4519.03, 4519.51,
4519.52, 4519.53,
4519.55,
4519.57,
4519.58,
4519.59,
4519.60,
4519.61,
4519.62, 4519.66,
4519.67, and
4519.68
and
to
enact sections 1548.021, 1548.061,
1548.141,
4503.035, 4505.021,
4505.032, 4505.062,
4505.141,
4505.25,
4519.511, 4519.512, 4519.521, 4519.551,
and 4519.631
of the
Revised Code to make changes
in the
titling
processes for motor vehicles,
watercraft, outboard
motors, off-highway
motorcycles, and all-purpose
vehicles.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 325.33, 1548.01, 1548.02, 1548.03,
1548.06, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12, 1548.13,
1548.17,
1548.18, 1548.19,
1548.20, 4501.01,
4503.03,
4503.10,
4503.182, 4505.03, 4505.04,
4505.06,
4505.08,
4505.09,
4505.10,
4505.102, 4505.11, 4505.12,
4505.13,
4505.18,
4505.181,
4505.19, 4505.20, 4519.01, 4519.03, 4519.51,
4519.52,
4519.53,
4519.55,
4519.57, 4519.58, 4519.59, 4519.60,
4519.61,
4519.62,
4519.66, 4519.67, and
4519.68 be amended and
sections 1548.021,
1548.061, 1548.141,
4503.035, 4505.021, 4505.032, 4505.062,
4505.141,
4505.25, 4519.511,
4519.512, 4519.521, 4519.551, and
4519.631 of
the Revised Code be
enacted to
read as follows:
Sec. 325.33. Notwithstanding sections 325.27 and 325.31 of
the Revised Code,
all fees retained by the clerk of courts under
Chapters 1548.,
4505., and 4519. of the
Revised Code
and all fees
the clerk of courts receives in the capacity of deputy registrar
under section 4503.03 of the Revised Code shall be paid
into the
county treasury to the credit of the
certificate of title
administration fund, which is hereby created. Except as
otherwise
provided in this section, fees credited to the fund shall be used
only to pay the costs incurred by the clerk of courts in
processing titles
under
Chapters 1548., 4505., and
4519. of the
Revised Code
those chapters and in performing the duties of a
deputy registrar if the clerk of courts is appointed a deputy
registrar. However, if
the board of
county commissioners and
the
clerk of courts agree
that the money in the fund
exceeds what
is
needed to pay
such
those costs, the excess may be transferred to
the
county general
fund and used for other county purposes. If
the
board of
county
commissioners and the clerk of courts are
unable
to agree on the
amount
of any such excess, the county
budget
commission shall
determine the amount
that will be
transferred to
the county
general fund.
Sec. 1548.01. (A) As used in this chapter,
"electronic" and
"watercraft"
has
have the same
meaning
meanings as in section
1547.01
of the Revised Code. (B) This chapter does not apply to any of the following: (1) A watercraft covered by a marine document in effect
that
has
been assigned to it by the United States government
pursuant
to federal law; (2) A watercraft from a country other than the United
States
temporarily using the waters in this state; (3) A watercraft whose owner is the United States, a
state,
or a political subdivision
thereof
of a state; (4) A ship's lifeboat. As used in division (B)(4) of this
section,
"lifeboat" means a watercraft that is held aboard
another
vessel and used exclusively for emergency purposes. (5) A canoe; (6) A watercraft less than fourteen feet in length
without
a
permanently affixed mechanical means of propulsion; (7) A watercraft less than fourteen feet in
length with a
permanently fixed mechanical means of propulsion of less than
ten
horsepower as determined by the manufacturer's rating; (8) Outboard motors of less than ten horsepower as
determined by the
manufacturer's rating. (C) The various certificates, applications, and
assignments
necessary to provide certificates of title for
watercraft and
outboard motors shall be made on appropriate
forms approved by
the
chief of the division of watercraft.
Sec. 1548.02. The chief of the division of watercraft shall
adopt such
rules as
he
the chief considers necessary to ensure
uniform and
orderly operation of this chapter, and the clerks of
the courts of common
pleas shall conform
thereto
to those rules.
The chief shall
receive and file in
his
the chief's office all
information forwarded to
him
the
chief by the clerks under this
chapter and shall maintain indexes covering
the state at large
for
that information. These indexes shall be for the state
at
large
and not for individual counties. The chief shall check with
his
the chief's record all
duplicate
certificates of title received in
his
the
chief's
office from
the clerks.
If If it appears that
a
any certificate of title has been
improperly
issued, the chief shall cancel the certificate. Upon
the cancellation of any
certificate of title, the chief shall
notify the clerk who issued it, and the
clerk shall enter the
cancellation in
his
the clerk's records.
The chief also shall
notify the person to whom the certificate of
title was issued, as
well as any lienholders appearing
thereon
on
it, of the
cancellation and,
if it is a physical certificate of
title, shall
demand the surrender of the certificate of title, but
the
cancellation shall not affect the validity of any lien noted
thereon
on it. The
holder of
the
a physical certificate of title
shall return it to
the chief immediately.
The The clerks shall keep on hand a sufficient supply of blank
forms that,
except
certificate of title and memorandum
certificate
forms, shall be furnished and
distributed without
charge to
registered manufacturers or dealers or to other
persons residing
within the county. The clerks shall provide the
certificates
of
title, the ribbons for data processing, and
removable backup media
from
moneys provided to the clerks from
the automated title
processing fund in
accordance with division
(B)(3)(b) of section
4505.09 of the Revised Code.
The clerks
shall furnish all other
supplies from other moneys available to
the
clerks.
Sec. 1548.021. The owner of a watercraft or outboard motor
shall apply for
a
certificate of title for the watercraft or
outboard motor when required by
this
chapter, but, except as
otherwise specifically required in this chapter, the
owner may
elect whether or not to have the clerk of the court of
common
pleas to whom the certificate of title application is
submitted
issue a physical certificate of title for the watercraft or
outboard
motor, as provided in section 1548.09 of the Revised
Code. Except as otherwise specifically provided in this chapter,
any provision of
this chapter relating to the cancellation,
issuance, or surrender of a
certificate of title, including, but
not limited to, provisions
that contain a phrase such as
"when a
certificate of title is
issued,"
"the clerk shall issue a
certificate of title," or
"the
person shall obtain a certificate
of title to the watercraft or outboard
motor,"
or another phrase
of similar import, shall include those
circumstances when a clerk
enters certificate of title information
into the automated title
processing system, but does not take any
further action relating
to
a physical certificate of title for the
watercraft or
outboard
motor.
Sec. 1548.03. No person, except as provided in section
1548.05 of the Revised
Code, shall sell or
otherwise dispose of
a
watercraft or outboard motor
without
delivering to the
purchaser
or transferee
thereof a
physical
certificate of
title
with
such
an
assignment
thereon
on it as is
necessary to show
title in the
purchaser
or transferee; nor shall
any person
purchase or
otherwise
acquire a watercraft or
outboard
motor
without obtaining
a certificate of title for it in
his
the
person's name in
accordance with
Chapter 1548. of the Revised
Code
this chapter;
however, a purchaser may
take possession of
and
operate a
watercraft or outboard motor on the waters in
this state
without a
certificate of title for a period not
exceeding thirty
days if
he
the purchaser has been issued and has
in
his
the
purchaser's
possession a dealer's dated bill of
sale, or, in the
case of a
casual sale, a notarized bill of
sale.
Sec. 1548.06. Application for a certificate of title for a
watercraft or outboard motor shall be made upon a form prescribed
by the chief of the division of watercraft
and shall be sworn to
before a notary public or other officer empowered to administer
oaths. The application shall be filed with the clerk of
the
any
court of common pleas
of the county in which the applicant
resides
if the applicant is a resident of this state or, if not a
resident, in the county in which the transaction is consummated.
An application for a certificate of title may be filed
electronically by any electronic means approved by the chief in
any county with the clerk of the court of common pleas of that
county.
The application shall be accompanied by the fee
prescribed
in
section 1548.10 of the Revised Code, and if. The
fee shall be
retained by the clerk who issues the certificate of
title and
shall be distributed in accordance with that section.
If a clerk
of a court of common pleas, other than the clerk of
the court of
common pleas of an applicant's county of residence,
issues a
certificate of title to the applicant, the clerk shall
transmit
data related to the transaction to the
automated
title
processing system. If a certificate of
title previously has been issued for the
watercraft or outboard
motor,
it
the application for a
certificate
of title also shall be accompanied by the certificate
of title
duly
assigned unless otherwise provided in this
chapter. If a
certificate of title previously has not been
issued for the
watercraft or outboard motor in this state, the
application,
unless otherwise provided in this chapter, shall be
accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership if the watercraft or outboard motor
was
purchased by
the applicant on or before
October 9, 1963,
or if the watercraft
is less than fourteen feet long with
a
permanently affixed
mechanical means of propulsion and was
purchased by the applicant
on or before
January 1,
2000;
or by
a certificate of title, bill
of sale, or
other evidence of
ownership required by the law of
another state
from which the
watercraft or outboard motor was
brought into
this state.
Evidence of ownership of a watercraft or
outboard
motor for
which an Ohio certificate of title previously
has not
been
issued and which watercraft or outboard motor does
not have
permanently affixed
thereto
to it a manufacturer's serial
number
shall
be accompanied by the certificate of assignment of a
hull
identification number assigned by
the chief as provided in
section
1548.07 of the Revised Code.
The clerk shall retain the evidence
of title presented by
the
applicant and on which the certificate
of title is issued.
The, except that, if an application for a certificate of title is
filed electronically, by a vendor on behalf of a purchaser of a
watercraft or outboard motor, the clerk shall retain the completed
electronic record to which the vendor converted the certificate of
title application and other required documents. The vendor shall
forward the actual application and all other documents relating to
the sale of the watercraft or outboard motor to any clerk within
thirty days after the certificate of title is issued. The chief,
after consultation with the attorney general, shall adopt rules
that govern the location at which, and the manner in which, are
stored the actual application and all other documents relating to
the sale of a watercraft or outboard motor when a vendor files the
application for a certificate of title electronically on behalf of
a purchaser.
The
clerk shall use reasonable diligence in
ascertaining
whether
the
facts in the application are true
by checking the
application and
documents accompanying it
or the electronic
record to which a vendor converted the application and
accompanying documents with
the records of
watercraft and
outboard motors in the clerk's
office. If
the
clerk is satisfied
that the
applicant is the owner of the
watercraft or
outboard
motor and
that the application is in the
proper form,
the clerk
shall issue
a
physical certificate of
title over the
clerk's
signature and sealed with
the clerk's
seal
unless the applicant
specifically requests the clerk not to
issue a physical
certificate of title and instead to issue an
electronic
certificate of title.
However, if the evidence
indicates and an
investigation
shows that one or more Ohio
titles already exist
for
the watercraft or outboard motor, the
chief may cause the
redundant title or titles to be
canceled. In the case of the sale of a watercraft or outboard motor
by
a vendor to a general purchaser or user, the certificate of
title
shall be obtained in the name of the purchaser by the
vendor upon
application signed by the purchaser. In all other
cases, the
certificate shall be obtained by the purchaser. In
all cases of
transfer of watercraft or outboard motors, the
application for
certificate of title shall be filed within thirty
days after the
later of the date of purchase or assignment of
ownership of the
watercraft or outboard motor. If the
application for certificate
of title is not filed within thirty
days after the later of the
date of purchase or assignment of
ownership of the watercraft or
outboard motor, the clerk shall
charge a late penalty fee of five
dollars in addition to the fee
prescribed by section 1548.10 of
the Revised Code. The clerk
shall retain the entire amount of
each late penalty fee. The clerk shall refuse to accept an application for
certificate of title unless the applicant either tenders with the
application payment of all taxes levied by or pursuant to Chapter
5739. or 5741. of the Revised Code
based on the applicant's county
of residence less, in the case of a sale
by a vendor, any
discount
to which the vendor is entitled under
section 5739.12
of the
Revised Code, or submits any of the
following: (A) A receipt issued by the tax commissioner or a clerk of
courts showing payment of the tax; (B) A copy of the unit certificate of exemption completed
by
the purchaser at the time of sale as provided in section
5739.03
of the Revised Code; (C) An exemption certificate, in a form prescribed by the
tax commissioner, that specifies why the purchase is not subject
to the tax imposed by Chapter 5739. or 5741. of the Revised Code. Payment of the tax shall be in accordance with rules issued
by the tax commissioner, and the clerk shall issue a receipt in
the form prescribed by the tax commissioner to any applicant who
tenders payment of the tax with the application for
registration
the certificate
of title. For receiving and disbursing the taxes paid to the clerk
by a
resident of the clerk's county,
the
clerk may retain a poundage
fee of one
and one one-hundredth per cent of the taxes
collected,
which shall be paid
into the
general fund of the
county
certificate of title administration fund created by section 325.33
of the Revised Code.
In
The clerk shall not retain a poundage fee
from payments of taxes by persons who do not reside in the
clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk an amount equal to the poundage fees associated with
certificates of title issued by other clerks of courts of common
pleas to applicants who reside in the first clerk's county. The
chief of the division of watercraft, in consultation with the tax
commissioner and the clerks of the courts of common pleas, shall
develop a report from the automated title processing system that
informs each clerk of the amount of the poundage fees that the
clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county. In the case of casual sales of watercraft or outboard
motors
that are subject to the tax imposed by Chapter 5739. or
5741. of
the Revised Code, the purchase price for the purpose of
determining the tax shall be the purchase price on an affidavit
executed and filed with the clerk by the vendor on a form to be
prescribed by the chief, which
shall be prima-facie evidence of
the price for the determination
of the tax. In addition to the
information required by section
1548.08 of the Revised Code, each
certificate of title shall
contain in bold lettering the
following
notification and
statements:
"WARNING TO TRANSFEROR
AND
TRANSFEREE
(SELLER AND
BUYER). You
are required by law to
state
the true
selling price. A false statement is a
violation
of
section
2921.13 of the Revised Code and is punishable by six
months
imprisonment or a fine of up to one thousand dollars, or
both.
All
transfers are audited by the department of taxation.
The
seller
and buyer must provide any information requested by
the
department
of
taxation. The buyer may be assessed any
additional
tax found
to be due." The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed by
the tax commissioner and shall furnish
such
information to the
commissioner as the commissioner may require. For purposes
of a
transfer of a certificate of title, if the clerk is satisfied that
a
secured party has discharged a lien, but has not canceled the
lien notation
with
the
a clerk
of the county of origin, the clerk
may cancel
the lien notation on the
automated title processing
system and notify the clerk of the county of
origin.
Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of watercraft or outboard motor certificates of title
that are described in the Revised Code as being accomplished by
electronic means.
Sec. 1548.061. Notwithstanding any general requirement in
this chapter to the effect that an application for a certificate
of title to a watercraft or outboard motor shall be "sworn to" or
shall be "sworn to before a notary public or other officer
empowered to administer oaths," that requirement shall apply only
in the case of a transfer of a watercraft or outboard motor
between parties in the course of a sale by a person other than a
registered watercraft dealer, as defined in section 1547.01 of the
Revised Code, to a person who purchases the watercraft or outboard
motor for use as a consumer.
Sec. 1548.08.
The
When the clerk of
the
a court
of common
pleas
issues a physical certificate of title for a watercraft or
outboard motor, the clerk shall
issue
certificates of title for
watercraft and outboard motors
it
over
his
the clerk's official
seal.
The
All
physical certificates
of title to watercraft or
outboard motors
shall
contain the
information required in the
application for
the certificate of
title,
them as prescribed by
section 1548.07 of the Revised Code,
as
well as spaces for the
dates of notation and cancellation of each
lien, mortgage, or
encumbrance, over the signature of the clerk. If
the
any
certificate of title is issued for a watercraft or
outboard motor
in which two persons are establishing joint
ownership with right
of survivorship under section 2106.17 of the
Revised Code, the
certificate, in addition to the information
required by this
section, shall show that the two persons have
established joint
ownership with right of survivorship in the
watercraft or
outboard
motor.
An An assignment of certificate of
title
before a notary public
or other officer empowered to
administer oaths shall appear on
the
reverse side of each
physical
certificate of title in the
form to
be prescribed by the chief of
the division of
watercraft.
Such
The
assignment form shall include a
warranty
that
the signer is the
owner of the watercraft or
outboard motor
and
that there are no
mortgages, liens, or
encumbrances on the
watercraft or outboard
motor except as are
noted on the face of
the certificate of title.
Sec. 1548.09.
The
When the clerk of
the
a court
of common
pleas
issues a physical certificate of title, the clerk shall
issue
certificates
the certificate
of title in duplicate. One
copy shall be retained and filed by
the clerk in the clerk's
office, and the information
contained in it shall be transmitted
on the day it
is issued to the
chief of the division of
watercraft. The clerk shall sign and affix
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 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,
or memorandum certificate of
title, or
supporting evidence
thereof
of them, covering any
watercraft or outboard motor for a
period longer than 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. The clerk shall issue a physical certificate of title to an
applicant unless the applicant specifically requests the clerk not
to issue a
physical certificate of title and instead to issue an
electronic certificate
of title.
The fact that a physical
certificate of title is
not issued for a watercraft or outboard
motor does not affect ownership of the
watercraft or outboard
motor. In that case, when the clerk completes the
process of
entering certificate of title application information into the
automated title processing system, the effect of the completion of
the process is the same as if the clerk actually issued a physical
certificate of title for the watercraft or outboard motor.
Sec. 1548.10. The clerk of the court of common pleas shall
charge a fee of five dollars for each memorandum certificate of
title, each non-negotiable evidence of ownership, and
for each
duplicate copy of a certificate of title.
The fees shall be
retained by the clerk. In addition to those fees, the clerk shall charge a fee of
five dollars for each certificate of title and for each notation
or indication
of any lien or security interest on a certificate of
title. The
clerk shall retain two dollars of the fee charged for
each certificate of
title, and three dollars and fifty cents of
the fee charged for each
notation or indication of any lien or
security interest. The remaining
fees charged for a certificate
of title and the notation or indication of any
lien or security
interest on a certificate of title shall be paid to the chief
of
the division of watercraft by monthly returns, which shall be
forwarded to the chief not later than the fifth day of the month
next succeeding that in which the certificate is forwarded, or
that in which the chief is notified of a lien or security interest
or
cancellation
thereof
of a lien or security interest. The chief shall deposit one dollar of the amount
he
the chief
receives for each
certificate of title in the automated title
processing fund created in section
4505.09 of the Revised Code.
Moneys deposited in that fund under this section
shall be used for
the purpose specified in division (B)(3)(b) of that section.
Sec. 1548.11. (A) In the event of the transfer of
ownership
of a watercraft or outboard motor by operation of law,
as upon
inheritance, devise, bequest, order in bankruptcy,
insolvency,
replevin, or execution of sale, or whenever the
engine of a
watercraft is replaced by another engine, or whenever
a watercraft
or outboard motor is sold to satisfy storage or
repair charges, or
repossession is had upon default in
performance of the terms of a
security agreement as provided in
sections 1309.01 to 1309.50
Chapter 1309. of the Revised Code,
the
a clerk of
the
a court of
common pleas
of the county in which the
last certificate
of title
to the watercraft or outboard motor
was issued, upon the
surrender
of the prior certificate of title
or the manufacturer's
or
importer's certificate, or, when that
is not possible, upon
presentation of satisfactory proof to the
clerk of ownership and
rights of possession to the watercraft or
outboard motor,
and
upon
payment of the fee prescribed in
section 1548.10 of the
Revised
Code and presentation of an
application for certificate
of title,
may issue to the applicant
a certificate of title to
the
watercraft or outboard motor.
Only
an affidavit by the
person or
agent of the person to whom
possession of the
watercraft or
outboard motor has passed,
setting forth the facts
entitling the
person to possession and
ownership,
together with a
copy of the
journal entry, court
order, or instrument upon which
the claim of
possession and
ownership is founded, is
satisfactory proof of
ownership and
right of possession. If the
applicant cannot
produce such proof
of ownership, the
applicant may apply
directly
to the chief of
the division of watercraft and submit
such
evidence as the
applicant has, and the chief,
if the chief finds
the evidence
sufficient, may
authorize the clerk to issue
a
certificate of
title. If, from the records in the office of
the
clerk, there
appears to be any lien on the watercraft
or
outboard
motor, the
certificate of title shall contain a
statement of the
lien
unless the
application is
accompanied by
proper evidence of
its extinction. (B) Upon the death of one of the persons who have
established joint ownership with right of survivorship under
section 2106.17 of the Revised Code in a watercraft or outboard
motor and the presentation to the clerk of the title and the
certificate of death of the deceased person, the clerk shall
enter
into the records the transfer of the
watercraft or
outboard
motor
to the surviving person, and the title to the
watercraft or
outboard motor immediately passes to the surviving
person. The
transfer does not affect any liens on the watercraft
or outboard
motor. (C) The clerk shall transfer a decedent's interest in one
watercraft, one outboard motor, or one of each to the decedent's
surviving
spouse as provided in section 2106.19 of the Revised
Code.
Sec. 1548.12. Each owner of a watercraft or outboard motor
and each person
mentioned as owner in the last certificate of
title, when
such
the watercraft or
outboard motor is dismantled,
destroyed, or changed in such manner that it
loses its character
as a watercraft or outboard motor, or changed in such
manner that
it is not the watercraft or outboard motor described in the
certificate of title, shall surrender
his
the certificate of
title
to
the
a clerk of
the
a court of common pleas
who issued
it, and
thereupon the clerk
shall, with
the consent of any
holders of any
liens noted
thereon
on the certificate of title,
then shall enter
a cancellation
upon
his
the clerk's records and
shall notify the
chief of the
division of watercraft of
such
the
cancellation. Upon the cancellation of a certificate of title in the manner
prescribed by
this section, the clerk and the chief may cancel
and
destroy all certificates
and all memorandum certificates in
that
chain of title.
Sec. 1548.13. In the event of a lost or destroyed
certificate of title,
application shall be made to
the
a clerk of
the
a court of common pleas
of the
county where such certificate
of title was issued, by the owner of
such
the watercraft or
outboard motor, or the holder of a lien
thereon
on it, for a
certified
copy of
such
the certificate upon a form prescribed by
the chief of the division
of watercraft and accompanied by the
fee
prescribed by section 1548.10 of the
Revised Code.
Such
The
application shall be signed
and sworn to by the person
making the
same. Thereupon
application, and the clerk shall issue a
certified copy of
such
the certificate of title to the person
entitled to receive it under
Chapter 1548.
of the Revised Code
this chapter.
Such
The certified copy shall be plainly marked
across its
face with the word
"duplicate," and any subsequent
purchaser of
such
the watercraft or outboard motor in the chain of
title originating through
such
the certified copy acquires only
such rights in the watercraft or outboard motor
as
the original
holder of the certified copy
himself had. Any purchaser
of
such
the
watercraft or outboard motor
may, at the time of purchase,
may
require the seller
of
the same to indemnify
him
the
purchaser and
all subsequent
purchasers of
such
the watercraft
or outboard motor
against any loss
which
he
that the purchaser
or
they
any
subsequent purchaser
may suffer by reason of any
claim presented
upon the original certificate. In
the event of
the recovery of
the original certificate of title by
said
the
owner,
he
the owner
shall
forthwith surrender
same
it immediately
to the clerk for
cancellation. The holder of a certificate of title for a watercraft or
outboard motor upon
which is noted an existing lien, encumbrance,
or mortgage, may
apply at any time
make
application to
the
a
clerk
who
issued the certificate of title for a memorandum
certificate,
which
form shall be made in the
on a form prescribed
by the chief
and, that is
signed
and sworn to by the applicant.
Upon receipt of
such
the
application, if it
appears to be
regular, together with the fee
prescribed by section 1548.10 of
the Revised Code,
and if the application appears to be regular,
the clerk
shall
issue to
such
the applicant a memorandum
certificate for
the
watercraft or outboard motor.
In the event
such
If the
memorandum
certificate is lost or destroyed, the
holder
thereof
of it may
obtain a
certified copy of
the same
it
by applying for the copy on a form
prescribed by the
chief
and,
accompanied
by the fee prescribed
in section 1548.10 of
the
Revised Code. In the event of
the
recovery of the original
memorandum certificate by the owner,
he
the owner
shall
forthwith
surrender
the same
it immediately to
the
a clerk for cancellation.
Such
a memorandum
certificate is not
assignable and constitutes
no
evidence of title or of right
to
transfer or encumber the
watercraft or outboard motor described
therein
in it.
If an electronic certificate of title previously has been
issued for a watercraft or outboard motor, the owner of the
watercraft or outboard motor may apply at any time to a clerk for
a non-negotiable evidence of ownership for the watercraft or
outboard motor.
Sec. 1548.141. The chief of the division of watercraft
shall
enable
the
public to access watercraft and outboard motor
title information via
electronic means. No fee shall be charged
for this access. The title information that must be so accessible
is only the title information that is in an electronic format at
the
time a person requests this access.
The chief, in
accordance
with Chapter 119. of the
Revised
Code, shall adopt
rules governing
this access. In
adopting these
rules, the chief
shall confer with
the clerks of
the courts of common
pleas. Access by the public to watercraft and outboard motor title
information under this section shall comply with all restrictions
contained in the Revised Code and federal law that govern the
disclosure of that information.
Sec. 1548.17. Every peace officer, sheriff, watercraft
officer, division of parks and recreation officer, division of
wildlife officer, conservancy district officer, constable, or
state highway patrol trooper, having knowledge of a stolen
watercraft or outboard motor, shall immediately furnish the chief
of the division of watercraft with full information concerning
such
the theft. The chief, whenever
he receives a report of the theft or
conversion of a watercraft or outboard motor
is received, shall
make a
distinctive record
thereof
of it, including the make of
the
stolen
watercraft or outboard motor and its manufacturer's
or
assigned
serial number, and shall file the
same
record in the
numerical
order of
the manufacturer's or assigned serial number
with the index
records of the watercraft or outboard motors of
such make. The
chief shall prepare a report listing watercraft
and outboard
motors stolen and recovered as disclosed by the
reports submitted
to
him
the chief, to be distributed as
he
the
chief deems advisable. In the event of the receipt from any clerk of
the court of
common pleas of a copy
If, under section 1548.02 of the Revised
Code, the chief learns of
the issuance of a certificate of title
to such
a
watercraft or outboard motor, the chief shall
immediately
notify
the rightful owner
thereof
of the watercraft
or outboard
motor
and
the clerk who issued
such
the
certificate
of
title, and
if, upon investigation, it appears that
such
the
certificate of title was improperly issued,
the chief
shall
immediately cancel
the same
it.
In the event of the recovery of a stolen or converted
watercraft or outboard motor, the owner shall immediately notify
the chief, who shall remove the record of the theft or conversion
from
his
the chief's file.
Sec. 1548.18. No person shall
do any of the following: (A) Operate in this state a watercraft for which a
certificate of title is
required or
a watercraft powered by an
outboard motor for which a certificate of
title is required
without having
such
the certificate, or a
valid temporary permit
and number, in accordance with
Chapter 1548. of the Revised Code
this chapter or, if a physical certificate of title has not been
issued
for it, operate the watercraft or outboard motor in this
state knowing that
the ownership information relating to the
watercraft or outboard motor has not
been entered into the
automated title processing system by a clerk of a court
of common
pleas; (B) Operate in this state a watercraft for which a
certificate of title is
required or
a watercraft powered by an
outboard motor for which a certificate of
title is required upon
which the certificate of title has been canceled; (C) Fail to surrender any certificate of title upon
cancellation of
the
same
it
by the chief of the division of
watercraft and notice
thereof
of the
cancellation as prescribed
in
Chapter 1548. of the Revised Code
this chapter; (D) Fail to surrender the certificate of title to
the
a
clerk
of
the
a court of
common pleas as provided in
Chapter
1548.
of the Revised Code
this
chapter, in case of the
destruction or
dismantling or change of a watercraft or outboard
motor in such
respect that it is not the watercraft or outboard
motor described
in the
certificate of title; (E) Violate
sections 1548.01 to 1548.21 of the Revised Code,
any
provision of this chapter for which no
penalty is otherwise
provided, or any lawful rules
or regulations promulgated
adopted
pursuant
to
such sections
this chapter; (F) Operate in this state a watercraft or outboard motor
knowing
that the certificate of title to or ownership of the
watercraft or outboard
motor as otherwise
reflected in the
automated title processing system has been canceled.
Sec. 1548.19. No person shall
do any of the following: (A) Procure or attempt to procure a certificate of title
to
a watercraft or outboard motor, or pass or attempt to pass a
certificate of title or any assignment
thereof
of a certificate of
title to a watercraft or
outboard motor,
or in any other manner
gain or attempt to gain ownership of a watercraft or outboard
motor, knowing or having reason to believe that
such
the
watercraft or outboard motor has been stolen; (B) Sell or offer for sale in this state a watercraft or
outboard motor on which the manufacturer's or assigned serial
number has been destroyed, removed, covered, altered, or defaced
with knowledge of
such
the destruction, removal, covering,
alteration, or defacement of
such
the manufacturer's or assigned
serial number; (C) Sell or transfer a watercraft or outboard motor
without
delivering to the purchaser or transferee
thereof
of it
a
certificate of title, or a manufacturer's or importer's
certificate
thereto
to it, assigned to
such
the purchaser as
provided
for
in
such sections
this chapter, except as otherwise
provided in
this
chapter.
Sec. 1548.20.
(A) Chapter 1309. of the Revised Code does
not
permit or require the deposit, filing, or other
records
record of
a
security
interest covering a watercraft or outboard
motor for
which a certificate of
title is required. Any
security agreement
covering a security interest in a
watercraft
or outboard motor,
if
it is accompanied by delivery of
a
manufacturer's or
importer's
certificate and followed by actual
and
continued
possession of
that certificate by the holder of
the instrument,
or,
in the case
of a certificate of title, if a
notation of the
instrument
security agreement has
been made by
the
a clerk of
the
a court of common
pleas on the
face of
the
certificate
of title or the clerk has entered a notation of the
agreement into the automated title processing system and a
physical certificate of title for the watercraft or outboard motor
has not been issued, shall be valid as against
the creditors
of
the
debtor, whether
armed with process or not,
and against
subsequent
purchasers, secured parties,
and other
lienholders or
claimants.
All
security interests, liens, mortgages, and
encumbrances
noted upon
entered into the automated title
processing system in relation to a particular certificate of
title, regardless of whether a
physical
certificate of
title
shall
is issued, take priority according
to the order
of
time in
which
they are
noted
thereon
entered into the automated title
processing system by the
clerk. Exposure for
sale
of any
watercraft or outboard motor
by its owner, with the
knowledge
or
with the knowledge and
consent of the holder of any
security
interest, lien,
mortgage, or
encumbrance
thereon
on the
watercraft or outboard
motor, shall not render the
security
interest lien,
mortgage, or encumbrance
ineffective as against
the creditors of
the owner or against
holders of
subsequent
security interests, liens, mortgages, or
encumbrances upon the
watercraft or outboard
motor. (B) If
the
a secured party presents
evidence of the security
agreement
interest to
the
a
clerk of
the
a court of common pleas
of the county in which the
certificate of title was
issued
together with the certificate of
title, if a physical certificate
of title for the watercraft or
outboard motor exists, and the fee
prescribed by
section 1548.10
of the
Revised
Code, the clerk,
unless the secured party
specifically requests the clerk not to
issue a physical
certificate of title, shall issue a new original
certificate of
title
from
the
automated title processing
records. The new
certificate
shall indicate the
lien or
security interest and the
date of
that
encumbrance
the security
interest. The clerk also
shall note the
lien or
security
interest and
the
its date
thereof in
his
the clerk's
files
and
enter that information into the automated title processing system,
and on that
day shall notify
the
chief of the division
of
watercraft. The
clerk shall
indicate by appropriate
notation on
the
security agreement
itself the fact that the
lien or
security
interest
has been noted
on the certificate of title. When the lien or
(C) If a security interest is
fully
discharged
as a result of its holder's receipt of good funds in
the correct amount and if the holder holds a physical certificate
of title, the holder
thereof shall
note the discharge
of
the
security interest over
his
the holder's
signature
on the face
of
the certificate of title,
or, if there
is not
sufficient
space
for the notation on the face of
the
certificate of
title,
he
the
holder shall note the discharge
over the holder's
signature on a
form
prescribed
by the
chief.
Prior
Except as
otherwise provided
in this section, prior
to delivering the
certificate
of title to
the owner, the
holder or
his
the
holder's
agent shall
present it
convey the certificate of title or a
separate sworn statement of
the discharge of the security interest
and any
additional
information the chief requires to
the
a clerk
for
the
purpose of
having. The conveyance shall occur not more
than seven business
days after the date
good funds in
the correct amount to fully
discharge the
security interest have been credited to
an account
of the holder, provided the
holder has been provided accurate
information concerning the watercraft or
outboard motor.
Conveyance of the certificate of title or
separate sworn statement
of the discharge within the required
seven business days may be
indicated by postmark or receipt by a
clerk within that period.
If
the discharge of the security
interest appears to be genuine,
the
clerk
shall note the discharge
of the
lien or
security
interest
on the face of the certificate
of title, if it was so
conveyed,
and note it in the automated
title processing system
and
upon the
records of the
clerk.
If
the discharge appears to
be
genuine, the
clerk shall note
it on
the certificate of title,
and
he
also
shall note
the discharge
on
his records and
notify
the chief,
who shall note the
discharge.
(D)(1) In all cases, a secured party may choose to present a
clerk with evidence of a security interest via electronic means,
and the clerk shall enter the security interest into the automated
title processing system. A secured party also may choose to
notify a clerk of the discharge of its security interest via
electronic means, and the clerk shall enter the cancellation into
the automated title processing system.
(2) In the case of a security interest that is being
satisfied by a watercraft dealer to whom a certificate of title is
being transferred, the cancellation of the security interest shall
occur during the course of the transfer. The dealer shall submit
a discharge request to the secured party. A discharge request
shall include good funds in the correct amount to fully discharge
the security interest and accurate information concerning the
watercraft or outboard motor.
(3)(a) Upon receiving a discharge request that complies
with division (D)(2) of this section, except as otherwise provided
in this division, a secured party shall convey the certificate of
title, with the discharge of the security interest noted on its
face, to the dealer within seven business days after the date good
funds in the correct
amount to fully discharge the security
interest have been credited to an account of
the secured party.
If a secured party is unable to convey to the dealer a
certificate of title within the required seven business days, the
secured party instead shall convey to the dealer an affidavit
stating that the security interest has been discharged, together
with payment for a duplicate certificate of title, within that
period.
(b) Conveyance of a certificate of title, or affidavit and
required
payment, from a secured party to a dealer under the
circumstances described in division (D)(3)(a) of this section
within the required seven business days may be indicated by a
postmark within
that period.
(4) A secured party is liable to a dealer for a late fee of
ten dollars per day for each certificate of title, or affidavit
and required payment, conveyed to the dealer more than seven
business days but less than twenty-one days after the date
specified in division (D)(3)(a) of this section and, from then on,
twenty-five dollars per day until the certificate of title, or
affidavit and required payment, are conveyed to the dealer.
(E) If a physical certificate of title has not been issued
for a watercraft or outboard motor and all the security interests
relating to that watercraft or outboard motor have been
discharged, the owner of the watercraft or outboard motor may
obtain a physical certificate of title from the clerk of any court
of common pleas upon payment of the fee specified in section
1548.10 of the Revised Code.
(F) If a clerk of a court of common pleas, other than the
clerk of the court of common pleas of the county in which the
owner of a watercraft or outboard motor resides, enters a notation
of the existence of, or the cancellation of, a security interest
relating to the watercraft or outboard motor, the clerk shall
transmit the data relating to the notation to the
automated title
processing system.
(G) The electronic transmission of security interest and
other information under this section shall comply with rules
adopted by the registrar of motor vehicles under section 4505.13
of the Revised Code.
(H) As used in this section:
(1) "Accurate information" means the serial number of the
watercraft or outboard motor, if any; the make and model of the
watercraft or outboard motor; and the name and address of the
owner of the watercraft or outboard motor as they appear on the
certificate of title that is to be conveyed.
(2) "Good funds" has the same meaning as in section 4505.13
of the Revised Code.
(3) "Watercraft dealer" has the same meaning as in section
1547.01 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" or
"truck" 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 meets all of the following conditions: (1) It is designed
for the sole purpose of recreational
travel. (2) It is not used for the purpose of engaging in business
for profit. (3) It is not used for the purpose of engaging in intrastate
commerce. (4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended. (5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code. (6) It is classed as one of the following: (a)
"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. (b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping. (c)
"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. (d)
"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. (e)
"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,
or 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,
and
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. (MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by 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. (SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section.
Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may
designate the county auditor in each county a deputy registrar.
If
the population of a county is forty thousand or less according
to
the last federal census and if the county auditor is
designated by
the registrar as a deputy registrar, no other
person need be
designated in the county to act as a deputy
registrar.
In (b) For three years after the effective date of this
amendment, the registrar may designate a clerk of a court of
common pleas as a deputy registrar if the population of the county
is forty thousand or less according to the last federal
census.
All fees collected and retained by a clerk for conducting deputy
registrar services shall be paid into the county treasury to the
credit of the certificate of title administration fund created
under section 325.33 of the Revised Code. (c) In all
other instances, the registrar shall contract
with
one or more
other persons in each county to act as deputy
registrars.
Deputy (2) Deputy registrars shall accept applications for the
annual license tax
for any vehicle not taxed under section
4503.63
of the Revised
Code and shall assign distinctive numbers
in the
same manner as
the registrar. Such deputies shall be
located in
such locations
in the county as the registrar sees
fit. There
shall be at least
one deputy registrar in each
county. Deputy registrar contracts are subject to the provisions of
division (B) of section 125.081 of the Revised Code. (B) The registrar shall not contract with any person to
act
as a deputy registrar if the person or, where applicable,
his
the
person's spouse or a member of
his
the person's
immediate family
has made, within the current calendar year or any one of the
previous three calendar years, one or more contributions totaling
in excess of
one
hundred dollars to any person or entity included
in division
(A)(2) of section
102.021
4503.033 of the Revised
Code. As
used in this
division,
"immediate family" has the same
meaning as
in division
(D) of section 102.01 of the Revised Code,
and
"entity"
includes
any political party and any
"continuing
association" as
defined
in division (B)(4) of section 3517.01 of
the Revised Code
or
"political action committee" as defined in
division (B)(8) of
that section that is primarily associated with
that political
party. For purposes of this division,
contributions to any
continuing association or any political
action committee that is
primarily associated with a political
party shall be aggregated
with contributions to that political
party. The contribution limitations contained in this division do
not apply to any county auditor
or clerk of a court of common
pleas. The registrar shall not contract with either of the
following
to act as a deputy registrar: (1) Any elected public official other than a county
auditor
or, as authorized by division (A)(1)(b) of this section, a clerk
of a court of common pleas,
acting in
his
an official
capacity; (2) Any person holding a current, valid contract to
conduct
motor vehicle inspections under section 3704.14 of the
Revised
Code. (C) Deputy registrars are independent contractors and
neither they nor their employees are employees of this state,
except that nothing in this section shall affect the status of
county auditors
or clerks of courts of common pleas as public
officials, nor the status of their
employees as employees of any
of the counties of this state,
which
are political subdivisions of
this state. Each deputy
registrar
shall be responsible for the
payment of all
unemployment
compensation premiums, all workers'
compensation
premiums, social
security contributions, and any and
all taxes
for which
he
the
deputy registrar is legally
responsible. Each
deputy registrar
shall comply with all
applicable federal, state, and local
laws
requiring the
withholding of income taxes or other taxes from the
compensation
of
his
the deputy registrar's employees. Each
deputy
registrar
shall maintain during the entire term of
his
the
deputy
registrar's contract a policy of business liability insurance
satisfactory to the registrar and shall hold the department of
public safety,
the director of public safety, the bureau of motor
vehicles, and the registrar
harmless upon any and all claims for
damages arising out of the operation of
the deputy registrar
agency. (D)(1) With the approval of the director, the registrar
shall
adopt rules governing the terms of the contract between the
registrar and each deputy registrar and specifications for the
services to be performed. The rules shall include specifications
relating to the amount of bond to be given as provided in this
section; the size and location of the deputy's office;
and the
leasing
of equipment necessary to conduct the vision screenings
required
under section 4507.12 of the Revised Code, and training
in the use
of the equipment. The specifications shall permit and
encourage
every deputy registrar to inform the public of the
location of
his
the deputy registrar's office and hours of
operation by means of
public service announcements and allow any
deputy
registrar to
advertise in regard to the operation of the
deputy registrar's
office. The
rules also shall include
specifications for the hours
the
deputy's office is to be open to
the public and shall require
as
a minimum that one deputy's office
in each county be open to
the
public for at least four hours each
weekend, provided that if
only one deputy's office is located
within the boundary of the
county seat, that office is the office
that shall be open for the
four-hour period each weekend, and that
every deputy's office in
each county shall be open to the public
until six-thirty p.m. on
at least one weeknight each week. The
rules also shall include
specifications providing that every
deputy in each county, upon
request, provide any person with
information about the location
and office hours of all deputy
registrars in the county and that
every deputy
registrar
prominently display within
his
the deputy's office, the toll-free
telephone number of the bureau.
The
rules shall not prohibit the
award of a deputy registrar
contract to a
nonprofit corporation
formed under the laws of this
state. The rules shall
prohibit any
deputy registrar from
operating more than one such
office at any
time, except that the
rules may permit a nonprofit
corporation
formed for the purposes
of providing
automobile-related services
to its members or the
public and that
provides such services from
more than one location
in this state
to operate a deputy registrar
office at any such
location,
provided that the nonprofit
corporation operates no more
than one
deputy registrar office in
any one county. The rules may
include
such other specifications
as the registrar and director
consider
necessary to provide a high
level of service. (2) With the prior approval of the registrar, each deputy
registrar may conduct at the location of the deputy registrar's
office any business that is consistent with the functions of a
deputy registrar and that is not specifically mandated or
authorized by this or another chapter of the Revised Code or by
implementing rules of the registrar. (3) As used in this section and in section 4507.01 of the
Revised
Code,
"nonprofit corporation" has the same meaning as in
section
1702.01 of the Revised Code. (E) Unless otherwise terminated and except for interim
contracts of less than one year, contracts with deputy registrars
shall be for a term of at least two years, but no more than three
years, and all contracts effective on or after July 1, 1996, shall
be for a term of more than two years, but not more than three
years. All contracts with deputy registrars shall expire on the
thirtieth day of June in the year of their expiration. The
auditor of state may examine the accounts, reports, systems, and
other data of each deputy registrar at least every two years.
The
registrar, with the approval of the director, shall
immediately
remove a deputy who violates any provision of the
Revised Code
related to
his
the duties as a deputy, any rule
adopted by the
registrar, or a term of
his
the deputy's contract
with the
registrar. The registrar also may remove a deputy who, in the
opinion of the registrar, has engaged in any conduct that is
either unbecoming
to one representing this state or is
inconsistent with the
efficient operation of the deputy's office.
Upon removal of a
deputy registrar for contract violation, the
auditor of state
shall examine the accounts, records, systems, and
other data of
the deputy registrar so removed. If the registrar, with the approval of the director,
determines that there is good cause to believe that a deputy
registrar or a person proposing for a deputy registrar contract
has engaged in any conduct that would require the denial or
termination of the deputy registrar contract, the registrar may
require the production of
such books, records, and papers as
he
the
registrar determines are necessary, and may take the
depositions of
witnesses residing within or outside the state in
the same manner
as is prescribed by law for the taking of
depositions in civil
actions in the court of common pleas, and for
that purpose the
registrar may issue a subpoena for any witness or
a subpoena
duces tecum to compel the production of any books,
records, or
papers, directed to the sheriff of the county where
the witness
resides or is found. Such a subpoena shall be served
and
returned in the same manner as a subpoena in a criminal case
is
served and returned. The fees and mileage of the sheriff and
witnesses shall be the same as that allowed in the court of
common
pleas in criminal cases and shall be paid from the fund in
the
state treasury for the use of the agency in the same manner
as
other expenses of the agency are paid. In any case of disobedience or neglect of any subpoena
served
on any person or the refusal of any witness to testify to
any
matter regarding which
he
the witness lawfully may be
interrogated, the court of common pleas of any county where the
disobedience,
neglect, or refusal occurs or any judge
thereof
of
that court, on
application
by the registrar, shall compel
obedience by attachment
proceedings for contempt, as in the case
of disobedience of the
requirements of a subpoena issued from
such
that court, or a refusal
to
testify
therein
in that court. Nothing in this division shall be construed to require a
hearing of any nature prior to the termination of any deputy
registrar contract by the registrar, with the approval of the
director, for cause. (F) Except as provided in section 2743.03 of the Revised
Code, no court, other than the court of common pleas of Franklin
county, has jurisdiction of any action against the department of
public safety, the director, the bureau, or the registrar to
restrain the exercise of any power or authority
nor, or to
entertain
any action for declaratory judgment, in the selection
and
appointment of, or contracting with, deputy registrars.
Neither
the department, the director, the bureau, nor the
registrar is
liable in any action at law for damages sustained by
any person
because of any acts of the department, the director,
the bureau,
or the registrar,
nor
or of any employee of the
department or bureau, in
the performance of
his
official duties in
the selection and
appointment of, and contracting with, deputy
registrars. (G) The registrar shall assign to each deputy registrar a
series of numbers sufficient to supply the demand at all times in
the area the deputy registrar serves, and the registrar shall
keep
a record in
his
the registrar's office of the numbers
within the
series assigned. Each deputy shall be required to give bond in
the
amount of at least twenty-five thousand dollars, or in such
higher amount as the registrar determines necessary, based on a
uniform schedule of bond amounts established by the registrar and
determined by the volume of registrations handled by the deputy.
The form of the bond shall be prescribed by the registrar. The
bonds required of deputy registrars, in the discretion of the
registrar, may be individual or schedule bonds or may be included
in any blanket bond coverage carried by the department. (H) Each deputy registrar shall keep a file of each
application received by
him
the deputy and shall register that
motor vehicle with the name and address of
the
its owner
thereof. (I) Upon request, a deputy registrar shall make the
physical
inspection of a motor vehicle and issue the physical
inspection
certificate required in section 4505.061 of the
Revised Code. (J) Each deputy registrar shall file a report
semi-annually
with the registrar of motor vehicles listing the
number of
applicants for licenses
he
the deputy has served, the
number of
voter registration applications
he
the deputy has
completed and
transmitted to the board of elections, and the number of voter
registration applications declined. Sec. 4503.035. The registrar of motor vehicles shall
designate as
an electronic motor vehicle dealer a motor vehicle
dealer who meets all
of the following criteria: (A) The dealer holds a current, valid dealer license issued
under
Chapter 4517. of the Revised Code. (B) The dealer participates in the title defect recision
fund
created by section 1345.52 of the Revised Code. (C) The dealer has the capability, via electronic means, to
send
motor vehicle title and registration information, as
specified by the
registrar, to the registrar and clerks of the
courts of
common pleas. (D) The dealer meets other criteria for electronic motor
vehicle
dealers that the registrar may establish by rule adopted
under
Chapter 119. 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
the chief of
police of the
municipal
corporation 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
apply for
or 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, 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
apply
for or 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
an applicant first registers a motor
vehicle
in the applicant's name, the
applicant shall present for
inspection a
physical
certificate of title or
a memorandum
certificate
showing title to
the motor vehicle to be registered in
the
applicant
if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised
Code, a clerk instead has issued an electronic certificate of
title for the applicant's motor vehicle, that certificate may be
presented for inspection at the time of first registration in a
manner prescribed by rules adopted by the registrar. 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
or, in the case of an
electronic certificate of title, is not presented in a manner
prescribed by the registrar's rules. (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
or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and
with a stamp 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
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, 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
registrations. (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
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
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
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. 4503.182. (A) A purchaser of a motor
vehicle, upon
application and proof of purchase of the vehicle, may be
issued
a
temporary license placard or windshield sticker for the
motor
vehicle. The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been
issued
previously
during the
current registration year a license plate
that could
legally be transferred to
such
the vehicle. Placards or windshield stickers shall be issued only for
the
applicant's use of the vehicle to enable
the
applicant to legally
operate the motor vehicle while proper title,
license plates, and
a certificate of registration
are being obtained, and shall be
displayed on no
other motor vehicle. Placards or windshield stickers issued under this section
are
valid for a period of thirty days from date of
issuance
and are
not transferable or renewable. The fee for
such
the placards or windshield stickers is
two
dollars plus a
deputy registrar service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents
commencing on January 1, 2003, and three dollars
and fifty
cents
commencing on January 1, 2004, for
each
such
placard issued
by a
deputy registrar. (B) The registrar of motor vehicles may issue to a
motorized
bicycle dealer or a licensed motor vehicle dealer
temporary
license placards to be issued to purchasers for use on
vehicles
sold by the
licensed dealer, in accordance with
rules
prescribed
by the registrar. The dealer shall notify the
registrar, within
forty-eight hours
of proof, of
the issuance
on
of a
form
prescribed
placard by
the
registrar
electronic
means via computer
equipment purchased and
maintained by the
dealer or in any other
manner prescribed by the
registrar. The fee for each
such placard issued by the registrar to
a
licensed motor vehicle dealer is
two dollars plus a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004. (C) The registrar of motor vehicles, at the
registrar's
discretion, may issue a temporary license placard. Such a
placard
may
be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle. (D) The registrar shall adopt
rules, in accordance with
division (B) of section 111.15 of the
Revised Code, to specify the
procedures for reporting the
information from applications for
temporary license placards
and windshield stickers and for
providing the information from these
applications to law
enforcement agencies. (E) Temporary license
placards issued under this section
shall bear a distinctive combination of
seven
letters, numerals,
or letters and numerals, and shall incorporate
a security feature
that, to the greatest degree possible, prevents tampering
with any
of the information that is entered upon a placard when it is
issued. (F) As used in this section, "motorized bicycle dealer"
means any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4505.021. The owner of a motor vehicle shall apply for
a
certificate of title for the vehicle when required by this
chapter, but, except as otherwise specifically required in this
chapter, the
owner may elect whether or not to have the clerk of
the court of
common pleas to whom the certificate of title
application is
submitted issue a physical certificate of title
for
the motor
vehicle, as provided in section 4505.08 of the
Revised
Code. Except as otherwise specifically provided in this chapter,
any provision of
this chapter relating to the cancellation,
issuance, or surrender of a
certificate of title, including, but
not limited to, provisions
that contain a phrase such as
"when a
certificate of title is
issued,"
"the clerk shall issue a
certificate of title," or
"the
person shall obtain a certificate
of title to the motor vehicle,"
or another phrase of similar
import, shall include those
circumstances when a clerk enters
certificate of title information
into the automated title
processing system, but does not take any
further action relating
to a physical certificate of title for the
motor vehicle. Sec. 4505.03. No person, except as provided in
section
sections
4505.032 and 4505.05 of the Revised
Code, shall sell or
otherwise dispose of a motor vehicle without delivering to
the
buyer or transferee
thereof
of it a certificate of title
with
such
an
assignment
thereon
on it as is necessary to show title in
the
buyer or transferee; nor shall
any person, except as
provided in
section
4505.032
or 4505.11
of the Revised Code,
buy or otherwise
acquire a motor vehicle without obtaining a
certificate
of title
for it in the person's name in accordance
with
this chapter.
Sec. 4505.032. (A)(1) If a person who is not an electronic
motor
vehicle dealer owns a motor vehicle for which a physical
certificate of title
has not been issued by a clerk of a court of
common pleas and the person sells the motor vehicle to an
electronic motor vehicle dealer, the person is not required to
obtain a physical certificate of title to the motor vehicle in
order to transfer ownership to the dealer. The person shall
present the dealer, in a manner approved by the registrar of motor
vehicles,
with sufficient proof of the person's identity
and
complete and sign a form prescribed by the registrar
attesting to
the person's identity and assigning the
motor vehicle to the
dealer. The electronic motor vehicle dealer
then shall inform a
clerk of a court of common pleas via electronic means of
the sale
of
the motor vehicle and assignment of ownership of the vehicle
to
the dealer. The clerk shall enter the information relating to
the
assignment, including, but not limited to, the odometer
disclosure
statement
required by section 4505.06 of the Revised
Code, into
the automated title processing system,
and
ownership
of the
vehicle passes to the dealer when the clerk
enters this
information into the
system. The dealer is not required to
obtain
a certificate of
title to the vehicle in the dealer's
name. (2) A clerk shall charge and collect from a dealer a fee of
five
dollars for
each motor vehicle assigned to the dealer under
division (A)(1) of this section. The fee shall
be distributed in
accordance with section
4505.09 of the Revised Code. (B) If a person who is not an electronic motor vehicle
dealer
owns a motor vehicle for which a physical certificate of
title has
not been issued by a clerk of a court of common pleas
and the person sells the
motor vehicle to a person who is not an
electronic motor vehicle dealer, the
person shall obtain a
physical certificate of title to the motor
vehicle in order to
transfer ownership of the vehicle to the
person who is not an
electronic motor vehicle dealer. Sec. 4505.04. (A) No person acquiring a motor vehicle
from
its owner, whether the owner is a manufacturer, importer,
dealer,
or any other person, shall acquire any right, title,
claim, or
interest in or to the motor vehicle until there is issued to
the
person a certificate of title to the motor
vehicle, or
there is
delivered to the person a manufacturer's or
importer's
certificate
for it,
or a certificate of title to it
is assigned
as authorized
by
section 4505.032 of the Revised Code; and no
waiver or
estoppel
operates in favor
of such person against a
person having
possession of the
certificate of title to, or
manufacturer's or
importer's
certificate for, the motor vehicle,
for a valuable
consideration. (B) Subject to division (C) of this section, no court
shall
recognize the right, title, claim, or interest of any
person in
or
to any motor vehicle sold or disposed of, or
mortgaged or
encumbered, unless evidenced: (1) By a certificate of title,
an assignment of a
certificate of title made under section
4505.032 of the Revised
Code,
a manufacturer's or
importer's certificate, or a certified
receipt of title
cancellation to an exported motor vehicle issued
in accordance
with sections 4505.01 to 4505.21 of the Revised
Code; (2) By admission in the pleadings or stipulation of the
parties; (3) In an action by a secured party to enforce a security
interest perfected under
sections 1309.01 to 1309.50
Chapter 1309.
of the
Revised Code in accordance with division (A) of section
4505.13
of the Revised Code, by an instrument showing a valid
security
interest. (C)(1) As used in division (C) of this section: (a)
"Harm" means damage or other loss. (b)
"Lease agreement" includes a sublease agreement as
defined in
division (C)(1)(d) of this section. (c)
"Lessee" includes a sublessee under a sublease
agreement,
but only if the sublessee is a motor vehicle leasing
dealer
licensed under Chapter 4517. of the Revised Code. (d)
"Sublease agreement" means a lease of a motor
vehicle
between a motor vehicle leasing dealer licensed under
Chapter
4517. of the Revised Code and a second such duly licensed motor
vehicle leasing dealer. (e)
"Tort action" means a civil action for damages for
harm
to a motor vehicle, other than a civil action for damages
for a
breach of contract or another agreement between persons. (2) Notwithstanding divisions (A) and (B) of
this section,
if a
motor vehicle that is the subject of a lease agreement
sustains
harm during the term of that agreement and if all of the
following conditions are satisfied, the lessee may commence a
tort
action in the lessee's own name to recover damages for
the
harm
from
the person allegedly responsible for it: (a) The lessee shall file with and attach to the complaint
in the tort action a copy of the lease agreement pursuant to
which
the lessee is responsible for damage to the motor
vehicle,
for
purposes of establishing the ownership of the motor
vehicle
and
the interest of the lessee in it;. (b) The harm to the motor vehicle shall be such that,
under
the lease agreement, the lessee bringing the action is legally
responsible for
the repair of the harm;. (c) The lessee shall cause a copy of the complaint in the
tort action to be served upon the owner of the motor vehicle and
upon any
other lessee of the vehicle in
accordance with the
Rules
of Civil Procedure.
Sec. 4505.06. (A)(1) Application for a certificate of title
shall be made in a form prescribed by the registrar of motor
vehicles, and shall be sworn to before a notary public or other
officer empowered to administer oaths. The application shall be
filed with the clerk of
the
any court of common pleas
of the
county
in which the applicant resides if the applicant is a
resident of
this state or, if not a resident, in the county in
which the
transaction is consummated.
An application for a
certificate of title may be filed
electronically by
any
electronic
image transmission
means approved by the registrar in
any county
in
which
with the clerk of the court of common pleas
permits an
application to be filed electronically. The
signature of an
officer empowered to administer oaths that
appears
on an
application for a certificate of title, or on any
other
document
required to be filed by this chapter that has
been filed
electronically, is
not a facsimile signature as
defined in section
9.10 of the
Revised Code
of that county. Any
payments required by
this chapter
shall be considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer of
funds. (2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code; and
if. The fee shall be retained by the clerk who
issues the
certificate of title and shall be distributed in
accordance with that section.
If a clerk of a court of common
pleas, other than the clerk of the court of
common pleas of an
applicant's county of residence, issues a certificate of
title to
the applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system. (3) If a certificate of title previously has been issued for
the
a
motor vehicle in this state,
it
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2106.17 of
the Revised Code. The clerk
shall retain
the
evidence of title
presented by the applicant and
on which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically by
an
electronic motor vehicle
dealer on behalf of the
purchaser of a
motor vehicle, the clerk
shall retain the completed electronic
record to which the dealer
converted the certificate of title
application and other required
documents. The electronic motor
vehicle dealer shall forward the
actual application and all other documents relating to the sale of
the motor vehicle to any clerk within thirty days after the
certificate of title is issued. The registrar, after consultation
with the attorney general, shall adopt rules that govern the
location at which, and the manner in which, are stored the actual
application and all other documents relating to the sale of a
motor vehicle when an electronic motor vehicle dealer files the
application for a certificate of title electronically on behalf of
the purchaser.
The The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office;
if.
If the
clerk is satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal
unless
the
applicant specifically
requests the clerk not to issue a
physical certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation, but has not canceled
the lien notation with
the
a
clerk
of
the county of origin, the
clerk may cancel the lien notation on
the automated title
processing system and notify the clerk of the
county of origin. (4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
the
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement. In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
In (5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer is liable to a secured party for a late fee of ten dollars
per day for each certificate of title application and payment of
the applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
that
the period
specified in division (A)(5)(b) of
this section, the clerk
shall collect a fee of
five dollars for
the issuance of the
certificate, except that no
such fee shall
be required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made. (6) As used in
this division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code. (B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code. For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
which shall be paid
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk an amount equal to the poundage fees associated with
certificates of title issued by other clerks of courts of common
pleas to applicants who reside in the first clerk's county. The
registrar, in consultation with the tax commissioner and the
clerks of the courts of common pleas, shall develop a report from
the automated title processing system that informs each clerk of
the amount of the poundage fees that the clerk is permitted to
retain from those taxes because of certificates of title issued by
the clerks of other counties to applicants who reside in the first
clerk's county. In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax. (C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter. The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. (2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
surviving spouse pursuant to section
2106.17,
2106.18, or 4505.10
of the Revised Code, or in
connection with the
creation of a
security interest. (D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
When
The
clerk shall not retain a poundage fee from payments of taxes by
persons who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk an amount equal to the poundage fees associated with
certificates of title issued by other clerks of courts of common
pleas to applicants who reside in the first clerk's county. The
registrar, in consultation with the tax commissioner and the
clerks of the courts of common pleas, shall develop a report from
the automated title processing system that informs each clerk of
the amount of the poundage fees that the clerk is permitted to
retain from those taxes because of certificates of title issued by
the clerks of other counties to applicants who reside in the first
clerk's county. When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
such
those sales. (E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
or money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund. The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish such
information to the
commissioner as the
commissioner requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in accordance
with
procedures agreed
upon by the tax commissioner. The
commissioner may collect
taxes
due by assessment in the manner
provided in section 5739.13 of the
Revised Code. Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
which shall be no
greater than that amount necessary to compensate the clerk
for
banking charges, legal fees, or other expenses incurred by the
clerk in
collecting the returned or dishonored payment. The
remedies and procedures
provided in this section are in addition
to any other available civil or
criminal remedies. Subsequently
collected penalties, poundage
fees, and title
fees, less
any
title
fee
due the state, from returned or dishonored payments
collected
by
the clerk shall be paid into the certificate of
title
administration fund.
Subsequently collected taxes, less
poundage
fees,
shall be sent by the clerk to the
treasurer of
state
at the next
scheduled periodic remittance of tax payments,
with
such
information as the commissioner may require. The clerk
may
abate
all or any part of any penalty assessed under this
division. (F) In the following cases, the clerk shall accept for
filing
such
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax: (1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code; (2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code; (3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code; (4) When the purchaser is the federal government; (5) When the motor vehicle was purchased outside this
state
for use outside this state; (6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 of the Revised Code, and
upon
presentation of a copy of the affidavit provided by that
section,
and a copy of the exemption certificate provided by
section
5739.03 of the Revised Code. The clerk shall forward all payments of taxes, less
poundage
fee
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
such information
to
the
commissioner as the commissioner requires. (G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." (H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving such certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4505.062. Notwithstanding any general requirement in
this chapter to the effect that an application for a certificate
of title to a motor vehicle shall be "sworn to" or shall be "sworn
to before a notary public or other officer empowered to administer
oaths," that requirement shall apply only in the case of a
transfer of a motor vehicle between parties in the course of a
casual sale, as defined in section 4517.01 of the Revised Code. Sec. 4505.08. (A)
The
When the clerk of
the
a
court of
common pleas
issues a physical certificate of title, the clerk
shall issue
certificates
the certificate of title in duplicate.
One copy
shall
be retained and filed by the clerk in the
clerk's
office. The clerk shall sign
and affix the clerk's seal
to the
original certificate of
title and, if
there are no liens
on the
motor vehicle, shall deliver the
certificate to the
applicant or
the selling dealer. If there are one or more
liens
on
the motor
vehicle, the certificate of title shall be
delivered to
the holder
of the first lien or the selling dealer,
who shall deliver the
certificate of title to the holder of the
first lien. The registrar of motor vehicles shall prescribe a uniform
method of numbering
certificates of title, and such numbering
shall be in such manner
that the county of issuance is indicated.
The clerk shall assign
numbers to certificates of title in the
manner prescribed by the
registrar. The clerk shall file all
certificates of title
according to
regulations
rules to be
prescribed by the registrar, and
the clerk shall maintain in the
clerk's office indexes for
the certificates of title. The clerk need not retain on file any current
certificates
of
title, current duplicate certificates of title,
current
memorandum
certificates of title, or current salvage
certificates of title,
or supporting evidence
thereof
of them,
including the
electronic
record described in division (A) of
section 4505.06 of the
Revised Code,
covering
any motor vehicle
or
manufactured or mobile
home for a period longer
than seven
years
after the date of its
filing; thereafter, the
same
documents and
supporting evidence may
be destroyed. The clerk
need not retain
on file any
inactive
records, including
certificates of title,
duplicate
certificates
of title,
or
memorandum certificates of
title, or
supporting
evidence
thereof
of them, including the
electronic record
described in
division (A) of
section 4505.06 of the Revised Code,
covering
any motor vehicle or
manufactured or mobile home for a
period
longer than five years
after
the date of its filing;
thereafter, the
same
documents and
supporting evidence may be
destroyed.
The clerk
shall retain the
active index and all
active
records in the data base of the
computer in the clerk's
office,
and shall retain in the data base
a record and
index of
all
inactive
titles for ten years, and a
record and index of
all
inactive titles for manufactured and
mobile homes for thirty
years. If the clerk provides a written
copy of any information
contained in the data base, the copy shall
be considered the
original for
purposes of the clerk certifying
the record of such
information for use in any
legal proceeding. (B)(1) If the clerk issues a certificate of title for a
motor vehicle that was last previously registered in another
state, the clerk
shall record verbatim, where practicable, in the
space
on the title described in division (B)(19) of section
4505.07 of
the Revised Code, the words that appear as a notation
to the
vehicle on the title issued by the previous state. These
notations may include, but are not limited to, words to the
effect
that the vehicle was considered or was categorized by the
state in
which it was last previously registered to be a law
enforcement
vehicle,
or a taxicab, or was once in a flood. (2) If the clerk, while issuing a certificate of title for
a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that a title to the vehicle previously was
issued
by this state and that the previous title contained
notations
that appeared in the space described in division
(B)(19)
or
(20) of section 4505.07 of the Revised Code, the
clerk shall
enter
the notations that appeared on the previous
certificate of
title
issued by this state on the new certificate
of title in the
space
described in division (B)(19) or (20) of
section 4505.07 of
the Revised Code, irrespective of whether the
notations appear on
the
certificate of title issued by the state
in which the vehicle
was
last previously registered. (3) If the clerk, while issuing a certificate of title for
a
motor vehicle that was last previously registered in another
state, receives information from the automated title processing
system indicating that the vehicle was previously issued a title
by this state and that the previous title bore the notation
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued
by this state was a salvage certificate of title, the clerk shall
cause the certificate of title the clerk issues to bear the
notation
"REBUILT SALVAGE" in the location prescribed by the
registrar
pursuant to that division. (C) When the clerk issues a certificate of title for a motor
vehicle that was last previously registered in this state and was
a law
enforcement vehicle,
or a taxicab, or was once in a flood,
the clerk shall record
that information in the space on the title
described in division
(B)(20) of section 4505.07 of the Revised
Code. The registrar, by rule, may
prescribe any additional uses
of or happenings to a motor vehicle that the
registrar has reason
to believe should be noted on the certificate of title as
provided
in this division. (D) The clerk shall use reasonable care in recording or
entering onto titles the clerk issues any notation and
information
the clerk is required by divisions (B)
and (C) of
this section to
record or enter and
in causing the titles the
clerk issues to bear
any notation
required by those divisions,
but the clerk is not
liable for any of the clerk's errors or
omissions or those of
the
clerk's deputies, or the automated
title
processing system, in the
performance of the duties
imposed on
the clerk by this section. (E) The clerk may issue a duplicate title, when duly
applied
for, of any title that has been destroyed as herein
provided. (F)
The clerk shall issue a physical certificate of title to
an
applicant unless the applicant specifically requests the clerk
not to issue a
physical certificate of title and instead to issue
an electronic certificate
of title.
The fact that a physical
certificate of title is
not issued for a motor vehicle does not
affect ownership of the
vehicle. In that case, when the clerk
completes the process of
entering certificate of title
application
information into the
automated title processing
system, the effect
of the completion of
the process is the same
as if the clerk
actually issued a physical
certificate of title
for the motor
vehicle.
(G) An electronic motor vehicle dealer who applies for a
certificate of title on behalf of a customer who purchases a motor
vehicle
from the dealer may print a non-negotiable evidence of
ownership for the customer if the customer so requests. The
authorization to print the non-negotiable evidence of ownership
shall come from the clerk with whom the dealer makes application
for the certificate of title for the customer, but the printing by
the dealer does not create an agency relationship of any kind
between the dealer and the clerk. (H) If an electronic certificate of title previously has
been
issued for a motor vehicle, the owner of the motor vehicle
may
apply at any time to a clerk of a court of common pleas for a
non-negotiable evidence of ownership for the motor vehicle. Sec. 4505.09. (A) The clerk of
the
a court of common pleas
shall charge a fee of five dollars for each certificate of title
that is not applied for within thirty days after the assignment
or
delivery of the motor vehicle described
therein
in it. The
fees
shall be retained by the clerk. In addition to those fees, the clerk shall charge a fee of
five dollars for each certificate of title, duplicate
certificate
of title, memorandum certificate of title,
authorization to
print
a non-negotiable
evidence of ownership described in division (G)
of section 4505.08 of
the Revised Code, non-negotiable evidence
of ownership printed by the clerk under division (H) of that
section, and
notation of any lien
on a certificate of title.
The
clerk shall
retain two dollars
and
twenty-five cents of the
fee
charged for
each certificate of
title, four dollars and
seventy-five cents of
the fee charged for
each duplicate
certificate of
title, all of the fees charged for
each
memorandum certificate, authorization to print a
non-negotiable
evidence of ownership, or non-negotiable evidence of ownership
printed by the clerk,
and four dollars and
twenty-five cents of
the fee charged for
each notation of a lien. The remaining two dollars and seventy-five cents charged
for
the certificate of title, the remaining twenty-five cents
charged
for the duplicate certificate of title, and the
remaining
seventy-five cents charged for the notation of any lien
on a
certificate of title shall be paid to the registrar of motor
vehicles by monthly returns, which shall be forwarded to the
registrar not later than the fifth day of the month next
succeeding that in which the certificate is issued or that in
which the registrar is notified of a lien or cancellation
thereof
of a lien. (B)(1) The registrar shall pay twenty-five cents of the
amount received for each certificate of title and all of the
amounts received for each notation of any lien and each duplicate
certificate of title into the state bureau of motor vehicles
fund
established in section 4501.25 of the Revised Code. (2) Fifty cents of the amount received for each
certificate
of title shall be paid by the registrar as follows: (a) Four cents shall be paid into the state treasury to
the
credit of the motor vehicle dealers board fund, which is
hereby
created. All investment earnings of the fund shall be credited to
the
fund. The moneys in the motor vehicle dealers board fund
shall be used by the
motor vehicle dealers board created under
section 4517.30 of the Revised Code,
together
with other moneys
appropriated to it, in the exercise of
its powers and
the
performance of its duties under Chapter 4517. of the Revised Code,
except
that the director of budget and management may transfer
excess money from the
motor vehicle dealers board fund to the
bureau of motor vehicles fund if the
registrar determines that
the
amount of money in the motor vehicle dealers
board fund,
together
with other moneys appropriated to the
board, exceeds
the
amount
required for the exercise of its powers and the
performance of its
duties under Chapter 4517. of the Revised Code
and requests the
director to
make the transfer. (b) Twenty-one cents shall be paid into the general
revenue
fund;. (c) Twenty-five cents shall be paid into the state
treasury
to the credit of the motor vehicle sales audit fund,
which is
hereby created. The moneys in the fund shall be used by
the tax
commissioner together with other funds available
to the
commissioner to conduct a continuing investigation of
sales and
use tax returns
filed for motor vehicles in order to determine if
sales and use
tax liability has been satisfied. The commissioner
shall refer
cases of apparent violations of section 2921.13 of
the
Revised
Code made in connection with the titling or sale of
a
motor
vehicle and cases of any other apparent violations of
the
sales
or use tax law to the appropriate county prosecutor
whenever
the
commissioner considers it advisable. (3) Two dollars of the amount received by the registrar for
each certificate
of title shall be paid into the state treasury
to
the credit of the automated
title processing fund, which is
hereby
created and which shall consist of
moneys collected under
division
(B)(3) of this section and under
sections 1548.10 and
4519.59 of
the Revised Code. All
investment
earnings of the
fund shall be
credited to the fund. The moneys in the fund shall
be used as
follows: (a) Except for moneys collected under section 1548.10 of the
Revised Code
and as provided in division (B)(3)(c) of this
section,
moneys collected under division (B)(3) of this
section
shall be used to
implement and maintain an automated title
processing system for
the issuance of motor vehicle, off-highway
motorcycle, and
all-purpose vehicle certificates of title in the
offices of the clerks of the courts of common pleas;. (b) Moneys collected under section 1548.10 of the Revised
Code shall be used
to issue marine certificates of title in the
offices of the clerks of the
courts of common pleas as provided
in
Chapter 1548. of the Revised
Code. (c)
Moneys collected under division (B)(3) of this
section
shall be used in accordance with
section 4505.25 of the
Revised
Code to implement Sub. S.B. 59 of the 124th general
assembly. (C)(1) The automated title processing board is hereby
created consisting of the registrar or the registrar's
representative, a
person selected by the registrar, the president
of the Ohio
clerks of court association or the president's
representative, and two clerks
of courts of common pleas
appointed
by the governor. The
director of budget and
management or the
director's
designee, the chief of
the
division of watercraft in
the department of natural resources
or
the chief's designee, and
the tax commissioner or
the
commissioner's designee shall
be
nonvoting members of the board. (2) The automated title processing board shall determine
each of the following: (a) The automated title processing equipment and
certificates of title requirements for each county; (b) The payment of expenses that may be incurred by the
counties in implementing an automated title processing system; (c) The repayment to the counties for existing title
processing equipment. (3) The registrar shall purchase, lease, or otherwise
acquire any automated title processing equipment and certificates
of title that the board determines are necessary from moneys in
the automated title processing fund established by division
(B)(3)
of this section. Each county issuing more than one
hundred
thousand certificates of title annually, with the
approval of the
registrar and in accordance with the registrar's
requirements, may
purchase and maintain an automated title
processing
system for the
issuance of motor vehicle titles,
certificates of
title for
off-highway motorcycles and
all-purpose vehicles, and
certificates
of title for
watercraft
and outboard motors with the cost of
the
system paid for from
the automated processing title fund. (D) All counties shall conform to the requirements of the
registrar regarding the operation of their automated title
processing system for motor vehicle titles, certificates of title
for off-highway motorcycles and all-purpose vehicles, and
certificates of title for
watercraft and outboard motors.
Sec. 4505.10. (A) In the event of the transfer of
ownership
of
a motor vehicle by operation of law, as upon
inheritance,
devise
or, bequest, order in bankruptcy, insolvency,
replevin, or
execution sale, a motor vehicle is sold
to satisfy
storage or
repair charges, or repossession is had upon
default in
performance
of the terms of a security agreement as
provided in
Chapter 1309.
of the Revised Code
and the secured party has
complied with the
repossession requirements of section 1309.46 of
the Revised Code
and all of the requirements of section 1309.47 of
the Revised
Code, including the notice requirements,
the
a clerk
of
the
a
court of
common pleas
of the county in which the last
certificate
of title
to the motor vehicle was issued, upon the
surrender of
the prior
certificate of title or the manufacturer's
or
importer's
certificate, or, when that is not possible, upon
presentation of
satisfactory proof to the clerk of ownership and
rights of
possession to the motor vehicle, and upon payment of
the
fee
prescribed in section 4505.09 of the Revised Code and
presentation
of an application for certificate of title, may
issue
to the
applicant a certificate of title to the motor
vehicle.
Only
an
affidavit by the person or agent of the person
to whom
possession
of the motor vehicle has passed, setting forth
the
facts entitling
the person to the possession and
ownership,
together
with a copy
of the journal entry, court order, or
instrument upon
which the
claim of possession and ownership is
founded, is
satisfactory
proof of ownership and right of
possession. If the
applicant
cannot produce that proof of
ownership, the
applicant may apply
directly to the registrar of
motor vehicles and submit the
evidence the applicant has, and the
registrar, if
the registrar
finds the evidence
sufficient, then
may authorize
the
a clerk to
issue a certificate
of title. If,
from
the records in the office
of the clerk
involved, there
appears to be any
lien on the motor
vehicle,
the certificate of
title shall contain
a statement of the
lien
unless the
application
is accompanied by
proper evidence of
its
extinction. (B)
The
A clerk shall transfer a decedent's interest in one
or
two automobiles to the surviving spouse of the decedent,
as
provided in section 2106.18 of the Revised Code, upon receipt of
the title
or titles.
An affidavit executed by the
surviving
spouse shall be submitted to the clerk with
the title or titles.
The affidavit shall give the date of death of the
decedent, shall
state that
each
automobile for which the decedent's interest is to
be so transferred is not
disposed of by testamentary disposition,
and
shall provide an
approximate value for each automobile
selected to be transferred by the
surviving spouse. The affidavit
shall also contain a description for each
automobile for which the
decedent's interest is to be so
transferred. The transfer does
not affect any liens upon any
automobile for which the decedent's
interest is so transferred. (C) Upon the death of one of the persons who have
established joint ownership
with right of survivorship under
section 2106.17 of the Revised Code in a
motor vehicle, and upon
presentation to
the
a clerk of the title and the
certificate of
death of the decedent, the clerk shall transfer title to the
motor
vehicle to the survivor. The transfer does not affect any liens
upon
any
motor vehicle so transferred. Sec. 4505.102. (A) If a pawnbroker licensed under
Chapter
4727. of the Revised Code makes a loan that is secured by a motor
vehicle,
watercraft, or outboard motor and has taken possession
of
the
motor vehicle, watercraft, or outboard motor and the
certificate
of title to the
motor vehicle, watercraft, or
outboard
motor, and the owner of
the motor vehicle, watercraft,
or outboard
motor fails to redeem or pay
interest on the loan
for which the
motor vehicle, watercraft, or outboard
motor was
pledged within
two months from the date of the loan or the
date
on which the last
interest payment is due, and the pawnbroker
notifies
the owner by
mail, with proof of mailing, as required
by division
(A) of
section 4727.11 of the Revised Code, of the
possible forfeiture of
the
motor
vehicle, watercraft, or
outboard motor, and the owner
fails to redeem
the motor vehicle,
watercraft, or outboard motor
within the thirty-day period
required by that division to be
specified in the notice, the
pawnbroker shall proceed to obtain a
certificate
of title to the
motor vehicle, watercraft, or outboard
motor in the
pawnbroker's
name in the manner provided
in this
section. (B) The pawnbroker shall execute an affidavit stating all of
the
following: (1) That the pawnbroker is a pawnbroker licensed under
Chapter 4727. of the Revised Code; (2) That the pawnbroker has made a loan to the owner of a
motor vehicle,
watercraft, or outboard motor, and the security
for
the loan is the motor
vehicle, watercraft, or outboard
motor; (3) That both the motor vehicle, watercraft, or outboard
motor and the
certificate of title to the motor vehicle,
watercraft, or outboard motor are
in the possession of the
pawnbroker; (4) That the owner of the motor vehicle, watercraft, or
outboard motor has
failed to redeem the pledged motor vehicle,
watercraft, or outboard motor or
pay interest on the loan for
which the motor vehicle, watercraft, or outboard
motor was
pledged
within two months from the date of the loan or the date
on
which
the
last interest payment was due; (5) That the pawnbroker has notified the owner of the motor
vehicle,
watercraft, or outboard motor by mail, with proof of
mailing, as required by
division
(A) of section 4727.11 of the
Revised Code,
and the owner has failed to redeem the motor
vehicle, watercraft, or outboard
motor within the thirty-day
period required by that division to be specified in the notice. Upon presentation by the pawnbroker of a copy of the
affidavit, a copy of
the pawn form, a copy of the proof of
mailing, and the certificate of title to
the motor vehicle,
watercraft, or outboard motor,
the
a clerk of
the
a court of
common pleas
of the county in which the last certificate of title
to the
motor
vehicle, watercraft, or outboard motor was issued
shall issue, if the
record
shows no lien or encumbrances exist,
a
certificate of
title, free and clear of all liens and
encumbrances, to the pawnbroker. (C) No person shall execute or present the affidavit
required by
this section, knowing any entry on the affidavit to
be
false.
Sec. 4505.11. (A) Each owner of a motor vehicle and each
person mentioned as owner in the last certificate of title, when
the motor vehicle is dismantled, destroyed, or changed in such
manner that it loses its character as a motor vehicle, or changed
in such manner that it is not the motor vehicle described in the
certificate of title, shall surrender the certificate of title
to
that motor vehicle to
the
a clerk of
the
a court of common pleas
who
issued it, and
thereupon the clerk, with the consent of any
holders of any liens
noted
thereon
on the certificate of title,
then shall enter a cancellation upon the clerk's records
and
shall
notify the registrar of motor vehicles of the cancellation. Upon the cancellation of a certificate of title in the
manner
prescribed by this section,
the
any clerk and the
registrar
of motor
vehicles
may cancel and destroy all
certificates and
all
memorandum
certificates in that chain of
title. (B)
Where
If an Ohio certificate of title or salvage
certificate of title to a motor vehicle is assigned to a salvage
dealer, the dealer is not required to obtain an Ohio
certificate
of title or a salvage certificate of title to the
motor vehicle
in
the dealer's own name if the dealer
dismantles or destroys
the
motor vehicle, indicates the number of
the dealer's motor
vehicle
salvage dealer's license
thereon
on it, marks
"FOR
DESTRUCTION" across
the face of the certificate of title or
salvage certificate of
title, and surrenders the certificate of
title or salvage
certificate of title to
the
a clerk of
the
a
court
of common pleas
as provided in division (A) of this
section. If
the salvage
dealer retains the motor vehicle for
resale, the dealer
shall make
application for a salvage
certificate of title to the motor
vehicle in the dealer's own
name as provided in division (C)(1) of
this section. (C)(1) When an insurance company declares it economically
impractical to repair such a motor vehicle and has paid an agreed
price for the purchase of the motor vehicle to any insured or
claimant owner, the insurance company shall receive the
certificate of title and the motor vehicle and proceed as follows.
Within thirty days, the insurance company shall deliver the
certificate of title to
the
a clerk of
the
a court of common pleas
and shall make application for a salvage certificate of title.
The clerk shall issue the salvage certificate of title on a form,
prescribed by the registrar, that shall be
easily distinguishable
from the original certificate of title and
shall bear the same
number and information as the original
certificate of title.
Except as provided in division
(C)(2) of this section, the
salvage
certificate of title shall be
assigned by the insurance
company to
a salvage dealer or any
other person for use as
evidence of
ownership upon the sale or
other disposition of the
motor vehicle,
and the salvage
certificate of title shall be
transferrable to any
other person. The clerk
shall charge a fee
of four
dollars for
the cost of processing each salvage
certificate of
title. (2) If an insurance company considers a motor vehicle as
described in division (C)(1) of this section to be impossible to
restore for highway operation, the insurance company may assign
the certificate of title to the motor vehicle to a salvage dealer
or scrap metal processing facility and send the assigned
certificate of title to the clerk of the court of common pleas of
the county in which the salvage dealer or scrap metal processing
facility is located. The insurance company shall mark the face
of
the certificate of title
"FOR DESTRUCTION" and shall deliver
a
photocopy of the certificate of title to the salvage dealer or
scrap metal processing facility for its records. (3) If an insurance company declares it economically
impractical to repair a motor vehicle, agrees to pay to the
insured or claimant owner an amount in settlement of a claim
against a policy of motor vehicle insurance covering the motor
vehicle, and agrees to permit the insured or claimant owner to
retain possession of the motor vehicle, the insurance company
shall not pay the insured or claimant owner any amount in
settlement of the insurance claim until the owner obtains a
salvage certificate of title to the vehicle and furnishes a copy
of the salvage certificate of title to the insurance company. (D) When a self-insured organization, rental or leasing
company, or secured creditor becomes the owner of a motor vehicle
that is burned, damaged, or dismantled and is determined to be
economically impractical to repair, the self-insured
organization,
rental or leasing company, or secured creditor
shall do one of the
following: (1) Mark the face of the certificate of title to the motor
vehicle
"FOR DESTRUCTION" and surrender the certificate of title
to
the
a clerk of
the
a court of common pleas for cancellation as
described in division (A) of this section. The self-insured
organization, rental or leasing company, or secured creditor
thereupon
then shall deliver the motor vehicle, together with a
photocopy of the certificate of title, to a salvage dealer or
scrap metal processing facility and shall cause the motor vehicle
to be dismantled, flattened, crushed, or destroyed. (2) Obtain a salvage certificate of title to the motor
vehicle in the name of the self-insured organization, rental or
leasing company, or secured creditor, as provided in division
(C)(1) of this section, and then sell or otherwise dispose of the
motor vehicle. If the motor vehicle is sold, the self-insured
organization, rental or leasing company, or secured creditor
shall
obtain a salvage certificate of title to the motor vehicle
in the
name of the purchaser from
the
a clerk of
the
a court of
common
pleas
of the county in which the purchaser resides. (E) If a motor vehicle titled with a salvage certificate
of
title is restored for operation upon the highways, application
shall be made to
the
a clerk of
the
a court of common pleas for a
certificate of title. Upon inspection by the state highway
patrol, which shall include establishing proof of ownership and
an
inspection of the motor number and vehicle identification
number
of the motor vehicle and of documentation or receipts for
the
materials used in restoration by the owner of the motor
vehicle
being inspected, which documentation or receipts shall be
presented at the time of inspection, the clerk, upon surrender of
the salvage certificate of title, shall issue a certificate of
title for a fee prescribed by the registrar. The certificate of
title shall be in the same form as the original certificate of
title, shall bear the same number as the salvage certificate of
title and the original certificate of title, and shall bear the
words
"REBUILT SALVAGE" in black boldface letters on its face.
Every subsequent certificate of title, memorandum certificate of
title, or duplicate certificate of title issued for the motor
vehicle also
shall bear
the words
"REBUILT SALVAGE" in black
boldface letters on its
face. The exact location on the face of
the certificate of title
of the words
"REBUILT SALVAGE" shall be
determined by the
registrar, who shall develop an automated
procedure within the
automated title processing system to comply
with this division.
The clerk shall use reasonable care in
performing the duties
imposed on the clerk by this division in
issuing a
certificate of title
pursuant to this division, but
the
clerk is not liable for
any of the clerk's errors or
omissions or
those of the clerk's deputies, or the automated
title processing
system in the performance of those duties. A
fee of
forty
dollars
in fiscal year 1998 and fifty dollars
in
fiscal year
1999 and
thereafter shall be assessed by the state
highway
patrol for each
inspection made pursuant to this
division and
shall be deposited
into the state highway safety
fund established
by section 4501.06
of the Revised Code. (F) No person shall operate upon the highways in this
state
a motor vehicle, title to which is evidenced by a salvage
certificate of title, except to deliver the motor vehicle
pursuant
to an appointment for an inspection under this section. (G) No motor vehicle the certificate of title to which has
been marked
"FOR DESTRUCTION" and surrendered to
the
a clerk of
the
a
court of common pleas shall be used for anything except
parts and
scrap metal. (H)(1) Except as otherwise provided in this
division, an
owner of a manufactured or mobile home that will be
taxed as real
property pursuant to division
(B) of section 4503.06 of the
Revised
Code shall surrender the
certificate of title to the
auditor of the county containing the taxing
district in which the
home is located. An owner
whose home qualifies for real property
taxation under
divisions (B)(1)(a) and (b) of
section 4503.06
of
the Revised
Code shall surrender the
certificate within
fifteen
days after the home meets the
conditions specified in
those
divisions. The
auditor shall deliver the
certificate of
title to
the
clerk of the court of common pleas who issued it. (2) If the certificate of title for a manufactured or
mobile
home that is to be taxed as real property is held by a
lienholder,
the lienholder shall surrender
the certificate of
title to the
auditor of the county containing the taxing district
in
which the
home is located, and the auditor shall deliver the
certificate of
title to the clerk of the court of common
pleas
who issued it.
The lienholder shall surrender the
certificate
within thirty days
after both of the following have
occurred: (a) The homeowner has provided written notice to
the
lienholder requesting that the certificate of title be
surrendered
to the
auditor of the county containing the taxing
district in
which the home is located;. (b) The homeowner has either paid the lienholder
the
remaining balance owed to the lienholder, or, with the
lienholder's consent, executed and delivered to the
lienholder a
mortgage on the home and land on which the
home is sited in the
amount of the remaining
balance owed to the lienholder. (3) Upon the delivery of a certificate of title by the
county auditor to
the clerk
of the court, the
clerk
of the court
shall inactivate it and retain it for a period of thirty
years. (4) Upon application by the owner of a manufactured or
mobile
home that is taxed as real property pursuant to division
(B) of
section 4503.06 of the Revised Code and that no longer
satisfies divisions
(B)(1)(a) and (b) or divisions
(B)(2)(a) and
(b) of that section,
the clerk
of court shall reactivate
the
record of the certificate of title that was inactivated under
division (H)(3) of this section and shall issue a new
certificate
of title, but only if the application contains or has attached to
it all of the following: (a) An endorsement of the county treasurer that all real
property
taxes charged against the home under Title LVII of the
Revised Code and
division (B) of section 4503.06 of the Revised
Code for all preceding tax years have
been paid; (b) An endorsement of the county auditor that the home will
be
removed from the real property tax list; (c) Proof that there are no outstanding mortgages or other
liens
on the home or, if there are such mortgages or other liens,
that the mortgagee
or lienholder has consented to the
reactivation
of the certificate of title. Sec. 4505.12. In the event of a lost or destroyed
certificate of title, application shall be made to
the
a clerk
of
the
a court of common pleas
of the county where the
certificate
of
title was issued, by the owner of the motor vehicle, or the
holder
of a lien
thereon,
on it for a duplicate certificate of
title
upon
a form and accompanied by the fee prescribed by
section
4505.09 of
the Revised Code. The application shall be
signed
and
sworn to by
the person making the application.
Thereupon the
The clerk
then shall
issue a duplicate
certificate
of title
to the person entitled to
receive it under
this
chapter.
The
duplicate copy shall be
plainly marked across its
face with the
word
"duplicate," and any
subsequent purchaser of
the motor
vehicle in
the chain of title
originating through the
duplicate
certificate
of title acquires
only such rights in the
motor
vehicle as the
original holder of
the duplicate
certificate of
title
had. Any purchaser of the
motor vehicle,
at the time of
purchase, may require the seller to
indemnify the
purchaser and
all subsequent
purchasers of the motor
vehicle
against any loss
which
that the
purchaser or they may
suffer by
reason of any
claim presented upon the
original
certificate. In
the event of
the recovery of the
original
certificate of title
by
the owner,
the owner
immediately shall
surrender
the
original
certificate
of
title
it to the clerk for
cancellation. The holder of a certificate of title for a motor vehicle
upon
which is noted an existing lien, encumbrance, or mortgage at
any
time may
make application to
the
a clerk
who issued the
certificate of title for a memorandum certificate, which
application shall be made in the form prescribed by the registrar
of motor vehicles and signed
and sworn to by the applicant. Upon
receipt of
the
application, if it appears to be complete and in
order, together with the fee
prescribed by section 4505.09 of the
Revised Code, the clerk
shall issue to the applicant a memorandum
certificate for the
motor vehicle.
In the event
If the memorandum
certificate is
lost
or destroyed, the holder
thereof
of it may
obtain another
memorandum
certificate upon the filing of an
application with
the
a clerk on a
form
and
prescribed by the
registrar, accompanied by the
fee prescribed in section 4505.09
of
the Revised Code. The memorandum certificate shall be
effective
only for the purpose of obtaining a certificate of
registration,
is not assignable, and constitutes no evidence of
title or of
right to transfer or encumber the motor vehicle
described
therein
in it. Sec. 4505.13. (A)(1)
Sections 1309.01 to 1309.50
Chapter
1309. and
section 1701.66 of the Revised Code do not permit or
require the deposit,
filing, or other record of a security
interest covering a motor
vehicle, except as provided in division
(A)(2) of this section. (2)
Sections 1309.01 to 1309.50
Chapter 1309. of the Revised
Code
apply
applies
to a security interest in a motor vehicle held
as inventory, as
defined in division (D) of section 1309.07 of
the
Revised Code,
for sale by a dealer, as defined in division
(J) of
section
4517.01 of the Revised Code. The security
interest has
priority
over creditors of the dealer as provided
in
sections
1309.01 to
1309.50
Chapter 1309. of the Revised Code
without
notation of the security
interest on a certificate of
title,
without entry of a notation of
the security interest into
the
automated title processing system if a physical certificate
of
title for
the motor vehicle has not been issued,
or without
the
retention of a
manufacturer's or importer's certificate. (B) Subject to division (A) of this section, any security
agreement covering a security interest in a motor vehicle, if a
notation of the agreement has been made by
the
a clerk of
the
a
court of common pleas on the face of the certificate of
title
or
the clerk has entered a notation of the agreement into the
automated title processing system and a physical certificate of
title
for the motor vehicle has not been issued, is valid
as
against the creditors of the debtor, whether armed with
process
or
not, and against subsequent purchasers, secured
parties, and
other
lienholders or claimants. All security
interests, liens,
mortgages, and encumbrances
noted upon
entered into the automated
title processing system in relation to
a particular certificate
of
title, regardless of whether
a
physical
certificate
of
title
is issued, take priority according to the
order of time
in
which they are
noted on
entered into the
certificate
automated
title processing system by the clerk.
Exposure for sale of any
motor vehicle by its owner, with the
knowledge or with the
knowledge and consent of the holder of any
security interest,
lien, mortgage, or encumbrance on it, does not
render that
security interest, lien, mortgage, or encumbrance
ineffective as
against the creditors of that owner, or against
holders of
subsequent security interests, liens, mortgages, or
encumbrances
upon that motor vehicle. The secured party, upon presentation of
the
evidence of a
security
agreement
interest to
the
a clerk of
the county in which
the
certificate of
title was issued
a court of common pleas,
together with the
certificate of title
if a physical certificate
of title for the
motor
vehicle exists, and the
fee prescribed
by
section 4505.09 of the Revised Code, may have a
notation of
the
security interest made.
The
Unless the secured party
specifically
requests the clerk not to
issue a physical
certificate of title
and instead to issue an electronic
certificate of title, the
clerk
shall issue,
over the clerk's
signature and seal of office, a new
original certificate
of
title from the automated title processing
records that
indicates
the security interest and the date of the
security
interest. When the
If a security interest is
fully discharged
as a
result of its holder's receipt of good funds in the correct amount
and if the holder
holds a physical certificate of title,
the
holder
of it shall note
its
the discharge
of the security interest
on
the face of the certificate of title
over the holder's
signature,
or over the holder's
signature on a form prescribed
by the
registrar of motor vehicles when there
is no space for
the
discharge on the face of the certificate of title.
Prior
Except
as
otherwise provided in this section, prior to
delivering the
certificate
of title to the
owner, the holder or
the holder's
agent shall
present it
convey the
certificate of
title or a
separate sworn statement of the discharge of the
security interest
to
the
a clerk
for
the purpose
of having the
clerk. The conveyance shall occur not more than seven business
days after the date good funds in
the correct amount to fully
discharge the security interest have been credited to
an account
of the holder, provided the holder has been provided accurate
information concerning the motor vehicle. Conveyance of the
certificate of title or separate sworn statement of the discharge
within the required seven business days may be indicated by
postmark or receipt by a clerk within that period. If the
discharge of
the security
interest appears to
be genuine, the
clerk shall note the cancellation
of the
security interest
on
the face of the certificate of title,
if it
was so conveyed, and
note it in the
automated title
processing system and
upon the
records of
the clerk.
The clerk, if
that cancellation
appears
to be genuine,
shall note the
cancellation on the
certificate
of title and also
on the clerk's
records.
(C)(1) In all cases, a secured party may choose to present
a
clerk with
evidence of a security interest via electronic
means, and the clerk
shall enter the security interest into the
automated
title processing system. A secured party also may
choose to
notify a clerk of the discharge of its security
interest via
electronic means, and the clerk shall enter the
cancellation into
the automated title processing system. (2) In the case of a security interest that is being
satisfied by a dealer to whom a certificate of
title
is being
transferred, the
cancellation of the security
interest
shall
occur during the course of the
transfer. The dealer shall submit
a discharge request to the secured party. A discharge request
shall include good funds in the correct amount to fully discharge
the security interest and accurate information concerning the
motor vehicle.
(3)(a) Upon receiving a discharge request that complies
with division (C)(2) of this section, except as otherwise provided
in this division, a secured party shall convey the certificate of
title, with the discharge of the security interest noted on its
face, to the dealer within seven business days after the date good
funds in the correct
amount to fully discharge the security
interest have been credit to an account of
the secured party. If a secured party is unable to convey to the dealer a
certificate of
title within the required seven business days, the
secured
party instead shall convey to the dealer an affidavit
stating that the
security interest
has
been discharged, together
with payment for a duplicate
certificate
of title, within that
period. (b) Conveyance of a certificate of title, or affidavit and
required
payment, from a secured party to a dealer under the
circumstances described in division (C)(3)(a) of this section
within the required seven business days may be
indicated by a
postmark within that period. (4) A secured party is liable to a dealer for a
late fee of
ten dollars per day for each certificate of title, or
affidavit
and required payment, conveyed to the
dealer more than seven
business days but
less than twenty-one days after the date
specified in division
(C)(3)(a) of this section and, from then on,
twenty-five dollars
per day
until the certificate of title, or
affidavit and required
payment,
are conveyed to the dealer. (D) Notwithstanding any provision of
sections 1310.01 to
1310.78
Chapter 1310. of the Revised Code or of any other law, the
lease of a
motor vehicle or trailer does not constitute a
conditional sale
or create a security interest merely because the
lease agreement
permits or requires the lessor, at the end of the
lease term, to
adjust the rental price to either a higher or a
lower amount by
reference to the amount the lessor realizes upon
the sale or
other disposition of the motor vehicle or trailer. (E)
If a physical certificate of title has not been issued
for a
motor vehicle and all the security interests relating to
that motor vehicle
have been discharged, the owner of the motor
vehicle may obtain a physical
certificate of title from the clerk
of any court of common pleas upon payment
of the fee specified in
section 4509.09 of the Revised
Code. (F) If a clerk of a court of common pleas, other than the
clerk
of the court of common pleas of the county in which the
owner of a motor
vehicle resides, enters a notation of the
existence of, or the cancellation
of, a security interest
relating
to the motor vehicle, the clerk shall
transmit the data
relating
to the notation to the automated
title
processing
system. (G) The registrar of motor vehicles, in accordance with
Chapter
119. of the Revised Code, shall adopt rules governing the
electronic transmission of security interest and other information
under this
section. In adopting the rules, the registrar shall
confer with the clerks of the courts of common pleas. (H) As used in this section: (1) "Accurate information" means the make and model of the
motor vehicle, its vehicle identification number, and the name and
address of
its owner as they appear on the certificate of title
that is
to be conveyed. (2) "Dealer" has the same meaning as in section 4517.01 of
the Revised Code. (3) "Good funds" includes cash, or a wire transfer,
cashier's check, certified check, draft, money order, or teller's
check issued by an insured financial institution, or a dealer's
check for which the secured party has received funds that are
available for withdrawal pursuant to "Availability of Funds and
Collection of Checks (Regulation CC)," 12 C.F.R. 229. (4) "Inventory" has the same meaning as in section 1309.07
of the Revised Code.
Sec. 4505.141. The registrar of motor vehicles shall enable
the
public to access motor vehicle title information via
electronic means. No fee shall be charged for this access. The
title information that must be so accessible is only the title
information that is in an electronic format at the time a person
requests this access.
The registrar, in accordance with Chapter 119.
of the
Revised
Code, shall adopt rules governing this access.
In
adopting the
rules, the registrar shall confer with the
clerks
of
the courts of common
pleas. Access
by the public to
motor
vehicle
title information
under this
section shall comply
with all
restrictions contained
in
the Revised Code and federal
law that
govern the disclosure
of that information. Sec. 4505.18.
(A) No person shall
do any of the following: (A)(1) Operate in this state a motor vehicle for which a
certificate of title is required without having
such
that
certificate
in accordance with
sections 4505.01 to 4505.21 of the
Revised
Code,
this chapter or
upon which the,
if a physical
certificate of
title has
not been
canceled
issued for a motor
vehicle, operate the motor vehicle in this
state knowing that the
ownership information relating to the vehicle has not
been
entered
into the automated title processing system by a clerk of
a
court
of common pleas;
(B)(2) Display or display for sale or sell as a dealer or
acting on behalf of a dealer, a motor vehicle without having
obtained a manufacturer's or importer's certificate
or, a
certificate of title
therefor,
or an assignment of a certificate
of title for it
as provided in
sections
4505.01 to
4505.21 of
the
Revised Code
this chapter;
(C)(3) Fail to surrender any certificate of title or any
certificate of registration or license plates upon cancellation
of
the same by the registrar of motor vehicles and notice
thereof
of the cancellation
as
prescribed in
sections 4505.01 to 4505.21
of the Revised Code
this
chapter;
(D)(4) Fail to surrender the certificate of title to
the
a
clerk of
the
a court of common pleas as
provided in
sections
4505.01 to 4505.21 of the Revised Code,
this chapter in case of
the
destruction or dismantling or change of a motor vehicle in
such
respect that it is not the motor vehicle described in the
certificate of title;
(E)(5) Violate any rules
promulgated
adopted pursuant to
sections
4505.01 to 4505.21 of the Revised Code.
this chapter;
(F)(6) Except as otherwise provided in
this chapter
and
Chapter 4517. of the
Revised Code, sell at wholesale a motor
vehicle the ownership of
which is not evidenced by an Ohio
certificate of title, or the
current certificate of title issued
for the motor vehicle, or the
manufacturer's certificate of
origin, and all title assignments
that evidence the seller's
ownership of the motor vehicle, and an
odometer disclosure
statement that complies with section 4505.06
of the Revised Code
and subchapter IV of the
"Motor Vehicle
Information and Cost
Savings Act," 86 Stat. 961 (1972), 15 U.S.C.
1981;
(7) Operate in this state a motor vehicle knowing that the
certificate of
title to the vehicle or ownership of the vehicle
as
otherwise reflected in
the automated title processing system
has
been canceled. (B) This section does not apply to persons engaged in the
business of warehousing or transporting motor vehicles for the
purpose of salvage disposition. Sec. 4505.181. (A)
Notwithstanding divisions
(B),
(E)(A)(2), (5), and
(F)(6)
of section 4505.18 of the Revised
Code,
a motor vehicle dealer or person acting
on behalf of a
motor
vehicle dealer may display, offer for sale, or sell a
used
motor
vehicle without having first obtained a certificate of
title for
the
vehicle in the name of the dealer as required by
this chapter
if the dealer or
person acting on behalf of the
dealer complies
with divisions
(A)(1)(a) and
(A)(2) of this
section, or divisions
(A)(1)(b) and
(A)(2) of this section, as
follows: (1)(a) If the dealer has been licensed as a motor
vehicle
dealer for less than the three-year period prior to the date on
which
the dealer or person acting on behalf of the dealer
displays, offers for sale,
or sells the used motor vehicle for
which the dealer has not obtained a
certificate of title in the
name of the dealer, or if the attorney general has
paid a retail
purchaser of the dealer under division
(C) of this section within
three years prior
to such date, the dealer posts with the
attorney
general's office in favor of
this state a bond of a
surety company
authorized to do business in this state,
in an
amount of not less
than twenty-five thousand dollars, to be used
solely
for the
purpose of compensating retail purchasers of
motor vehicles who
suffer
damages due to failure of the dealer
or person acting on
behalf of the dealer
to comply with this
section. The dealer's
surety shall notify the registrar
and
attorney general when a bond
is canceled. Such notification of
cancellation shall include the
effective date of and reason for
cancellation. (b) If the dealer has been licensed as a motor
vehicle
dealer for longer than the three-year period prior to the date on
which
the dealer or person acting on behalf of the dealer
displays, offers for sale,
or sells the used motor vehicle for
which the dealer has not obtained a
certificate of title in the
name of the dealer and the attorney general has
not
paid a
retail
purchaser of the dealer under division
(C) of this
section within
three years prior
to such date, the dealer pays
one hundred fifty
dollars to the attorney
general
for deposit
into the title defect
recision fund created by section 1345.52 of
the Revised
Code. (2)
Possesses
The dealer or person acting on behalf of the
dealer possesses a bill of sale for each motor vehicle proposed to
be
displayed, offered for sale, or sold under this section and a
properly
executed
power of attorney or other related documents
from the prior owner of the motor
vehicle giving the dealer or
person acting on behalf of the dealer authority
to
have a
certificate of title to the motor vehicle issued in the name of
the
dealer, and retains copies of all such documents in the
dealer's or person's
files until such time as
a certificate of
title
in the dealer's name is issued
for each such motor vehicle
by the
clerk of the court of common pleas. Such
documents shall
be
available for inspection by the bureau of motor vehicles
during
normal business hours. (B) If a retail purchaser purchases a motor vehicle for
which the
dealer, pursuant to and in accordance with division
(A)
of this section, does not have a
certificate of title issued
in
the name of the dealer at the time of the sale,
the retail
purchaser has an unconditional right to rescind the transaction
and
the dealer has an obligation to refund to the retail
purchaser
the full
purchase price of the vehicle, if one of the
following
applies: (1) The dealer fails, on or before the fortieth day
following the date
of the sale, to obtain a title in the name of
the retail purchaser;. (2) The title for the vehicle indicates that it is a rebuilt
salvage
vehicle, and the fact that it is a rebuilt salvage
vehicle
was not disclosed to
the retail purchaser in writing
prior to the
execution of the purchase
agreement;. (3) The title for the vehicle indicates that the dealer has
made an
inaccurate odometer disclosure to the retail purchaser. If any of the circumstances described in divisions
(B)(1) to
(3) of this section applies, a
retail purchaser or the retail
purchaser's representative shall notify the
dealer and afford the
dealer the opportunity to comply with the dealer's
obligation to
refund the full purchase price of the motor vehicle. Nothing in
this division shall be construed as prohibiting the dealer and the
retail
purchaser or their representatives from negotiating a
compromise resolution
that is satisfactory to both parties. (C) If a retail purchaser notifies a
dealer of one or more
of the circumstances listed in division
(B) of this section and
the dealer fails to
refund to the retail purchaser the full
purchase price of the vehicle or reach
a satisfactory compromise
with the retail purchaser within three business days
of
presentation of the retail purchaser's recision claim, the retail
purchaser
may apply to the attorney general for payment from the
fund of the full
purchase price to the retail purchaser. (D) Upon application by a retail
purchaser for payment from
the fund, if the attorney general is satisfied that
one or more
of
the circumstances contained in divisions
(B)(1) to (3) of
this
section exist, the
attorney general shall cause the full
purchase
price of the vehicle to be paid
to the retail purchaser
from the
fund after delivery of the vehicle to the
attorney
general. The
attorney general may sell or otherwise dispose of
any
vehicle that
is delivered to the attorney general under this
section, and may
collect the proceeds of any bond posted under
division
(A) of this
section by a dealer who has failed
to
comply with division (C) of
this section.
The proceeds from all
such sales and collections
shall be deposited into the
title
defect recision fund for use as
specified in section 1345.52 of
the
Revised
Code. (E) Failure by a dealer to comply with
division (A) or
(B)
of this section constitutes a deceptive
act or practice in
connection with a consumer transaction, and is a violation
of
section 1345.02 of the Revised
Code. (F) The remedy provided in this section
to retail
purchasers
is in addition to any remedies otherwise available to
the
retail
purchaser for the same conduct of the dealer or
person acting on
behalf
of the dealer under federal law or the
laws of this state
or a political
subdivision of this state. (G) All motor vehicle dealers licensed
under Chapter 4517.
of the
Revised Code
shall pay to the attorney general for
deposit
into the title defect recision
fund the amount described
in
division
(A)(1)(b) of this section
beginning with the
calendar
year during which this section becomes effective
and
each year
subsequent to that year until the balance in the fund
is not
less
than three hundred thousand dollars. All such
dealers also shall
pay to the
attorney general for deposit into
the fund that amount
during any year and
subsequent years during
which the balance in
the fund is less than three
hundred
thousand dollars until the
balance in the fund reaches three
hundred
thousand dollars. If a motor vehicle dealer fails to comply with this division,
the
attorney general may bring a civil action in a court of
competent jurisdiction
to collect the amount the dealer failed to
pay to the attorney general for
deposit into the fund. Sec. 4505.19. No person shall do any of the following: (A) Procure or attempt to procure a certificate of title
or
a salvage certificate of title to a motor vehicle, or pass or
attempt to pass a certificate of title, a salvage certificate of
title, or any assignment
thereof
of a certificate of title or
salvage certificate of title to a motor vehicle,
or in any other
manner gain or attempt to gain ownership to a motor
vehicle,
knowing or
having reason to believe that
such
the motor vehicle
or
any
part of
the motor vehicle has been acquired through
commission
of
a theft
offense as defined in section 2913.01 of
the Revised
Code; (B) Purport to sell or transfer a motor vehicle without
delivering to the purchaser or transferee
thereof
of it a
certificate
of title, a salvage certificate of title, or a
manufacturer's or
importer's certificate
thereto
to it, assigned
to
such
the purchaser
as
provided for in this
chapter,
except
as
otherwise provided in this chapter; (C) With intent to defraud, possess, sell, offer to sell,
counterfeit, or supply a blank, forged, fictitious, counterfeit,
stolen, or fraudulently or unlawfully obtained certificate of
title, registration, bill of sale, or other instruments of
ownership of a motor vehicle, or conspire to do any of the
foregoing; (D) Knowingly obtain goods, services, credit, or money by
means of an invalid, fictitious, forged, counterfeit, stolen, or
unlawfully obtained original or duplicate certificate of title,
registration, bill of sale, or other instrument of ownership of a
motor vehicle; (E) Knowingly obtain goods, services, credit, or money by
means of a certificate of title to a motor vehicle, which is
required to be surrendered to the registrar of motor vehicles or
the clerk of the court of common pleas as provided in this
chapter. Sec. 4505.20. (A) Notwithstanding division
(B)(A)(2) of
section
4505.18
of the Revised Code or any other provision of
Chapter 4505.
this
chapter or
Chapter 4517. of the
Revised Code,
a
secured party may
designate any dealer to
display, display
for
sale, or sell a
manufactured or mobile home if the
home has
come
into the
possession of that secured
party by a default in
the
terms of a
security instrument and the
certificate of title
remains in the
name and possession of the secured
party. (B) Notwithstanding division
(B)(A)(2) of section 4505.18
of
the Revised Code or
any
other provision of
Chapter 4505.
this
chapter or
Chapter 4517.
of the Revised Code,
the owner of a
recreational vehicle or a
secured party of a
recreational
vehicle
who has come into
possession of the vehicle
by a
default in the
terms of a security
instrument, may designate
any dealer to
display, display for sale,
or sell the vehicle
while the
certificate of title remains in the
possession of the
owner or
secured party. No dealer may display
or offer for sale
more than
five recreational vehicles at any time
under this
division. No
dealer may display or offer for sale a
recreational
vehicle under
this division unless the dealer
maintains insurance
or the bond of
a surety company authorized
to
transact business
within this state
in an amount sufficient
to
satisfy the fair
market value of the
vehicle. (C) The registrar of motor vehicles may adopt rules in
accordance with Chapter 119. of the Revised Code prescribing the
maximum number of manufactured or mobile homes that have come into
the
possession of a secured party by a default in the terms of a
security instrument that any dealer may display or offer for sale
at any time. The registrar may adopt other reasonable rules
regarding the resale of such manufactured homes, mobile
homes,
and
recreational
vehicles that the registrar considers
necessary. (D) The secured party or owner shall provide the dealer
with
written authorization to display, display for
sale, or sell
the
manufactured home, mobile home, or
recreational vehicle.
The
dealer shall show and explain the written authorization to
any
prospective purchaser. The written authorization shall
contain
the vehicle identification number, make, model, year of
manufacture, and
physical description of the manufactured home,
mobile
home, or recreational
vehicle that is provided to the
dealer. (E) As used in this section,
"dealer" means a new motor
vehicle dealer
that is licensed under
Chapter 4517. of the
Revised
Code.
Sec. 4505.25. The registrar of motor vehicles may use
money from the automated
title
processing fund created in
section
4505.09 of the Revised Code, in accordance
with
appropriations
made by
the general assembly, to pay expenses
related to
implementing Sub. S.B. 59 of the 124th general
assembly. Sec. 4519.01. As used in this chapter: (A)
"Snowmobile" means any self-propelled vehicle designed
primarily for use on snow or ice, and steered by skis, runners,
or
caterpillar treads. (B)
"All-purpose vehicle" means any self-propelled vehicle
designed primarily for cross-country travel on land and water, or
on more than one type of terrain, and steered by wheels or
caterpillar treads, or any combination thereof, including
vehicles
that operate on a cushion of air, vehicles commonly
known as
all-terrain vehicles, all-season vehicles, mini-bikes,
and trail
bikes, but excluding any self-propelled vehicle not
principally
used for purposes of personal transportation, any
vehicle
principally used in playing golf, any motor vehicle or
aircraft
required to be registered under Chapter 4503. or 4561.
of the
Revised Code, and any vehicle excepted from definition as
a motor
vehicle by division (B) of section 4501.01 of the Revised
Code. (C)
"Owner" means any person,
or firm,
or corporation, other
than a lienholder or dealer, having title to a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, or other right to
the possession thereof. (D)
"Operator" means any person who operates or is in
actual
physical control of a snowmobile, off-highway motorcycle,
or
all-purpose vehicle. (E)
"Dealer" means any person,
or firm, or corporation
engaged in the business of manufacturing or selling snowmobiles,
off-highway motorcycles, or all-purpose vehicles at
wholesale or
retail, or who rents,
leases, or otherwise furnishes snowmobiles,
off-highway
motorcycles, or all-purpose
vehicles for hire. (F)
"Street or highway" has the same meaning as
given that
term in section 4511.01 of the Revised Code. (G)
"Limited access highway" and
"freeway" have the same
meaning
meanings as
given those terms in section 5511.02
of the
Revised
Code. (H)
"Interstate highway" means any part of the interstate
system of highways as defined in subsection (e), 90 Stat. 431
(1976), 23 U.S.C.A. 103,
and amendments thereof
as amended. (I)
"Off-highway motorcycle" means every motorcycle, as
defined
in section 4511.01 of the Revised Code, that is
designed
to be operated primarily on lands
other than a street or highway. (J)
"Electronic" and
"electronic record" have the
same
meanings as in section 4501.01 of the Revised Code. (K)
"Electronic dealer" means a dealer whom the registrar of
motor vehicles designates under section 4519.511 of the Revised
Code.
Sec. 4519.03. (A) The owner of every snowmobile,
off-highway
motorcycle,
and all-purpose vehicle required to be
registered under section 4519.02
of the Revised Code shall file an
application for registration
with the registrar of motor vehicles
or a deputy registrar, on
blanks furnished by the registrar for
that purpose and containing
all of the following information: (1) A brief description of the snowmobile,
off-highway
motorcycle,
or all-purpose
vehicle, including the name of the
manufacturer, the
factory
or model number, and the vehicle
identification number; (2) The name, residence, and business address of the
owner; (3) A statement that the snowmobile, off-highway
motorcycle,
or all-purpose vehicle
is equipped as required by section 4519.20
of the Revised Code,
and any rule adopted
thereunder
under that
section. The
statement shall include a
check list of the required
equipment
items in
such
the form
as the
registrar shall prescribe. The application shall be signed by the owner of the
snowmobile, off-highway motorcycle, or all-purpose
vehicle
and
shall be accompanied by a fee as provided
in division (C) of
section 4519.04 of the Revised Code. If the application is not in proper form, or if the vehicle
for which registration is sought does not appear to be equipped
as
required by section 4519.20 of the Revised Code or any rule
adopted
thereunder
under that section, the registration shall be
refused, and no
registration
sticker shall be issued. (B) On and after
July
1, 1999, no
certificate of
registration or renewal of
such a
certificate
of registration
shall be issued for
an off-highway motorcycle or
all-purpose
vehicle required to be
registered under section
4519.02 of the
Revised Code, and no
certificate of
registration
issued under this
chapter for an
off-highway
motorcycle or
all-purpose vehicle that
is sold or
otherwise
transferred shall be
transferred to the new
owner of the
off-highway motorcycle or
all-purpose vehicle as
permitted by
division (B) of section
4519.05
of the Revised
Code,
unless a
certificate of
title has
been issued under this chapter
for the
motorcycle or
vehicle, and
the owner or new owner, as the
case may
be,
presents
the
a physical
certificate of title or
a
memorandum certificate
of
title for
inspection at the time the
owner or new owner first
submits a
registration application,
registration renewal
application, or
registration transfer
application for the
motorcycle or
vehicle on
or after
July
1,
1999, if a physical certificate of title or
memorandum certificate
has been issued by a clerk of a court of
common pleas. If, under
sections 4519.512 and 4519.58 of the
Revised Code, a clerk instead
has issued an electronic certificate
of title for the applicant's
off-highway motorcycle or all-purpose
vehicle, that certificate
may be presented for inspection at the
time of first registration
in a manner prescribed by rules adopted
by the registrar. (C) When the owner of an
off-highway motorcycle or
all-purpose vehicle first registers it
in the owner's name, and a
certificate of title has been issued
for the motorcycle or
vehicle, the owner shall present for
inspection a
physical
certificate of
title or memorandum certificate of
title showing
title to the
off-highway motorcycle or
all-purpose vehicle in the
name of the
owner
if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4519.512 and 4519.58 of the Revised Code, a
clerk instead has issued an electronic certificate of title for
the applicant's off-highway motorcycle or all-purpose vehicle,
that certificate may be presented for inspection at the time of
first registration in a manner prescribed by rules adopted by the
registrar. If, when the
owner of such
a
an off-highway motorcycle
or
all-purpose vehicle first
makes application to
register it in
the owner's name, the
application is not in
proper form or
if the
certificate of title
or memorandum
certificate of title does not
accompany the
registration
or, in the case of an electronic
certificate of title, is not presented in a manner prescribed by
the registrar, the
registration shall be refused, and neither a
certificate of
registration nor a registration sticker shall be
issued. When a
certificate of registration and registration
sticker are issued
upon the first registration of an off-highway
motorcycle or
all-purpose vehicle by or on behalf of the owner,
the official
issuing them shall indicate the issuance with a stamp
on the
certificate of title or memorandum certificate of title
or,
in the case of an electronic certificate of title, an electronic
stamp or other notation as specified in rules adopted by the
registrar. (D) Each deputy registrar shall be allowed a fee of
two
dollars
and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application or renewal application
received by the
deputy
registrar, which shall be for the
purpose of compensating
the
deputy registrar for services, and office and
rental expense,
as
may be necessary for the proper discharge of
the
deputy
registrar's
duties in the receiving of applications and the
issuing of
certificates of registration. Each deputy registrar, upon receipt of any
application for
registration, together with the registration fee,
shall transmit
the fee, together with the original and duplicate copy
of the
application, to the registrar in
such
the manner and at
such
the
times
as
the registrar, subject to the approval of the director
of
public
safety and the treasurer of state, shall prescribe by
rule. Sec. 4519.51. The registrar of motor vehicles shall adopt
such rules
as
the registrar considers necessary to ensure uniform
and orderly operation of
sections 4519.51 to 4519.70 of the
Revised
Code, and the clerks of the courts of common
pleas shall
conform
thereto
to those rules. The registrar shall
receive and
file in the
registrar's office all information forwarded to the
registrar by the clerks
under those sections, and the clerks
shall
maintain in their offices indexes
for the certificates of
title. The registrar shall check with the registrar's records all
certificates of title received in the registrar's office
from the
clerks.
If If it appears that
a
any certificate of title has been
issued
improperly,
the
registrar shall cancel the certificate.
Upon the
cancellation of any
certificate of title, the registrar
shall
notify the clerk who issued
it, and
the clerk shall enter
the
cancellation in the clerk's records. The registrar
also
shall
notify the person to whom the certificate of title was
issued, as
well as any lienholders appearing
thereon
on it, of
the
cancellation and,
if it is a physical certificate of
title,
shall
demand
surrender of the certificate of title, but the
cancellation
shall not affect
the validity of any lien noted
thereon
on it.
The
holder of
the
a physical certificate of
title
shall return it
immediately to the registrar.
The The clerks shall keep on hand a
sufficient supply of blank
forms, which, except for the certificate of title
and memorandum
certificate forms, shall be furnished and distributed without
charge to registered manufacturers or dealers, or other persons
residing
within
the county.
Sec. 4519.511. The registrar of motor vehicles shall
designate as
an electronic dealer a dealer who meets both
of the
following criteria: (A) The dealer has the capability, via electronic means, to
send
title and registration information relating to off-highway
motorcycles and
all-purpose vehicles, as specified by the
registrar, to the registrar and the clerks of the courts of
common
pleas. (B) The dealer meets other criteria for electronic
dealers
that the registrar may establish by rule adopted under
Chapter
119. of the Revised Code.
Sec. 4519.512. The owner of an off-highway motorcycle or
all-purpose
vehicle shall apply for a
certificate of title for
the
motorcycle or vehicle when required by this
chapter, but,
except
as otherwise specifically required in this chapter, the
owner may
elect whether or not to have the clerk of the court of
common
pleas to whom the certificate of title application is
submitted
issue a physical certificate of title for the
motorcycle or
vehicle, as provided in section 4519.58 of the
Revised Code. Except as otherwise specifically provided in this chapter,
any provision of
this chapter relating to the cancellation,
issuance, or surrender of a
certificate of title, including, but
not limited to, provisions
that contain a phrase such as
"when a
certificate of title is
issued,"
"the clerk shall issue a
certificate of title," or
"the
person shall obtain a certificate
of title to the off-highway motorcycle or
all-purpose vehicle,"
or
another phrase of similar import, shall include those
circumstances when a clerk enters certificate of title information
into the automated title processing system, but does not take any
further action relating to a physical certificate of title for the
motorcycle or vehicle. Sec. 4519.52. (A) Except as
provided in
section
sections
4519.521 and 4519.54 of the
Revised
Code,
on and after the
effective date of this section, no
dealer engaged in the
business
of selling new or used off-highway motorcycles or
all-purpose
vehicles shall sell or otherwise transfer a new or
used
off-highway motorcycle or all-purpose vehicle without
obtaining a
certificate of title to the new or used motorcycle
or vehicle, in
accordance with this chapter, and delivering
the
certificate of
title or
memorandum certificate of title to the
purchaser or
transferee. (B)(1) A person who
is not a dealer engaged in the business
of selling new or used
off-highway motorcycles or all-purpose
vehicles and who, on and
after
the effective date of this
section,
owns an off-highway
motorcycle or all-purpose vehicle,
may choose
to obtain a
certificate of title to the motorcycle or
vehicle.
The
person
shall comply with this chapter in order to
obtain the
certificate of title. (2) If a person who is not a dealer engaged in the
business
of selling new or used off-highway motorcycles or
all-purpose
vehicles and who owns an off-highway motorcycle or
all-purpose
vehicle obtains a certificate of title to the
motorcycle or
vehicle, that person,
except as otherwise provided in
section
4519.521 of the Revised Code, shall not sell or otherwise
transfer
the motorcycle or vehicle without delivering to the
purchaser or
transferee a certificate of title with
such
an
assignment
thereon
on it as is necessary to show title in the
purchaser or
transferee, and no
person shall subsequently
purchase or otherwise
acquire the motorcycle or
vehicle without
obtaining a certificate
of title to the motorcycle or vehicle
in
the person's own name.
Sec. 4519.521. (A)(1) If a person who is not an electronic
dealer owns an off-highway motorcycle or all-purpose vehicle for
which a
physical certificate of title
has not been issued by a
clerk of a court of
common pleas and the person sells the
motorcycle or vehicle to an
electronic dealer, the person is not
required to
obtain a physical certificate of title to the
motorcycle or vehicle in
order to transfer ownership to the
dealer. The person shall
present the dealer, in a manner
approved
by the registrar of motor vehicles,
with sufficient
proof of the
person's identity
and complete and sign a form
prescribed by the
registrar
attesting to the person's identity
and assigning the
motorcycle or vehicle to the dealer. The
electronic dealer
then
shall inform a clerk of a court of common
pleas via electronic
means of
the sale of
the motorcycle or
vehicle and assignment of
ownership of the motorcycle or
vehicle
to
the dealer. The clerk
shall enter the information relating
to the
assignment into the
automated title processing system,
and
ownership of the motorcycle
or vehicle passes to the dealer
when the clerk
enters this
information into the
system. The
dealer is not required to obtain
a certificate of
title to the
motorcycle or vehicle in the
dealer's name. (2) A clerk shall
charge and collect from a dealer a fee of
five
dollars
for each motorcycle or
vehicle assigned to the
dealer
under division (A)(1) of this section. The fee shall be
distributed in accordance
with section 4519.59 of the Revised
Code. (B) If a person who is not an electronic dealer
owns an
off-highway motorcycle or all-purpose vehicle for which a physical
certificate of title has
not been issued by a clerk of a court of
common pleas and the person sells the
motorcycle or vehicle
to a
person who is not an electronic dealer, the
person shall obtain a
physical certificate of title to the motorcycle or
vehicle in
order to transfer ownership of the vehicle to the
person who is
not an electronic dealer. Sec. 4519.53. No person who acquires an off-highway
motorcycle
or all-purpose vehicle from the owner
thereof
of it,
if
whether the owner is a
manufacturer, importer,
or dealer,
or
any
other person,
acquires any right, title,
claim, or interest
in or
to the off-highway motorcycle or
all-purpose vehicle until
the
person has been issued a certificate of title to
the
off-highway
motorcycle or all-purpose vehicle, or
there is
delivered
to the
person a
manufacturer's or importer's
certificate for it,
or a
certificate of title to it is assigned
as authorized by section
4519.521
of the Revised Code. No
waiver or estoppel
operates in
favor of
such
that person against
a person having possession of
such
the certificate of title
to, or
manufacturer's or
importer's
certificate for, the
off-highway
motorcycle or all-purpose
vehicle, for a valuable
consideration. No court in any case at law or in equity shall recognize the
right,
title, claim, or interest of any person in or to any
off-highway
motorcycle or all-purpose vehicle sold or disposed
of,
or mortgaged or
encumbered, unless evidenced by one of the
following: (A) A certificate of title or a
manufacturer's or
importer's
certificate issued in accordance with this
chapter,
or an
assignment of a certificate of title made under
section
4519.521
of the Revised Code; (B) Admission in the pleadings or
stipulation of the
parties. Sec. 4519.55. Application for a certificate of title for an
off-highway motorcycle or all-purpose vehicle shall be made upon a
form
prescribed by the registrar of motor vehicles
and shall be
sworn to before a
notary public or other officer empowered to
administer oaths. The application
shall be filed with the clerk
of
the
any court of common pleas
of the county in
which the
applicant resides if the applicant is a resident of this state or,
if not a resident, in the county in which the transaction is
consummated.
The.
An application for a certificate of title may
be filed
electronically by any electronic means approved by the
registrar in any county
with the clerk of the court of common
pleas of that county.
If an application for a
certificate of title is
filed
electronically by an electronic dealer on behalf of the
purchaser
of an off-highway motorcycle or all-purpose vehicle, the clerk
shall retain the completed electronic record to which the dealer
converted the certificate of title application and other required
documents. The electronic dealer shall forward the actual
application and all other documents relating to the sale of the
off-highway motorcycle or all-purpose vehicle to any clerk within
thirty days after the certificate of title is issued. The
registrar, after consultation with the attorney general, shall
adopt rules that govern the location at which, and the manner in
which, are stored the actual application and all other documents
relating to the sale of an off-highway motorcycle or all-purpose
vehicle when an electronic dealer files the application for a
certificate of title electronically on behalf of the purchaser. The application shall be accompanied by the fee prescribed in
section
4519.59
of the Revised Code
and, if.
The fee shall be
retained by
the clerk who issues the certificate of title and
shall be distributed in
accordance with that section.
If a
clerk
of a court of common pleas, other than the clerk of the
court of
common pleas of an applicant's county of residence,
issues a
certificate of
title to the applicant, the clerk shall
transmit
data related to the
transaction to the
automated
title processing system. If a certificate of title
previously has been
issued for
the
an off-highway motorcycle or all-purpose
vehicle, the
application
also shall be accompanied by the certificate of title
duly
assigned, unless otherwise provided in this chapter. If a
certificate of
title previously has not been issued for the
off-highway
motorcycle or
all-purpose vehicle, the application,
unless otherwise provided in this
chapter,
shall be accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership;
or by a certificate
of title, bill of
sale, or other
evidence of ownership required by law of
another
state from which
the off-highway motorcycle or
all-purpose
vehicle was brought into
this state. The registrar, in
accordance with
Chapter 119. of the
Revised Code, shall
prescribe
the types of additional
documentation sufficient to
establish proof of ownership,
including, but not
limited to,
receipts from the purchase of parts
or components, photographs,
and affidavits of other persons.
For For purposes of the transfer of a
certificate of
title, if
the clerk is satisfied that a secured party has duly discharged a
lien notation, but has not canceled the lien notation with
the
a
clerk
of the
county of origin, the clerk may cancel the lien
notation
of
on the automated
title processing system and notify
the
clerk of the county of origin. In the case of the sale of an off-highway motorcycle or
all-purpose vehicle by a dealer to a general purchaser or user,
the
certificate
of title shall be obtained in the name of the
purchaser by the dealer upon
application signed by the purchaser.
In all other cases, the
certificate shall
be obtained by the
purchaser. In all cases of transfer of an
off-highway motorcycle
or all-purpose vehicle, the application for
certificate
of title
shall be filed within thirty days after the later of the date of
purchase
or assignment of ownership of the off-highway motorcycle
or
all-purpose vehicle. If the application for certificate of
title is not filed
within thirty days after the later of the date
of purchase or assignment of
ownership of the off-highway
motorcycle or all-purpose vehicle,
the clerk shall charge a late
filing fee of five dollars in addition to the
fee
prescribed by
section 4519.59 of the Revised
Code. The clerk shall retain the
entire
amount of each late filing fee. Except in the case of an off-highway motorcycle or
all-purpose
vehicle purchased prior to
the effective date of this
section
July
1, 1999, the clerk shall
refuse to accept an
application for certificate of title unless the applicant
either
tenders with the application payment of all taxes levied by or
pursuant
to Chapter 5739. or 5741. of the Revised Code
based on
the purchaser's
county of residence,
or submits either of the
following: (A) A receipt issued by the tax
commissioner or a clerk of
courts showing payment of the tax; (B) An exemption certificate, in any form prescribed by the
tax
commissioner, that specifies why the purchase is not subject
to the tax
imposed by Chapter 5739. or 5741. of the Revised Code. Payment of the tax shall be made in accordance with division
(E)
of section 4505.06 of the Revised Code and any rules issued
by
the tax
commissioner. When a dealer submits payment of the
tax to
the clerk,
the dealer shall retain any discount to which
the
dealer is
entitled under section 5739.12 of the
Revised
Code. The
clerk shall issue a receipt in the form prescribed by
the
tax
commissioner to any applicant who tenders payment of the
tax with
the
application for a certificate of title. If the
application
for a certificate
of
title is for an off-highway
motorcycle or
all-purpose vehicle
purchased prior to
the
effective date of this
section
July
1, 1999, the clerk shall
accept
the application
without payment of the taxes levied by or
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or
presentation of either of
the items listed in division
(A) or
(B) of
this section. For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may
retain a poundage
fee of one and one-hundredth per
cent of the taxes
collected,
which shall be
paid into the
certificate of title administration
fund created by section
325.33
of the Revised Code.
In
The clerk
shall not retain a poundage fee from payments of taxes by persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk an amount equal to the poundage fees associated with
certificates of title issued by other clerks of courts of common
pleas to applicants who reside in the first clerk's county. The
registrar, in consultation with the tax commissioner and the
clerks of the courts of common pleas, shall develop a report from
the automated title processing system that informs each clerk of
the amount of the poundage fees that the clerk is permitted to
retain from those taxes because of certificates of title issued by
the clerks of other counties to applicants who reside in the first
clerk's county. In the case of casual sales of
off-highway motorcycles or
all-purpose vehicles that are subject
to the tax imposed by
Chapter 5739. or 5741. of the
Revised Code,
the purchase price
for
the purpose of determining the tax shall be the
purchase
price on
an affidavit executed and filed with the clerk by the
seller on a
form
to be prescribed by the registrar, which shall
be
prima-facie
evidence of the price for the determination of
the tax.
In In addition to the
information required by section 4519.57
of
the
Revised Code,
each certificate of title shall contain in
bold
lettering the following
notification and statements:
"WARNING TO
TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): You
are required by
law
to state the true selling
price. A false
statement is in
violation of section 2921.13 of the Revised
Code
and is punishable
by six months
imprisonment or a fine of up to
one thousand
dollars, or both. All transfers
are audited by the
department of
taxation. The seller and buyer must provide
any
information
requested by the department of taxation. The buyer
may be
assessed any additional tax found to be due." The clerk shall forward all payments of taxes, less
poundage
fees, to the
treasurer of state in a manner to be prescribed by
the tax commissioner and
shall furnish
such information to the
commissioner as the
commissioner may require. Every clerk shall have the capability to transact by
electronic means all
procedures and transactions relating to the
issuance of certificates of title
for off-highway motorcycles and
all-purpose vehicles that are described in the
Revised Code as
being accomplished by electronic means. Sec. 4519.551. Notwithstanding any general requirement in
this chapter to the effect that an application for a certificate
of title to an off-highway motorcycle or all-purpose vehicle shall
be "sworn to" or shall be "sworn to before a notary public or
other officer empowered to administer oaths," that requirement
shall apply only in the case of a transfer of an off-highway
motorcycle or all-purpose vehicle between parties in the course of
a sale by a person other than a registered dealer to a person who
purchases the off-highway motorcycle or all-purpose vehicle for
use as a consumer. Sec. 4519.57.
The
When the clerk of
the
a court
of common
pleas
issues a physical certificate of title for an off-highway
motorcycle or all-purpose vehicle, the clerk shall issue
certificates of title for off-highway motorcycles and
all-purpose
vehicles
it over the clerk's official seal. The front side of
each
physical certificate
of title shall contain the
information
required in the application
therefor
for it as
prescribed by
section
4519.56 of the Revised
Code, spaces for the dates of
notation and cancellation of two liens, mortgages, or
encumbrances,
and any other pertinent information as may be
required
by the registrar of motor vehicles, but shall contain
neither
the social security number nor taxpayer identification
number of
the applicant. The reverse side of each
physical
certificate of title
shall contain all of the information
specified in division
(F) of section 4505.07 of the
Revised
Code.
An
assignment of certificate of title
before a notary
public or
other officer
empowered to administer oaths shall
appear on the
reverse side of each
physical certificate of title
in the form to
be prescribed by the
registrar
of motor
vehicles. The assignment
form shall include a warranty that the
signer is the
owner of the
off-highway motorcycle or all-purpose
vehicle and
that
there are
no mortgages, liens, or encumbrances
on the off-highway
motorcycle
or all-purpose vehicle except as
are noted on the face of the
certificate of title. Certificates
Physical certificates of title also shall bear a
statement that liens applicable to
the off-highway motorcycle or
all-purpose vehicle other than the
two for which there are spaces
on the
titles
certificates may
exist and, if so, are entered
into
the automated title processing system
for motor vehicle
titles.
Sec. 4519.58.
The
(A) When the clerk of
the
a court
of
common
pleas
issues a physical certificate of title, the clerk
shall
issue
certificates
the certificate of title in duplicate.
One
copy
shall be retained and filed by
the clerk in the
clerk's
office, and the information contained in it shall be
transmitted
to the registrar of motor vehicles on the day it is
issued. The
clerk shall sign and affix the clerk's seal to the
original
certificate of
title and, if there are no liens on the
off-highway
motorcycle or
all-purpose vehicle, shall deliver the
certificate
to the applicant or the
selling dealer. Except as
otherwise
provided in this section, if there are
one or more
liens on the
off-highway motorcycle or all-purpose vehicle, the
certificate of
title shall
be delivered to the holder of the
first lien. If the
certificate
of title is obtained by a dealer
on behalf of the
applicant and there are one
or more liens on
the off-highway
motorcycle or all-purpose
vehicle, the clerk
shall issue a
certificate of title and may issue a
memorandum
certificate
of
title. The certificate of title and memorandum
certificate of
title, if
issued, shall
be delivered to the
holder of the first
lien or the selling dealer, who shall
deliver the certificate of
title to the
holder of the first lien
and the memorandum
certificate of title to the
applicant. The
selling dealer also
may make arrangements with the clerk to
have
the clerk deliver the
memorandum certificate
of title to the
applicant. (B) The registrar shall prescribe a uniform method of
numbering
certificates
of title. The numbering shall be in such
manner
that
the county of issuance
is indicated. Numbers shall
be
assigned to
certificates of title in the
manner prescribed by
the registrar.
The clerk shall file all certificates of
title
according to the
rules to be prescribed by the registrar, and the
clerk
shall
maintain in the clerk's office indexes for the
certificates of
title. The clerk need not retain on file any current certificates of
title,
current duplicate
certificates of title, current
memorandum
certificates of title, or current
salvage
certificates of title,
or supporting evidence
thereof
of them,
including the
electronic
record described in section 4519.55 of
the Revised Code, covering
any
off-highway motorcycle or
all-purpose vehicle
for a period
longer than seven years after
the
date of their filing;
thereafter,
the
same
documents and
supporting evidence may be
destroyed.
The clerk need not retain
on file any inactive
records,
including certificates of title,
duplicate certificates
of
title,
or memorandum certificates of
title, or supporting
evidence
thereof
of them, including the
electronic record
described in section
4519.55 of the Revised
Code, covering any
off-highway motorcycle
or all-purpose
vehicle for a period longer
than five years after
the date of
their filing; thereafter, the
same
documents and
supporting
evidence may be destroyed.
The
clerk
shall retain the
active
index and all active records in the
data
base of the
computer
in the clerk's office, and shall retain
in
the data base
a
record and index of all inactive titles for ten
years. If the
clerk provides a written copy of any information
contained in the
data base, the copy shall be considered the
original for purposes
of the clerk certifying the record of the
information for use in
any legal proceeding. (C) The clerk shall issue a physical certificate of title to
an
applicant unless the applicant specifically requests the clerk
not
to issue a
physical certificate of title and instead to
issue an
electronic certificate
of title.
The fact that a
physical
certificate of title is
not issued for an off-highway
motorcycle
or all-purpose vehicle does
not affect ownership of
the
motorcycle
or
vehicle. In that case, when the clerk
completes
the process of
entering certificate of title
application
information into the
automated title processing
system, the
effect of the completion of
the process is the same
as if the
clerk actually issued a physical
certificate of title
for the
motorcycle or vehicle. (D) An electronic dealer who applies for a
certificate of
title
on behalf of a customer who purchases an off-highway
motorcycle
or
all-purpose vehicle
from the dealer may print a
non-negotiable
evidence of
ownership for the customer if the
customer so
requests. The
authorization to print the
non-negotiable evidence
of ownership
shall come from the clerk
with whom the dealer makes
application
for the certificate of
title for the customer, but the
printing by
the dealer does not
create an agency relationship of
any kind
between the dealer and
the clerk.
(E) If an electronic certificate of title previously has
been
issued for an off-highway motorcycle or all-purpose vehicle,
the
owner of the off-highway motorcycle or all-purpose vehicle may
apply at any time to a clerk of a court of common pleas for a
non-negotiable evidence of ownership for the off-highway
motorcycle or all-purpose vehicle. Sec. 4519.59. (A) The clerk of
the
a court of common pleas
shall
charge a fee
of five dollars for each certificate of
title,
duplicate certificate
of title, memorandum certificate of
title,
authorization to print
a non-negotiable evidence of
ownership
described in division (D) of section 4519.58 of the
Revised Code, non-negotiable evidence of ownership printed by the
clerk under division (E) of that section,
and
notation of
any
lien on a
certificate of title. The clerk shall
retain two
dollars and twenty-five
cents
of the fee charged for
each
certificate of title, four dollars and
seventy-five
cents
of the
fee charged for each duplicate certificate of title,
all
of the
fees charged for each memorandum certificate,
authorization to
print a non-negotiable evidence of ownership, or non-negotiable
evidence of ownership printed by the clerk,
and four dollars and
twenty-five cents of the fee charged for
each notation of a lien. The remaining two dollars and seventy-five cents charged for
the
certificate of title, the remaining twenty-five cents charged
for the
duplicate
certificate of title, and the remaining
seventy-five cents charged
for the notation of any lien on a
certificate of title shall be paid to the
registrar of motor
vehicles by monthly returns, which shall be forwarded to
the
registrar not later than the fifth day of the month next
succeeding that in
which the certificate is forwarded or that in
which the registrar is notified
of a lien or cancellation
thereof
of a lien. (B)(1) The
registrar shall pay twenty-five cents of the
amount received for
each certificate of title and all of the
amounts received for
each notation of any lien and each duplicate
certificate of
title into the state bureau of motor vehicles fund
established
in section 4501.25 of the
Revised
Code. (2) Fifty cents of the amount received for
each certificate
of title shall be paid by the registrar as
follows: (a) Four cents shall be
paid into the state treasury to the
credit of the motor vehicle
dealers board fund created in section
4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(a)
of that section. (b) Twenty-one cents
shall be paid into the general revenue
fund. (c) Twenty-five cents
shall be paid into the state treasury
to the credit of the motor
vehicle sales audit fund created in
section 4505.09 of the
Revised
Code, for use as described in
division
(B)(2)(c)
of that section. (3) Two dollars of the amount received by
the registrar for
each certificate of title shall be paid into
the state treasury
to
the credit of the automated title
processing fund created in
section 4505.09 of the
Revised
Code, for use as described in
division
divisions (B)(3)(a)
and
(c) of that section. Sec. 4519.60. In the event of the transfer of ownership of
an
off-highway motorcycle or all-purpose vehicle by operation of
law, as upon
inheritance, devise
or, bequest, order in
bankruptcy,
insolvency, replevin, or
execution of sale, or when
repossession
is had upon default in performance of
the terms of
a security
agreement as
provided in Chapter 1309. of the Revised
Code,
the
a
clerk of
the
a court of common pleas
of
the county
in which the
last
certificate of title to the off-highway
motorcycle or
all-purpose
vehicle was issued, upon the surrender
of the prior
certificate of title
or
the
manufacturer's or
importer's
certificate, or, when that is not possible, upon
presentation to
the clerk of satisfactory proof of ownership and
rights of
possession to
such
the off-highway motorcycle or
all-purpose
vehicle,
and upon payment of the fee prescribed
in
section 4519.59
of the Revised Code, and
presentation of an
application for
certificate of title, may issue to the
applicant
a
certificate of
title to the off-highway motorcycle or
all-purpose
vehicle. Only
an affidavit by the person or agent
of the person to whom
possession of the off-highway motorcycle or
all-purpose vehicle
has
passed, setting forth the facts
entitling
the person to
such
the possession and ownership,
together with a
copy of the
journal
entry, court order, or
instrument upon which the claim of
possession
and ownership is
founded, is satisfactory proof of
ownership and right of
possession. If the applicant cannot
produce
such
that proof of
ownership, the
applicant may apply
directly to the registrar of
motor vehicles and submit
the
evidence the applicant has, and
the registrar, upon finding the
evidence sufficient, may
authorize the clerk to issue a
certificate of title.
If, from
the records in the office of the
clerk, there appears to be any
lien
on the off-highway motorcycle
or all-purpose vehicle, the
certificate of title shall contain a
statement of the lien unless
the
application is accompanied by
proper evidence of its
extinction. Sec. 4519.61. (A) Each owner of an off-highway
motorcycle
or
all-purpose vehicle and each person mentioned as owner in the
last certificate
of title, when the off-highway motorcycle or
all-purpose vehicle
is dismantled, destroyed, or changed in such
manner that it loses its
character
as an off-highway motorcycle
or
all-purpose vehicle, or changed in
such manner that it is not
the
off-highway motorcycle or
all-purpose
vehicle described in
the
certificate of title, shall surrender the
certificate of
title to
the
a clerk of
the
a court
of common pleas
who issued
it,
and
thereupon the clerk, with the consent of the holders of
any liens
noted
thereon,
on the certificate of title, then shall
enter a
cancellation upon the clerk's records and shall notify
the
registrar of motor vehicles of the cancellation. Upon the cancellation of a certificate of title in the manner
prescribed
by this section,
the
any clerk and the registrar may
cancel
and destroy all
certificates and all memorandum
certificates in
that chain of title. (B)
Where
If an Ohio certificate of title or
salvage
certificate of title to an off-highway
motorcycle or all-purpose
vehicle is assigned to a salvage
dealer, the dealer shall not be
required to obtain an
Ohio certificate of title or a
salvage
certificate of title to the off-highway
motorcycle or all-purpose
vehicle in the dealer's own name if the dealer
dismantles or
destroys the off-highway motorcycle
or all-purpose vehicle,
completes the assignment on the
certificate of title or salvage
certificate of title, indicates
the number of the dealer's motor
vehicle salvage dealer's
license
thereon
on it, marks
"FOR
DESTRUCTION"
across the face of the
certificate of title or
salvage certificate
of title, and
surrenders the certificate of
title or salvage
certificate of
title to
the
a clerk of
the
a
court of common
pleas
as provided in
division (A) of this
section. If the salvage
dealer retains the
off-highway
motorcycle or all-purpose vehicle
for resale, the salvage
dealer
shall make application for a
salvage certificate of title
to the
off-highway motorcycle or
all-purpose
vehicle in the salvage
dealer's own name as provided
in division
(C)(1) of this
section. (C)(1) When an insurance
company declares it economically
impractical to repair the
off-highway motorcycle or all-purpose
vehicle and
has paid an agreed price for the purchase of the
off-highway motorcycle or all-purpose vehicle to any insured or
claimant owner, the insurance company shall receive the
certificate of title and off-highway motorcycle or
all-purpose
vehicle and
proceed
as follows. Within thirty days, the
insurance
company shall
deliver the certificate of title to
the
a clerk of
the
a court of
common pleas and shall make application
for a
salvage
certificate of title. The clerk shall issue the
salvage
certificate of title on a form, prescribed by the
registrar,
that
shall be easily distinguishable from the
original certificate of
title and shall bear the same number and
information as the
original certificate of title. Except as
provided in
division
(C)(2) of this section, the salvage
certificate of title shall be
assigned by the insurance company
to a salvage dealer or any other
person for use as evidence of
ownership upon the sale or other
disposition of the
off-highway
motorcycle or all-purpose vehicle,
and the salvage
certificate
of title shall be transferable to any
other person.
The clerk
of the court of common pleas shall charge
a fee of
four dollars
for the cost of processing each salvage
certificate
of title. (2) If an insurance company considers an
off-highway
motorcycle or all-purpose vehicle as described in
division (C)(1)
of this section
to be impossible to restore to normal operation,
the insurance
company may assign the certificate of title to the
off-highway motorcycle or all-purpose vehicle to a salvage
dealer
or scrap metal processing facility and send the assigned
certificate of title to the clerk of the court of common pleas
of
the county in which the salvage dealer or scrap metal
processing
facility is located. The insurance company shall mark
the face
of
the certificate of title
"FOR DESTRUCTION" and shall
deliver
a
photocopy of the certificate of title to the salvage
dealer or
scrap metal processing facility for its records. (3) If an insurance company declares it economically
impractical to repair an off-highway motorcycle
of
or
all-purpose
vehicle, agrees to pay to the insured or claimant
owner an amount
in settlement of a claim against a policy of
motor vehicle
insurance covering the off-highway
motorcycle or all-purpose
vehicle, and agrees to permit the
insured or claimant owner to
retain possession of the
off-highway motorcycle or all-purpose
vehicle, the
insurance company shall not pay the insured or
claimant owner
any amount in settlement of the insurance claim
until the owner
obtains a salvage certificate of title to the
vehicle and
furnishes a copy of the salvage certificate of title
to the
insurance company. (D) When a self-insured
organization, rental or leasing
company, or secured creditor
becomes the owner of an off-highway
motorcycle or
all-purpose vehicle that is burned, damaged, or
dismantled and
is determined to be economically impractical to
repair, the
self-insured organization, rental or leasing company,
or secured
creditor shall do one of the following: (1) Mark the face of the certificate of title to the
off-highway motorcycle or all-purpose vehicle
"FOR
DESTRUCTION"
and surrender the certificate of title to
the
a clerk
of
the
a
court of common pleas for cancellation as described in
division
(A) of this section.
The self-insured organization, rental or
leasing company, or
secured creditor
thereupon
then shall deliver
the
off-highway motorcycle or all-purpose vehicle, together with
a
photocopy of the certificate of title, to a salvage dealer or
scrap metal processing facility and shall cause the
off-highway
motorcycle or all-purpose vehicle to be dismantled,
flattened,
crushed, or destroyed. (2) Obtain a salvage certificate of title to the
off-highway
motorcycle or all-purpose vehicle in
the name of the
self-insured
organization, rental or leasing
company, or secured
creditor, as
provided in division
(C)(1) of this section, and
then sell or
otherwise dispose of the off-highway
motorcycle or
all-purpose
vehicle. If the off-highway
motorcycle or
all-purpose vehicle is
sold, the self-insured organization,
rental or leasing company,
or
secured creditor shall obtain a
salvage certificate of title
to
the off-highway motorcycle or
all-purpose
vehicle in the name of
the purchaser from
the
a
clerk
of
the
a court
of common pleas
of the
county in which the
purchaser
resides. (E) If an
off-highway motorcycle or all-purpose vehicle
titled with a
salvage certificate of title is restored for
operation, application shall be
made to
the
a clerk of
the
a
court
of
common pleas for a certificate of title after
inspection by the
state highway patrol. The inspection shall
include establishing
proof of
ownership and an inspection of the
motor number and
vehicle
identification number of the
off-highway motorcycle
or
all-purpose vehicle and of
documentation or receipts for the
materials used in restoration
by the owner of the
off-highway
motorcycle or all-purpose
vehicle being inspected,
which
documentation or receipts shall
be presented at the time
of
inspection. Upon successful
completion of the inspection, the
state
highway patrol shall
issue to the owner a completed
inspection
form. The clerk, upon
submission of the completed
inspection form and
surrender of the
salvage
certificate of title,
shall issue a certificate of title
for a
fee prescribed by the
registrar. The certificate of title
shall
be in the same form as
the original certificate of title,
shall
bear the same number as
the salvage certificate of title
and the
original certificate of
title, and shall bear the words
"REBUILT SALVAGE" in black
boldface letters on its face. Every
subsequent certificate of
title, memorandum certificate of title,
or certified copy of a
certificate of title or memorandum
certificate of title issued
for
the off-highway motorcycle or
all-purpose
vehicle also shall bear
the words
"REBUILT
SALVAGE" in black boldface letters on its face.
The exact
location on
the face of the certificate of title of
the
words
"REBUILT SALVAGE" shall be determined by the registrar,
who
shall develop an
automated procedure within the automated title
processing system
to comply with this division. The clerk shall
use reasonable
care in performing the duties imposed on the clerk
by this
division in issuing a certificate of title pursuant to
this
division, but the clerk is not liable for errors or
omissions
of
the clerk of courts, the clerk's deputies, or the
automated
title processing system in the performance of such
duties. A
fee
of fifty dollars shall be assessed by the state
highway patrol for
each inspection made pursuant to this
division. (F) No
off-highway motorcycle or all-purpose vehicle the
certificate
of title to which has been marked
"FOR DESTRUCTION"
and
surrendered to
the
a clerk of
the
a court of
common pleas
shall be
used for anything except parts and scrap metal. Sec. 4519.62. In the event of a lost or destroyed
certificate of title,
application shall be made to
the
a clerk of
the
a
court of common pleas
of the
county where the certificate
of
title was issued, by the owner of the
off-highway motorcycle
or
all-purpose vehicle, or the holder of a
lien
thereon
on it,
for a
certified copy of the certificate,
upon a form prescribed
by the
registrar of motor vehicles and accompanied by the fee
prescribed
by
section 4519.59 of the Revised Code. The
application shall be
signed
and
sworn
to by the person making
the application, and the
clerk shall issue a certified
copy of
the certificate of title to
the person entitled to receive it
under
this chapter. The
certified copy shall be plainly marked
across its face with
the
word
"duplicate," and any subsequent
purchaser of the
off-highway
motorcycle or all-purpose vehicle
in the chain of title
originating through
the certified copy
acquires only such rights
in the off-highway
motorcycle or
all-purpose vehicle as the
original holder of the certified
copy
had. Any purchaser of the
off-highway motorcycle or
all-purpose
vehicle, at the time of
purchase, may require the seller of the
same to indemnify the
purchaser and all subsequent purchasers of
the
off-highway
motorcycle or all-purpose vehicle against any
loss
that
the
purchaser or subsequent purchasers may suffer by
reason of any
claim
presented upon the original certificate. In
the event of
the recovery of the
original certificate of title
by
said
the
owner, the owner shall
surrender
forthwith the
original
certificate of title
it immediately to the
clerk for
cancellation. The holder of a certificate of title for an off-highway
motorcycle
or all-purpose vehicle upon which is noted an existing
lien, encumbrance, or
mortgage, may make application at any time
to
the
a clerk
who
issued the
certificate of title for a
memorandum certificate, which application shall
be
made in the
form prescribed by the registrar and signed
and sworn to by the
applicant. Upon receipt of the application, if it appears to be
correct,
together with the fee prescribed by section 4519.59 of
the Revised Code, the
clerk shall
issue to the applicant a
memorandum certificate for the
off-highway motorcycle or
all-purpose vehicle.
In the event
If
the memorandum
certificate
is
lost or destroyed, the holder
thereof
of it may obtain a
certified
copy of
the
same
it upon the filing of an application
with the
clerk on a form
prescribed by the registrar
and,
accompanied by
the fee
prescribed in section 4519.59 of the
Revised Code. The
memorandum
certificate is not
assignable and
constitutes no
evidence of title or of right to transfer or
encumber the
off-highway motorcycle or all-purpose vehicle
described
therein
in
it.
Sec. 4519.631. The registrar of motor vehicles shall enable
the
public to access off-highway motorcycle and all-purpose
vehicle title
information via electronic means. No fee shall be
charged for this access. The title information that must be so
accessible is only the title information that is in an electronic
format at the time a person requests this access.
The registrar,
in
accordance with Chapter 119. of the
Revised
Code, shall
adopt
rules governing this access. In
adopting the
rules, the
registrar
shall confer with the clerks
of the courts of common
pleas.
Access
by the public to off-highway motorcycle and
all-purpose
vehicle
title information under this section shall
comply with all
restrictions
contained in the Revised Code and
federal law that
govern
the disclosure of that information. Sec. 4519.66. No person shall do any of the following: (A) Operate in this state an off-highway motorcycle
or
all-purpose vehicle without having a certificate of title
for the
off-highway
motorcycle or all-purpose vehicle, if such a
certificate is required by this
chapter to be issued for the
off-highway motorcycle or all-purpose
vehicle,
or, if a physical
certificate of title has not been issued
for it, operate an
off-highway motorcycle or all-purpose vehicle knowing that
the
ownership information relating to the motorcycle or vehicle has
not been
entered into the automated title processing system by a
clerk of a court of
common pleas; (B) Operate in this state an off-highway motorcycle
or
all-purpose vehicle if a certificate of title to the off-highway
motorcycle or
all-purpose vehicle has been issued and then has
been canceled; (C) Fail to surrender any certificate of title upon
cancellation
of
the same
it by the registrar of motor vehicles
and
notice
thereof
of the cancellation as
prescribed in this
chapter; (D) Fail to surrender the certificate of title to
the
a
clerk
of
the
a
court of common pleas as provided in this
chapter,
in case of the destruction
or dismantling of, or change
in, the
off-highway motorcycle or
all-purpose vehicle described
in the
certificate of title; (E) Violate
any provision of sections 4519.51 to 4519.70 of
the Revised Code for which no penalty
is otherwise provided or
any
lawful rules
promulgated
adopted pursuant to
those
sections; (F) Operate in this state an off-highway motorcycle or
all-purpose vehicle knowing that the certificate of title to or
ownership of
the motorcycle or vehicle as otherwise reflected in
the automated title
processing system has been canceled. Sec. 4519.67. No person shall do any of the following: (A) Procure or attempt to procure a certificate of title to
an
off-highway motorcycle or all-purpose vehicle, or pass or
attempt
to pass a certificate of title or any assignment
thereof
of a
certificate of title to an
off-highway motorcycle or
all-purpose vehicle,
or in any other manner gain
or
attempt to
gain ownership to an off-highway motorcycle or all-purpose
vehicle, knowing or having reason to
believe that the off-highway
motorcycle or all-purpose vehicle
has been stolen; (B) Sell or offer for sale in this state an
off-highway
motorcycle or all-purpose vehicle on which the manufacturer's or
assigned
vehicle identification number has been destroyed,
removed, covered, altered,
or defaced with knowledge of the
destruction, removal, covering, alteration,
or defacement of the
manufacturer's or assigned vehicle identification
number; (C)
Sell
Except as otherwise provided in this chapter, sell
or transfer an off-highway motorcycle or
all-purpose vehicle
without delivering to the purchaser or transferee
thereof
of it
a
certificate of title, or a manufacturer's or importer's
certificate
thereto
to it,
assigned to the purchaser as provided
for in this chapter. Sec. 4519.68. (A)(1) Chapter 1309. of the Revised Code does
not permit or
require the deposit,
filing, or other record of a
security interest covering an off-highway
motorcycle or
all-purpose vehicle, except as provided
in division
(A)(2) of
this
section. (2)
Sections 1309.01 to 1309.50
Chapter 1309. of the
Revised
Code
apply
applies to a security
interest in an off-highway
motorcycle or all-purpose vehicle
held as inventory, as defined
in
division
(D) of section 1309.07 of the
Revised
Code, for
sale by a
dealer.
The security interest has priority over
creditors of the
dealer
as provided in
sections 1309.01 to
1309.50
Chapter 1309. of
the
Revised
Code without notation of
the
security interest on a
certificate of title,
without entry
of a
notation of the security
interest into the automated title
processing system
if a physical
certificate of title has not
been issued, or without
the
retention
of a manufacturer's or
importer's certificate. (B) Subject to
division (A) of this
section,
any security
agreement covering a security interest in an
off-highway
motorcycle or all-purpose vehicle,
if a notation of the
agreement
has been made by
the
a clerk of
the
a
court of common
pleas on the
face
of the certificate of title
or if the clerk
has entered a
notation of the
agreement into the automated title
processing
system if a physical
certificate of title has not
been issued, is
valid as against the
creditors of
the debtor,
whether armed with
process or not, and against subsequent
purchasers, secured
parties, and other lienholders or claimants.
All security
interests, liens,
mortgages, and
encumbrances
noted upon
entered
into the automated title processing
system in
relation to a
particular certificate of title, regardless of
whether a
physical certificate of title
is issued,
take
priority
according
to the order of time in which they are
noted
thereon
entered into
the automated title processing system by the
clerk.
Exposure for
sale of any off-highway motorcycle or
all-purpose
vehicle by its
owner, with the knowledge or with the
knowledge
and
consent of the
holder of any security interest,
lien,
mortgage, or encumbrance
thereon
on it, does not
render the
security interest, lien,
mortgage, or encumbrance ineffective as
against the creditors
of
the owner, or against holders of
subsequent security interests,
liens,
mortgages, or
encumbrances upon the off-highway motorcycle
or all-purpose
vehicle. The secured party, upon presentation of
the
evidence of a
security
agreement
interest to
the
a clerk
of
the
a court of
common pleas
of the county in which the
certificate of title
was
issued, together with the certificate of title
if a
physical
certificate of title for the off-highway motorcycle or all-purpose
vehicle exists, and the fee prescribed by
section 4519.59 of the
Revised Code,
may have a notation of the security interest made
on
the
face of the
certificate of title, and, if such a
notation is
made, another notation
of the
lien
security interest
shall
be
entered into the automated title processing system
for
motor
vehicle
titles.
The
Unless the secured party specifically
requests
the
clerk not to issue a physical certificate of title
and instead
to issue an
electronic certificate of title, the
clerk, over the
clerk's signature and seal of office,
shall
issue
a new original
certificate of title from the
automated
title
processing system
that indicates the security
interest
and the
date of the security
interest. When the
If a security interest is discharged
and the holder
of the security interest holds a physical certificate of title,
the holder
thereof
of the security interest shall note
the
its
discharge
over the holder's signature on the face of the
certificate of title
or over the holder's signature on a form
prescribed by the registrar of motor
vehicles when there is no
space for the discharge on the face of the
certificate of title.
Prior to delivering the certificate
of title to
the owner, the
holder or the holder's agent shall present it and any
additional
information
the
a clerk requires to
the
a
clerk to have the clerk
note
the cancellation of the security interest on the
face of
the
certificate of title and upon the records of the clerk.
If
the
cancellation
discharge
appears to be genuine, the clerk shall
note the
cancellation on the
certificate of title and also shall
note the
cancellation on
the clerk's records and notify the
registrar, who
shall note the cancellation.
If a security
interest that is
discharged does not appear on the face
of the
certificate
of
title, but instead was entered into the automated
title processing
system
for motor vehicles, the clerk shall enter
the cancellation
into the
automated
title processing system and
also shall note
the
cancellation on a form
prescribed by the
registrar.
(C) If a physical certificate of title has not been issued
for
an off-highway motorcycle or all-purpose vehicle and all the
security
interests relating to that motorcycle or vehicle
have
been discharged, the owner of the motorcycle or vehicle may obtain
a
physical
certificate of title from the clerk of any court of
common pleas upon payment
of the fee specified in section 4519.59
of the Revised
Code.
(D) If a clerk of a court of common pleas, other than the
clerk
of the court of common pleas of the county in which the
owner of an
off-highway motorcycle or all-purpose vehicle
resides,
enters a notation of
the existence of, or the
cancellation
of, a
security interest relating to the off-highway
motorcycle or
all-purpose
vehicle, the clerk shall
transmit the
data relating to
the notation to the automated
title processing
system.
SECTION 2. That existing sections 325.33, 1548.01, 1548.02,
1548.03,
1548.06, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12,
1548.13, 1548.17, 1548.18, 1548.19, 1548.20, 4501.01,
4503.03,
4503.10,
4503.182, 4505.03,
4505.04,
4505.06,
4505.08,
4505.09, 4505.10, 4505.102, 4505.11,
4505.12,
4505.13,
4505.18,
4505.181, 4505.19, 4505.20, 4519.01,
4519.03,
4519.51,
4519.52,
4519.53,
4519.55, 4519.57, 4519.58, 4519.59,
4519.60,
4519.61,
4519.62, 4519.66,
4519.67, and 4519.68 of the
Revised
Code are
hereby repealed.
SECTION 3. (A) The Registrar of Motor
Vehicles shall adopt
rules that establish a pilot program to
appoint limited authority
deputy registrars. Notwithstanding any contrary provision
of
section
4503.03 of the Revised Code, the Registrar may appoint
the clerk
of a court of common pleas as a limited authority
deputy registrar
under the
program. Each limited
authority
deputy registrar
appointed under the program shall
conduct only
initial and
transfer motor vehicle registration
transactions via
electronic
means, and VIN inspections, in a manner approved in
the
rules
that
the Registrar adopts; is entitled to collect and
retain a
fee of
two dollars and seventy-five cents for each
transaction or physical inspection that
the limited
authority
deputy
registrar
conducts on and after the
effective date of this
section and before
January 1, 2003, a fee
of three dollars and
twenty-five cents for
each transaction or
physical inspection that
the limited authority
deputy registrar
conducts on and after
January 1, 2003, and
before January 1,
2004, and a fee of three
dollars and fifty cents
for each
transaction or physical
inspection that the limited
authority
deputy registrar conducts on
and after January 1, 2004;
and shall
collect all fees
and taxes
that are
required
by law
and related
to the
transactions
or
inspections in a manner
approved by the
Registrar. All fees
collected and retained by a
clerk of a court of common pleas for
conducting transactions or
inspections as a limited authority
deputy registrar shall be paid
into the county treasury to the
credit of the certificate of title
administration fund created
under section 325.33 of the Revised
Code. A limited
authority deputy registrar
appointed under
the
program is not
subject to the
contribution
limitations
contained in division (B)
of section 4503.03 of the
Revised Code
or to the filing
requirement contained in division
(A) of
section 4503.033 of the
Revised Code.
(B) The Registrar shall adopt the rules required by division
(A)
of this section not later than 30 days after the effective
date of
this section. (C) The Registrar shall make recommendations, not later than
twenty-four months after the effective date of this section, to
the Governor, Speaker of the House of Representatives, and
President of the Senate
regarding the success of the pilot
program
established under division (A) of this section and the
feasibility
of establishing a permanent system of limited
authority deputy
registrars. SECTION 4. (A) The Legislative Service Commission shall
conduct a study of
both of the following:
(1) The effect of this act on customer service in the
issuance of
certificates of title; (2) The fiscal impact of this act, including, but not
limited
to, its impact
on the collection of state and local
permissive
sales and use taxes and on
balances in county
certificate of title
administration funds. (B) The Commission, in conducting the study, may seek the
assistance of state
agencies, political subdivisions,
and
organizations such as the
County Commissioners Association of
Ohio, the Ohio
Clerk of
Courts
Association, and the Ohio
Automobile Dealers Association.
(C) The Commission shall complete the study not later than
February 15, 2003. SECTION 5. In accordance with a schedule and on a form
adopted by the Registrar of Motor Vehicles, a clerk of a court of
common pleas may certify to the Registrar any net revenue loss
that the clerk incurs during the first three years following the
effective date of this section and that is attributable to the
implementation of this act. The clerk shall certify net revenue
loss based upon a comparison of the revenue the clerk received
during a period of time, as determined by the Registrar, preceding
the effective date of this section, with the revenue the clerk
receives during comparable periods of time during the first three
years following the effective date of this section.
From the automated title processing fund created by section
4505.09 of the Revised Code, the Registrar shall make on a
monthly
basis during those three years payments to any clerk who
certifies
a net revenue loss for an applicable reporting period.
During the
first year of payments, the payments shall
equal one hundred per
cent of the certified net revenue loss for
an
applicable reporting
period. During the second year of
payments, the payments shall
equal seventy-five per cent
of the certified
net revenue loss for
an applicable reporting
period. During the third year of
payments, the payments shall equal fifty per cent of the certified
net revenue loss for an applicable reporting period.
The Registrar shall adopt rules as necessary to implement
this section.
SECTION 6. The Registrar of Motor Vehicles shall implement to
the maximum extent practicable all provisions of sections 4501.01,
4503.03, 4503.035, 4503.10, 4503.182, 4505.021, 4505.03, 4505.032,
4505.04, 4505.06, 4505.062, 4505.08, 4505.09, 4505.10, 4505.102,
4505.11,
4505.12, 4505.13, 4505.141, 4505.18, 4505.181, 4505.19,
4505.20,
4505.25, 4519.01, 4519.03, 4519.51, 4519.511, 4519.512,
4519.52,
4519.521, 4519.53, 4519.55, 4519.551, 4519.57, 4519.58,
4519.59,
4519.60, 4519.62, 4519.631, 4519.66, 4519.67, and 4519.68
of the
Revised Code as amended or enacted by this act, and the
provisions
of Section 3 of this act, by no later than nine months
after the
effective date of this section. The Chief of the Division of Watercraft in the Division of
Natural Resources shall implement to the maximum extent
practicable all provisions of sections 1548.02, 1548.021, 1548.03,
1548.06, 1548.061, 1548.08, 1548.09, 1548.10, 1548.11, 1548.12,
1548.13,
1548.141, 1548.17, 1548.18, 1548.19, and 1548.20 of the
Revised Code as amended or enacted by this act by no later than
nine months after the effective date of this section.
|