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H. B. No. 109 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives Ujvagi, Chandler, Stewart, D., Miller, Fende, Skindell
A BILL
To amend sections 4503.20 and 4507.212 of the Revised Code to require proof of financial responsibility to be submitted as a condition of registering a motor vehicle and of being issued or renewing a driver's license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.20 and 4507.212 of the Revised Code be amended to read as follows:
Sec. 4503.20. (A) As used in this section: (1) "Dealer engaged in the business of leasing motor
vehicles" means any person engaged in the business of regularly
making available, offering to make available, or arranging for
another person to use a motor vehicle pursuant to a bailment,
lease, or other contractual arrangement. (2) "Motor vehicle" has and "proof of financial responsibility" have the meaning meanings set forth in section
4509.01 of the Revised Code. (B) An application for the registration of a motor vehicle
shall contain a statement, to be signed by the applicant either manually
or by electronic signature, that does all of the following: (1) States that the applicant maintains, or has maintained on
the applicant's behalf, proof of financial responsibility at the time
of application, and will not operate a motor
vehicle in this state, unless the applicant maintains, with
respect to that motor vehicle or the operation of such vehicle, proof of
financial responsibility; (2) Contains a brief summary of the purposes and operation
of section 4509.101 of the Revised Code, the rights and duties of
the applicant under that section, and the penalties for violation
of that section; (3) Warns the applicant that the financial responsibility
law does not prevent the possibility that the applicant may be
involved in an accident with an owner or operator of a motor
vehicle who is without proof of financial responsibility; (4) Is accompanied by proof of financial responsibility demonstrated in a manner described in division (G) of section 4509.101 of the Revised Code. (C)(1) A person who purchases any motor vehicle from a
licensed motor vehicle dealer who agrees to make application for
registration of the motor vehicle on behalf of the purchaser
shall sign statements that comply with divisions (B) and (F) of this
section. The person also shall submit proof of financial responsibility demonstrated in a manner described in division (G) of section 4509.101 of the Revised Code. The dealer shall submit the statements and proof of financial responsibility to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person. (2) In the case of a person who leases any motor vehicle
from a dealer engaged in the business of leasing motor vehicles
who agrees to make application for registration of the motor
vehicle on behalf of the lessee, the person shall sign a
statement that complies with division (B) of this section, and
shall submit proof of financial responsibility demonstrated in a manner described in division (G) of section 4509.101 of the Revised Code. The dealer shall do either of the following: (a) Submit the statement signed by the person and the proof of financial responsibility to the
deputy registrar where the dealer has agreed to make application
for registration on behalf of the person; (b) Sign Submit the proof of financial responsibility to the deputy registrar, and sign and submit a statement to the deputy registrar
that certifies that a statement has been signed and filed with
the dealer or incorporated into the lease. The dealer shall submit to the registrar or deputy registrar to whom
the dealer submits the application for registration a statement signed
by the person that
complies with division (F) of this section. (D) The registrar of motor vehicles shall prescribe the
form of the statements required under divisions (B), (C), and (F) of
this section, and the manner or manners in which the statements
required under divisions (B) and (F) of this section shall be presented to
the applicant. Any statement that is required under divisions (B), (C), and
(F) of this section shall be designed to
enable the applicant to retain a copy of it. (E) Nothing within this section shall be construed to
excuse a violation of section 4509.101 of the Revised Code. A motor vehicle
dealer who makes application for the registration of a motor vehicle on behalf
of the purchaser or lessee of the motor vehicle is not liable in damages in
any civil action on account of the act of making such application for
registration or the content of any such application for registration. (F) In addition to the statements required by divisions (B) and (C) of this
section, a person who makes application for registration of a motor vehicle
shall be furnished with a form that lists in plain language all the possible
penalties to which a person could be subject for a violation of the financial
responsibility law, including driver's license suspensions; all fees,
including nonvoluntary compliance and reinstatement fees; and vehicle
immobilization or impoundment. The person shall read the form and
either manually or by electronic signature sign the form, which
shall be submitted along with the application for registration as provided in
this section. The form shall be retained by the registrar or deputy registrar
who issues the motor vehicle registration or the registrar's or
deputy registrar's successor for a period of two years from the date of
issuance of the registration. (G) Upon the registration of a motor vehicle, the owner of the motor vehicle
is deemed to have agreed to the production of proof of financial
responsibility by the owner or the operator of the motor
vehicle, upon the request of a peace officer or state highway patrol trooper
made in accordance with division (E)(D)(2) of section 4509.101
of the Revised
Code. (H) The registrar shall adopt rules governing the renewal of
motor vehicle registrations by electronic means and the
completion and submission of statements that comply with divisions
(B) and (F) of this section. The registrar shall adopt the
rules prescribed by this division in accordance with Chapter 119.
of the Revised Code.
Sec. 4507.212. (A) As used in this section, "motor
vehicle" has and "proof of financial responsibility" have the same meaning meanings as in section 4509.01 of the
Revised Code. (B) An application for a driver's, commercial driver's,
restricted, or probationary license, or renewal of such license
shall contain a statement, to be signed by the applicant, that
does all of the following: (1) States that the applicant maintains, or has maintained on
his the applicant's behalf, proof of financial responsibility at
the time of
application, and will not operate a motor
vehicle in this state, unless he the applicant maintains, or has
maintained on
his the applicant's behalf, proof of financial responsibility; (2) Contains a brief summary of the purposes and operation
of section 4509.101 of the Revised Code, the rights and duties
of
the applicant under that section, and the penalties for
violation
of that section; (3) Warns the applicant that the financial responsibility
law does not prevent the possibility that the applicant may be
involved in an accident with an owner or operator of a motor
vehicle who is without proof of financial responsibility; (4) Is accompanied by proof of financial responsibility demonstrated in a manner described in division (G) of section 4509.101 of the Revised Code. (C) The registrar of motor vehicles shall prescribe the
form of the statement, and the manner in which the
statement shall be presented to the applicant. The statement
shall be designed to enable the applicant to
retain a copy of it. (D) Nothing within this section shall be construed to
excuse a violation of section 4509.101 of the Revised Code. (E) At the time a person submits an application for a driver's,
commercial driver's, restricted, or probationary license, or
renewal of such a license, the applicant also shall be furnished
with a form that lists in plain language all the possible
penalties to which the applicant could be subject for a
violation of the financial responsibility law, including driver's
license suspensions; all fees, including nonvoluntary compliance
and reinstatement fees; and vehicle immobilization or impoundment. The
applicant shall sign the form, which
shall be submitted along with the application. The form shall
be retained by the registrar or deputy registrar who issues the
license or renewal or his the registrar's or deputy registrar's
successor for a period of two years
from the date of issuance of the license or renewal. The
registrar shall prescribe the manner in which the form shall be
presented to the applicant, and the format of the form, which
shall be such that the applicant can retain a copy of it.
Section 2. That existing sections 4503.20 and 4507.212 of the Revised Code are hereby repealed.
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