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Sub. H. B. No. 199 As Reported by the House Transportation and Infrastructure CommitteeAs Reported by the House Transportation and Infrastructure Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Williams, B., Ujvagi, Fende, Hagan, Domenick, Letson, Luckie, Foley, Combs, Balderson
A BILL
To amend sections 4501.01, 4503.181, 4513.38, and
4519.03 and to enact section 4505.072 of the
Revised Code to classify street rods and custom
vehicles as historical vehicles for motor vehicle
registration, certificate of title, and equipment
purposes and to eliminate the provision in the
Special Vehicle Law that permits owners of certain
off-highway motorcycles and all-purpose vehicles
to register the motorcycles and vehicles by
presenting affidavits of ownership rather than
certificates of title.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4503.181, 4513.38, and
4519.03 be amended and section 4505.072 of the Revised Code be
enacted to read as follows:
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4510., 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 electric personal
assistive mobility devices, 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 utility
vehicles as defined in division (VV) of this section, 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,
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)(1) "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.
"Historical motor
vehicle" includes a street rod or a custom vehicle, regardless of
whether the street rod or custom vehicle actually is more than
twenty-five years old or was manufactured to resemble a vehicle
that is over twenty-five years old.
(2) As used in this division:
(a) "Street rod" means a motor vehicle whose model year was
1948 or earlier, or a vehicle that was manufactured after 1948 to
resemble a vehicle manufactured before 1949, that additionally has
been altered from the manufacturer's original design or has a body
constructed of nonoriginal material.
(b) "Custom vehicle" means a motor vehicle that is over
twenty-five years old whose model year was after 1948, or a
vehicle that was manufactured to resemble a vehicle that is over
twenty-five years old and of a model year after 1948, that
additionally has been altered from the manufacturer's original
design or has a body constructed of nonoriginal material.
(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 two tandem wheels, or one wheel in front and two
wheels in the rear, or two wheels in the front and one wheel 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, agricultural tractors, threshing
machinery, hay-baling machinery, corn shellers, hammermills, and
machinery used in the production of horticultural, agricultural,
and vegetable products.
(V) "Owner" includes any person or firm, 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
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 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 (J)
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 or 4503.65 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 or 4503.65
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.
(TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled device that is designed to
transport only one person, has an electric propulsion system of an
average of seven hundred fifty watts, and when ridden on a paved
level surface by an operator who weighs one hundred seventy pounds
has a maximum speed of less than twenty miles per hour.
(UU) "Limited driving privileges" means the privilege to
operate a motor vehicle that a court grants under section 4510.021
of the Revised Code to a person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle
designed with a bed, principally for the purpose of transporting
material or cargo in connection with construction, agricultural,
forestry, grounds maintenance, lawn and garden, materials
handling, or similar activities. "Utility vehicle" includes a
vehicle with a maximum attainable speed of twenty miles per hour
or less that is used exclusively within the boundaries of state
parks by state park employees or volunteers for the operation or
maintenance of state park facilities.
Sec. 4503.181. (A) As used in this section, "historical
motor vehicle" means any motor vehicle that is more than
twenty-five years old and that is owned solely as a collector's
item and for participation in club activities, exhibitions, tours,
parades, and similar uses, but in no event is used for general
transportation. "Historical motor vehicle" includes a street rod
or a custom vehicle, regardless of whether the street rod or
custom vehicle actually is more than twenty-five years old or was
manufactured to resemble a vehicle that is over twenty-five years
old.
(B) In lieu of the annual license tax levied in sections
4503.02 and 4503.04 of the Revised Code, a license fee of ten
dollars is levied on the operation of an historical motor vehicle.
(C) A person who owns an historical motor vehicle and applies
for license plates under this section shall execute an affidavit
that the vehicle for which plates are requested is owned and
operated solely for the purposes enumerated in division (A) of
this section, and also setting forth in the affidavit that the
vehicle has been inspected in accordance with applicable
requirements of Chapter 4513. of the Revised Code and found is
safe to operate on the public roads and highways in the state. A
person who owns an historical motor vehicle and desires to display
model year license plates on the vehicle as permitted by this
section shall execute at the time of registration an affidavit
setting forth that the model year license plates the person
desires to display on the person's historical motor vehicle are
legible and serviceable license plates that originally were issued
by this state. No registration issued pursuant to this section
need specify the weight of the vehicle.
(D) A vehicle registered under this section may display
historical vehicle, street rod, or custom vehicle license plates,
as applicable, issued by the registrar of motor vehicles or model
year license plates procured by the applicant. Historical vehicle
license plates shall not bear a date, but shall bear the
inscription "Historical Vehicle--Ohio" and the registration
number, which shall be shown thereon. The owner of a street rod
may request issuance of street rod license plates, which shall not
bear a date, but shall be inscribed with identifying words or
markings approved by the registrar. The owner of a custom vehicle
may request issuance of custom vehicle license plates, which shall
not bear a date, but shall be inscribed with identifying words or
markings approved by the registrar. Model year license plates
shall be legible and serviceable license plates issued by this
state and inscribed with the date of the year corresponding to the
model year when the vehicle was manufactured. Notwithstanding
section 4503.21 of the Revised Code, only one model year license
plate is required to be displayed on the rear of the historical
motor vehicle at all times. The registration certificate and the
historical vehicle license plates issued by the registrar shall be
kept in the vehicle at all times the vehicle is operated on the
public roads and highways in this state.
Notwithstanding section 4503.21 of the Revised Code, the
owner of an historical motor vehicle that was manufactured for
military purposes and that is registered under this section may
display the assigned registration number of the vehicle by
painting the number on the front and rear of the vehicle. The
number shall be painted, in accordance with the size and style
specifications established for numerals and letters shown on
license plates in section 4503.22 of the Revised Code, in a color
that contrasts clearly with the color of the vehicle, and shall be
legible and visible at all times. Upon application for
registration under this section and payment of the license fee
prescribed in division (B) of this section, the owner of such an
historical motor vehicle shall be issued historical vehicle
license plates. The registration certificate and at least one such
license plate shall be kept in the vehicle at all times the
vehicle is operated on the public roads and highways in this
state. If ownership of such a vehicle is transferred, the
transferor shall surrender the historical vehicle license plates
or transfer them to another historical motor vehicle the
transferor owns, and remove or obliterate the registration numbers
painted on the vehicle.
(E) Historical vehicle, street rod, custom vehicle, and model
year license plates are valid without renewal as long as the
vehicle for which they were issued or procured is in existence.
Historical vehicle, street rod, and custom vehicle plates are
issued for the owner's use only for such vehicle unless later
transferred to another appropriate historical motor vehicle owned
by that person. In order to effect such a transfer, the owner of
the historical motor vehicle that originally displayed the
historical vehicle, street rod, or custom vehicle plates shall
comply with division (C) of this section. In the event of a
transfer of title, the transferor shall surrender historical
vehicle, street rod, or custom vehicle license plates or transfer
them to another appropriate historical motor vehicle owned by the
transferor, but model year license plates may be retained by the
transferor. The registrar may revoke license plates issued under
this section, for cause shown and after hearing, for failure of
the applicant to comply with this section. Upon revocation,
historical vehicle, street rod, and custom vehicle license plates
shall be surrendered; model year license plates may be retained,
but no longer are valid for display on the vehicle.
(F) The owner of an historical motor vehicle bearing
historical vehicle, street rod, or custom vehicle license plates
may replace them with model year license plates by surrendering
the historical vehicle, street rod, or custom vehicle license
plates and motor vehicle certificate of registration to the
registrar. The owner, at the time of registration, shall execute
an affidavit setting forth that the model year plates are legible
and serviceable license plates that originally were issued by this
state. Such an owner is required to pay the license fee prescribed
by division (B) of this section, but the owner is not required to
have the historical motor vehicle reinspected under division (C)
of this section.
A person who owns an historical motor vehicle bearing model
year license plates may replace them with historical vehicle,
street rod, or custom vehicle license plates, as applicable, by
surrendering the motor vehicle certificate of registration and
applying for issuance of historical vehicle, street rod, or custom
vehicle license plates. Such a person is required to pay the
license fee prescribed by division (B) of this section, but the
person is not required to have the historical motor vehicle
reinspected under division (C) of this section.
Sec. 4505.072. The certificate of title for a street rod or
custom vehicle shall contain the actual model year of the vehicle
or the model year that the body of the vehicle was constructed to
resemble, as stated by the owner. If the certificate of title for
a street rod or custom vehicle contains the model year that the
body of the vehicle was constructed to resemble, the entry
"r-replica" shall follow the final digit of the model year on the
certificate of title.
Sec. 4513.38. No person shall be prohibited from owning or
operating a licensed collector's vehicle or historical motor
vehicle that is equipped with a feature of design, type of
material, or article of equipment that was not in violation of any
motor vehicle equipment law of this state or of its political
subdivisions in effect during the calendar year the vehicle was
manufactured, and no licensed collector's vehicle or historical
motor vehicle shall be prohibited from displaying or using any
such feature of design, type of material, or article of equipment.
No person shall be prohibited from owning or operating a
licensed collector's vehicle or historical motor vehicle for
failing to comply with an equipment provision contained in Chapter
4513. of the Revised Code or in any state rule that was enacted or
adopted in a year subsequent to that in which the vehicle was
manufactured, and no licensed collector's vehicle or historical
motor vehicle shall be required to comply with an equipment
provision enacted into Chapter 4513. of the Revised Code or
adopted by state rule subsequent to the calendar year in which it
was manufactured. No political subdivision shall require an owner
of a licensed collector's vehicle or historical motor vehicle to
comply with equipment provisions contained in laws or rules that
were enacted or adopted subsequent to the calendar year in which
the vehicle was manufactured, and no political subdivision shall
prohibit the operation of a licensed collector's vehicle or
historical motor vehicle for failure to comply with any such
equipment laws or rules.
For purposes of this section, the year of manufacture for a
historical vehicle that is a street rod or custom vehicle shall be
the model year contained on the certificate of title for the
vehicle issued in accordance with section 4505.072 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 year, make,
model, 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 under that section. The
statement shall include a check list of the required equipment
items in the form 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 under that section, the registration shall be refused, and
no registration sticker, license plate, or validation sticker
shall be issued.
(B) Except as provided in this division, no
No certificate of
registration or renewal of 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 a physical certificate of title or 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 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.
In the case of an off-highway motorcycle or
all-purpose vehicle that was purchased prior to October 1, 2005,
and for which a certificate of title has not been issued, the
owner shall not be required to present a physical certificate of
title or memorandum certificate of title or an electronic
certificate of title for the motorcycle or vehicle but instead may
present a signed affidavit of ownership in a form prescribed by
the registrar. The affidavit shall include, at a minimum, the date
of purchase, make, model, and vehicle identification number of the
motorcycle or vehicle. If no vehicle identification number has
been assigned to the off-highway motorcycle or all-purpose
vehicle, then the serial number of the motorcycle or vehicle shall
be presented at the time of application.
(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. In the case of an off-highway motorcycle or all-purpose
vehicle that was purchased prior to October 1, 2005, and for which
a certificate of title has not been issued, the owner shall not be
required to present a physical certificate of title or memorandum
certificate of title or an electronic certificate of title for the
motorcycle or vehicle but instead may present a signed affidavit
of ownership in a form prescribed by the registrar. The affidavit
shall include, at a minimum, the date of purchase, make, model,
and vehicle identification number of the motorcycle or vehicle. If
no vehicle identification number has been assigned to the
off-highway motorcycle or all-purpose vehicle, then the serial
number of the motorcycle or vehicle shall be presented at the time
of application. If, when the owner of such 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 the certificate of title or memorandum certificate of
title does not accompany the registration or, in the case of an
electronic certificate of title or ownership affidavit, it 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, license plate, or
validation sticker shall be issued. When a certificate of
registration and registration sticker, license plate, or
validation 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 affidavit, 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 three
dollars and fifty cents 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 the manner and at the times the
registrar, subject to the approval of the director of public
safety and the treasurer of state, shall prescribe by rule.
Section 2. That existing sections 4501.01, 4503.181, 4513.38,
and 4519.03 of the Revised Code are hereby repealed.
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