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H. B. No. 73 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Garrison, Fende
Cosponsors:
Representatives Luckie, Murray, Pryor, Williams, B., Sayre, Letson, Boyd, Chandler, Winburn, Okey, Harris, Bolon, Koziura, Pillich, DeGeeter, Yuko, Balderson, Evans
A BILL
To amend section 4503.20 of the Revised
Code to
require proof of financial responsibility
to be
submitted as a condition of registering a
motor
vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4503.20 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.
Section 2. That existing section 4503.20 of the
Revised Code
is hereby repealed.
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