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S. B. No. 114 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Kearney
A BILL
To amend sections 4501.01, 4501.13, 4503.04, 4503.21,
4503.22, 4503.544, 4507.05, 4507.11, 4511.01,
4511.53, 4513.241, 4517.33, 4519.01, 4519.02, and
4775.09 and to enact sections 4511.214 and
4511.215 of the Revised Code to establish
conditions for the operation of certain
specialized motor vehicles, including low-speed
and under-speed vehicles, scooters, cab-enclosed
motorcycles, and mini-trucks; to establish
conditions for operation of a motorcycle with a
temporary instruction permit; to prohibit a motor
vehicle manufacturer, remanufacturer, or
distributor from providing to a licensed motor
vehicle dealer a motor vehicle that violates
window tinting standards; to increase the penalty
for installing nonconforming glass or other
material; to establish civil liability for
installing nonconforming glass or other material,
including costs and attorney fees; and to impose a
registration or license suspension up to 180 days
on a registered motor vehicle collision repair
facility or licensed motor vehicle dealer upon a
second or subsequent violation for installing
nonconforming glass or other material.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4501.01, 4501.13, 4503.04, 4503.21,
4503.22, 4503.544, 4507.05, 4507.11, 4511.01, 4511.53, 4513.241,
4517.33, 4519.01, 4519.02, and 4775.09 be amended and sections
4511.214 and 4511.215 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
under-speed vehicles as defined in division (VV)(XX) of this
section, mini-trucks as defined in section 4519.01 of the Revised
Code, 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) "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 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" or "moped" 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 may be 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" or "house vehicle" means a
nonself-propelled recreational vehicle that does not exceed an
overall length of thirty-five forty 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 under-speed
motor 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.
(WW) "Low-speed vehicle" means a three- or four-wheeled motor
vehicle with an attainable speed in one mile on a paved level
surface of more than twenty miles per hour but not more than
twenty-five miles per hour and with a gross vehicle weight rating
less than three thousand pounds.
(XX) "Under-speed vehicle" means a three- or four-wheeled
vehicle, including a utility vehicle and a vehicle commonly known
as a golf cart, with an attainable speed on a paved level surface
of not more than twenty miles per hour and with a gross vehicle
weight rating less than three thousand pounds.
(YY) "Motor-driven cycle or motor scooter" means any vehicle
designed to travel on not more than three wheels in contact with
the ground, with a seat for the driver and floor pad for the
driver's feet, and is equipped with a motor with a piston
displacement between fifty and one hundred fifty cubic centimeters
piston displacement that produces not more than five brake
horsepower and is capable of propelling the vehicle at a speed
greater than twenty miles per hour on a level surface.
(ZZ) "Motorcycle" means a motor vehicle with motive power
having a seat or saddle for the use of the operator, designed to
travel on not more than three wheels in contact with the ground,
and having no occupant compartment top or occupant compartment top
that can be installed or removed by the user.
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with
motive power having a seat or saddle for the use of the operator,
designed to travel on not more than three wheels in contact with
the ground, and having an occupant compartment top or an occupant
compartment top that can be installed or removed by the user.
Sec. 4501.13. Six dollars of each registration fee
designated for payment to the registrar of motor vehicles in
division (A)(2)(1)(b) of section 4503.04 of the Revised Code shall
be deposited in the motorcycle safety and education fund, which is
hereby created in the state treasury and, unless otherwise
provided by law, shall be used solely to pay part or all of the
costs of conducting the motorcycle safety and education program
created by section 4508.08 of the Revised Code.
Sec. 4503.04. Except as provided in sections 4503.042 and
4503.65 of the Revised Code for the registration of commercial
cars, trailers, semitrailers, and certain buses, the rates of the
taxes imposed by section 4503.02 of the Revised Code shall be as
follows:
(A)(1) For motor vehicles having three wheels or less, the
license tax is:
(1)(a) For each motorized bicycle or moped, ten dollars;
(2)(b) For each motorcycle, cab-enclosed motorcycle,
motor-driven cycle, or motor scooter, fourteen dollars.
(2) For each low-speed and under-speed vehicle, ten dollars.
(B) For each passenger car, twenty dollars;
(C) For each manufactured home, each mobile home, and each
travel trailer or house vehicle, ten dollars;
(D) For each noncommercial motor vehicle designed by the
manufacturer to carry a load of no more than three-quarters of one
ton and for each motor home, thirty-five dollars; for each
noncommercial motor vehicle designed by the manufacturer to carry
a load of more than three-quarters of one ton, but not more than
one ton, seventy dollars;
(E) For each noncommercial trailer, the license tax is:
(1) Eighty-five cents for each one hundred pounds or part
thereof for the first two thousand pounds or part thereof of
weight of vehicle fully equipped;
(2) One dollar and forty cents for each one hundred pounds or
part thereof in excess of two thousand pounds up to and including
three thousand pounds.
(F) Notwithstanding its weight, twelve dollars for any:
(1) Vehicle equipped, owned, and used by a charitable or
nonprofit corporation exclusively for the purpose of administering
chest x-rays or receiving blood donations;
(2) Van used principally for the transportation of
handicapped persons that has been modified by being equipped with
adaptive equipment to facilitate the movement of such persons into
and out of the van;
(3) Bus used principally for the transportation of
handicapped persons or persons sixty-five years of age or older;.
(G) Notwithstanding its weight, twenty dollars for any bus
used principally for the transportation of persons in a
ridesharing arrangement.
(H) For each transit bus having motor power the license tax
is twelve dollars.
"Transit bus" means either a motor vehicle having a seating
capacity of more than seven persons which is operated and used by
any person in the rendition of a public mass transportation
service primarily in a municipal corporation or municipal
corporations and provided at least seventy-five per cent of the
annual mileage of such service and use is within such municipal
corporation or municipal corporations or a motor vehicle having a
seating capacity of more than seven persons which is operated
solely for the transportation of persons associated with a
charitable or nonprofit corporation, but does not mean any motor
vehicle having a seating capacity of more than seven persons when
such vehicle is used in a ridesharing capacity or any bus
described by division (F)(3) of this section.
The application for registration of such transit bus shall be
accompanied by an affidavit prescribed by the registrar of motor
vehicles and signed by the person or an agent of the firm or
corporation operating such bus stating that the bus has a seating
capacity of more than seven persons, and that it is either to be
operated and used in the rendition of a public mass transportation
service and that at least seventy-five per cent of the annual
mileage of such operation and use shall be within one or more
municipal corporations or that it is to be operated solely for the
transportation of persons associated with a charitable or
nonprofit corporation.
The form of the license plate, and the manner of its
attachment to the vehicle, shall be prescribed by the registrar of
motor vehicles.
(I) The Except as otherwise provided in division (A) or (J)
of this section, the minimum tax for any vehicle having motor
power other than a farm truck, a motorized bicycle, or motorcycle
is ten dollars and eighty cents, and for each noncommercial
trailer, five dollars.
(J)(1) Except as otherwise provided in division (J) of this
section, for each farm truck, except a noncommercial motor
vehicle, that is owned, controlled, or operated by one or more
farmers exclusively in farm use as defined in this section, and
not for commercial purposes, and provided that at least
seventy-five per cent of such farm use is by or for the one or
more owners, controllers, or operators of the farm in the
operation of which a farm truck is used, the license tax is five
dollars plus:
(a) Fifty cents per one hundred pounds or part thereof for
the first three thousand pounds;
(b) Seventy cents per one hundred pounds or part thereof in
excess of three thousand pounds up to and including four thousand
pounds;
(c) Ninety cents per one hundred pounds or part thereof in
excess of four thousand pounds up to and including six thousand
pounds;
(d) Two dollars for each one hundred pounds or part thereof
in excess of six thousand pounds up to and including ten thousand
pounds;
(e) Two dollars and twenty-five cents for each one hundred
pounds or part thereof in excess of ten thousand pounds;
(f) The minimum license tax for any farm truck shall be
twelve dollars.
(2) The owner of a farm truck may register the truck for a
period of one-half year by paying one-half the registration tax
imposed on the truck under this chapter and one-half the amount of
any tax imposed on the truck under Chapter 4504. of the Revised
Code.
(3) A farm bus may be registered for a period of ninety days
from the date of issue of the license plates for the bus, for a
fee of ten dollars, provided such license plates shall not be
issued for more than any two ninety-day periods in any calendar
year. Such use does not include the operation of trucks by
commercial processors of agricultural products.
(4) License plates for farm trucks and for farm buses shall
have some distinguishing marks, letters, colors, or other
characteristics to be determined by the director of public safety.
(5) Every person registering a farm truck or bus under this
section shall furnish an affidavit certifying that the truck or
bus licensed to that person is to be so used as to meet the
requirements necessary for the farm truck or farm bus
classification.
Any farmer may use a truck owned by the farmer for commercial
purposes by paying the difference between the commercial truck
registration fee and the farm truck registration fee for the
remaining part of the registration period for which the truck is
registered. Such remainder shall be calculated from the beginning
of the semiannual period in which application for such commercial
license is made.
Taxes at the rates provided in this section are in lieu of
all taxes on or with respect to the ownership of such motor
vehicles, except as provided in section 4503.042 and section
4503.06 of the Revised Code.
(K) Other than trucks registered under the international
registration plan in another jurisdiction and for which this state
has received an apportioned registration fee, the license tax for
each truck which is owned, controlled, or operated by a
nonresident, and licensed in another state, and which is used
exclusively for the transportation of nonprocessed agricultural
products intrastate, from the place of production to the place of
processing, is twenty-four dollars.
"Truck," as used in this division, means any pickup truck,
straight truck, semitrailer, or trailer other than a travel
trailer. Nonprocessed agricultural products, as used in this
division, does not include livestock or grain.
A license issued under this division shall be issued for a
period of one hundred thirty days in the same manner in which all
other licenses are issued under this section, provided that no
truck shall be so licensed for more than one
one-hundred-thirty-day period during any calendar year.
The license issued pursuant to this division shall consist of
a windshield decal to be designed by the director of public
safety.
Every person registering a truck under this division shall
furnish an affidavit certifying that the truck licensed to the
person is to be used exclusively for the purposes specified in
this division.
(L) Every person registering a motor vehicle as a
noncommercial motor vehicle as defined in section 4501.01 of the
Revised Code, or registering a trailer as a noncommercial trailer
as defined in that section, shall furnish an affidavit certifying
that the motor vehicle or trailer so licensed to the person is to
be so used as to meet the requirements necessary for the
noncommercial vehicle classification.
(M) Every person registering a van or bus as provided in
divisions (F)(2) and (3) of this section shall furnish a notarized
statement certifying that the van or bus licensed to the person is
to be used for the purposes specified in those divisions. The form
of the license plate issued for such motor vehicles shall be
prescribed by the registrar.
(N) Every person registering as a passenger car a motor
vehicle designed and used for carrying more than nine but not more
than fifteen passengers, and every person registering a bus as
provided in division (G) of this section, shall furnish an
affidavit certifying that the vehicle so licensed to the person is
to be used in a ridesharing arrangement and that the person will
have in effect whenever the vehicle is used in a ridesharing
arrangement a policy of liability insurance with respect to the
motor vehicle in amounts and coverages no less than those required
by section 4509.79 of the Revised Code. The form of the license
plate issued for such a motor vehicle shall be prescribed by the
registrar.
(O) Commencing on October 1, 2009, if an application for
registration renewal is not applied for prior to the expiration
date of the registration or within seven days after that date, the
registrar or deputy registrar shall collect a fee of twenty
dollars for the issuance of the vehicle registration, but may
waive the fee for good cause shown if the application is
accompanied by supporting evidence as the registrar may require.
The fee shall be in addition to all other fees established by this
section. A deputy registrar shall retain fifty cents of the fee
and shall transmit the remaining amount to the registrar at the
time and in the manner provided by section 4503.10 of the Revised
Code. The registrar shall deposit all moneys received under this
division into the state highway safety fund established in section
4501.06 of the Revised Code.
(P) As used in this section:
(1) "Van" means any motor vehicle having a single rear axle
and an enclosed body without a second seat.
(2) "Handicapped person" means any person who has lost the
use of one or both legs, or one or both arms, or is blind, deaf,
or so severely disabled as to be unable to move about without the
aid of crutches or a wheelchair.
(3) "Farm truck" means a truck used in the transportation
from the farm of products of the farm, including livestock and its
products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm of
supplies for the farm, including tile, fence, and every other
thing or commodity used in agricultural, floricultural,
horticultural, livestock, and poultry production and livestock,
poultry, and other animals and things used for breeding, feeding,
or other purposes connected with the operation of the farm.
(4) "Farm bus" means a bus used only for the transportation
of agricultural employees and used only in the transportation of
such employees as are necessary in the operation of the farm.
(5) "Farm supplies" includes fuel used exclusively in the
operation of a farm, including one or more homes located on and
used in the operation of one or more farms, and furniture and
other things used in and around such homes.
Sec. 4503.21. (A) No person who is the owner or operator of
a motor vehicle shall fail to display in plain view on the front
and rear of the motor vehicle the distinctive number and
registration mark, including any county identification sticker and
any validation sticker issued under sections 4503.19 and 4503.191
of the Revised Code, furnished by the director of public safety,
except that a manufacturer of motor vehicles or dealer therein,
the holder of an in transit permit, and the owner or operator of a
motorcycle, motorized bicycle or moped, motor-driven cycle or
motor scooter, cab-enclosed motorcycle, manufactured home, mobile
home, trailer, or semitrailer shall display on the rear only. A
motor vehicle that is issued two license plates shall display the
validation sticker only on the rear license plate, except that a
commercial tractor that does not receive an apportioned license
plate under the international registration plan shall display the
validation sticker on the front of the commercial tractor. An
apportioned vehicle receiving an apportioned license plate under
the international registration plan shall display the license
plate only on the front of a commercial tractor and on the rear of
all other vehicles. All license plates shall be securely fastened
so as not to swing, and shall not be covered by any material that
obstructs their visibility.
No person to whom a temporary license placard or windshield
sticker has been issued for the use of a motor vehicle under
section 4503.182 of the Revised Code, and no operator of that
motor vehicle, shall fail to display the temporary license placard
in plain view from the rear of the vehicle either in the rear
window or on an external rear surface of the motor vehicle, or
fail to display the windshield sticker in plain view on the rear
window of the motor vehicle. No temporary license placard or
windshield sticker shall be covered by any material that obstructs
its visibility.
(B) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.22. The identification license plate shall consist
of a placard upon the face of which shall appear the distinctive
number assigned to the motor vehicle as provided in section
4503.19 of the Revised Code, in Arabic numerals or letters, or
both. The dimensions of the numerals or letters and of each stroke
shall be determined by the director of public safety. The license
placard also shall contain the name of this state and the slogan
"BIRTHPLACE OF AVIATION." The placard shall be made of steel and
the background shall be treated with a reflective material that
shall provide effective and dependable reflective brightness
during the service period required of the placard. Specifications
for the reflective and other materials and the design of the
placard, the county identification stickers as provided by section
4503.19 of the Revised Code, and validation stickers as provided
by section 4503.191 of the Revised Code, shall be adopted by the
director as rules under sections 119.01 to 119.13 of the Revised
Code. The identification license plate of motorized bicycles or
mopeds, motor-driven cycles or motor scooters, cab-enclosed
motorcycles, and of motor vehicles of the type commonly called
"motorcycles" shall consist of a single placard, the size of which
shall be prescribed by the director. The identification plate of a
vehicle registered in accordance with the international
registration plan shall contain the word "apportioned." The
director may prescribe the type of placard, or means of fastening
the placard, or both; the placard or means of fastening may be so
designed and constructed as to render difficult the removal of the
placard after it has been fastened to a motor vehicle.
Sec. 4503.544. (A) Any person who is a retired or honorably
discharged veteran of any branch of the armed forces of the United
States may apply to the registrar of motor vehicles for the
registration of any motorcycle, motorized bicycle or moped,
motor-driven cycle or motor scooter, or cab-enclosed motorcycle
that the person owns or leases. The application shall be
accompanied by written evidence that the applicant is a retired or
honorably discharged veteran of a branch of the armed forces of
the United States that the registrar shall require by rule.
Upon receipt of an application for registration of a
motorcycle under this section, presentation of satisfactory
evidence documenting that the applicant is a retired or honorably
discharged veteran of a branch of the armed forces of the United
States, and payment of the regular motorcycle applicable license
fee prescribed in section 4503.04 of the Revised Code and any
local motor vehicle license tax levied under Chapter 4504. of the
Revised Code, the registrar shall issue to the applicant the
appropriate motor vehicle registration and a license plate and a
validation sticker or a validation sticker alone when required by
section 4503.191 of the Revised Code.
(B) License plates issued under this section shall be
inscribed with the letters and numbers ordinarily inscribed on
motorcycle license plates, except that the registrar shall provide
for one of the following:
(1) The license plates to contain an inscription or symbol
representing veterans of the armed forces of the United States;
(2) The plates to include the word "veteran" or "vet";
(3) The plates to be designed to display a sticker bearing
the word "veteran."
(C) Sections 4503.77 and 4503.78 of the Revised Code do not
apply to license plates issued under this section.
Sec. 4507.05. (A) The registrar of motor vehicles, or a
deputy registrar, upon receiving an application for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person who is
at least fifteen years six months of age, may issue such a permit
and identification card entitling the applicant to drive a motor
vehicle, other than a commercial motor vehicle, upon the highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years six months of age, but less than sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by an eligible adult who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(2) If the permit is issued to a person who is at least
sixteen years of age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(B) The registrar or a deputy registrar, upon receiving from
any person an application for a temporary instruction permit and
temporary instruction permit identification card to operate a
motorcycle or motorized bicycle, may issue such a permit and
identification card entitling the applicant, while having the
permit and identification card in the applicant's immediate
possession, to drive a motorcycle under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
motorized bicycle under restrictions determined by the registrar.
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old.
(C) Any permit and identification card issued under this
section shall be issued in the same manner as a driver's license,
upon a form to be furnished by the registrar. A temporary
instruction permit to drive a motor vehicle other than a
commercial motor vehicle shall be valid for a period of one year.
(D) Any person having in the person's possession a valid and
current driver's license or motorcycle operator's license or
endorsement issued to the person by another jurisdiction
recognized by this state is exempt from obtaining a temporary
instruction permit for a driver's license, but shall submit to the
regular examination in obtaining a driver's license or motorcycle
operator's endorsement in this state.
(E) The registrar may adopt rules governing the use of
temporary instruction permits and temporary instruction permit
identification cards.
(F)(1) No holder of a permit issued under division (A) of
this section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A) of this section.
(2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division (A) of this
section and that is issued on or after July 1, 1998, and who has
not attained the age of eighteen years, shall operate a motor
vehicle upon a highway or any public or private property used by
the public for purposes of vehicular travel or parking between the
hours of midnight and six a.m.
The holder of a permit issued under division (A) of this
section on or after July 1, 1998, who has not attained the age of
eighteen years, may operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking between the hours of midnight and six
a.m. if, at the time of such operation, the holder is accompanied
by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or
commercial driver's license issued by this state, is actually
occupying a seat beside the permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(G)(1) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether each
occupant of the motor vehicle is wearing all of the available
elements of a properly adjusted occupant restraining device as
required by division (A) of this section, or for the sole purpose
of issuing a ticket, citation, or summons if the requirement in
that division has been or is being violated, or for causing the
arrest of or commencing a prosecution of a person for a violation
of that requirement.
(2) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether a
violation of division (F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons for such a violation or for causing the arrest of or
commencing a prosecution of a person for such violation.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver training course approved by the
department of public safety;
(b) Any of the following persons who holds a current valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit holder;
(ii) A person twenty-one years of age or older who acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Sec. 4507.11. (A) The registrar of motor vehicles shall
conduct all necessary examinations of applicants for temporary
instruction permits, drivers' licenses, or motorcycle operators'
endorsements. The examination shall include a test of the
applicant's knowledge of motor vehicle laws, including the laws on
stopping for school buses, a test of the applicant's physical
fitness to drive, and a test of the applicant's ability to
understand highway traffic control devices. The examination may be
conducted in such a manner that applicants who are illiterate or
limited in their knowledge of the English language may be tested
by methods that would indicate to the examining officer that the
applicant has a reasonable knowledge of motor vehicle laws and
understands highway traffic control devices. An applicant for a
driver's license shall give an actual demonstration of the ability
to exercise ordinary and reasonable control in the operation of a
motor vehicle by driving the same under the supervision of an
examining officer; however, no applicant for a driver's license
shall use a low-speed or under-speed vehicle for the purpose of
demonstrating ability to exercise ordinary and reasonable control
over a vehicle. Except as provided in division (B) of this
section, an applicant for a motorcycle operator's endorsement or a
restricted license that permits only the operation of a motorcycle
shall give an actual demonstration of the ability to exercise
ordinary and reasonable control in the operation of a motorcycle
by driving the same under the supervision of an examining officer;
however, no applicant for such an endorsement or restricted
license shall use a motor-driven cycle or motor scooter for the
purpose of demonstrating ability to exercise ordinary and
reasonable control in the operation of a motorcycle. Except as
provided in section 4507.12 of the Revised Code, the registrar
shall designate the highway patrol, any law enforcement body, or
any other employee of the department of public safety to supervise
and conduct examinations for temporary instruction permits,
drivers' licenses, and motorcycle operators' endorsements and
shall provide the necessary rules and forms to properly conduct
the examinations. The records of the examinations, together with
the application for a temporary instruction permit, driver's
license, or motorcycle operator's endorsement, shall be forwarded
to the registrar by the deputy registrar, and, if in the opinion
of the registrar the applicant is qualified to operate a motor
vehicle, the registrar shall issue the permit, license, or
endorsement.
The registrar may authorize the highway patrol, other
designated law enforcement body, or other designated employee of
the department of public safety to issue an examiner's driving
permit to an applicant who has passed the required examination,
authorizing that applicant to operate a motor vehicle while the
registrar is completing an investigation relative to that
applicant's qualifications to receive a temporary instruction
permit, driver's license, or motorcycle operator's endorsement.
The examiner's driving permit shall be in the immediate possession
of the applicant while operating a motor vehicle and shall be
effective until final action and notification has been given by
the registrar, but in no event longer than sixty days from its
date of issuance.
(B)(1) An applicant for a motorcycle operator's endorsement
or a restricted license that permits only the operation of a
motorcycle who presents to the registrar of motor vehicles or a
deputy registrar a form approved by the director of public safety
attesting to the applicant's successful completion within the
preceding sixty days of a course of basic instruction provided by
the motorcycle safety and education program approved by the
director pursuant to section 4508.08 of the Revised Code shall not
be required to give an actual demonstration of the ability to
operate a motorcycle by driving a motorcycle under the supervision
of an examining officer, as described in division (A) of this
section. Upon presentation of the form described in division
(B)(1) of this section and compliance with all other requirements
relating to the issuance of a motorcycle operator's endorsement or
a restricted license that permits only the operation of a
motorcycle, the registrar or deputy registrar shall issue to the
applicant the endorsement or restricted license, as the case may
be.
(2) A person who has not attained eighteen years of age and
presents an application for a motorcycle operator's endorsement or
a restricted license under division (B)(1) of this section also
shall comply with the requirements of section 4507.21 of the
Revised Code.
Sec. 4511.01. As used in this chapter and in Chapter 4513.
of the Revised Code:
(A) "Vehicle" means every device, including a motorized
bicycle, in, upon, or by which any person or property may be
transported or drawn upon a highway, except that "vehicle" does
not include any motorized wheelchair, any electric personal
assistive mobility device, any device that is moved by power
collected from overhead electric trolley wires or that is used
exclusively upon stationary rails or tracks, or any device, other
than a bicycle, that is moved by human power.
(B) "Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except 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, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery,
and trailers 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 street or highway for a distance
of no more than ten miles and at a speed of twenty-five miles per
hour or less.
(C) "Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with
the ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter," "cab-enclosed motorcycle,"
or "motorcycle" without regard to weight or brake horsepower.
(D) "Emergency vehicle" means emergency vehicles of
municipal, township, or county departments or public utility
corporations when identified as such as required by law, the
director of public safety, or local authorities, and motor
vehicles when commandeered by a police officer.
(E) "Public safety vehicle" means any of the following:
(1) Ambulances, including private ambulance companies under
contract to a municipal corporation, township, or county, and
private ambulances and nontransport vehicles bearing license
plates issued under section 4503.49 of the Revised Code;
(2) Motor vehicles used by public law enforcement officers or
other persons sworn to enforce the criminal and traffic laws of
the state;
(3) Any motor vehicle when properly identified as required by
the director of public safety, when used in response to fire
emergency calls or to provide emergency medical service to ill or
injured persons, and when operated by a duly qualified person who
is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or directives
of that service. The state fire marshal shall be designated by the
director of public safety as the certifying agency for all public
safety vehicles described in division (E)(3) of this section.
(4) Vehicles used by fire departments, including motor
vehicles when used by volunteer fire fighters responding to
emergency calls in the fire department service when identified as
required by the director of public safety.
Any vehicle used to transport or provide emergency medical
service to an ill or injured person, when certified as a public
safety vehicle, shall be considered a public safety vehicle when
transporting an ill or injured person to a hospital regardless of
whether such vehicle has already passed a hospital.
(5) Vehicles used by the motor carrier enforcement unit for
the enforcement of orders and rules of the public utilities
commission as specified in section 5503.34 of the Revised Code.
(F) "School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for
the transportation of children to or from a school session or a
school function, or owned by a private person and operated for
compensation for the transportation of children to or from a
school session or a school function, provided "school bus" does
not include a bus operated by a municipally owned transportation
system, a mass transit company operating exclusively within the
territorial limits of a municipal corporation, or within such
limits and the territorial limits of municipal corporations
immediately contiguous to such municipal corporation, nor a common
passenger carrier certified by the public utilities commission
unless such bus is devoted exclusively to the transportation of
children to and from a school session or a school function, and
"school bus" does not include a van or bus used by a licensed
child day-care center or type A family day-care home to transport
children from the child day-care center or type A family day-care
home to a school if the van or bus does not have more than fifteen
children in the van or bus at any time.
(G) "Bicycle" means every device, other than a tricycle
designed solely for use as a play vehicle by a child, propelled
solely by human power upon which any person may ride having two
tandem wheels, or one wheel in the 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.
(H) "Motorized bicycle" or "moped" means any vehicle having
either two tandem wheels or one wheel in the front and two wheels
in the rear, that is capable of being may be 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.
(I) "Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not
so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J) "Agricultural tractor" means every self-propelling
vehicle designed or used for drawing other vehicles or wheeled
machinery but having no provision for carrying loads independently
of such other vehicles, and used principally for agricultural
purposes.
(K) "Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L) "Bus" means every motor vehicle designed for carrying
more than nine passengers and used for the transportation of
persons other than in a ridesharing arrangement, and every motor
vehicle, automobile for hire, or funeral car, other than a taxicab
or motor vehicle used in a ridesharing arrangement, designed and
used for the transportation of persons for compensation.
(M) "Trailer" means every vehicle designed or used for
carrying persons or property wholly on its own structure and for
being drawn by a motor vehicle, including any such vehicle when
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 street or
highway at a speed greater than twenty-five miles per hour, and a
vehicle 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 street or highway for a distance of more than
ten miles or at a speed of more than twenty-five miles per hour.
(N) "Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor
vehicle so that in operation a part of its own weight or that of
its load, or both, rests upon and is carried by another vehicle.
(O) "Pole trailer" means every trailer or semitrailer
attached to the towing vehicle by means of a reach, pole, or by
being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transporting long or irregular shaped loads
such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
(P) "Railroad" means a carrier of persons or property
operating upon rails placed principally on a private right-of-way.
(Q) "Railroad train" means a steam engine or an electric or
other motor, with or without cars coupled thereto, operated by a
railroad.
(R) "Streetcar" means a car, other than a railroad train, for
transporting persons or property, operated upon rails principally
within a street or highway.
(S) "Trackless trolley" means every car that collects its
power from overhead electric trolley wires and that is not
operated upon rails or tracks.
(T) "Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by
a detonator of any part of the compound or mixture may cause such
a sudden generation of highly heated gases that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects, or of destroying life or limb. Manufactured
articles shall not be held to be explosives when the individual
units contain explosives in such limited quantities, of such
nature, or in such packing, that it is impossible to procure a
simultaneous or a destructive explosion of such units, to the
injury of life, limb, or property by fire, by friction, by
concussion, by percussion, or by a detonator, such as fixed
ammunition for small arms, firecrackers, or safety fuse matches.
(U) "Flammable liquid" means any liquid that has a flash
point of seventy degrees fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device.
(V) "Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W) "Person" means every natural person, firm,
co-partnership, association, or corporation.
(X) "Pedestrian" means any natural person afoot.
(Y) "Driver or operator" means every person who drives or is
in actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z) "Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
regulations.
(AA) "Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB) "Street" or "highway" means the entire width between the
boundary lines of every way open to the use of the public as a
thoroughfare for purposes of vehicular travel.
(CC) "Controlled-access highway" means every street or
highway in respect to which owners or occupants of abutting lands
and other persons have no legal right of access to or from the
same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such
street or highway.
(DD) "Private road or driveway" means every way or place in
private ownership used for vehicular travel by the owner and those
having express or implied permission from the owner but not by
other persons.
(EE) "Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the berm
or shoulder. If a highway includes two or more separate roadways
the term "roadway" means any such roadway separately but not all
such roadways collectively.
(FF) "Sidewalk" means that portion of a street between the
curb lines, or the lateral lines of a roadway, and the adjacent
property lines, intended for the use of pedestrians.
(GG) "Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular
traffic.
(HH) "Through highway" means every street or highway as
provided in section 4511.65 of the Revised Code.
(II) "State highway" means a highway under the jurisdiction
of the department of transportation, outside the limits of
municipal corporations, provided that the authority conferred upon
the director of transportation in section 5511.01 of the Revised
Code to erect state highway route markers and signs directing
traffic shall not be modified by sections 4511.01 to 4511.79 and
4511.99 of the Revised Code.
(JJ) "State route" means every highway that is designated
with an official state route number and so marked.
(KK) "Intersection" means:
(1) The area embraced within the prolongation or connection
of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at,
or approximately at, right angles, or the area within which
vehicles traveling upon different highways joining at any other
angle may come in conflict.
(2) Where a highway includes two roadways thirty feet or more
apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate
intersection. If an intersecting highway also includes two
roadways thirty feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate
intersection.
(3) The junction of an alley with a street or highway, or
with another alley, shall not constitute an intersection.
(1) That part of a roadway at intersections ordinarily
included within the real or projected prolongation of property
lines and curb lines or, in the absence of curbs, the edges of the
traversable roadway;
(2) Any portion of a roadway at an intersection or elsewhere,
distinctly indicated for pedestrian crossing by lines or other
markings on the surface;
(3) Notwithstanding divisions (LL)(1) and (2) of this
section, there shall not be a crosswalk where local authorities
have placed signs indicating no crossing.
(MM) "Safety zone" means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
protected or marked or indicated by adequate signs as to be
plainly visible at all times.
(NN) "Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or
within or outside municipal corporations where fifty per cent or
more of the frontage for a distance of three hundred feet or more
is occupied by buildings in use for business, and the character of
such territory is indicated by official traffic control devices.
(OO) "Residence district" means the territory, not comprising
a business district, fronting on a street or highway, including
the street or highway, where, for a distance of three hundred feet
or more, the frontage is improved with residences or residences
and buildings in use for business.
(PP) "Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a
quarter of a mile or more, and the character of such territory is
indicated by official traffic control devices.
(QQ) "Traffic control devices" means all flaggers, signs,
signals, markings, and devices placed or erected by authority of a
public body or official having jurisdiction, for the purpose of
regulating, warning, or guiding traffic, including signs denoting
names of streets and highways.
(RR) "Traffic control signal" means any device, whether
manually, electrically, or mechanically operated, by which traffic
is alternately directed to stop, to proceed, to change direction,
or not to change direction.
(SS) "Railroad sign or signal" means any sign, signal, or
device erected by authority of a public body or official or by a
railroad and intended to give notice of the presence of railroad
tracks or the approach of a railroad train.
(TT) "Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices,
either singly or together, while using any highway for purposes of
travel.
(UU) "Right-of-way" means either of the following, as the
context requires:
(1) The right of a vehicle, streetcar, trackless trolley, or
pedestrian to proceed uninterruptedly in a lawful manner in the
direction in which it or the individual is moving in preference to
another vehicle, streetcar, trackless trolley, or pedestrian
approaching from a different direction into its or the
individual's path;
(2) A general term denoting land, property, or the interest
therein, usually in the configuration of a strip, acquired for or
devoted to transportation purposes. When used in this context,
right-of-way includes the roadway, shoulders or berm, ditch, and
slopes extending to the right-of-way limits under the control of
the state or local authority.
(VV) "Rural mail delivery vehicle" means every vehicle used
to deliver United States mail on a rural mail delivery route.
(WW) "Funeral escort vehicle" means any motor vehicle,
including a funeral hearse, while used to facilitate the movement
of a funeral procession.
(XX) "Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.
(YY) "Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full
control of access.
(ZZ) "Expressway" means a divided arterial highway for
through traffic with full or partial control of access with an
excess of fifty per cent of all crossroads separated in grade.
(AAA) "Thruway" means a through highway whose entire roadway
is reserved for through traffic and on which roadway parking is
prohibited.
(BBB) "Stop intersection" means any intersection at one or
more entrances of which stop signs are erected.
(CCC) "Arterial street" means any United States or state
numbered route, controlled access highway, or other major radial
or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a
major arterial system of streets or highways.
(DDD) "Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental
to another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.
(EEE) "Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a handicapped person and that is
incapable of a speed in excess of eight miles per hour.
(FFF) "Child day-care center" and "type A family day-care
home" have the same meanings as in section 5104.01 of the Revised
Code.
(GGG) "Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used
for drawing other vehicles or wheeled machinery, has no provision
for carrying loads independently of the drawn vehicles or
machinery, and is used principally for agricultural purposes.
(HHH) "Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III) "Predicate motor vehicle or traffic offense" means any
of the following:
(1) A violation of section 4511.03, 4511.051, 4511.12,
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.214, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28,
4511.29, 4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35,
4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42,
4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451,
4511.452, 4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50,
4511.511, 4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58,
4511.59, 4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68,
4511.70, 4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72,
4511.73, 4511.763, 4511.771, 4511.78, or 4511.84 of the Revised
Code;
(2) A violation of division (A)(2) of section 4511.17,
divisions (A) to (D) of section 4511.51, or division (A) of
section 4511.74 of the Revised Code;
(3) A violation of any provision of sections 4511.01 to
4511.76 of the Revised Code for which no penalty otherwise is
provided in the section that contains the provision violated;
(4) A violation of a municipal ordinance that is
substantially similar to any section or provision set forth or
described in division (III)(1), (2), or (3) of this section.
(JJJ) "Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles
equipped with visual signals by means of flashing, rotating, or
oscillating lights.
Sec. 4511.214. (A)(1) No person shall operate a low-speed
vehicle upon any street or highway having an established speed
limit greater than thirty-five miles per hour.
(2) No person shall operate an under-speed vehicle upon any
street or highway except as follows:
(a) Upon a street or highway having an established speed
limit not greater than thirty-five miles per hour and only upon
such streets or highways where a local authority has granted
permission for such operation in accordance with section 4511.215
of the Revised Code;
(b) A state park employee or volunteer operating a utility
vehicle exclusively within the boundaries of state parks for the
operation or maintenance of state park facilities.
(3) No person shall operate a motor-driven cycle or motor
scooter upon any street or highway having an established speed
limit greater than forty-five miles per hour.
(B) This section does not prohibit either of the following:
(1) A person operating a low-speed vehicle or under-speed
vehicle from proceeding across an intersection of a street or
highway having a speed limit greater than thirty-five miles per
hour;
(2) A person operating a motor-driven cycle or motor scooter
from proceeding across an intersection of a street or highway
having a speed limit greater than forty-five miles per hour.
(C) Nothing in this section shall prevent a local authority
from adopting more stringent local ordinances, resolutions, or
regulations governing the operation of a low-speed vehicle, or a
motor-driven cycle or motor scooter.
(D) Except as otherwise provided in this division, whoever
violates division (A) of this section is guilty of a minor
misdemeanor. If within one year of the offense, the offender
previously has been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates this
section is guilty of a misdemeanor of the fourth degree. If within
one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor
of the third degree.
Sec. 4511.215. (A) By ordinance or resolution, a local
authority may authorize the operation of under-speed vehicles on a
public street or highway under its jurisdiction. A local authority
that authorizes the operation of under-speed vehicles shall do all
of the following:
(1) Limit the operation of those vehicles to streets and
highways having an established speed limit not greater than
thirty-five miles per hour;
(2) Require the vehicle owner who wishes to operate an
under-speed vehicle on the public streets or highways to submit
the vehicle to an inspection conducted by a local law enforcement
agency that complies with inspection requirements established by
the department of public safety under section 4513.02 of the
Revised Code;
(3) Permit the operation on public streets or highways of
only those vehicles that successfully pass the required vehicle
inspection, are registered in accordance with Chapter 4503. of the
Revised Code, and are titled in accordance with Chapter 4505. of
the Revised Code;
(4) Notify the director of public safety, in a manner the
director determines, of the authorization for the operation of
under-speed vehicles.
(B) A local authority may establish additional requirements
for the operation of under-speed vehicles on its streets and
highways.
Sec. 4511.53. (A) For purposes of this section, "snowmobile"
has the same meaning as given that term in section 4519.01 of the
Revised Code.
(B) No person operating a bicycle shall ride other than upon
or astride the permanent and regular seat attached thereto or
carry any other person upon such bicycle other than upon a firmly
attached and regular seat thereon, and no person shall ride upon a
bicycle other than upon such a firmly attached and regular seat.
No person operating a motorcycle shall ride other than upon
or astride the permanent and regular seat or saddle attached
thereto, or carry any other person upon such motorcycle other than
upon a firmly attached and regular seat or saddle thereon, and no
person shall ride upon a motorcycle other than upon such a firmly
attached and regular seat or saddle.
No person shall ride upon a motorcycle that is equipped with
a saddle other than while sitting astride the saddle, facing
forward, with one leg on each side of the motorcycle.
No person shall ride upon a motorcycle that is equipped with
a seat other than while sitting upon the seat.
No person operating a bicycle shall carry any package,
bundle, or article that prevents the driver from keeping at least
one hand upon the handle bars.
No bicycle or motorcycle shall be used to carry more persons
at one time than the number for which it is designed and equipped,
nor shall any motorcycle be operated on a highway when the handle
bars or grips are more than fifteen inches higher than the seat or
saddle for the operator.
No (C)(1) Except as provided in division (C)(2) of this
section, no person shall operate or be a passenger on a snowmobile
or motorcycle without using safety glasses or other protective eye
device. No Except as provided in division (C)(2) of this section,
no person who is under the age of eighteen years, or who holds a
motorcycle operator's endorsement or license bearing a "novice"
designation that is currently in effect as provided in section
4507.13 of the Revised Code, shall operate a motorcycle on a
highway, or be a passenger on a motorcycle, unless wearing a
United States department of transportation-approved protective
helmet on the person's head, and no other person shall be a
passenger on a motorcycle operated by such a person unless
similarly wearing a protective helmet. The helmet, safety glasses,
or other protective eye device shall conform with regulations
prescribed and promulgated rules adopted by the director of public
safety. The provisions of this paragraph or a violation thereof
shall not be used in the trial of any civil action.
(C)(2) Division (C)(1) of this section does not apply to a
person operating a cab-enclosed motorcycle when the occupant
compartment top is in place enclosing the occupants.
(3)(a) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar of motor vehicles
pursuant to section 4507.05 of the Revised Code unless the person,
at the time of such operation, is wearing on the person's head a
protective helmet that has been approved by the United States
department of transportation and that conforms with rules adopted
by the director.
(b) No person shall operate a motorcycle with a valid
temporary instruction permit and temporary instruction permit
identification card issued by the registrar pursuant to section
4507.05 of the Revised Code in any of the following circumstances:
(i) At any time when lighted lights are required by section
4513.03 of the Revised Code;
(ii) While carrying a passenger;
(iii) On any limited access highway or heavily congested
roadway.
(D) Nothing in this section shall be construed as prohibiting
the carrying of a child in a seat or trailer that is designed for
carrying children and is firmly attached to the bicycle.
(D)(E) Except as otherwise provided in this division, whoever
violates division (B) or (C)(1) or (3) of this section is guilty
of a minor misdemeanor. If, within one year of the offense, the
offender previously has been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates
division (B) or (C)(1) or (3) of this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more
predicate motor vehicle or traffic offenses, whoever violates
division (B) or (C)(1) or (3) of this section is guilty of a
misdemeanor of the third degree.
Sec. 4513.241. (A) The director of public safety, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules governing the use of tinted glass, and the use of
transparent, nontransparent, translucent, and reflectorized
materials in or on motor vehicle windshields, side windows,
sidewings, and rear windows that prevent a person of normal vision
looking into the motor vehicle from seeing or identifying persons
or objects inside the motor vehicle.
(B) The rules adopted under this section may provide for
persons who meet either of the following qualifications:
(1) On November 11, 1994, or the effective date of any rule
adopted under this section, own a motor vehicle that does not
conform to the requirements of this section or of any rule adopted
under this section;
(2) Establish residency in this state and are required to
register a motor vehicle that does not conform to the requirements
of this section or of any rule adopted under this section.
(C) No person shall operate, on any highway or other public
or private property open to the public for vehicular travel or
parking, lease, or rent any motor vehicle that is registered in
this state unless the motor vehicle conforms to the requirements
of this section and of any applicable rule adopted under this
section.
(D) No person shall install in or on any motor vehicle, any
glass or other material that fails to conform to the requirements
of this section or of any rule adopted under this section.
(E)(1) No used motor vehicle dealer or new motor vehicle
dealer, as defined in section 4517.01 of the Revised Code, shall
sell any motor vehicle that fails to conform to the requirements
of this section or of any rule adopted under this section.
(2) No manufacturer, remanufacturer, or distributor, as
defined in section 4517.01 of the Revised Code, shall provide to a
motor vehicle dealer licensed under Chapter 4517. of the Revised
Code, a motor vehicle that fails to conform to the requirements of
this section or of any rule adopted under this section.
(F) No reflectorized materials shall be permitted upon or in
any front windshield, side windows, sidewings, or rear window.
(G) This section does not apply to the manufacturer's tinting
or glazing of motor vehicle windows or windshields that is
otherwise in compliance with or permitted by federal motor vehicle
safety standard number two hundred five.
(H) With regard to any side window behind a driver's seat or
any rear window other than any window on an emergency door, this
section does not apply to any school bus used to transport a child
with disabilities pursuant to Chapter 3323. of the Revised Code,
whom it is impossible or impractical to transport by regular
school bus in the course of regular route transportation provided
by a school district. As used in this division, "child with
disabilities" has the same meaning as in section 3323.01 of the
Revised Code.
(I) This section does not apply to any school bus that is to
be sold and operated outside this state.
(J) In addition to any other civil or criminal action arising
from a violation of this section, the owner of a motor vehicle on
which was installed nonconforming glass or material may file a
complaint with the motor vehicle dealers board or the board of
motor vehicle collision repair registration, as applicable. Upon
receipt of a complaint under this section, the motor vehicle
dealers board shall investigate the complaint in accordance with
Chapter 4517. of the Revised Code and the board of motor vehicle
collision repair registration shall investigate in accordance with
Chapter 4775. of the Revised Code.
(K)(1) Whoever violates division (C), (D), (E), or (F) of
this section is guilty of a minor misdemeanor.
(2)(a) Whoever violates division (D) of this section is
guilty of a misdemeanor of the fourth degree.
(b) In addition to any other penalty imposed under this
section, whoever violates division (D) of this section is liable
in a civil action to the owner of a motor vehicle on which was
installed the nonconforming glass or material for any damages
incurred by that person as a result of the installation of the
nonconforming glass or material, costs of maintaining the civil
action, and attorney fees.
(c) In addition to any other penalty imposed under this
section, if the offender previously has been convicted of or
pleaded guilty to a violation of division (D) of this section and
the offender is a motor vehicle collision repair operator
registered under Chapter 4775. of the Revised Code or a motor
vehicle dealer licensed under Chapter 4517. of the Revised Code,
whoever violates division (D) of this section is subject to a
registration or license suspension, as applicable, for a period of
not more than one hundred eighty days.
(L)(1) Every county court judge, mayor of a mayor's court,
and clerk of a court of record shall keep a full record of every
case in which a person is charged with any violation of this
section. If a person is convicted of or forfeits bail in relation
to a violation of division (D) of this section, the county court
judge, mayor of a mayor's court, or clerk, within ten days after
the conviction or bail forfeiture, shall prepare and immediately
forward to the board of motor vehicle collision repair
registration and the motor vehicle dealers board, an abstract,
certified by the preparer to be true and correct, of the court
record covering the case in which the person was convicted or
forfeited bail.
(2) The board of motor vehicle collision repair registration
and the motor vehicle dealers board each shall keep and maintain
all abstracts received under this section. Within ten days after
receipt of an abstract, each board, respectively, shall determine
whether the person named in the abstract is registered or licensed
with the board and, if the person is so registered or licensed,
shall proceed in accordance with section 4775.09 or 4517.33 of the
Revised Code, as applicable, and determine whether the person's
registration or license is to be suspended for a period of not
more than one hundred eighty days.
Sec. 4517.33. The motor vehicle dealers board shall hear
appeals which may be taken from an order of the registrar of motor
vehicles, refusing to issue a license. All appeals from any order
of the registrar refusing to issue any license upon proper
application must be taken within thirty days from the date of the
order, or the order is final and conclusive. All appeals from
orders of the registrar must be by petition in writing and
verified under oath by the applicant whose application for license
has been denied, and must set forth the reason for the appeal and
the reason why, in the petitioner's opinion, the order of the
registrar is not correct. In such appeals the board may make
investigation to determine the correctness and legality of the
order of the registrar.
The board may make rules governing its actions relative to
the suspension and revocation of dealers', motor vehicle leasing
dealers', distributors', auction owners', and salespersons'
licenses, and may, upon its own motion, and shall, upon the
verified complaint in writing of any person, investigate the
conduct of any licensee under sections 4517.01 to 4517.65 of the
Revised Code. The board shall suspend or revoke or notify the
registrar to refuse to renew any dealer's, motor vehicle leasing
dealer's, distributor's, auction owner's, or salesperson's
license, if any ground existed upon which the license might have
been refused, or if a ground exists that would be cause for
refusal to issue a license.
The board may suspend or revoke any license if the licensee
has in any manner violated the rules issued pursuant to sections
4517.01 to 4517.65 of the Revised Code, or has violated section
4501.02 of the Revised Code, or has been convicted of committing a
felony or violating any law that in any way relates to the
selling, taxing, licensing, or regulation of sales of motor
vehicles.
Within ten days after receipt of an abstract from a county
court judge, mayor of a mayor's court, or clerk of a court of
record indicating a violation of division (D) of section 4513.241
of the Revised Code, the board shall determine whether the person
named in the abstract is licensed under this chapter and, if the
person is so licensed, shall further determine whether the person
previously has been convicted of or pleaded guilty to a violation
of that section. If the person previously has been convicted of or
pleaded guilty to a violation of that section, the board, in
accordance with Chapter 119. of the Revised Code but without a
prior hearing, shall suspend the person's license for a period of
not more than one hundred eighty days.
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. "All-purpose vehicle" does not include a utility vehicle as
defined in section 4501.01 of the Revised Code or 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, 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 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 in section
4511.01 of the Revised Code.
(G) "Limited access highway" and "freeway" have the same
meanings as 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, 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.
(L) "Mini-truck" means a vehicle that has four wheels, is
propelled by an electric motor with a rated power of seven
thousand five hundred watts or less or an internal combustion
engine with a piston displacement capacity of six hundred sixty
cubic centimeters or less, has a total dry weight of nine hundred
to two thousand two hundred pounds, contains an enclosed cabin and
a seat for the vehicle operator, resembles a pickup truck or van
with a cargo area or bed located at the rear of the vehicle, and
was not originally manufactured to meet federal motor vehicle
safety standards.
Sec. 4519.02. (A) Except as provided in divisions (B), (C),
and (D) of this section, no person shall operate any snowmobile,
off-highway motorcycle, or all-purpose vehicle within this state
unless the snowmobile, off-highway motorcycle, or all-purpose
vehicle is registered and numbered in accordance with sections
4519.03 and 4519.04 of the Revised Code.
(B)(1) No registration is required for a snowmobile or
off-highway motorcycle that is operated exclusively upon lands
owned by the owner of the snowmobile or off-highway motorcycle, or
on lands to which the owner of the snowmobile or off-highway
motorcycle has a contractual right.
(2) No registration is required for an all-purpose vehicle or
mini-truck that is used primarily for agricultural purposes when
the owner qualifies for the current agricultural use valuation tax
credit, unless it is to be used on any public land, trail, or
right-of-way.
(3) Any all-purpose vehicle or mini-truck exempted from
registration under division (B)(2) of this section and operated
for agricultural purposes may use public roads and rights-of-way
when traveling from one farm field to another, when such use does
not violate section 4519.41 of the Revised Code.
(C) No registration is required for a snowmobile, off-highway
motorcycle, or all-purpose vehicle owned and used in this state by
a resident of another state whenever that state has in effect a
registration law similar to this chapter and the snowmobile,
off-highway motorcycle, or all-purpose vehicle is properly
registered under that state's law. Any snowmobile, off-highway
motorcycle, or all-purpose vehicle owned and used in this state by
a resident of a state not having a registration law similar to
this chapter shall comply with section 4519.09 of the Revised
Code.
(D) No registration is required for a snowmobile, off-highway
motorcycle, or all-purpose vehicle owned and used in this state by
the United States, another state, or a political subdivision
thereof, but the snowmobile, off-highway motorcycle, or
all-purpose vehicle shall display the name of the owner thereon.
(E) The owner or operator of any all-purpose vehicle operated
or used upon the waters in this state shall comply with Chapters
1547. and 1548. of the Revised Code relative to the operation of
watercraft.
(F) Except as otherwise provided in this division, whoever
violates division (A) of this section shall be fined not less than
fifty dollars but not more than one hundred dollars.
Sec. 4775.09. (A)(1) In accordance with Chapter 119. of the
Revised Code, the board of motor vehicles vehicle collision repair
registration may refuse to issue or renew a registration
certificate or may determine whether to waive a suspension of a
registration certificate as provided in division (D) of section
4775.07 of the Revised Code.
(2) Within ten days after receipt of an abstract from a
county court judge, mayor of a mayor's court, or clerk of a court
of record indicating a violation of division (D) of section
4513.241 of the Revised Code, the board shall determine whether
the person named in the abstract is registered with the board and,
if the person is so registered, shall further determine whether
the person previously has been convicted of or pleaded guilty to a
violation of that section. If the person previously has been
convicted of or pleaded guilty to a violation of that section, the
board, in accordance with Chapter 119. of the Revised Code but
without a prior hearing, shall suspend the person's registration
for a period of not more than one hundred eighty days.
(B) The court of common pleas for the county in which any
person conducts, or attempts to conduct, business as a motor
vehicle collision repair operator in violation of this chapter or
any rule adopted under this chapter may, on application of the
board, issue an injunction, a cease and desist order, or other
appropriate order restraining the person from continuing the
violation. This section shall operate in addition to and shall not
prohibit the enforcement of any other law.
(C) Upon the request of the executive director or as a result
of complaints, the board shall investigate the alleged violation.
(D) No person required to be registered under this chapter
shall have the benefit of any lien for labor or materials unless
the person is registered under this chapter.
(E) No person whose application for registration under this
chapter is denied shall open or operate a facility for business as
a motor vehicle collision repair facility under the name of the
person designated in the application for a registration
certificate or under any other name prior to registering as a
motor vehicle collision repair operator in accordance with this
chapter.
Section 2. That existing sections 4501.01, 4501.13, 4503.04,
4503.21, 4503.22, 4503.544, 4507.05, 4507.11, 4511.01, 4511.53,
4513.241, 4517.33, 4519.01, 4519.02, and 4775.09 of the Revised
Code are hereby repealed.
Section 3. Section 4507.11 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 600 and S.B. 271 of the 123rd General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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