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Am. H. B. No. 318 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Roegner, O'Brien
Cosponsors:
Representatives Lynch, Becker, Thompson, Wachtmann, Hood, Ruhl, Young, Duffey, DeVitis, Landis, Adams, R., Amstutz, Anielski, Antonio, Barborak, Barnes, Beck, Blessing, Brenner, Brown, Buchy, Burkley, Celebrezze, Derickson, Green, Grossman, Hall, Heard, Huffman, Letson, Lundy, McClain, Milkovich, Romanchuk, Schuring, Sears, Sheehy, Slesnick, Smith, Sprague, Stebelton, Sykes, Winburn Speaker Batchelder
A BILL
To amend sections 4503.312 and 4517.22 of the Revised
Code to permit a new motor vehicle dealer to
display new motor vehicles at a location other
than the dealer's licensed location if such
display is for an educational institution, to
alter the statutory procedures governing motor
vehicle shows, and to clarify the law governing
the retail sale of utility and certain other
trailers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.312 and 4517.22 of the Revised
Code be amended to read as follows:
Sec. 4503.312. As used in this section:
(A) "Utility trailer" means any trailer, except a travel
trailer or trailer for transporting watercraft, having a gross
weight of less than four thousand pounds.
(B) "Snowmobile" and "all-purpose vehicle" have the same
meaning meanings as in section 4519.01 of the Revised Code.
(C) "Distributor" means any person authorized by a
manufacturer of utility trailers or trailers for transporting
motorcycles, snowmobiles, or all-purpose vehicles to distribute
new trailers to persons for purposes of resale.
A manufacturer or, distributor, or retail seller of utility
trailers or trailers for transporting motorcycles, snowmobiles, or
all-purpose vehicles may apply for registration with the registrar
of motor vehicles for each place in this state where the
manufacturer or, distributor, or retail seller carries on the
business of manufacturing or, distributing, or selling at retail
such trailers. Applications for annual registration shall be made
at the time provided for payment of the tax imposed by section
4503.09 of the Revised Code; shall be in the manner to be
prescribed by the registrar; and shall be accompanied by an
affidavit certifying that the applicant is a manufacturer or,
distributor, or retail seller of utility trailers or trailers for
transporting motorcycles, snowmobiles, or all-purpose vehicles.
The fee for such registration shall be twenty-five dollars and
shall not be reduced when the registration is for a part of a
year.
Upon the filing of the application and affidavit, and payment
of the fee and appropriate postage as required by the registrar,
the registrar shall assign to the applicant a distinctive number
which shall be displayed on the rear of each trailer when it is
operated on the public highway. Any trailer for transporting
motorcycles, snowmobiles, or all-purpose vehicles that is not
loaded may be operated on the public highway until it is sold or
transferred; and any utility trailer that is not loaded, or that
is being used to transport another utility trailer for purposes of
demonstration or delivery, may be operated on the public highway
until it is sold or transferred.
At the time the registrar assigns the distinctive number, the
registrar shall furnish one placard with the number thereon. The
manufacturer or, distributor, or retail seller may procure a
reasonable number of certified copies of the registration
certificate upon the payment of a fee of five dollars and postage.
With each of such certified copies, the registrar shall furnish
one placard with the same number provided in the original
registration certificate, and shall add thereto such special
designation as necessary to distinguish one set of placards from
another. All placards furnished by the registrar pursuant to this
section shall be so marked as to be distinguishable from placards
issued to dealers in or manufacturers of motor vehicles or
trailers for transporting watercraft.
The fees collected by the registrar pursuant to this section
shall be paid into the state bureau of motor vehicles fund
established by section 4501.25 of the Revised Code and used for
the purposes described in that section.
Sec. 4517.22. (A) As used in this section:
(1) "General market area" means a reasonable contiguous
geographical area established by a motor vehicle show
representative that is based upon the size of the show and that
does not unreasonably exclude any licensed new motor vehicle
dealer selling the same line-make as another licensed new motor
vehicle dealer located within the area.
(2) "Gross vehicle weight" means the unladen weight of a
motor vehicle fully equipped.
(3) "Livestock trailer" means a new or used trailer designed
by its manufacturer to be used to transport horses or to transport
animals generally used for food or in the production of food,
including cattle, sheep, goats, rabbits, poultry, swine, and any
other animals included by the director of agriculture in rules
adopted under section 901.72 of the Revised Code.
(4) "Major livestock show" means any show of livestock that
is held at the Ohio state fairgrounds, is national in scope, and
that continues for more than ten consecutive days.
(5) "Show representative" means a sponsor, promoter, or
representative of a group of motor vehicle dealers who acts on
behalf of the group and is responsible for the coordination of a
motor vehicle show.
(6) "Truck" has the same meaning as in section 4511.01 of the
Revised Code.
(B) Any group of licensed new motor vehicle dealers may
display motor vehicles at a motor vehicle show within the general
market area allocated to a licensed new motor vehicle dealer,
whenever all both of the following conditions are met:
(1) The primary purpose of the motor vehicle show is the
exhibition of competitive makes and models of motor vehicles to
provide the general public the opportunity to review and inspect
various makes and models of motor vehicles at a single location
contemporaneously for a period not to exceed fourteen days;
(2) Not less than thirty days before the planned opening date
of the motor vehicle show, the group requests show representative
executes and receives permission to hold the show from
files with
the registrar of motor vehicles an affidavit, in a form prescribed
by the registrar, that certifies that all requirements of this
section have been or will be met, as applicable.
If the registrar approves the affidavit, the registrar shall
grant the show representative permission to conduct the motor
vehicle show. If the registrar determines that there is a
deficiency in the affidavit, the registrar shall inform the show
representative of the deficiency as soon possible after the
registrar receives the affidavit so that the show representative
has the opportunity to remedy the deficiency. The registrar also
shall describe with specificity the measures the show
representative is required to take in order to cure the
deficiency. The show representative shall return the corrected
affidavit to the registrar not later than fourteen days before the
planned opening date of the motor vehicle show in order for the
show representative to be eligible to hold the show. If the
registrar finds that the deficiency has been cured in the
corrected affidavit, the registrar shall grant the show
representative permission to conduct the motor vehicle show. If
the registrar finds that the deficiency has not been cured, the
registrar shall deny the show representative permission to conduct
the motor vehicle show.
(B)(C) No contracts shall be signed, deposits taken, or sales
consummated at the location of a motor vehicle show.
(C) Any sponsor of a motor vehicle (D) The show
representative shall offer by mail an invitation to all new motor
vehicle dealers dealing in competitive types of motor vehicles in
the general market area to participate and display motor vehicles
in the show. The sponsor show representative may offer a similar
invitation to manufacturers or distributors. A copy of each
invitation shall be retained by the sponsor show representative
for at least one year after the show.
(D) No person except a (E) A manufacturer or distributor
shall may hold in any public place a motor vehicle show at which
only one motor vehicle is displayed, and but no such single unit
show shall be held unless the manufacturer or distributor requests
executes and
receives permission from files with the registrar
not less than thirty days before the show an affidavit, in a form
prescribed by the registrar, that certifies that all requirements
of this section have been or will be met, as applicable.
(E) The registrar shall not grant permission for any motor
vehicle show to be held, unless it is proven to the registrar's
satisfaction that (F) An affidavit filed pursuant to this section
shall contain a statement that during the motor vehicle show or
during the time a motor vehicle otherwise is displayed under this
section no attempt is being shall be made to circumvent the
provisions of sections 4517.01 to 4517.45 of the Revised Code.
(F)(G) Nothing contained in this section shall be construed
as prohibiting the taking of orders for nonmotorized recreational
vehicles as defined in section 4501.01 of the Revised Code at
sports or camping shows.
(G)(H) No motor vehicle dealer, motor vehicle leasing dealer,
motor vehicle auction owner, or distributor licensed under
sections 4517.01 to 4517.45 of the Revised Code shall display a
motor vehicle at any place except the dealer's, owner's, or
distributor's licensed location, unless the dealer, owner, or
distributor first obtains permission from the registrar and
complies with the applicable rules of the motor vehicle dealers
board.
(H)(I) Nothing contained in this section shall be construed
as prohibiting the display of, the taking of orders for, or the
sale of, livestock trailers at livestock and agricultural shows,
including county fairs. Notwithstanding section 4517.03 of the
Revised Code, livestock trailers may be sold at livestock and
agricultural shows, including county fairs, as permitted by this
division.
As used in this division, "livestock trailer" means a new or
used trailer designed by its manufacturer to be used to transport
horses or to transport animals generally used for food or in the
production of food, including cattle, sheep, goats, rabbits,
poultry, swine, and any other animals included by the director of
agriculture in rules adopted under section 901.72 of the Revised
Code.
(I)(J) Notwithstanding division (B)(C) of this section,
contracts may be signed, deposits taken, and sales consummated at
the location of a motor vehicle show where the motor vehicles
involved are horse trailers or towing vehicles that are trucks and
have a gross vehicle weight of more than three-quarters of a ton,
the motor vehicle show is being held as part of or in connection
with a major livestock show, the licensed new motor vehicle
dealers involved have complied with the applicable requirements of
this section, and the registrar has granted permission for the
motor vehicle show in accordance with division (E)(F) of this
section.
As used in this division:
(1) "Major livestock show" means any show of livestock that
is held at the Ohio state fairgrounds, is national in scope, and
that continues for more than ten consecutive days.
(2) "Truck" has the same meaning as in section 4511.01 of the
Revised Code.
(3) "Gross vehicle weight" means the unladen weight of the
vehicle fully equipped.
(J)(K)(1) Notwithstanding division (H) of this section, a new
motor vehicle dealer may display more than one new
motor vehicle at a location other than the dealer's licensed
location, and permit test drives to be taken at the location of
the display, if the dealer executes and files with the registrar
an affidavit not less than fourteen days before the first day of
the display. The affidavit shall be in a form prescribed by the
registrar, and the dealer shall file a statement with the
affidavit attesting to the location of the display and the number
of vehicles that will be included in the display. The affidavit
shall certify to the registrar all of the following:
(a) The display is promoted by a motor vehicle manufacturer
for the benefit of an educational institution.
(b) The display will be held on the grounds of that
educational institution.
(c) Any donations made by the manufacturer to the educational
institution will be based on a per test drive basis.
(d) No contracts will be signed, deposits taken, or sales
consummated at the location of the display.
(e) The display will occur in the county where the dealer is
licensed or in a contiguous county.
(f) The display will continue for not more than three days,
and all days will be consecutive.
(2) A dealer shall maintain all records of a display held
pursuant to division (K)(1) of this section, including a copy of
the affidavit, for a period of three years. Upon request of the
registrar or an authorized agent of the registrar, the records
shall be made available for reasonable inspection or shall be
provided to the registrar or the authorized agent. The records
shall include the location and dates of the display.
(3) A dealer may display motor vehicles pursuant to division
(K)(1) of this section for a total of not more than five days per
calendar year.
(L) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Section 2. That existing sections 4503.312 and 4517.22 of
the Revised Code are hereby repealed.
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