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H. B. No. 335 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Adams, J., Hall, Henne, O'Brien, Terhar, Boose
A BILL
To amend sections 3741.14, 4501.06, 4503.10,
4503.103, 4503.11, 4503.191, 4513.02, 4513.11,
5577.044, 5735.01, and 5735.012 and to enact
sections 122.079, 122.0710, 122.0711, 122.0712,
122.0713, 122.0714, 122.0715, and 5735.015 of the
Revised Code to create the Green Fleets Loan
Guarantee Program to guarantee the repayment of
loans made to governmental entities and private
businesses to fund the conversion of all or a
portion of their fleet vehicles to run on natural
gas fuel; to apply the motor fuel tax to
compressed natural gas; to authorize a temporary
exemption from the motor fuel tax for purchasers
of propane and compressed natural gas; to require
the inspection of certain natural gas vehicles; to
create a weight limit exemption for compressed
natural gas vehicles; and to clarify the
regulatory authority of the Fire Marshal with
regard to filling stations dispensing gaseous
fuel.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3741.14, 4501.06, 4503.10,
4503.103, 4503.11, 4503.191, 4513.02, 4513.11, 5577.044, 5735.01,
and 5735.012 be amended and sections 122.079, 122.0710, 122.0711,
122.0712, 122.0713, 122.0714, 122.0715, and 5735.015 of the
Revised Code be enacted to read as follows:
Sec. 122.079. (A) As used in sections 122.079 to 122.0714 of
the Revised Code:
(1) "Governmental entity" means a state agency or a political
subdivision of the state.
(2) "Lending institution" means a financial institution that
is eligible to make commercial loans.
(3) "Natural gas fuel" means any liquefied petroleum gas
product, compressed natural gas product, or combination thereof,
used in a motor vehicle.
(B) There is hereby created within the development services
agency the green fleets loan guarantee program. Under the program,
the director of development services may, on behalf of the state,
enter into contracts to guarantee the repayment of loans made to
governmental entities or private businesses to fund the conversion
of all or a portion of their fleet vehicles to run on natural gas
fuel.
(C) Before guaranteeing any such repayments the director
shall determine that:
(1) The proposed use of the loan proceeds is economically
sound.
(2) The rate of interest on the loan to be guaranteed is not
excessive.
(3) Under the payment terms described in section 122.0710 of
the Revised Code, the loan plus interest will be repaid within
five years after the date the loan was made.
(D) The guarantees provided under this section shall be
secured solely by and payable solely from the green fleets loan
guarantee fund, which is hereby created. The fund shall be in the
custody of the treasurer of state but shall not be part of the
state treasury. The fund shall consist of all grants, gifts, and
contributions of money lawfully designated for or deposited into
the fund and all money lawfully appropriated and transferred to
the fund. Upon the request of the director, the treasurer of state
may transfer to the fund any unencumbered and available moneys in
the loan guarantee fund created under section 166.06 of the
Revised Code. Such guarantees shall not constitute obligations of
the state and moneys raised by taxation shall not be obligated or
pledged for the payment of the guarantees.
(E) The contract of guarantee shall make provisions for the
conditions of the guarantee commitment, the time for and manner of
fulfillment of the guarantee commitment, and any other terms
customary to such guarantees and as the director may approve.
(F) The treasurer of state shall serve as agent for the
director in the making of deposits and withdrawals and maintenance
of records pertaining to the green fleets loan guarantee fund.
Sec. 122.0710. (A) The director of development services
shall contract with one or more financial institutions to issue
credit cards to recipients of a loan guaranteed under section
122.079 of the Revised Code for use at fueling stations when
purchasing natural gas fuel for the converted fleet vehicles that
were funded by the loan. A loan recipient shall be given one
credit card for each such vehicle.
(B) The financial institutions under contract with the
director shall provide each loan recipient with a monthly
statement that shows the account activity for all of the loan
recipient's converted fleet vehicles that were funded by the loan.
Based on the location of a particular fueling station, the
financial institutions shall utilize the regional breakdown posted
on the development services agency's web site pursuant to section
122.0714 of the Revised Code to charge each loan recipient the
following:
(1) For each fleet vehicle that, prior to the conversion, ran
on gasoline, the average market price for gasoline in that region
for each gallon equivalent of natural gas fuel purchased during
the previous month;
(2) For each fleet vehicle that, prior to the conversion, ran
on diesel fuel, the average market price for diesel fuel in that
region for each gallon equivalent of natural gas fuel purchased
during the previous month.
(C) Upon receipt of a loan recipient's monthly payment, the
financial institutions shall reimburse the appropriate fueling
station operators and remit the excess amount paid by the loan
recipient to the development services agency.
Sec. 122.0711. The development services agency shall record
the amounts received under division (C) of section 122.0710 of the
Revised Code and, for each loan recipient, transfer those amounts
to the lending institution that made the particular loan. When the
amounts transferred are enough to repay the loan plus interest,
the agency shall cancel the credit cards issued to that loan
recipient.
Sec. 122.0712. (A) Subject to section 122.0713 of the Revised
Code, each loan recipient shall continue to use the credit cards
issued to it and pay the amount required under division (B) of
section 122.0710 of the Revised Code until the loan is repaid in
full.
(B) If a loan recipient fails to comply with division (A) of
this section, the loan recipient shall be given an opportunity to
rectify the failure by paying the amount required. If the loan
recipient fails to rectify the failure or fails to comply with
division (A) of this section a second time, the loan recipient
shall be required to immediately repay the loan in full.
Sec. 122.0713. A recipient of a loan guaranteed under section
122.079 of the Revised Code shall not be liable to the lending
institution in any manner for payment of the principal or interest
on the loan if the loan recipient demonstrates both of the
following:
(A) It complied with all of the conditions of the loan.
(B) The amount it paid pursuant to division (B) of section
122.0710 of the Revised Code when refueling its converted fleet
vehicles was not enough to repay the loan plus interest within ten
years after the date the loan was made.
Sec. 122.0714. The director of development services shall,
on a monthly basis, prepare a breakdown of the average market
price for gasoline and the average market price for diesel fuel in
each region of the state and post the information on the
development services agency's web site. Financial institutions
shall use that breakdown when calculating the amount to charge
loan recipients under section 122.0710 of the Revised Code for
their natural gas fuel purchases.
Sec. 122.0715. The director of development services shall
adopt, in accordance with Chapter 119. of the Revised Code, any
rules necessary for the implementation of sections 122.079 to
122.0714 of the Revised Code.
Sec. 3741.14. (A) Each filling station offering self-service
shall be operated in accordance with national fire protection
association standard number 30A-1990, and the provisions of the
"Occupational Safety and Health Act of 1970," 84 Stat. 1590, 5
U.S.C.A. 5108, and any amendments thereto and standards adopted
thereunder.
(B) The fire marshal shall adopt, as part of the state fire
code, rules governing the equipment, operation, and maintenance of
filling stations. The rules shall be such as are necessary for the
protection of the persons and property of the public, but shall
require as a minimum that:
(1) Gasoline and other flammable or combustible liquids or
gases be dispensed only by a person who is not smoking;
(2) A sign, in block letters at least four inches in height,
be conspicuously displayed on each gasoline fuel pump island where
self-service is offered stating that it is a self-service island;
(3) Signs giving instructions for the operation of
gasoline
fuel dispensing equipment, in block letters, be conspicuously
posted at each filling station offering self-service;
(4) A sign bearing the following words in block letters be
conspicuously posted on each gasoline fuel pump island where
self-service is offered:
(c) "WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE
GASOLINE INTO UNAPPROVED CONTAINERS";
(d) "PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST
REMAIN AT THE REFUELING POINT DURING REFUELING".
(5) All signs required by this section be constructed of
rigid, weather-resistant material;
(6) Gasoline Fuel dispensing nozzles used by any person other
than a supervisor, employee, or attendant be of an approved
automatic closing type. Any person other than a supervisor,
employee, or attendant using a dispenser with a hold-open latch
shall remain at the refueling point during refueling.
(C) The fire marshal shall not prohibit the operation of a
filling station offering self-service solely because it is an
unattended filling station that utilizes key- or card-operated
self-service flammable or combustible liquid dispensing equipment.
(D) Nothing in this section shall be interpreted to prohibit
the fire marshal from adopting reasonable rules governing the
safety of self-service flammable or combustible liquid or gas
dispensing equipment.
Sec. 4501.06. The taxes, fees, and fines levied, charged, or
referred to in division (O) of section 4503.04, division (E) of
section 4503.042, division (B) of section 4503.07, division (C)(1)
of section 4503.10, division (D) of section 4503.182, division (A)
of section 4503.19, division (D)(2) of section 4507.24, division
(A) of section 4508.06, division (E) of section 4513.02, and
sections 4503.40, 4503.42, 4505.11, 4505.111, 4506.08, 4507.23,
4508.05, 4513.53, and 5502.12 of the Revised Code, and the taxes
charged in section 4503.65 that are distributed in accordance with
division (A)(2) of section 4501.044 of the Revised Code unless
otherwise designated by law, shall be deposited in the state
treasury to the credit of the state highway safety fund, which is
hereby created. Money credited to the fund shall, after receipt of
certifications from the commissioners of the sinking fund
certifying that there are sufficient moneys to the credit of the
highway obligations bond retirement fund created by section
5528.32 of the Revised Code to meet in full all payments of
interest, principal, and charges for the retirement of highway
obligations issued pursuant to Section 2i of Article VIII, Ohio
Constitution, and sections 5528.30 and 5528.31 of the Revised Code
due and payable during the current calendar year, be used for the
purpose of enforcing and paying the expenses of administering the
law relative to the registration and operation of motor vehicles
on the public roads or highways. Amounts credited to the fund may
also be used to pay the expenses of administering and enforcing
the laws under which such fees were collected. All investment
earnings of the state highway safety fund shall be credited to the
fund.
Sec. 4503.10. (A)(1) The owner of every snowmobile,
off-highway motorcycle, and all-purpose vehicle required to be
registered under section 4519.02 of the Revised Code shall file an
application for registration under section 4519.03 of the Revised
Code. The owner of a motor vehicle, other than a snowmobile,
off-highway motorcycle, or all-purpose vehicle, that is not
designed and constructed by the manufacturer for operation on a
street or highway may not register it under this chapter except
upon certification of inspection pursuant to section 4513.02 of
the Revised Code by the sheriff, or the chief of police of the
municipal corporation or township, with jurisdiction over the
political subdivision in which the owner of the motor vehicle
resides.
Except
(2) Except as provided in section 4503.103 of the Revised
Code, every owner of every other motor vehicle not previously
described in this section and every person mentioned as owner in
the last certificate of title of a motor vehicle that is operated
or driven upon the public roads or highways shall cause to be
filed each year, by mail or otherwise, in the office of the
registrar of motor vehicles or a deputy registrar, a written or
electronic application or a preprinted registration renewal notice
issued under section 4503.102 of the Revised Code, the form of
which shall be prescribed by the registrar, for registration for
the following registration year, which shall begin on the first
day of January of every calendar year and end on the thirty-first
day of December in the same year. Applications for registration
and registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for or
renew a motor vehicle registration by electronic means using
electronic signature in accordance with rules adopted by the
registrar.
Except
Except as provided in division (J) of this section,
applications for registration shall be made on blanks furnished by
the registrar for that purpose, containing the following
information:
(1)(a) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle
identification number, and, in the case of commercial cars, the
gross weight of the vehicle fully equipped computed in the manner
prescribed in section 4503.08 of the Revised Code;
(2)(b) The name and residence address of the owner, and the
township and municipal corporation in which the owner resides;
(3)(c) The district of registration, which shall be
determined as follows:
(a)(i) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business or
branch business, conducted at a particular place, the district of
registration is the municipal corporation in which that place is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b)(ii) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4)(d) Whether the motor vehicle is a new or used motor
vehicle;
(5)(e) The date of purchase of the motor vehicle;
(6)(f) Whether the fees required to be paid for the
registration or transfer of the motor vehicle, during the
preceding registration year and during the preceding period of the
current registration year, have been paid. Each application for
registration shall be signed by the owner, either manually or by
electronic signature, or pursuant to obtaining a limited power of
attorney authorized by the registrar for registration, or other
document authorizing such signature. If the owner elects to apply
for or renew the motor vehicle registration with the registrar by
electronic means, the owner's manual signature is not required.
(7)(g) The owner's social security number, driver's license
number, or state identification number, or, where a motor vehicle
to be registered is used for hire or principally in connection
with any established business, the owner's federal taxpayer
identification number. The bureau of motor vehicles shall retain
in its records all social security numbers provided under this
section, but the bureau shall not place social security numbers on
motor vehicle certificates of registration.
(h) Whether the motor vehicle is capable of using any of the
following to power the motor vehicle:
(iv) Liquefied petroleum gas; or
If the motor vehicle is capable of using any of the
aforementioned power sources, the applicant shall specify which.
(B)(1) Except as otherwise provided in this division, each
time an applicant first registers a motor vehicle in the
applicant's name, the applicant shall present for inspection a
physical certificate of title or memorandum certificate showing
title to the motor vehicle to be registered in the name of the
applicant if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised
Code, a clerk instead has issued an electronic certificate of
title for the applicant's motor vehicle, that certificate may be
presented for inspection at the time of first registration in a
manner prescribed by rules adopted by the registrar. An applicant
is not required to present a certificate of title to an electronic
motor vehicle dealer acting as a limited authority deputy
registrar in accordance with rules adopted by the registrar. When
(2) When a motor vehicle inspection and maintenance program
is in effect under section 3704.14 of the Revised Code and rules
adopted under it, each application for registration for a vehicle
required to be inspected under that section and those rules shall
be accompanied by an inspection certificate for the motor vehicle
issued in accordance with that section. The
(3) Each application for registration of a vehicle required
to be inspected under division (E) of section 4513.02 of the
Revised Code shall be accompanied by a valid inspection
certificate for the motor vehicle issued in accordance with that
section.
(4) An application for registration shall be refused if any
of the following applies:
(1)(a) The application is not in proper form.
(2)(b) The application is prohibited from being accepted by
division (D) of section 2935.27, division (A) of section 2937.221,
division (A) of section 4503.13, division (B) of section 4510.22,
or division (B)(1) of section 4521.10 of the Revised Code.
(3)(c) A certificate of title or memorandum certificate of
title is required but does not accompany the application or, in
the case of an electronic certificate of title, is required but is
not presented in a manner prescribed by the registrar's rules.
(4)(d) All registration and transfer fees for the motor
vehicle, for the preceding year or the preceding period of the
current registration year, have not been paid.
(5)(e) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
(f) The owner does not have a valid inspection certificate
for the motor vehicle issued under division (E) of section 4513.02
of the Revised Code if such a certificate is required under that
section.
(5) This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When
(6) When a certificate of registration is issued upon the
first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor vehicle, if any. The official also shall
indicate, by a stamp or by other means the registrar prescribes,
on the registration certificate issued upon the first registration
of a motor vehicle by or on behalf of the owner the odometer
reading of the motor vehicle as shown in the odometer statement
included in or attached to the certificate of title. Upon each
subsequent registration of the motor vehicle by or on behalf of
the same owner, the official also shall so indicate the odometer
reading of the motor vehicle as shown on the immediately preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required:
(a) If required to be inspected under section 3704.14 of the
Revised Code, the inspection certificate number from the
inspection certificate that is presented at the time of
registration of the vehicle as required under this division
section;
(b) If required to be inspected under division (E) of section
4513.02 of the Revised Code, the inspection certificate number
from the inspection certificate that is presented at the time of
registration of the vehicle as required under this section.
(C)(1) Except as otherwise provided in division (C)(1) of
this section, for each registration renewal with an expiration
date on or after October 1, 2003, and for each initial application
for registration received on and after that date, the registrar
and each deputy registrar shall collect an additional fee of
eleven dollars for each application for registration and
registration renewal received. For vehicles specified in divisions
(A)(1) to (21) of section 4503.042 of the Revised Code, commencing
with each registration renewal with an expiration date on or after
October 1, 2009, and for each initial application received on or
after that date, the registrar and deputy registrar shall collect
an additional fee of thirty dollars for each application for
registration and registration renewal received. The additional fee
is for the purpose of defraying the department of public safety's
costs associated with the administration and enforcement of the
motor vehicle and traffic laws of Ohio. Each deputy registrar
shall transmit the fees collected under division (C)(1) of this
section in the time and manner provided in this section. The
registrar shall deposit all moneys received under division (C)(1)
of this section into the state highway safety fund established in
section 4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be made
for each reflectorized safety license plate issued, and a single
charge of twenty-five cents shall be made for each county
identification sticker or each set of county identification
stickers issued, as the case may be, to cover the cost of
producing the license plates and stickers, including material,
manufacturing, and administrative costs. Those fees shall be in
addition to the license tax. If the total cost of producing the
plates is less than twenty-five cents per plate, or if the total
cost of producing the stickers is less than twenty-five cents per
sticker or per set issued, any excess moneys accruing from the
fees shall be distributed in the same manner as provided by
section 4501.04 of the Revised Code for the distribution of
license tax moneys. If the total cost of producing the plates
exceeds twenty-five cents per plate, or if the total cost of
producing the stickers exceeds twenty-five cents per sticker or
per set issued, the difference shall be paid from the license tax
moneys collected pursuant to section 4503.02 of the Revised Code.
(D) Each deputy registrar shall be allowed a fee of three
dollars and fifty cents for each application for registration and
registration renewal notice the deputy registrar receives, which
shall be for the purpose of compensating the deputy registrar for
the deputy registrar's services, and such office and rental
expenses, as may be necessary for the proper discharge of the
deputy registrar's duties in the receiving of applications and
renewal notices and the issuing of registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for registration or registration renewal notice, together with the
license fee and any local motor vehicle license tax levied
pursuant to Chapter 4504. of the Revised Code, shall transmit that
fee and tax, if any, in the manner provided in this section,
together with the original and duplicate copy of the application,
to the registrar. The registrar, subject to the approval of the
director of public safety, may deposit the funds collected by
those deputies in a local bank or depository to the credit of the
"state of Ohio, bureau of motor vehicles." Where a local bank or
depository has been designated by the registrar, each deputy
registrar shall deposit all moneys collected by the deputy
registrar into that bank or depository not more than one business
day after their collection and shall make reports to the registrar
of the amounts so deposited, together with any other information,
some of which may be prescribed by the treasurer of state, as the
registrar may require and as prescribed by the registrar by rule.
The registrar, within three days after receipt of notification of
the deposit of funds by a deputy registrar in a local bank or
depository, shall draw on that account in favor of the treasurer
of state. The registrar, subject to the approval of the director
and the treasurer of state, may make reasonable rules necessary
for the prompt transmittal of fees and for safeguarding the
interests of the state and of counties, townships, municipal
corporations, and transportation improvement districts levying
local motor vehicle license taxes. The registrar may pay service
charges usually collected by banks and depositories for such
service. If deputy registrars are located in communities where
banking facilities are not available, they shall transmit the fees
forthwith, by money order or otherwise, as the registrar, by rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees for
such service.
(G) This section does not prevent any person from making an
application for a motor vehicle license directly to the registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of three
dollars and fifty cents for each application.
(H) No person shall make a false statement as to the district
of registration in an application required by division (A) of this
section. Violation of this division is falsification under section
2921.13 of the Revised Code and punishable as specified in that
section.
(I)(1) Where applicable, the requirements of division (B) of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director of
environmental protection, or any person that has been awarded a
contract under section 3704.14 of the Revised Code, an on-line
computer data link to registration information for all passenger
cars, noncommercial motor vehicles, and commercial cars that are
subject to that section. The registrar also shall provide to the
director of environmental protection a magnetic data tape
containing registration information regarding passenger cars,
noncommercial motor vehicles, and commercial cars for which a
multi-year registration is in effect under section 4503.103 of the
Revised Code or rules adopted under it, including, without
limitation, the date of issuance of the multi-year registration,
the registration deadline established under rules adopted under
section 4503.101 of the Revised Code that was applicable in the
year in which the multi-year registration was issued, and the
registration deadline for renewal of the multi-year registration.
(J) Subject to division (K) of this section, application for
registration under the international registration plan, as set
forth in sections 4503.60 to 4503.66 of the Revised Code, shall be
made to the registrar on forms furnished by the registrar. In
accordance with international registration plan guidelines and
pursuant to rules adopted by the registrar, the forms shall
include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined gross
vehicle weight of the combination vehicle as declared by the
registrant;
(3) Any other information the registrar requires by rule.
(K) The registrar shall determine the feasibility of
implementing an electronic commercial fleet licensing and
management program that will enable the owners of commercial
tractors, commercial trailers, and commercial semitrailers to
conduct electronic transactions by July 1, 2010, or sooner. If the
registrar determines that implementing such a program is feasible,
the registrar shall adopt new rules under this division or amend
existing rules adopted under this division as necessary in order
to respond to advances in technology.
If international registration plan guidelines and provisions
allow member jurisdictions to permit applications for
registrations under the international registration plan to be made
via the internet, the rules the registrar adopts under this
division shall permit such action.
Sec. 4503.103. (A)(1) The registrar of motor vehicles may
adopt rules to permit any person or lessee, other than a person
receiving an apportioned license plate under the international
registration plan, who owns or leases one or more motor vehicles
to file a written application for registration for no more than
five succeeding registration years. The rules adopted by the
registrar may designate the classes of motor vehicles that are
eligible for such registration. At the time of application, all
annual taxes and fees shall be paid for each year for which the
person is registering.
(2)(a) Not later than December 31, 2013 and except as
provided in division (A)(4) of this section, the registrar shall
adopt rules to permit any person or lessee who owns or leases a
trailer or semitrailer that is subject to the tax rates prescribed
in section 4503.042 of the Revised Code for such trailers or
semitrailers to file a written application for registration for
any number of succeeding registration years, including a permanent
registration. At the time of application, all annual taxes and
fees shall be paid for each year for which the person is
registering, provided that the annual taxes due, regardless of the
number of years for which the person is registering, shall not
exceed two hundred dollars. A person who registers a vehicle under
division (A)(2)(1) of this section shall pay for each year of
registration the additional fee established under division (C)(1)
of section 4503.10 of the Revised Code, provided that the
additional fee due, regardless of the number of years for which
the person is registering, shall not exceed eighty-eight dollars.
The person also shall pay one single deputy registrar service fee
in the amount specified in division (D) of section 4503.10 of the
Revised Code or one single bureau of motor vehicles service fee in
the amount specified in division (G) of that section, as
applicable, regardless of the number of years for which the person
is registering.
(b) In addition, each person registering a trailer or
semitrailer under division (A)(2)(1)(a) of this section shall pay
any applicable local motor vehicle license tax levied under
Chapter 4504. of Revised Code for each year for which the person
is registering, provided that not more than eight times any such
annual local taxes shall be due upon registration.
(c) The period of registration for a trailer or semitrailer
registered under division (A)(2)(1)(a) of this section is
exclusive to the trailer or semitrailer for which that certificate
of registration is issued and is not transferable to any other
trailer or semitrailer.
(3)(2) Except as provided in division (A)(3) or (4) of this
section, the registrar shall adopt rules to permit any person who
owns a motor vehicle to file an application for registration for
not more than five succeeding registration years. At the time of
application, the person shall pay the annual taxes and fees for
each registration year, calculated in accordance with division (C)
of section 4503.11 of the Revised Code. A person who is
registering a vehicle under division (A)(3)(2) of this section
shall pay for each year of registration the additional fee
established under division (C)(1) of section 4503.10 of the
Revised Code. The person shall also pay the deputy registrar
service fee or the bureau of motor vehicles service fee, as
follows:
(a) For a two-year registration, the service fee is five
dollars and twenty-five cents.
(b) For a three-year registration, the service fee is eight
dollars.
(c) For a four- or five-year registration, the service fee is
ten dollars.
(4)(3) Division (A)(3)(2) of this section does not apply to a
person receiving an apportioned license plate under the
international registration plan, or the owner of a commercial car
used solely in intrastate commerce, or the owner of a bus as
defined in section 4513.50 of the Revised Code.
(4) No person who owns a motor vehicle that is subject to
inspection under division (E) of section 4513.02 of the Revised
Code shall file an application for registration for any period
that will exceed the period of validity of the inspection
certificate issued under that division. The registrar or a deputy
registrar shall not issue a registration for any motor vehicle if
the registration period will exceed the period of validity of an
inspection certificate issued under division (E) of section
4513.02 of the Revised Code.
(B) No person applying for a multi-year registration under
division (A) of this section is entitled to a refund of any taxes
or fees paid.
(C) The registrar shall not issue to any applicant who has
been issued a final, nonappealable order under division (D) of
this section a multi-year registration or renewal thereof under
this division or rules adopted under it for any motor vehicle that
is required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(D) Upon receipt from the director of environmental
protection of a notice issued under rules adopted under section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained a required inspection certificate for the vehicle, the
registrar in accordance with Chapter 119. of the Revised Code
shall issue an order to the owner impounding the certificate of
registration and identification license plates for the vehicle.
The order also shall prohibit the owner from obtaining or renewing
a multi-year registration for any vehicle that is required to be
inspected under that section, the district of registration of
which is or is located in the same county as the county named in
the order during the number of years after expiration of the
current multi-year registration that equals the number of years
for which the current multi-year registration was issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five days
after its issuance. If the owner fails to do so within that time,
the registrar shall certify that fact to the county sheriff or
local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(E) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (D)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection of
a subsequent notice under rules adopted under section 3704.14 of
the Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under those rules;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(F) The owner of a motor vehicle for which the certificate of
registration and license plates have been impounded pursuant to an
order issued under division (D) of this section, upon issuance of
a modified order under division (E) of this section, may apply to
the registrar for their return. A fee of two dollars and fifty
cents shall be charged for the return of the certificate of
registration and license plates for each vehicle named in the
application.
Sec. 4503.11. (A) Except as provided by sections 4503.103,
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no
person who is the owner or chauffeur of a motor vehicle operated
or driven upon the public roads or highways shall fail to file
annually the application for registration or to pay the tax
therefor.
(B) Except as provided by sections 4503.12 and 4503.16 of the
Revised Code, the taxes payable on all applications made under
sections 4503.10 and 4503.102 of the Revised Code shall be the sum
of the tax due under division (B)(1)(a) or (b) of this section
plus the tax due under division (B)(2)(a) or (b) of this section:
(1)(a) If the application is made before the second month of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
tax due is the full amount of the tax provided in section 4503.04
of the Revised Code;
(b) If the application is made during or after the second
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the Revised
Code, and prior to the beginning of the next such registration
period, the amount of the tax provided in section 4503.04 of the
Revised Code shall be reduced by one-twelfth of the amount of such
tax, rounded upward to the nearest cent, multiplied by the number
of full months that have elapsed in the current registration
period. The resulting amount shall be rounded upward to the next
highest dollar and shall be the amount of tax due.
(2)(a) If the application is made before the sixth month of
the current registration period to which the motor vehicle is
assigned as provided in section 4503.101 of the Revised Code, the
amount of tax due is the full amount of local motor vehicle
license taxes levied under Chapter 4504. of the Revised Code;
(b) If the application is made during or after the sixth
month of the current registration period to which the motor
vehicle is assigned as provided in section 4503.101 of the Revised
Code and prior to the beginning of the next such registration
period, the amount of tax due is one-half of the amount of local
motor vehicle license taxes levied under Chapter 4504. of the
Revised Code.
(C) The taxes payable on all applications made under division
(A)(3)(2) of section 4503.103 of the Revised Code shall be the sum
of the tax due under division (B)(1)(a) or (b) of this section
plus the tax due under division (B)(2)(a) or (b) of this section
for the first year plus the full amount of the tax provided in
section 4503.04 of the Revised Code and the full amount of local
motor vehicle license taxes levied under Chapter 4504. of the
Revised Code for each succeeding year.
(D) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4503.191. (A)(1) The identification license plate shall
be issued for a multi-year period as determined by the director of
public safety, and shall be accompanied by a validation sticker,
to be attached to the license plate. Except as provided in
division (A)(2) of this section, the validation sticker shall
indicate the expiration of the registration period to which the
motor vehicle for which the license plate is issued is assigned,
in accordance with rules adopted by the registrar of motor
vehicles. During each succeeding year of the multi-year period
following the issuance of the plate and validation sticker, upon
the filing of an application for registration and the payment of
the tax therefor, a validation sticker alone shall be issued. The
validation stickers required under this section shall be of
different colors or shades each year, the new colors or shades to
be selected by the director.
(2)(a) Not later than October 1, 2009, the director shall
develop a universal validation sticker that may be issued to any
owner of two hundred fifty or more passenger vehicles, so that a
sticker issued to the owner may be placed on any passenger vehicle
in that owner's fleet. The director may establish and charge an
additional fee of not more than one dollar per registration to
compensate for necessary costs of the universal validation sticker
program. The additional fee shall be credited to the state bureau
of motor vehicles fund created in section 4501.25 of the Revised
Code.
(b) A validation sticker issued for an all-purpose vehicle
that is registered under Chapter 4519. of the Revised Code or for
a trailer or semitrailer that is permanently registered under
division (A)(2)(1) of section 4503.103 of the Revised Code or is
registered for any number of succeeding registration years may
indicate the expiration of the registration period, if any, by any
manner determined by the registrar by rule.
(B) Identification license plates shall be produced by Ohio
penal industries. Validation stickers and county identification
stickers shall be produced by Ohio penal industries unless the
registrar adopts rules that permit the registrar or deputy
registrars to print or otherwise produce them in house.
Sec. 4513.02. (A) No person shall drive or move, or cause or
knowingly permit to be driven or moved, on any highway any vehicle
or combination of vehicles which is in such unsafe condition as to
endanger any person.
(B) When directed by any state highway patrol trooper, the
operator of any motor vehicle shall stop and submit such motor
vehicle to an inspection under division (B)(1) or (2) of this
section, as appropriate, and such tests as are necessary.
(1) Any motor vehicle not subject to inspection by the public
utilities commission shall be inspected and tested to determine
whether it is unsafe or not equipped as required by law, or that
its equipment is not in proper adjustment or repair, or in
violation of the equipment provisions of Chapter 4513. of the
Revised Code.
Such inspection shall be made with respect to the brakes,
lights, turn signals, steering, horns and warning devices, glass,
mirrors, exhaust system, windshield wipers, tires, and such other
items of equipment as designated by the superintendent of the
state highway patrol by rule or regulation adopted pursuant to
sections 119.01 to 119.13 of the Revised Code.
Upon determining that a motor vehicle is in safe operating
condition and its equipment in conformity with Chapter 4513. of
the Revised Code, the inspecting officer shall issue to the
operator an official inspection sticker, which shall be in such
form as the superintendent prescribes except that its color shall
vary from year to year.
(2) Any motor vehicle subject to inspection by the public
utilities commission shall be inspected and tested in accordance
with rules adopted by the commission. Upon determining that the
vehicle and operator are in compliance with rules adopted by the
commission, the inspecting officer shall issue to the operator an
appropriate official inspection sticker.
(C) The superintendent of the state highway patrol, pursuant
to sections 119.01 to 119.13 of the Revised Code, shall determine
and promulgate standards for any inspection program conducted by a
political subdivision of this state. These standards shall exempt
licensed collector's vehicles and historical motor vehicles from
inspection. Any motor vehicle bearing a valid certificate of
inspection issued by another state or a political subdivision of
this state whose inspection program conforms to the
superintendent's standards, and any licensed collector's vehicle
or historical motor vehicle which is not in a condition which
endangers the safety of persons or property, shall be exempt from
the tests provided in division (B) of this section.
(D) Every person, firm, association, or corporation that, in
the conduct of its business, owns and operates not less than
fifteen motor vehicles in this state that are not subject to
regulation by the public utilities commission and that, for the
purpose of storing, repairing, maintaining, and servicing such
motor vehicles, equips and operates one or more service
departments within this state, may file with the superintendent of
the state highway patrol applications for permits for such service
departments as official inspection stations for its own motor
vehicles. Upon receiving an application for each such service
department, and after determining that it is properly equipped and
has competent personnel to perform the inspections referred to in
this section, the superintendent shall issue the necessary
inspection stickers and permit to operate as an official
inspection station. Any such person who has had one or more
service departments so designated as official inspection stations
may have motor vehicles that are owned and operated by the person
and that are not subject to regulation by the public utilities
commission, excepting private passenger cars owned by the person
or the person's employees, inspected at such service department;
and any motor vehicle bearing a valid certificate of inspection
issued by such service department shall be exempt from the tests
provided in division (B) of this section.
No permit for an official inspection station shall be
assigned or transferred or used at any location other than therein
designated, and every such permit shall be posted in a conspicuous
place at the location designated.
If a person, firm, association, or corporation owns and
operates fifteen or more motor vehicles in the conduct of business
and is subject to regulation by the public utilities commission,
that person, firm, association, or corporation is not eligible to
apply to the superintendent for permits to enable any of its
service departments to serve as official inspection stations for
its own motor vehicles.
(E)(1) The superintendent of the state highway patrol, in
consultation with the registrar of motor vehicles and in
accordance with Chapter 119. of the Revised Code, shall adopt
rules governing the inspection of any motor vehicle for which
registration or registration renewal is sought in this state that
is capable of operating on liquefied petroleum gas, compressed
natural gas, liquefied natural gas, or any combination thereof.
Inspections under this section shall be for the purpose of
determining whether the fuel system installed in any such vehicle
is in safe operating condition. The rules shall do all of the
following:
(a) Establish procedures for the inspection of each motor
vehicle that has been converted to or originally manufactured to
operate on liquefied petroleum gas, compressed natural gas,
liquefied natural gas, or any combination thereof;
(b) Establish the time frame for the initial inspection of
both of the following:
(i) Any motor vehicle that was converted to or originally
manufactured to operate on liquefied petroleum gas, compressed
natural gas, liquefied natural gas, or any combination thereof
prior to the effective date of this amendment and for which
registration or registration renewal is sought in this state;
(ii) Any motor vehicle that is converted to or originally
manufactured to operate on liquefied petroleum gas, compressed
natural gas, liquefied natural gas, or any combination thereof
after the effective date of this amendment and for which
registration or registration renewal is sought in this state.
(c) Require a motor vehicle capable of operating on liquefied
petroleum gas, compressed natural gas, liquefied natural gas, or
any combination thereof to be inspected every three years after
the initial inspection of the motor vehicle;
(d) Establish an exemption from the initial inspection
requirement for a motor vehicle originally manufactured to operate
on liquefied petroleum gas, compressed natural gas, liquefied
natural gas, or any combination thereof, that is less than three
years old, and for which registration or registration renewal in
this state is sought. The rules shall require that in order to
register or renew the registration of such a vehicle in this state
after the three year exemption period has expired, the vehicle
shall be inspected.
(e) Establish procedures for the issuance of an official
inspection sticker and an official inspection certificate for any
vehicle that conforms with rules adopted under this section. The
rules shall require the sticker and inspection certificate to be
valid for three years and to be transferrable.
(f) Establish any other procedures or requirements determined
by the superintendent to be necessary for the administration of
division (E) of this section.
(2) A fee of fifty dollars shall be assessed by the state
highway patrol for each inspection made pursuant to division (E)
of this section. All fees collected under division (E) of this
section shall be deposited in the state highway safety fund
established under section 4501.06 of the Revised Code.
(F) When any motor vehicle is found to be unsafe for
operation, the inspecting officer may order it removed from the
highway and not operated, except for purposes of removal and
repair, until it has been repaired pursuant to a repair order as
provided in division (F)(G) of this section.
(F)(G) When any motor vehicle is found to be defective or in
violation of Chapter 4513. of the Revised Code, the inspecting
officer may issue a repair order, in such form and containing such
information as the superintendent shall prescribe, to the owner or
operator of the motor vehicle. The owner or operator shall
thereupon obtain such repairs as are required and shall, as
directed by the inspecting officer, return the repair order
together with proof of compliance with its provisions. When any
motor vehicle or operator subject to rules of the public utilities
commission fails the inspection, the inspecting officer shall
issue an appropriate order to obtain compliance with such rules.
(G)(H) Sections 4513.01 to 4513.37 of the Revised Code, with
respect to equipment on vehicles, do not apply to implements of
husbandry, road machinery, road rollers, or agricultural tractors
except as made applicable to such articles of machinery.
(H)(I) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4513.11. (A) All vehicles other than bicycles,
including animal-drawn vehicles and vehicles referred to in
division (G)(H) of section 4513.02 of the Revised Code, not
specifically required to be equipped with lamps or other lighting
devices by sections 4513.03 to 4513.10 of the Revised Code, shall,
at the times specified in section 4513.03 of the Revised Code, be
equipped with at least one lamp displaying a white light visible
from a distance of not less than one thousand feet to the front of
the vehicle, and also shall be equipped with two lamps displaying
red light visible from a distance of not less than one thousand
feet to the rear of the vehicle, or as an alternative, one lamp
displaying a red light visible from a distance of not less than
one thousand feet to the rear and two red reflectors visible from
all distances of six hundred feet to one hundred feet to the rear
when illuminated by the lawful lower beams of headlamps.
Lamps and reflectors required or authorized by this section
shall meet standards adopted by the director of public safety.
(B) All boat trailers, farm machinery, and other machinery,
including all road construction machinery, upon a street or
highway, except when being used in actual construction and
maintenance work in an area guarded by a flagperson, or where
flares are used, or when operating or traveling within the limits
of a construction area designated by the director of
transportation, a city engineer, or the county engineer of the
several counties, when such construction area is marked in
accordance with requirements of the director and the manual of
uniform traffic control devices, as set forth in section 4511.09
of the Revised Code, which is designed for operation at a speed of
twenty-five miles per hour or less shall be operated at a speed
not exceeding twenty-five miles per hour, and shall display a
triangular slow-moving vehicle emblem (SMV). The emblem shall be
mounted so as to be visible from a distance of not less than five
hundred feet to the rear. The director of public safety shall
adopt standards and specifications for the design and position of
mounting the SMV emblem. The standards and specifications for SMV
emblems referred to in this section shall correlate with and, so
far as possible, conform with those approved by the American
society of agricultural engineers.
A unit of farm machinery that is designed by its manufacturer
to operate at a speed greater than twenty-five miles per hour may
be operated on a street or highway at a speed greater than
twenty-five miles per hour provided it is operated in accordance
with this section.
As used in this division, "machinery" does not include any
vehicle designed to be drawn by an animal.
(C) The use of the SMV emblem shall be restricted to
animal-drawn vehicles, and to the slow-moving vehicles specified
in division (B) of this section operating or traveling within the
limits of the highway. Its use on slow-moving vehicles being
transported upon other types of vehicles or on any other type of
vehicle or stationary object on the highway is prohibited.
(D)(1) No person shall sell, lease, rent, or operate any boat
trailer, farm machinery, or other machinery defined as a
slow-moving vehicle in division (B) of this section, except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after April 1, 1966,
unless the vehicle is equipped with a slow-moving vehicle emblem
mounting device as specified in division (B) of this section.
(2) No person shall sell, lease, rent, or operate on a street
or highway any unit of farm machinery that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour unless the unit displays a slow-moving vehicle emblem as
specified in division (B) of this section and a speed
identification symbol that meets the specifications contained in
the American society of agricultural engineers standard ANSI/ASAE
S584 JAN2005, agricultural equipment: speed identification symbol
(SIS).
(E) Any boat trailer, farm machinery, or other machinery
defined as a slow-moving vehicle in division (B) of this section,
in addition to the use of the slow-moving vehicle emblem, and any
unit of farm machinery that is designed by its manufacturer to
operate at a speed greater than twenty-five miles per hour, in
addition to the display of a speed identification symbol, may be
equipped with a red flashing light that shall be visible from a
distance of not less than one thousand feet to the rear at all
times specified in section 4513.03 of the Revised Code. When a
double-faced light is used, it shall display amber light to the
front and red light to the rear.
In addition to the lights described in this division, farm
machinery and motor vehicles escorting farm machinery may display
a flashing, oscillating, or rotating amber light, as permitted by
section 4513.17 of the Revised Code, and also may display
simultaneously flashing turn signals or warning lights, as
permitted by that section.
(F) Every animal-drawn vehicle upon a street or highway shall
at all times be equipped in one of the following ways:
(1) With a slow-moving vehicle emblem complying with division
(B) of this section;
(2) With alternate reflective material complying with rules
adopted under this division;
(3) With both a slow-moving vehicle emblem and alternate
reflective material as specified in this division.
The director of public safety, subject to Chapter 119. of the
Revised Code, shall adopt rules establishing standards and
specifications for the position of mounting of the alternate
reflective material authorized by this division. The rules shall
permit, as a minimum, the alternate reflective material to be
black, gray, or silver in color. The alternate reflective material
shall be mounted on the animal-drawn vehicle so as to be visible,
at all times specified in section 4513.03 of the Revised Code,
from a distance of not less than five hundred feet to the rear
when illuminated by the lawful lower beams of headlamps.
(G) Every unit of farm machinery that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour shall display a slow-moving vehicle emblem and a speed
identification symbol that meets the specifications contained in
the American society of agricultural engineers standard ANSI/ASAE
S584 JAN2005, agricultural equipment: speed identification symbol
(SIS) when the unit is operated upon a street or highway,
irrespective of the speed at which the unit is operated on the
street or highway. The speed identification symbol shall indicate
the maximum speed in miles per hour at which the unit of farm
machinery is designed by its manufacturer to operate. The display
of the speed identification symbol shall be in accordance with the
standard prescribed in this division.
If an agricultural tractor that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour is being operated on a street or highway at a speed
greater than twenty-five miles per hour and is towing, pulling, or
otherwise drawing a unit of farm machinery, the unit of farm
machinery shall display a slow-moving vehicle emblem and a speed
identification symbol that is the same as the speed identification
symbol that is displayed on the agricultural tractor.
(H) When an agricultural tractor that is designed by its
manufacturer to operate at a speed greater than twenty-five miles
per hour is being operated on a street or highway at a speed
greater than twenty-five miles per hour, the operator shall
possess some documentation published or provided by the
manufacturer indicating the maximum speed in miles per hour at
which the manufacturer designed the agricultural tractor to
operate.
(I) Whoever violates this section is guilty of a minor
misdemeanor.
(J) As used in this section, "boat trailer" means any 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 no more than ten
miles and at a speed of twenty-five miles per hour or less.
Sec. 5577.044. (A) Notwithstanding sections 5577.02 and
5577.04 of the Revised Code, a vehicle fueled solely by compressed
natural gas or solely by liquid natural gas may exceed by not more
than two thousand pounds the gross vehicle weight provisions of
sections 5577.01 to 5577.09 of the Revised Code or the axle load
limits of those sections.
(B) If a vehicle described in division (A) of this section
exceeds the weight provisions of sections 5577.01 to 5577.09 of
the Revised Code by more than the allowance provided for in
division (A) of this section, both of the following apply:
(1) The applicable penalty prescribed in section 5577.99 of
the Revised Code;
(2) The civil liability imposed by section 5577.12 of the
Revised Code.
(C) Division (A) of this section does not apply to the
operation of a vehicle on either of the following:
(1) A highway that is part of the interstate system;
(2) A highway, road, or bridge that is subject to reduced
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,
5577.09, or 5591.42 of the Revised Code.
Sec. 5735.01. As used in this chapter:
(A) "Motor vehicles" includes all vehicles, vessels,
watercraft, engines, machines, or mechanical contrivances which
are powered by internal combustion engines or motors.
(B) "Motor fuel" means compressed natural gas and any liquid
motor fuel, including, but not limited to, gasoline, diesel fuel,
K-1 kerosene, or any other liquid motor fuel, including, but not
limited to, liquid petroleum gas, or liquid natural gas, but
excluding substances prepackaged and sold in containers of five
gallons or less.
(C) "K-1 Kerosene kerosene" means fuel that conforms to the
chemical and physical standards for kerosene no. 1-K as set forth
in the
american American society for testing and materials (ASTM)
designated D-3699 "standard for specification for kerosene," as
that standard may be modified from time to time. For purposes of
inspection and testing, laboratory analysis shall be conducted
using methods recognized by the ASTM designation D-3699.
(D) "Diesel fuel" means any liquid fuel capable of use in
discrete form or as a blend component in the operation of engines
of the diesel type, including transmix when mixed with diesel
fuel.
(E) "Gasoline" means any of the following:
(1) All products, commonly or commercially known or sold as
gasoline;
(2) Any blend stocks or additives, including alcohol, that
are sold for blending with gasoline, other than products typically
sold in containers of five gallons or less;
(3) Transmix when mixed with gasoline, unless certified, as
required by the tax commissioner, for withdrawal from terminals
for reprocessing at refineries;
(4) Alcohol that is offered for sale or sold for use as, or
commonly and commercially used as, a fuel for internal combustion
engines.
Gasoline does not include diesel fuel, commercial or
industrial napthas or solvents manufactured, imported, received,
stored, distributed, sold, or used exclusively for purposes other
than as a motor fuel for a motor vehicle or vessel. The blending
of any of the products listed in the preceding sentence,
regardless of name or characteristics, is conclusively presumed to
have been done to produce gasoline, unless the product obtained by
the blending is entirely incapable for use as fuel to operate a
motor vehicle. An additive, blend stock, or alcohol is presumed to
be sold for blending unless a certification is obtained as
required by the tax commissioner.
(F) "Public highways" means lands and lots over which the
public, either as user or owner, generally has a right to pass,
even though the same are closed temporarily by the authorities for
the purpose of construction, reconstruction, maintenance, or
repair.
(G) "Waters within the boundaries of this state" means all
streams, lakes, ponds, marshes, water courses, and all other
bodies of surface water, natural or artificial, which are situated
wholly or partially within this state or within its jurisdiction,
except private impounded bodies of water.
(H) "Person" includes individuals, partnerships, firms,
associations, corporations, receivers, trustees in bankruptcy,
estates, joint-stock companies, joint ventures, the state and its
political subdivisions, and any combination of persons of any
form.
(I)(1) "Motor fuel dealer" means any person who satisfies any
of the following:
(a) The person imports from another state or foreign country
or acquires motor fuel by any means into a terminal in this state;
(b) The person imports motor fuel from another state or
foreign country in bulk lot vehicles for subsequent sale and
distribution in this state from bulk lot vehicles;
(c) The person refines motor fuel in this state;
(d) The person acquires motor fuel from a motor fuel dealer
for subsequent sale and distribution by that person in this state
from bulk lot vehicles;
(e) The person possesses an unrevoked permissive motor fuel
dealer's license.
(2) Any person who obtains dyed diesel fuel for use other
than the operation of motor vehicles upon the public highways or
upon waters within the boundaries of this state, but later uses
that motor fuel for the operation of motor vehicles upon the
public highways or upon waters within the boundaries of this
state, is deemed a motor fuel dealer as regards any unpaid motor
fuel taxes levied on the motor fuel so used.
(J) As used in sections 5735.05, 5735.25, 5735.29, and
5735.30 of the Revised Code only:
(1) With respect to gasoline, "received" or "receipt" shall
be construed as follows:
(a) Gasoline produced at a refinery in this state or
delivered to a terminal in this state is deemed received when it
is disbursed through a loading rack at that refinery or terminal;
(b) Except as provided in division (J)(1)(a) of this section,
gasoline imported into this state or purchased or otherwise
acquired in this state by any person is deemed received within
this state by that person when the gasoline is withdrawn from the
container in which it was transported;
(c) Gasoline delivered or disbursed by any means from a
terminal directly to another terminal is not deemed received.
(2) With respect to motor fuel other than gasoline,
"received" or "receipt" means distributed or sold for use or used
to generate power for the operation of motor vehicles upon the
public highways or upon waters within the boundaries of this
state. All diesel fuel that is not dyed diesel fuel, regardless of
its use, shall be considered as used to generate power for the
operation of motor vehicles upon the public highways or upon
waters within the boundaries of this state when the fuel is sold
or distributed to a person other than a licensed motor fuel dealer
or to a person licensed under section 5735.026 of the Revised
Code.
(K) Motor fuel used for the operation of licensed motor
vehicles employed in the maintenance, construction, or repair of
public highways is deemed to be used for the operation of motor
vehicles upon the public highways.
(L) "Licensed motor fuel dealer" means any dealer possessing
an unrevoked motor fuel dealer's license issued by the tax
commissioner as provided in section 5735.02 of the Revised Code.
(M) "Licensed retail dealer" means any retail dealer
possessing an unrevoked retail dealer's license issued by the tax
commissioner as provided in section 5735.022 of the Revised Code.
(N) "Cents per gallon rate" means the amount computed by the
tax commissioner under section 5735.011 of the Revised Code that
is used to determine that portion of the tax levied by section
5735.05 of the Revised Code that is computed in the manner
prescribed by division (B)(2) of section 5735.06 of the Revised
Code and that is applicable for the period that begins on the
first day of July following the date on which the commissioner
makes the computation.
(O) "Retail dealer" means any person that sells or
distributes motor fuel at a retail service station located in this
state.
(P) "Retail service station" means a location from which
motor fuel is sold to the general public and is dispensed or
pumped directly into motor vehicle fuel tanks for consumption.
(Q) "Transit bus" means a motor vehicle that is operated for
public transit or paratransit service on a regular and continuing
basis within the state by or for a county, a municipal
corporation, a county transit board pursuant to sections 306.01 to
306.13 of the Revised Code, a regional transit authority pursuant
to sections 306.30 to 306.54 of the Revised Code, or a regional
transit commission pursuant to sections 306.80 to 306.90 of the
Revised Code. Public transit or paratransit service may include
fixed route, demand-responsive, or subscription bus service
transportation, but does not include shared-ride taxi service,
carpools, vanpools, jitney service, school bus transportation, or
charter or sightseeing services.
(R) "Export" means motor fuel delivered outside this state.
Motor fuel delivered outside this state by or for the seller
constitutes an export by the seller. Motor fuel delivered outside
this state by or for the purchaser constitutes an export by the
purchaser.
(S) "Import" means motor fuel delivered into this state from
outside this state. Motor fuel delivered into this state from
outside this state by or for the seller constitutes an import by
the seller. Motor fuel delivered into this state from outside this
state by or for the purchaser constitutes an import by the
purchaser.
(T) "Terminal" means a motor fuel storage or distribution
facility that is supplied by pipeline or marine vessel.
(U) "Consumer" means a buyer of motor fuel for purposes other
than resale in any form.
(V) "Bulk lot vehicle" means railroad tank cars, transport
tank trucks and tank wagons with a capacity of at least 1,400
gallons.
(W) "Licensed permissive motor fuel dealer" means any person
possessing an unrevoked permissive motor fuel dealer's license
issued by the tax commissioner under section 5735.021 of the
Revised Code.
(X) "Licensed terminal operator" means any person possessing
an unrevoked terminal operator's license issued by the tax
commissioner under section 5735.026 of the Revised Code.
(Y) "Licensed exporter" means any person possessing an
unrevoked exporter's license issued by the tax commissioner under
section 5735.026 of the Revised Code.
(Z) "Dyed diesel fuel" means any diesel fuel dyed pursuant to
regulations issued by the internal revenue service or a rule
promulgated by the tax commissioner.
(AA) "Gross gallons" means U.S. gallons without temperature
or barometric adjustments.
(BB) "Net gallons" means U.S. gallons with a temperature
adjustment to sixty degrees fahrenheit.
Sec. 5735.012. Amounts of liquid motor fuel reported under
this chapter shall be measured in gross gallons, except that
amounts reported for terminal to terminal transactions shall be
measured in net gallons and amounts reported for terminal to Ohio
licensed dealer transactions shall be measured in both net gallons
and gross gallons. Amounts of compressed natural gas shall be
measured in gallon equivalents.
Sec. 5735.015. (A) Notwithstanding any other provision of
this chapter, the total combined rate of tax imposed under this
chapter upon the receipt of propane or compressed natural gas
received on or after the first day of the first month after the
effective date of the enactment of this section and before the
first day of the sixty-first month after that effective date shall
be the following:
(1) For propane or compressed natural gas received on or
after the first day of the first month after that effective date
and before the first day of the thirty-seventh month after that
effective date, zero cents per gallon;
(2) For propane or compressed natural gas received on or
after the first day of the thirty-seventh month after that
effective date and before the first day of the forty-ninth month
after that effective date, nine and three-tenths cents per gallon;
(3) For propane or compressed natural gas received on or
after the first day of the forty-ninth month after that effective
date and before the first day of the sixty-first month after that
effective date, eighteen and six-tenths cents per gallon.
(B) All receipts from taxes imposed at the rates described in
divisions (A)(2) and (3) of this section shall be distributed as
follows:
(1) Seventeen twenty-eighths shall be distributed in the same
manner as required for receipts from the tax levied by section
5735.05 of the Revised Code;
(2) Eight twenty-eighths shall be distributed in the same
manner as required for receipts from the tax levied by section
5735.29 of the Revised Code;
(3) Two twenty-eighths shall be distributed in the same
manner as required for receipts from the tax levied by section
5735.25 of the Revised Code;
(4) One twenty-eighth shall be distributed in the same manner
as required for receipts from the tax levied by section 5735.30 of
the Revised Code.
Section 2. That existing sections 3741.14, 4501.06, 4503.10,
4503.103, 4503.11, 4503.191, 4513.02, 4513.11, 5577.044, 5735.01,
and 5735.012 of the Revised Code are hereby repealed.
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