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H. B. No. 71 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Derickson, Duffey, Stebelton, Brenner, O'Brien, Lynch, Damschroder, Ruhl, Huffman, Maag, Anielski, Patmon, Terhar, Wachtmann, Young
A BILL
To amend sections 4503.10, 4503.20, 4509.03,
4509.101, and 4510.04, to enact sections 4509.031
and 4509.032 of the Revised Code, and to repeal
Section 3 of Am. Sub. S.B. 20 of the 120th General
Assembly, as subsequently amended, to require the
Registrar of Motor Vehicles to establish an
electronic motor vehicle insurance verification
system, to require an insurance company to notify
the Registrar upon the cancellation or lapse of a
motor vehicle liability insurance policy, to
eliminate the financial responsibility random
verification program of the Bureau of Motor
Vehicles, and to make other changes in the
procedures for verifying proof of financial
responsibility regarding a motor vehicle.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.10, 4503.20, 4509.03, 4509.101,
and 4510.04 be amended and sections 4509.031 and 4509.032 of the
Revised Code be enacted to read as follows:
Sec. 4503.10. (A) The owner of every snowmobile, off-highway
motorcycle, and all-purpose vehicle required to be registered
under section 4519.02 of the Revised Code shall file an
application for registration 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 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 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 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) The name and residence address of the owner, and the
township and municipal corporation in which the owner resides;
(3) The district of registration, which shall be determined
as follows:
(a) 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) 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) Whether the motor vehicle is a new or used motor vehicle;
(5) The date of purchase of the motor vehicle;
(6) 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) 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.
(B) 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 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 application shall be refused if
any of the following applies:
(1) The application is not in proper form.
(2) 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) 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) 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) 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.
(6) The registrar or deputy registrar was unable to verify a
current, valid motor-vehicle liability policy or other proof of
financial responsibility under section 4503.20 of the Revised
Code.
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 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 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.
(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. 4503.20. (A) As used in this section:
(1) "Dealer engaged in the business of leasing motor
vehicles" means any person engaged in the business of regularly
making available, offering to make available, or arranging for
another person to use a motor vehicle pursuant to a bailment,
lease, or other contractual arrangement.
(2) "Motor vehicle," has "motor-vehicle liability policy,"
and "proof of financial responsibility" have the meaning meanings
set forth in section 4509.01 of the Revised Code.
(B) An application for the registration or registration
renewal of a motor vehicle shall contain a statement, to be signed
by the applicant either manually or by electronic signature, that
does all of the following:
(1) States that the applicant maintains, or has maintained on
the applicant's behalf, proof of financial responsibility at the
time of application, and will not operate a motor vehicle in this
state, unless the applicant maintains, with respect to that motor
vehicle or the operation of such vehicle, proof of financial
responsibility;
(2) Contains a brief summary of the purposes and operation of
section 4509.101 of the Revised Code, the rights and duties of the
applicant under that section, and the penalties for violation of
that section;
(3) Notifies the applicant that the application will be
refused if, on and after July 1, 2014, the registrar or deputy
registrar is unable to verify a current, valid motor-vehicle
liability policy or other proof of financial responsibility;
(4) Warns the applicant that the financial responsibility law
does not prevent the possibility that the applicant may be
involved in an accident with an owner or operator of a motor
vehicle who is without proof of financial responsibility.
(C)(1) A person who purchases any motor vehicle from a
licensed motor vehicle dealer who agrees to make application for
registration of the motor vehicle on behalf of the purchaser shall
sign statements that comply with divisions (B) and (F) of this
section. The dealer shall submit the statements to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person.
(2) In the case of a person who leases any motor vehicle from
a dealer engaged in the business of leasing motor vehicles who
agrees to make application for registration of the motor vehicle
on behalf of the lessee, the person shall sign a statement that
complies with division (B) of this section, and the dealer shall
do either of the following:
(a) Submit the statement signed by the person to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person;
(b) Sign and submit a statement to the deputy registrar that
certifies that a statement has been signed and filed with the
dealer or incorporated into the lease.
The dealer shall submit to the registrar or deputy registrar
to whom the dealer submits the application for registration a
statement signed by the person that complies with division (F) of
this section.
(D) The registrar of motor vehicles shall prescribe the form
of the statements required under divisions (B), (C), and (F) of
this section, and the manner or manners in which the statements
required under divisions (B) and (F) of this section shall be
presented to the applicant. Any statement that is required under
divisions (B), (C), and (F) of this section shall be designed to
enable the applicant to retain a copy of it.
(E) Nothing within this section shall be construed to excuse
a violation of section 4509.101 of the Revised Code. A motor
vehicle dealer who makes application for the registration of a
motor vehicle on behalf of the purchaser or lessee of the motor
vehicle is not liable in damages in any civil action on account of
the act of making such application for registration or the content
of any such application for registration.
(F) In addition to the statements required by divisions (B)
and (C) of this section, a person who makes application for
registration or registration renewal of a motor vehicle shall be
furnished with a form that lists in plain language all the
possible penalties to which a person could be subject for a
violation of the financial responsibility law, including driver's
license suspensions; all fees, including nonvoluntary compliance
and reinstatement fees; and vehicle immobilization or impoundment.
The person shall read the form and either manually or by
electronic signature sign the form, which shall be submitted along
with the application for registration or registration renewal as
provided in this section. The form shall be retained by the
registrar or deputy registrar who issues the motor vehicle
registration or the registrar's or deputy registrar's successor
for a period of two years from the date of issuance of the
registration.
(G)(1) On and after July 1, 2014, upon receipt of an
application for registration or registration renewal, the
registrar or deputy registrar shall access the electronic motor
vehicle insurance verification system established under section
4509.03 of the Revised Code to verify compliance with the proof of
financial responsibility requirements of section 4509.101 of the
Revised Code. An applicant who maintains proof of financial
responsibility that is not a motor-vehicle liability policy but
that is otherwise acceptable under Chapter 4509. of the Revised
Code shall provide the registrar or deputy registrar with
documents or a copy of the documents authorized under division (G)
of section 4509.101 of the Revised Code. If the registrar or
deputy registrar is unable to verify current, valid proof of
financial responsibility with respect to the applicant, the
registrar or deputy registrar shall refuse the application for
registration or registration renewal.
(2) Upon the registration of a motor vehicle, the owner of
the motor vehicle is deemed to have agreed to the production of
proof of financial responsibility by the owner or the operator of
the motor vehicle, upon the request of a peace officer or state
highway patrol trooper made in accordance with division (E)(D)(2)
of section 4509.101 of the Revised Code.
(H) The registrar shall adopt rules governing the renewal of
motor vehicle registrations by electronic means and the completion
and submission of statements that comply with divisions (B) and
(F) of this section. The registrar shall adopt the rules
prescribed by this division in accordance with Chapter 119. of the
Revised Code.
Sec. 4509.03. (A) The registrar of motor vehicles shall
administer and enforce sections 4509.01 to 4509.78 of the Revised
Code. He The registrar may make rules necessary for such
administration and shall provide for hearings upon request of
persons aggrieved by his the registrar's orders or acts in
accordance with sections 119.01 to 119.13 of the Revised Code
except as otherwise provided under section 4509.101 or any other
section of the Revised Code.
(B) The registrar, with the approval of the director of
public safety, shall provide suitable forms for the purposes of
sections 4509.01 to 4509.78 of of the Revised Code.
(C)(1) The registrar, with the approval of the director of
public safety, shall adopt rules in accordance with Chapter 119.
of the Revised Code to establish an electronic motor vehicle
insurance verification system to verify compliance with the proof
of financial responsibility requirements of this chapter when
maintained through a motor-vehicle liability policy. The rules
shall require the system to:
(a) Receive information from insurers under section 4509.031
of the Revised Code to verify current, valid motor-vehicle
liability policy proof of financial responsibility and identify
motor vehicles that are not covered by such a policy;
(b) Include appropriate provisions to secure the system's
data against unauthorized access;
(c) Be accessible, without fee, to authorized personnel of
the bureau of motor vehicles, deputy registrars, the courts, and
peace officers;
(d) Be available twenty-four hours a day, seven days a week
to verify the insurance status of motor vehicles operated in this
state, subject to reasonable allowances for scheduled maintenance
or temporary system failures;
(2) The system shall be installed and operational not later
than July 1, 2014, following an appropriate testing period.
(3) Information in the system shall be available to the
department of public safety for all purposes authorized by law.
(4) The registrar may contract with a private vendor to
establish and maintain the system. The registrar may use any
existing, secure network available to peace officers to exchange
information for the purposes of division (D)(2) of section
4509.101 of the Revised Code.
(5) Each insurer that delivers, issues for delivery, or
renews in this state motor-vehicle liability policies that provide
proof of financial responsibility under section 4509.101 of the
Revised Code shall cooperate with the registrar in establishing
and maintaining the system. In addition, each such insurer shall
provide information necessary to verify current, valid proof of
financial responsibility for any person to whom it issues or has
issued a motor-vehicle liability policy in accordance with section
4509.031 of the Revised Code.
Sec. 4509.031. (A) Each insurer that delivers, issues for
delivery, or renews in this state motor-vehicle liability policies
that provide proof of financial responsibility under section
4509.101 of the Revised Code shall furnish the bureau of motor
vehicles with the following information:
(1) The names and addresses, as shown in its records, of both
of the following:
(a) All persons to whom it issues such policies;
(b) All persons who cancel such policies of the insurer or
allow such policies to lapse through failure to pay the premium
due.
(2) For each person identified under division (A)(1) of this
section, a brief description of each motor vehicle that is covered
by the motor-vehicle liability policy, including the year, make,
model, and vehicle identification number.
(B) Each insurer shall furnish the bureau with the
information described in division (A) of this section not later
than five business days after the date of issuance of the
motor-vehicle liability policy or the date of cancellation or
lapsing of the policy, as the case may be.
(C) The registrar of motor vehicles shall promptly enter the
information described under division (A) of this section into the
electronic motor vehicle insurance verification system created
under section 4509.03 of the Revised Code. The registrar may
require such information to be sent to the bureau via electronic
means.
Sec. 4509.032. (A) The bureau of motor vehicles shall
monitor the electronic motor vehicle insurance verification system
created under section 4509.03 of the Revised Code. If, through
monitoring, the bureau determines that a person has not maintained
the person's motor-vehicle liability policy that provides proof of
financial responsibility, the registrar shall do the following:
(1) Notify the person that the electronic motor vehicle
insurance verification system indicates the person does not have a
current, valid motor-vehicle liability policy for proof of
insurance and that the person must present the registrar with
proof of financial responsibility in accordance with division (G)
of section 4509.101 of the Revised Code. Notification shall be in
writing and shall be sent to the person at the person's last known
address as shown on the records of the bureau of motor vehicles.
The person, within twenty-one days after the date of the mailing
of notification, shall do one of the following:
(a) Demonstrate that the person currently has a valid
motor-vehicle liability policy or other proof of financial
responsibility as required by this chapter;
(b) Surrender the certificate of registration, license
plates, and license to the registrar in a manner set forth in
division (A)(4) of section 4509.101 of the Revised Code; or
(c) Submit a statement subject to section 2921.13 of the
Revised Code that the person did not operate or permit the
operation of the motor vehicle without maintaining proof of
financial responsibility as required under this chapter, together
with other information the person considers appropriate.
(2) If, within twenty-one days of the mailing of the notice
under division (A)(1) of this section, the person does not take
any action described in divisions (A)(1)(a) to (c) of this
section, the registrar shall send a second notice to the person
advising the person that the person is in violation of division
(A) of section 4509.101 of the Revised Code and that the registrar
shall order the suspension of the person's driver's license in
accordance with division (A)(2)(a), (b), or (c) of section
4509.101 of the Revised Code and the impoundment of the person's
certificate of registration and license plates in accordance with
division (A)(2)(d) of section 4509.101 of the Revised Code
effective thirty days after the date of the mailing of the second
notification.
(B) If, prior to the end of the thirty-day period described
in division (A)(2) of this section, the person does not take any
action described in divisions (A)(1)(a) to (c) of this section,
the registrar shall order the suspension of the license of the
person in accordance with division (A)(2)(a), (b), or (c) of
section 4509.101 of the Revised Code and the impoundment of the
person's certificate of registration and license plates in
accordance with division (A)(2)(d) of section 4509.101 of the
Revised Code.
(C) Any person adversely affected by the order of the
registrar under this section, within ten days after the issuance
of the order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a
hearing in accordance with division (D)(5)(c) of section 4509.101
of the Revised Code.
(D) Except as provided in division (E) of this section, the
registrar shall not restore a person's operating privileges or
registration rights suspended under this section, or return any
license, certificate of registration, or license plates impounded
under this section, unless the person complies with division
(A)(5) of section 4509.101 of the Revised Code or unless those
rights and privileges are otherwise restored pursuant to this
section and section 4509.101 of the Revised Code.
(E) In accordance with division (L) of section 4509.101 of
the Revised Code, the registrar may terminate any suspension
imposed under this section and not require the owner to comply
with divisions (A)(5)(a), (b), and (c) of section 4509.101 of the
Revised Code.
Sec. 4509.101. (A)(1) No person shall operate, or permit the
operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout the
registration period with respect to that vehicle, or, in the case
of a driver who is not the owner, with respect to that driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall be
subject to the following civil penalties:
(a) Subject to divisions (A)(2)(b) and (c) of this section, a
class (F) suspension of the person's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege for the period of time
specified in division (B)(6) of section 4510.02 of the Revised
Code and impoundment of the person's license.
(b) If, within five years of the violation, the person's
operating privileges are again suspended and the person's license
again is impounded for a violation of division (A)(1) of this
section, a class C suspension of the person's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code. The court may grant limited driving privileges
to the person only if the person presents proof of financial
responsibility and has complied with division (A)(5) of this
section, and no court may grant limited driving privileges for the
first fifteen days of the suspension.
(c) If, within five years of the violation, the person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
for the period of time specified in division (B)(2) of section
4510.02 of the Revised Code. The court may grant limited driving
privileges to the person only if the person presents proof of
financial responsibility and has complied with division (A)(5) of
this section, except that no court may grant limited driving
privileges for the first thirty days of the suspension.
(d) In addition to the suspension of an owner's license under
division (A)(2)(a), (b), or (c) of this section, the suspension of
the rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and license
plates until the owner complies with division (A)(5) of this
section.
(3) A person to whom this state has issued a certificate of
registration for a motor vehicle or a license to operate a motor
vehicle or who is determined to have operated any motor vehicle or
permitted the operation in this state of a motor vehicle owned by
the person shall be required to verify the existence of proof of
financial responsibility covering the operation of the motor
vehicle or the person's operation of the motor vehicle under any
either of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of this
section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and impounds a
license or registration, or both, shall state the date on or
before which the person is required to surrender the person's
license or certificate of registration and license plates. The
person is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the order, if
the person does either of the following:
(a) On or before the date specified in the order, personally
delivers the license or certificate of registration and license
plates, or causes the delivery of the items, to the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a postmark showing a date no later than the date specified
in the order.
(5) Except as provided in division (A)(6) or (L) of this
section, the registrar shall not restore any operating privileges
or registration rights suspended under this section, return any
license, certificate of registration, or license plates impounded
under this section, or reissue license plates under section
4503.232 of the Revised Code, if the registrar destroyed the
impounded license plates under that section, or reissue a license
under section 4510.52 of the Revised Code, if the registrar
destroyed the suspended license under that section, unless the
rights are not subject to suspension or revocation under any other
law and unless the person, in addition to complying with all other
conditions required by law for reinstatement of the operating
privileges or registration rights, complies with all of the
following:
(a) Pays to the registrar or an eligible deputy registrar a
financial responsibility reinstatement fee of one hundred dollars
for the first violation of division (A)(1) of this section, three
hundred dollars for a second violation of that division, and six
hundred dollars for a third or subsequent violation of that
division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order, pays to the registrar or an eligible deputy registrar a
financial responsibility nonvoluntary compliance fee in an amount,
not to exceed fifty dollars, determined by the registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code;
(d) Pays a deputy registrar a service fee of ten dollars to
compensate the deputy registrar for services performed under this
section. The deputy registrar shall retain eight dollars of the
service fee and shall transmit the reinstatement fee, any
nonvoluntary compliance fee, and two dollars of the service fee to
the registrar in the manner the registrar shall determine.
(6) If the registrar issues an order under division (A)(2) of
this section resulting from the failure of a person to respond to
a financial responsibility random verification request under
division (A)(3)(c) of this section and the person successfully
maintains an affirmative defense to a violation of section 4510.16
of the Revised Code or is determined by the registrar or a deputy
registrar to have been in compliance with division (A)(1) of this
section at the time of the initial financial responsibility random
verification request, the registrar shall do both of the
following:
(a) Terminate the order of suspension or impoundment;
(b) Restore the operating privileges and registration rights
of the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and without a requirement to
file proof of financial responsibility.
(B)(1) Every party required to file an accident report under
section 4509.06 of the Revised Code also shall include with the
report a document described in division (G)(1) of this section.
If the registrar determines, within forty-five days after the
report is filed, that an operator or owner has violated division
(A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor vehicle
involved, required under division (A)(2)(d) of this section, of
the certificate of registration and license plates of any owner
who has violated division (A)(1) of this section;
(b) Order the suspension required under division (A)(2)(a),
(b), or (c) of this section of the license of any operator or
owner who has violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been impounded
or are under an order of impoundment, or whose license has been
suspended or is under an order of suspension; the serial number of
the person's license; the serial numbers of the person's
certificate of registration and license plates; and the person's
social security account number, if assigned, or, where the motor
vehicle is used for hire or principally in connection with any
established business, the person's federal taxpayer identification
number. The information shall be recorded in such a manner that it
becomes a part of the person's permanent record, and assists the
registrar in monitoring compliance with the orders of suspension
or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on the
records of the bureau. The person, within ten days after the date
of the mailing of the notification, shall surrender to the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division (B)(1)
of this section without a hearing. Any person adversely affected
by the order, within ten days after the issuance of the order, may
request an administrative hearing before the registrar, who shall
provide the person with an opportunity for a hearing in accordance
with this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether the person in fact demonstrated to the registrar proof
of financial responsibility in accordance with this section. The
registrar shall determine the date, time, and place of any
hearing, provided that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person in
writing, the registrar may designate as the place of hearing the
county seat of the county in which the person resides or a place
within fifty miles of the person's residence. The person shall pay
the cost of the hearing before the registrar, if the registrar's
order of suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under this
section or division (B) of section 4509.37 of the Revised Code may
be terminated at any time if the registrar determines upon a
showing of proof of financial responsibility that the operator or
owner of the motor vehicle was in compliance with division (A)(1)
of this section at the time of the traffic offense, motor vehicle
inspection, or accident that resulted in the order against the
person. A determination may be made without a hearing. This
division does not apply unless the person shows good cause for the
person's failure to present satisfactory proof of financial
responsibility to the registrar prior to the issuance of the
order.
(D)(1)(a) For the purpose of enforcing this section, every
peace officer is deemed an agent of the registrar.
(a) Except as provided in division (D)(1)(b) of this section,
any (b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license is under an order of suspension, or whose
certificate of registration and license plates are under an order
of impoundment, pursuant to this section, may confiscate the
license, certificate of registration, and license plates, and
return them to the registrar.
(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license is under an order of suspension, or whose
certificate of registration and license plates are under an order
of impoundment resulting from failure to respond to a financial
responsibility random verification, shall not, for that reason,
arrest the owner or operator or seize the vehicle or license
plates. Instead, the peace officer shall issue a citation for a
violation of section 4510.16 of the Revised Code specifying the
circumstances as failure to respond to a financial responsibility
random verification.
(2) A peace officer shall request the owner or operator of a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code. A peace officer may access an
electronic motor vehicle insurance verification system available
in accordance with section 4509.03 of the Revised Code to verify
compliance with the proof of financial responsibility requirements
of this section. For a motor-vehicle liability policy, the
response received from the system supersedes any motor-vehicle
liability policy proof of financial responsibility produced by a
motor vehicle owner or operator. If the electronic verification
system indicates that the person does not have a current, valid
motor-vehicle liability policy and the person does not provide
other valid proof of financial responsibility, the peace officer
shall proceed in the same manner as if the person was unable to
produce proof of financial responsibility.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section. The peace
officer shall inform every person who receives a traffic ticket
and who has failed to produce proof of the maintenance of
financial responsibility that the person must submit proof to the
traffic violations bureau with any payment of a fine and costs for
the ticketed violation or, if the person is to appear in court for
the violation, the person must submit proof to the court.
(4)(a) If a person who has failed to produce proof of the
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present
evidence of proof of financial responsibility to the court at such
time and in such manner as the court determines to be necessary or
appropriate. In a manner prescribed by the registrar, the clerk of
courts shall provide the registrar with the identity of any person
who fails to submit proof of the maintenance of financial
responsibility pursuant to division (D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the traffic violations bureau with payment of a fine and
costs for the ticketed violation, the traffic violations bureau,
in a manner prescribed by the registrar, shall notify the
registrar of the identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or
traffic violations bureau pursuant to division (D)(4) of this
section, the registrar shall order the suspension of the license
of the person required under division (A)(2)(a), (b), or (c) of
this section and the impoundment of the person's certificate of
registration and license plates required under division (A)(2)(d)
of this section, effective thirty days after the date of the
mailing of notification. The registrar also shall notify the
person that the person must present the registrar with proof of
financial responsibility in accordance with this section,
surrender to the registrar the person's certificate of
registration, license plates, and license, or submit a statement
subject to section 2921.13 of the Revised Code that the person did
not operate or permit the operation of the motor vehicle at the
time of the offense. Notification shall be in writing and shall be
sent to the person at the person's last known address as shown on
the records of the bureau of motor vehicles. The person, within
fifteen days after the date of the mailing of notification, shall
present proof of financial responsibility, surrender the
certificate of registration, license plates, and license to the
registrar in a manner set forth in division (A)(4) of this
section, or submit the statement required under this section
together with other information the person considers appropriate.
If the registrar does not receive proof or the person does
not surrender the certificate of registration, license plates, and
license, in accordance with this division, the registrar shall
permit the order for the suspension of the license of the person
and the impoundment of the person's certificate of registration
and license plates to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required under division (A)(2)(d) of this section and shall
send written notification to the person, at the person's last
known address as shown on the records of the bureau.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section, within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide the
person with an opportunity for a hearing in accordance with this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether, at the time of the hearing, the person presents proof
of financial responsibility covering the vehicle and whether the
person is eligible for an exemption in accordance with this
section or any rule adopted under it. The registrar shall
determine the date, time, and place of any hearing; provided, that
the hearing shall be held, and an order issued or findings made,
within thirty days after the registrar receives a request for a
hearing. If requested by the person in writing, the registrar may
designate as the place of hearing the county seat of the county in
which the person resides or a place within fifty miles of the
person's residence. Such person shall pay the cost of the hearing
before the registrar, if the registrar's order of suspension or
impoundment under division (D)(5)(a) or (b) of this section is
upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of section 4510.16 of the Revised
Code when the owner or operator fails to show proof of the
maintenance of financial responsibility pursuant to a peace
officer's request under division (D)(2) of this section, if a
check of the owner or operator's driving record indicates that the
owner or operator, at the time of the operation of the motor
vehicle, is required to file and maintain proof of financial
responsibility under section 4509.45 of the Revised Code for a
previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action for
damages or loss to persons arising out of the performance of any
duty required or authorized by this section.
(9) As used in this division and divisions (E) and (G) of
this section, "peace officer" has the meaning set forth in section
2935.01 of the Revised Code.
(E) All fees, except court costs, fees paid to a deputy
registrar, and those portions of the financial responsibility
reinstatement fees as otherwise specified in this division,
collected under this section shall be paid into the state treasury
to the credit of the financial responsibility compliance fund. The
financial responsibility compliance fund shall be used exclusively
to cover costs incurred by the bureau in the administration of
this section and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, and by any law enforcement agency employing any
peace officer who returns any license, certificate of
registration, and license plates to the registrar pursuant to
division (C) of this section, except that the director of budget
and management may transfer excess money from the financial
responsibility compliance fund to the state bureau of motor
vehicles fund if the registrar determines that the amount of money
in the financial responsibility compliance fund exceeds the amount
required to cover such costs incurred by the bureau or a law
enforcement agency and requests the director to make the transfer.
Of each financial responsibility reinstatement fee the
registrar collects pursuant to division (A)(5)(a) of this section
or receives from a deputy registrar under division (A)(5)(d) of
this section, the registrar shall deposit twenty-five dollars of
each one-hundred-dollar reinstatement fee, fifty dollars of each
three-hundred-dollar reinstatement fee, and one hundred dollars of
each six-hundred-dollar reinstatement fee into the state treasury
to the credit of the indigent defense support fund created by
section 120.08 of the Revised Code.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this section
only to the extent that any provision in that chapter is not
clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations bureau, or
peace officer may require proof of financial responsibility to be
demonstrated by use of a standard form prescribed by the
registrar. If the use of a standard form is not required, a person
may demonstrate proof of financial responsibility under this
section by presenting to the traffic violations bureau, court,
registrar, or peace officer any of the following documents or a
copy of the documents:
(a) A financial responsibility identification card as
provided in section 4509.103 of the Revised Code;
(b) A certificate of proof of financial responsibility on a
form provided and approved by the registrar for the filing of an
accident report required to be filed under section 4509.06 of the
Revised Code;
(c) A policy of liability insurance, a declaration page of a
policy of liability insurance, or liability bond, if the policy or
bond complies with section 4509.20 or sections 4509.49 to 4509.61
of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate commerce
commission or by the public utilities commission may demonstrate
proof of financial responsibility by providing a statement
designating the motor carrier's operating authority and averring
that the insurance coverage required by the certificating
authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of any
liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division (G)(1)(b)
of this section to be used for the demonstration of proof of
financial responsibility under this section, the document shall
state the name of the insured or obligor, the name of the insurer
or surety company, and the effective and expiration dates of the
financial responsibility, and designate by explicit description or
by appropriate reference all motor vehicles covered which may
include a reference to fleet insurance coverage.
(I) For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be construed to prohibit a motor vehicle renting dealer from
entering into a contractual agreement with a person whereby the
person renting the motor vehicle agrees to be solely responsible
for maintaining proof of financial responsibility, in accordance
with this section, with respect to the operation, maintenance, or
use of the motor vehicle during the period of the motor vehicle's
rental.
(J) The purpose of this section is to require the maintenance
of proof of financial responsibility with respect to the operation
of motor vehicles on the highways of this state, so as to minimize
those situations in which persons are not compensated for injuries
and damages sustained in motor vehicle accidents. The general
assembly finds that this section contains reasonable civil
penalties and procedures for achieving this purpose.
(K) Nothing in this section shall be construed to be subject
to section 4509.78 of the Revised Code.
(L)(1) The registrar may terminate any suspension imposed
under this section and not require the owner to comply with
divisions (A)(5)(a), (b), and (c) of this section if the registrar
with or without a hearing determines that the owner of the vehicle
has established by clear and convincing evidence that all of the
following apply:
(a) The owner customarily maintains proof of financial
responsibility.
(b) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons:
(i) The vehicle was inoperable.
(ii) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.
(iii) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver.
(iv) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter.
(2) The registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(i) or (ii) of this section
whenever the owner or driver is randomly selected to verify the
existence of proof of financial responsibility for such a vehicle.
However, the registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(iii) or (iv) of this
section only if the owner or driver has not previously been
granted relief under division (L)(1)(b)(iii) or (iv) of this
section.
(M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain proof of
financial responsibility and provisions relating to reinstatement
of registration rights, acceptable forms of proof of financial
responsibility, and verification of the existence of financial
responsibility during the period of registration.
Sec. 4510.04. It is an affirmative defense to any
prosecution brought under section 4510.11, 4510.14, 4510.16, or
4510.21 of the Revised Code or under any substantially equivalent
municipal ordinance that the alleged offender drove under
suspension, without a valid permit or driver's or commercial
driver's license, or in violation of a restriction because of a
substantial emergency, and because no other person was reasonably
available to drive in response to the emergency.
It is an affirmative defense to any prosecution brought under
section 4510.16 of the Revised Code that the order of suspension
resulted from the failure of the alleged offender to respond to a
financial responsibility random verification request under
division (A)(3)(c) of section 4509.101 of the Revised Code and
that, at the time of the initial financial responsibility random
verification request, the alleged offender was in compliance with
division (A)(1) of section 4509.101 of the Revised Code as shown
by proof of financial responsibility that was in effect at the
time of that request.
Section 2. That existing sections 4503.10, 4503.20, 4509.03,
4509.101, and 4510.04 of the Revised Code are hereby repealed.
Section 3. That Section 3 of Am. Sub. S.B. 20 of the 120th
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd
General Assembly and Am. Sub. H.B. 163 of the 123rd General
Assembly, is hereby repealed.
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