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Sub. S. B. No. 53 As Reported by the Senate Transportation CommitteeAs Reported by the Senate Transportation Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Smith, Tavares, Schiavoni, Turner, Seitz, LaRose
A BILL
To amend sections 4503.10, 4503.102, 4503.12,
4503.182, 4505.061, 4506.08, 4507.24, 4507.50,
4507.52, 4519.03, 4519.10, 4519.56, and 4519.69 of
the Revised Code to require the Registrar of Motor
Vehicles and all deputy registrars to accept
credit and debit cards for all transactions and to
establish a deputy registrar document security
fee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.10, 4503.102, 4503.12,
4503.182, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, 4519.03,
4519.10, 4519.56, and 4519.69 of the Revised Code be amended 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.
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 is 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 is 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. A deputy
registrar also may charge and retain for each application for
registration and registration renewal notice the deputy registrar
receives a document security fee of five dollars.
(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 plus a document
security fee of five dollars.
(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. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning a motor vehicle that was registered in the person's name
during the preceding registration year shall renew the
registration of the motor vehicle not more than ninety days prior
to the expiration date of the registration either by mail or by
electronic means through the centralized system of registration
established under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail a
renewal notice to the person in whose name the motor vehicle is
registered. The renewal notice shall clearly state that the
registration of the motor vehicle may be renewed by mail or
electronic means through the centralized system of registration or
in person at any office of the registrar or at a deputy
registrar's office and shall be preprinted with information
including, but not limited to, the owner's name and residence
address as shown in the records of the bureau of motor vehicles, a
brief description of the motor vehicle to be registered, notice of
the license taxes and fees due on the motor vehicle, the toll-free
telephone number of the registrar as required under division
(D)(1) of section 4503.031 of the Revised Code, and any additional
information the registrar may require by rule. The renewal notice
shall not include the social security number of either the owner
of the motor vehicle or the person in whose name the motor vehicle
is registered. The renewal notice shall be sent by regular mail to
the owner's last known address as shown in the records of the
bureau of motor vehicles.
(2) If the application for renewal of the registration of a
motor vehicle is prohibited from being accepted by the registrar
or a deputy registrar 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, the registrar is not required to send a renewal
notice to the vehicle owner or vehicle lessee.
(C) The(1) When renewing a registration by mail or electronic
means, the owner of the motor vehicle shall verify the information
contained in the notice, sign it either manually or by electronic
means, and return it, either by mail or electronic means, or the.
The owner also may take it in person to any office of the
registrar or of a deputy registrar, together with. The owner shall
include a financial transaction device number, when permitted
renewing in person or by rule of the registrar electronic means,
or a check, or money order in the amount of the registration
taxes and fees payable on the motor vehicle and. In addition, the
owner shall include a mail fee of
two dollars and seventy-five
cents commencing on July 1, 2001, three dollars and twenty-five
cents commencing on January 1, 2003, and three dollars and fifty
cents
commencing on January 1, 2004, plus postage as indicated on
the notice, if the registration is renewed by mail, and an
inspection certificate for the motor vehicle as provided in
section 3704.14 of the Revised Code. Unless determined under
division (H) of this section, an owner of a motor vehicle may not
renew a registration by mail through use of a financial
transaction device. If the motor vehicle owner chooses to renew
the motor vehicle registration by electronic means, the owner
shall proceed in accordance with the rules the registrar adopts.
(2) In addition to the taxes and fees under division (C)(1)
of this section, the owner of the motor vehicle shall include with
the notice a document security fee of five dollars.
(D) If 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, if 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 prohibits acceptance
of the renewal notice, or if the owner or lessee does not have an
inspection certificate for the motor vehicle as provided in
section 3704.14 of the Revised Code, if that section is
applicable, the license shall be refused, and the registrar or
deputy registrar shall so notify the owner. 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 section 4503.02, 4503.04, 4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised Code.
(E)(1) Failure to receive a renewal notice does not relieve a
motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application manually or by electronic means
and submit the application and pay any applicable license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for registration and the registrar is prohibited 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 from accepting the
application, the registrar shall return the application and the
payment to the owner. If the owner of a motor vehicle submits a
registration renewal application to the registrar by electronic
means and the registrar is prohibited from accepting the
application as provided in this division, the registrar shall
notify the owner of this fact and deny the application and return
the payment or give a credit on the financial transaction device
account of the owner in the manner the registrar prescribes by
rule adopted pursuant to division (A) of this section.
(F) Every deputy registrar shall post in a prominent place at
the deputy's office a notice informing the public of the mail
registration system required by this section and also shall post a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and seventy-five cents fee collected from
July 1, 2001, through December 31, 2002, the three dollars and
twenty-five cents fee collected from January 1, 2003, through
December 31, 2003, and the three dollars and fifty cents fee
collected after January 1, 2004, the five-dollar fee, plus postage
and any financial transaction device surcharge collected by the
registrar for registration by mail, shall be paid to the credit of
the state bureau of motor vehicles fund established by section
4501.25 of the Revised Code.
(H)(1) Pursuant On or before July 1, 2016, and pursuant to
section 113.40 of the Revised Code, the registrar may shall
implement a program permitting payment of motor vehicle
registration taxes and fees, driver's license and commercial
driver's license fees, and any other taxes, fees, penalties, or
charges imposed or levied by the state by means of a financial
transaction device. The registrar, in consultation with the
treasurer of state, shall determine whether to accept payment by a
financial transaction device for transactions mailed to the
bureau. The registrar may shall adopt rules as necessary for this
purpose, but all such rules are subject to any action, policy, or
procedure of the board of deposit or treasurer of state taken or
adopted under section 113.40 of the Revised Code. The bureau is
not required to pay any costs incurred as a result of the
acceptance of payments by means of a financial transaction device
under divisions (H)(1) to (3) of this section.
(2) Commencing In accordance with the program implemented by
the registrar under division (H)(1) of this section and commencing
with deputy registrar contract awards that have a start date of
July 1, 2008 2015, and for all contract awards thereafter, the
registrar shall incorporate in the review process a score for
whether or not a proposer states require that the proposer will
accept payment by means of a financial transaction device,
including credit cards and debit cards, for all department of
public safety transactions conducted at that deputy registrar
location.
A deputy registrar shall not be required to accept payment by
means of a financial transaction device unless the deputy
registrar agreed to do so in the deputy registrar's contract. The
bureau shall not be required to pay any costs incurred by a deputy
registrar who accepts payment by means of a financial transaction
device that result from the deputy registrar accepting payment by
means of a financial transaction device.
(3) A In accordance with division (H)(1) of this section and
rules adopted by the registrar under that division, a county
auditor or clerk of a court of common pleas that is designated a
deputy registrar
may choose to shall accept payment by means of a
financial transaction device, including credit cards and debit
cards, for all department of public safety transactions conducted
at the office of the county auditor or clerk in the county
auditor's or clerk's capacity as deputy registrar. The bureau
shall not be required to pay any costs incurred by a county
auditor who accepts payment by means of a financial transaction
device that result from the county auditor accepting payment by
means of a financial transaction device for any such department of
public safety transaction.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Sec. 4503.12. (A) Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires, and the
original owner immediately shall remove the license plates from
the motor vehicle, except that:
(1) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the incorporation
of a proprietorship or partnership results in the transfer of
ownership of a motor vehicle from the proprietorship or
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration. Upon a proper filing, the
registrar of motor vehicles shall issue an amended certificate of
registration in the name of the new owner.
(2) If the death of the owner of a motor vehicle results in
the transfer of ownership of the motor vehicle to the surviving
spouse of the owner or if a motor vehicle is owned by two persons
under joint ownership with right of survivorship established under
section 2131.12 of the Revised Code and one of those persons dies,
the registration shall be continued upon the filing by the
survivor of an application for an amended certificate of
registration. In relation to a motor vehicle that is owned by two
persons under joint ownership with right of survivorship
established under section 2131.12 of the Revised Code, the
application shall be accompanied by a copy of the certificate of
title that specifies that the vehicle is owned under joint
ownership with right of survivorship. Upon a proper filing, the
registrar shall issue an amended certificate of registration in
the name of the survivor.
(3) If the death of the owner of a motor vehicle results in
the transfer of ownership of the motor vehicle to a
transfer-on-death beneficiary or beneficiaries designated under
section 2131.13 of the Revised Code, the registration shall be
continued upon the filing by the transfer-on-death beneficiary or
beneficiaries of an application for an amended certificate of
registration. The application shall be accompanied by a copy of
the certificate of title that specifies that the owner of the
motor vehicle has designated the motor vehicle in beneficiary form
under section 2131.13 of the Revised Code. Upon a proper filing,
the registrar shall issue an amended certificate of registration
in the name of the transfer-on-death beneficiary or beneficiaries.
(4) If the original owner of a motor vehicle that has been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the registration
period for which the transferred motor vehicle was registered, the
owner may file an application for transfer of the registration
and, where applicable, the license plates. The transfer of the
registration and, where applicable, the license plates from the
motor vehicle for which they originally were issued to a
succeeding motor vehicle purchased by the same person in whose
name the original registration and license plates were issued
shall be done within a period not to exceed thirty days. During
that thirty-day period, the license plates from the motor vehicle
for which they originally were issued may be displayed on the
succeeding motor vehicle, and the succeeding motor vehicle may be
operated on the public roads and highways in this state.
At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In computing
the amount of tax due and credits to be allowed under this
division, the provisions of division (B)(1)(a) and (b) of section
4503.11 of the Revised Code shall apply. As to passenger cars,
noncommercial vehicles, motor homes, and motorcycles, transfers
within or between these classes of motor vehicles only shall be
allowed. If the succeeding motor vehicle is of a different class
than the motor vehicle for which the registration originally was
issued, new license plates also shall be issued upon the surrender
of the license plates originally issued and payment of the fees
provided in divisions (C) and (D) of section 4503.10 of the
Revised Code.
(5) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring
ownership of the first commercial car. At any time during the
remainder of the registration period for which the first
commercial car was registered, the owner may file an application
for the transfer of the registration and, where applicable, the
license plates, accompanied by the certificate of registration of
the first commercial car. The amount of any tax due or credit to
be allowed for a transfer of registration under this division
shall be computed in accordance with division (A)(4) of this
section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this state until after the transfer of registration is
completed in accordance with this division.
(6) Upon application to the registrar or a deputy registrar,
a person who owns or leases a motor vehicle may transfer special
license plates assigned to that vehicle to any other vehicle that
the person owns or leases or that is owned or leased by the
person's spouse. As appropriate, the application also shall be
accompanied by a power of attorney for the registration of a
leased vehicle and a written statement releasing the special
plates to the applicant. Upon a proper filing, the registrar or
deputy registrar shall assign the special license plates to the
motor vehicle owned or leased by the applicant and issue a new
certificate of registration for that motor vehicle.
(7) If a corporation transfers the ownership of a motor
vehicle to an affiliated corporation, the affiliated corporation
may apply to the registrar for the transfer of the registration
and any license plates. The registrar may require the applicant to
submit documentation of the corporate relationship and shall
determine whether the application for registration transfer is
made in good faith and not for the purposes of circumventing the
provisions of this chapter. Upon a proper filing, the registrar
shall issue an amended certificate of registration in the name of
the new owner.
(B) An application under division (A) of this section shall
be accompanied by a service fee of two dollars and seventy-five
cents commencing on July 1, 2001, three dollars and twenty-five
cents commencing on January 1, 2003, and three dollars and fifty
cents commencing on January 1, 2004, a transfer fee of one dollar,
and the original certificate of registration, if applicable. The
application also shall be accompanied by a document security fee
of five dollars.
(C) Neither the registrar nor a deputy registrar shall
transfer a registration under division (A) of this section if the
registration is prohibited by division (D) of section 2935.27,
division (A) of section 2937.221, division (A) of section 4503.13,
division (D) of section 4503.234, division (B) of section 4510.22,
or division (B)(1) of section 4521.10 of the Revised Code.
(D) Whoever violates division (A) of this section is guilty
of a misdemeanor of the fourth degree.
(E) As used in division (A)(6) of this section, "special
license plates" means either of the following:
(1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code;
(2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4503.182. (A) A purchaser of a motor vehicle, upon
application and proof of purchase of the vehicle, may be issued a
temporary license placard or windshield sticker for the motor
vehicle.
The purchaser of a vehicle applying for a temporary license
placard or windshield sticker under this section shall execute an
affidavit stating that the purchaser has not been issued
previously during the current registration year a license plate
that could legally be transferred to the vehicle.
Placards or windshield stickers shall be issued only for the
applicant's use of the vehicle to enable the applicant to legally
operate the motor vehicle while proper title, license plates, and
a certificate of registration are being obtained, and shall be
displayed on no other motor vehicle.
Placards or windshield stickers issued under this section are
valid for a period of thirty days from date of issuance and are
not transferable or renewable.
The fee for the placards or windshield stickers issued under
this section is two dollars plus a service fee of three dollars
and fifty cents a document security fee of five dollars.
(B)(1) The registrar of motor vehicles may issue to a
motorized bicycle dealer or a licensed motor vehicle dealer
temporary license placards to be issued to purchasers for use on
vehicles sold by the dealer, in accordance with rules prescribed
by the registrar. The dealer shall notify the registrar, within
forty-eight hours, of the issuance of a placard by electronic
means via computer equipment purchased and maintained by the
dealer or in any other manner prescribed by the registrar.
(2) The fee for each placard issued by the registrar to a
dealer is two dollars. The registrar shall charge an additional
three dollars and fifty cents for each placard issued to a dealer
who notifies the registrar of the issuance of the placards in a
manner other than by approved electronic means.
(3) When a dealer issues a temporary license placard to a
purchaser, the dealer shall collect and retain the fees
established under divisions (A) and (D) of this section.
(C) The registrar of motor vehicles, at the registrar's
discretion, may issue a temporary license placard. Such a placard
may be issued in the case of extreme hardship encountered by a
citizen from this state or another state who has attempted to
comply with all registration laws, but for extreme circumstances
is unable to properly register the citizen's vehicle.
(D) In addition to the fees charged under divisions (A) and
(B) of this section, commencing on October 1, 2003, the registrar
and each deputy registrar shall collect a fee of five dollars and
commencing on October 1, 2009, a fee of thirteen dollars, for each
temporary license placard issued. 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. At the time and in the manner
provided by section 4503.10 of the Revised Code, the deputy
registrar shall transmit to the registrar the fees collected under
this section. The registrar shall deposit all moneys received
under this division into the state highway safety fund established
in section 4501.06 of the Revised Code.
(E) The registrar shall adopt rules, in accordance with
division (B) of section 111.15 of the Revised Code, to specify the
procedures for reporting the information from applications for
temporary license placards and windshield stickers and for
providing the information from these applications to law
enforcement agencies.
(F) Temporary license placards issued under this section
shall bear a distinctive combination of seven letters, numerals,
or letters and numerals, and shall incorporate a security feature
that, to the greatest degree possible, prevents tampering with any
of the information that is entered upon a placard when it is
issued.
(G) Whoever violates division (A) of this section is guilty
of a misdemeanor of the fourth degree. Whoever violates division
(B) of this section is guilty of a misdemeanor of the first
degree.
(H) As used in this section, "motorized bicycle dealer" means
any person engaged in the business of selling at retail,
displaying, offering for sale, or dealing in motorized bicycles
who is not subject to section 4503.09 of the Revised Code.
Sec. 4505.061. If the application for a certificate of title
refers to a motor vehicle last previously registered in another
state, the application shall be accompanied by a physical
inspection certificate issued by the department of public safety
verifying the make, body type, model, and manufacturer's vehicle
identification number of the motor vehicle for which the
certificate of title is desired. The physical inspection
certificate shall be in such form as is designated by the
registrar of motor vehicles. The physical inspection of the motor
vehicle shall be made at a deputy registrar's office, or at an
established place of business operated by a licensed motor vehicle
dealer. Additionally, the physical inspection of a salvage vehicle
owned by an insurance company may be made at an established place
of business operated by a salvage motor vehicle dealer licensed
under Chapter 4738. of the Revised Code. The deputy registrar, the
motor vehicle dealer, or the salvage motor vehicle dealer may
charge and retain a maximum fee of
two dollars and seventy-five
cents commencing on July 1, 2001, three dollars and twenty-five
cents commencing on January 1, 2003, and three dollars and fifty
cents commencing on January 1, 2004, for conducting the physical
inspection. A deputy registrar who conducts such an inspection
also may charge and retain a document security fee of five
dollars.
The clerk of the court of common pleas shall charge a fee of
one dollar and fifty cents for the processing of each physical
inspection certificate. The clerk shall retain fifty cents of the
one dollar and fifty cents so charged and shall pay the remaining
one dollar to the registrar by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the
month next succeeding that in which the certificate is received by
the clerk. The registrar shall pay such remaining sums into the
state bureau of motor vehicles fund established by section 4501.25
of the Revised Code.
Sec. 4506.08. (A)(1) Each application for a commercial
driver's license temporary instruction permit shall be accompanied
by a fee of ten dollars. Each application for a commercial
driver's license, restricted commercial driver's license, renewal
of such a license, or waiver for farm-related service industries
shall be accompanied by a fee of twenty-five dollars, except that
an application for a commercial driver's license or restricted
commercial driver's license received pursuant to division (A)(3)
of section 4506.14 of the Revised Code shall be accompanied by a
fee of eighteen dollars and seventy-five cents if the license will
expire on the licensee's birthday three years after the date of
issuance, a fee of twelve dollars and fifty cents if the license
will expire on the licensee's birthday two years after the date of
issuance, and a fee of six dollars and twenty-five cents if the
license will expire on the licensee's birthday one year after the
date of issuance. Each application for a duplicate commercial
driver's license shall be accompanied by a fee of ten dollars.
(2) In addition, the registrar of motor vehicles or deputy
registrar may collect and retain an additional fee of no more than
three dollars and fifty cents for each application for a
commercial driver's license temporary instruction permit,
commercial driver's license, renewal of a commercial driver's
license, or duplicate commercial driver's license received by the
registrar or deputy.
The registrar or deputy registrar also may
charge and retain for each such application received a document
security fee of five dollars.
(B) In addition to the fees imposed under division (A) of
this section, the registrar of motor vehicles or deputy registrar
shall collect a fee of twelve dollars for each application for a
commercial driver's license temporary instruction permit,
commercial driver's license, or duplicate commercial driver's
license and for each application for renewal of a commercial
driver's license. 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.
(C) Each deputy registrar shall transmit the fees collected
under divisions (A)(1) and (B) of this section in the time and
manner prescribed by the registrar. The registrar shall deposit
all moneys collected under division (A)(1) of this section into
the state bureau of motor vehicles fund established in section
4501.25 of the Revised Code. The registrar shall deposit all
moneys collected under division (B) of this section into the state
highway safety fund established in section 4501.06 of the Revised
Code.
(D) Information regarding the driving record of any person
holding a commercial driver's license issued by this state shall
be furnished by the registrar, upon request and payment of a fee
of five dollars, to the employer or prospective employer of such a
person and to any insurer.
Of each five-dollar fee the registrar collects under this
division, the registrar shall pay two dollars into the state
treasury to the credit of the state bureau of motor vehicles fund
established in section 4501.25 of the Revised Code, sixty cents
into the state treasury to the credit of the trauma and emergency
medical services fund established in section 4513.263 of the
Revised Code, sixty cents into the state treasury to the credit of
the homeland security fund established in section 5502.03 of the
Revised Code, thirty cents into the state treasury to the credit
of the investigations fund established in section 5502.131 of the
Revised Code, one dollar and twenty-five cents into the state
treasury to the credit of the emergency management agency service
and reimbursement fund established in section 5502.39 of the
Revised Code, and twenty-five cents into the state treasury to the
credit of the justice program services fund established in section
5502.67 of the Revised Code.
Sec. 4507.24. (A)(1) Except as provided in division (C) of
this section, the registrar of motor vehicles or a deputy
registrar may collect a fee not to exceed the following:
(1) Four dollars and fifty cents commencing on January 1,
2004, and six(a) Six dollars and twenty-five cents commencing on
October 1, 2009, for each application for renewal of a driver's
license received by the deputy registrar, when the applicant is
required to submit to a screening of the applicant's vision under
section 4507.12 of the Revised Code;
(2)(b) Three dollars and fifty cents
commencing on January 1,
2004, for each application for a driver's license, or motorized
bicycle license, or for renewal of such a license, received by the
deputy registrar, when the applicant is not required to submit to
a screening of the applicant's vision under section 4507.12 of the
Revised Code.
(2) The registrar or deputy registrar also may charge and
retain for each application received under division (A)(1)(a) and
(b) of this section a document security fee of five dollars.
(B) The fees prescribed by division (A) of this section shall
be in addition to the fee for a temporary instruction permit and
examination, a driver's license, a motorized bicycle license, or
duplicates thereof. The fees retained by a deputy registrar shall
compensate the deputy registrar for the deputy registrar's
services, for office and rental expense, and for costs as provided
in division (D) of this section, as are necessary for the proper
discharge of the deputy registrar's duties under sections 4507.01
to 4507.39 of the Revised Code.
(C) A disabled veteran who has a service-connected disability
rated at one hundred per cent by the veterans' administration is
required to pay the applicable fee prescribed in division (A) of
this section if the disabled veteran submits an application for a
driver's license or motorized bicycle license or a renewal of
either of these licenses to a deputy registrar who is acting as a
deputy registrar pursuant to a contract with the registrar that is
in effect on the effective date of this amendment. The disabled
veteran also is required to submit with the disabled veteran's
application such documentary evidence of disability as the
registrar may require by rule.
A disabled veteran who submits an application described in
this division is not required to pay either of the fees prescribed
in division (A) of this section if the disabled veteran submits
the application to a deputy registrar who is acting as a deputy
registrar pursuant to a contract with the registrar that is
executed after the effective date of this amendment. The disabled
veteran still is required to submit with the disabled veteran's
application such documentary evidence of disability as the
registrar may require by rule.
A disabled veteran who submits an application described in
this division directly to the registrar is not required to pay
either of the fees prescribed in division (A) of this section if
the disabled veteran submits with the disabled veteran's
application such documentary evidence of disability as the
registrar may require by rule.
(D)(1) Each deputy registrar shall transmit to the registrar
of motor vehicles, at such time and in such manner as the
registrar shall require by rule, an amount of each fee collected
under division (A)(1) of this section as shall be determined by
the registrar. The registrar shall pay all such moneys so received
into the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
(2) Commencing on October 1, 2009, each deputy registrar
shall transmit one dollar and seventy-five cents of each fee
collected under division (A)(1) of this section to the registrar
at the time and in the manner provided by section 4503.10 of the
Revised Code. The registrar shall deposit all moneys received
under division (D)(2) of this section into the state highway
safety fund established in section 4501.06 of the Revised Code.
Sec. 4507.50. (A) The registrar of motor vehicles or a
deputy registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and,
except as otherwise provided in this section, is not licensed as
an operator of a motor vehicle in this state or another licensing
jurisdiction, and, except as provided in division (B) of this
section, upon receipt of a fee of three dollars and fifty cents,
shall issue an identification card to that person.
Any person who is a resident or temporary resident of this
state whose Ohio driver's or commercial driver's license has been
suspended or canceled, upon application in compliance with section
4507.51 of the Revised Code and, except as provided in division
(B) of this section, payment of a fee of three dollars and fifty
cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective dates
of the suspension or cancellation of the cardholder's license, or
until the birthday of the cardholder in the fourth year after the
date on which it is issued, whichever is shorter. The cardholder
shall surrender the identification card to the registrar or any
deputy registrar before the cardholder's driver's or commercial
driver's license is restored or reissued.
Except as provided in division (B) of this section, the
deputy registrar shall be is allowed a fee of
two dollars and
seventy-five cents commencing on July 1, 2001, three dollars and
twenty-five cents commencing on January 1, 2003, and three dollars
and fifty cents commencing on January 1, 2004, for each
identification card issued under this section. The fee allowed to
the deputy registrar shall be is in addition to the fee for
issuing an identification card. In addition, the deputy registrar
also may charge and retain for each identification card issued a
document security fee of five dollars.
Neither the registrar nor any deputy registrar shall charge a
fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar laminating such a card shall retain the entire amount of
the fee charged for lamination, less the actual cost to the
registrar of the laminating materials used for that lamination, as
specified in the contract executed by the bureau for the
laminating materials and laminating equipment. The deputy
registrar shall forward the amount of the cost of the laminating
materials to the registrar for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee fees allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the
Revised Code.
(B) A disabled veteran who has a service-connected disability
rated at one hundred per cent by the veterans' administration may
apply to the registrar or a deputy registrar for the issuance to
that veteran of an identification card or a temporary
identification card under this section without payment of any fee
prescribed in division (A) of this section, including any
lamination fee.
An application made under division (B) of this section shall
be accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4507.52. (A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing the
identity of the bearer described on the card, who currently is not
licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code, but shall
not display the cardholder's social security number unless the
cardholder specifically requests that the cardholder's social
security number be displayed on the card. If federal law requires
the cardholder's social security number to be displayed on the
identification card, the social security number shall be displayed
on the card notwithstanding this section. The identification card
also shall display the color photograph of the cardholder. If the
cardholder has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the cardholder wishes the identification card to
indicate that the cardholder has executed either type of
instrument, the card also shall display any symbol chosen by the
registrar to indicate that the cardholder has executed either type
of instrument. On and after October 7, 2009, if the cardholder has
specified that the cardholder wishes the identification card to
indicate that the cardholder is a veteran, active duty, or
reservist of the armed forces of the United States and has
presented a copy of the cardholder's DD-214 form or an equivalent
document, the card also shall display any symbol chosen by the
registrar to indicate that the cardholder is a veteran, active
duty, or reservist of the armed forces of the United States. The
card shall be sealed in transparent plastic or similar material
and shall be so designed as to prevent its reproduction or
alteration without ready detection.
The identification card for persons under twenty-one years of
age shall have characteristics prescribed by the registrar
distinguishing it from that issued to a person who is twenty-one
years of age or older, except that an identification card issued
to a person who applies no more than thirty days before the
applicant's twenty-first birthday shall have the characteristics
of an identification card issued to a person who is twenty-one
years of age or older.
Every identification card issued to a resident of this state
shall expire, unless canceled or surrendered earlier, on the
birthday of the cardholder in the fourth year after the date on
which it is issued. Every identification card issued to a
temporary resident shall expire in accordance with rules adopted
by the registrar and is nonrenewable, but may be replaced with a
new identification card upon the applicant's compliance with all
applicable requirements. A cardholder may renew the cardholder's
identification card within ninety days prior to the day on which
it expires by filing an application and paying the prescribed fee
in accordance with section 4507.50 of the Revised Code.
If a cardholder applies for a driver's or commercial driver's
license in this state or another licensing jurisdiction, the
cardholder shall surrender the cardholder's identification card to
the registrar or any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(1) Furnishing suitable proof of the loss, destruction, or
mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary evidence
under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a duplicate,
finds the original, immediately shall surrender the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by furnishing
suitable proof of the change to the registrar or a deputy
registrar and surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall pay a fee of
two dollars and fifty cents. A deputy registrar shall be is
allowed an additional fee of
two dollars and seventy-five cents
commencing on July 1, 2001, three dollars and twenty-five cents
commencing on January 1, 2003, and three dollars and fifty cents
commencing on January 1, 2004, for issuing a duplicate or
replacement identification card.
A In addition, the deputy
registrar also may charge and retain for issuing a duplicate or
replacement identification card a document security fee of five
dollars.
A disabled veteran who is a cardholder and has a
service-connected disability rated at one hundred per cent by the
veterans' administration may apply to the registrar or a deputy
registrar for the issuance of a duplicate or replacement
identification card without payment of any fee prescribed in this
section, and without payment of any lamination fee if the disabled
veteran would not be required to pay a lamination fee in
connection with the issuance of an identification card or
temporary identification card as provided in division (B) of
section 4507.50 of the Revised Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the card was obtained unlawfully, issued in error, or was altered.
The registrar also shall cancel any card that is surrendered to
the registrar or to a deputy registrar after the holder has
obtained a duplicate, replacement, or driver's or commercial
driver's license.
(D)(1) No agent of the state or its political subdivisions
shall condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly operated
or franchised transit system from using an identification card for
the purpose of granting benefits or services of the system.
(2) No person shall be required to apply for, carry, or
possess an identification card.
(E) Except in regard to an identification card issued to a
person who applies no more than thirty days before the applicant's
twenty-first birthday, neither the registrar nor any deputy
registrar shall issue an identification card to a person under
twenty-one years of age that does not have the characteristics
prescribed by the registrar distinguishing it from the
identification card issued to persons who are twenty-one years of
age or older.
(F) Whoever violates division (E) of this section is guilty
of a minor misdemeanor.
Sec. 4519.03. (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 with the registrar of motor vehicles
or a deputy registrar, on blanks furnished by the registrar for
that purpose and containing all of the following information:
(1) A brief description of the snowmobile, off-highway
motorcycle, or all-purpose vehicle, including the year, make,
model, and the vehicle identification number;
(2) The name, residence, and business address of the owner;
(3) A statement that the snowmobile, off-highway motorcycle,
or all-purpose vehicle is equipped as required by section 4519.20
of the Revised Code and any rule adopted under that section. The
statement shall include a check list of the required equipment
items in the form the registrar shall prescribe.
The application shall be signed by the owner of the
snowmobile, off-highway motorcycle, or all-purpose vehicle and
shall be accompanied by a fee as provided in division (C) of
section 4519.04 of the Revised Code.
If the application is not in proper form, or if the vehicle
for which registration is sought does not appear to be equipped as
required by section 4519.20 of the Revised Code or any rule
adopted under that section, the registration shall be refused, and
no registration sticker, license plate, or validation sticker
shall be issued.
(B) No certificate of registration or renewal of a
certificate of registration shall be issued for an off-highway
motorcycle or all-purpose vehicle required to be registered under
section 4519.02 of the Revised Code, and no certificate of
registration issued under this chapter for an off-highway
motorcycle or all-purpose vehicle that is sold or otherwise
transferred shall be transferred to the new owner of the
off-highway motorcycle or all-purpose vehicle as permitted by
division (B) of section 4519.05 of the Revised Code, unless a
certificate of title has been issued under this chapter for the
motorcycle or vehicle, and the owner or new owner, as the case may
be, presents a physical certificate of title or memorandum
certificate of title for inspection at the time the owner or new
owner first submits a registration application, registration
renewal application, or registration transfer application for the
motorcycle or vehicle if a physical certificate of title or
memorandum certificate has been issued by a clerk of a court of
common pleas. If, under sections 4519.512 and 4519.58 of the
Revised Code, a clerk instead has issued an electronic certificate
of title for the applicant's off-highway motorcycle or all-purpose
vehicle, that certificate may be presented for inspection at the
time of first registration in a manner prescribed by rules adopted
by the registrar.
(C) When the owner of an off-highway motorcycle or
all-purpose vehicle first registers it in the owner's name, and a
certificate of title has been issued for the motorcycle or
vehicle, the owner shall present for inspection a physical
certificate of title or memorandum certificate of title showing
title to the off-highway motorcycle or all-purpose vehicle in the
name of the owner if a physical certificate of title or memorandum
certificate has been issued by a clerk of a court of common pleas.
If, under sections 4519.512 and 4519.58 of the Revised Code, a
clerk instead has issued an electronic certificate of title for
the applicant's off-highway motorcycle or all-purpose vehicle,
that certificate may be presented for inspection at the time of
first registration in a manner prescribed by rules adopted by the
registrar. If, when the owner of such an off-highway motorcycle or
all-purpose vehicle first makes application to register it in the
owner's name, the application is not in proper form or the
certificate of title or memorandum certificate of title does not
accompany the registration or, in the case of an electronic
certificate of title is not presented in a manner prescribed by
the registrar, the registration shall be refused, and neither a
certificate of registration nor a registration sticker, license
plate, or validation sticker shall be issued. When a certificate
of registration and registration sticker, license plate, or
validation sticker are issued upon the first registration of an
off-highway motorcycle or all-purpose vehicle by or on behalf of
the owner, the official issuing them shall indicate the issuance
with a stamp on the certificate of title or memorandum certificate
of title or, in the case of an electronic certificate of title, an
electronic stamp or other notation as specified in rules adopted
by the registrar.
(D) Each deputy registrar shall be is allowed a fee of three
dollars and fifty cents for each application or renewal
application received by the deputy registrar, which shall be is
for the purpose of compensating the deputy registrar for services,
and office and rental expense, as may be necessary for the proper
discharge of the deputy registrar's duties in the receiving of
applications and the issuing of certificates of registration.
A
deputy registrar also may charge and retain for each such
application or renewal application received a document security
fee of five dollars.
Each deputy registrar, upon receipt of any application for
registration, together with the registration fee, shall transmit
the fee, together with the original and duplicate copy of the
application, to the registrar in the manner and at the times the
registrar, subject to the approval of the director of public
safety and the treasurer of state, shall prescribe by rule.
Sec. 4519.10. (A) The purchaser of an off-highway motorcycle
or all-purpose vehicle, upon application and proof of purchase,
may obtain a temporary license placard for it. The application for
such a placard shall be signed by the purchaser of the off-highway
motorcycle or all-purpose vehicle. The temporary license placard
shall be issued only for the applicant's use of the off-highway
motorcycle or all-purpose vehicle to enable the applicant to
operate it legally while proper title and a registration sticker
or license plate and validation sticker are being obtained and
shall be displayed on no other off-highway motorcycle or
all-purpose vehicle. A temporary license placard issued under this
section shall be in a form prescribed by the registrar of motor
vehicles, shall differ in some distinctive manner from a placard
issued under section 4503.182 of the Revised Code, shall be valid
for a period of thirty days from the date of issuance, and shall
not be transferable or renewable. The placard either shall consist
of or be coated with such material as will enable it to remain
legible and relatively intact despite the environmental conditions
to which the placard is likely to be exposed during the thirty-day
period for which it is valid. The purchaser of an off-highway
motorcycle or all-purpose vehicle shall attach the temporary
license placard to it, in a manner prescribed by rules the
registrar shall adopt, so that the placard numerals or letters are
clearly visible.
The fee for a temporary license placard issued under this
section shall be is two dollars. If the placard is issued by a
deputy registrar, the deputy registrar shall charge an additional
fee of three dollars and fifty cents, which the deputy registrar
shall retain. The deputy registrar also may charge and retain for
each such placard issued a document security fee of five dollars.
The deputy registrar shall transmit each two-dollar fee received
by the deputy registrar under this section to the registrar, who
shall pay the two dollars to the treasurer of state for deposit
into the state bureau of motor vehicles fund established by
section 4501.25 of the Revised Code.
(B) The registrar may issue temporary license placards to a
dealer to be issued to purchasers for use on vehicles sold by the
dealer, in accordance with rules prescribed by the registrar. The
dealer shall notify the registrar within forty-eight hours of
proof of issuance on a form prescribed by the registrar.
The fee for each such placard issued by the registrar to a
dealer shall be two dollars plus a fee of three dollars and fifty
cents.
Sec. 4519.56. (A) An application for a certificate of title
shall be sworn to before a notary public or other officer
empowered to administer oaths by the lawful owner or purchaser of
the off-highway motorcycle or all-purpose vehicle and shall
contain at least the following information in a form and together
with any other information the registrar of motor vehicles may
require:
(1) Name, address, and social security number or employer's
tax identification number of the applicant;
(2) Statement of how the off-highway motorcycle or
all-purpose vehicle was acquired;
(3) Name and address of the previous owner;
(4) A statement of all liens, mortgages, or other
encumbrances on the off-highway motorcycle or all-purpose vehicle,
and the name and address of each holder thereof;
(5) If there are no outstanding liens, mortgages, or other
encumbrances, a statement of that fact;
(6) A description of the off-highway motorcycle or
all-purpose vehicle, including the make, year, series or model, if
any, body type, and manufacturer's vehicle identification number.
If the off-highway motorcycle or all-purpose vehicle contains
a permanent identification number placed thereon by the
manufacturer, this number shall be used as the vehicle
identification number. Except as provided in division (B) of this
section, if the application for a certificate of title refers to
an off-highway motorcycle or all-purpose vehicle that contains
such a permanent identification number, but for which no
certificate of title has been issued previously by this state, the
application shall be accompanied by a physical inspection
certificate as described in that division.
If there is no manufacturer's vehicle identification number
or if the manufacturer's vehicle identification number has been
removed or obliterated, the registrar, upon receipt of a
prescribed application and proof of ownership, but prior to
issuance of a certificate of title, shall assign a vehicle
identification number for the off-highway motorcycle or
all-purpose vehicle. This assigned vehicle identification number
shall be permanently affixed to or imprinted upon the off-highway
motorcycle or all-purpose vehicle by the state highway patrol. The
state highway patrol shall assess a fee of fifty dollars for
affixing the number to the off-highway motorcycle or all-purpose
vehicle and shall deposit each such fee in the state highway
safety fund established by section 4501.06 of the Revised Code.
(B) Except in the case of a new off-highway motorcycle or
all-purpose vehicle sold by a dealer title to which is evidenced
by a manufacturer's or importer's certificate, if the application
for a certificate of title refers to an off-highway motorcycle or
all-purpose vehicle that contains a permanent identification
number placed thereon by the manufacturer, but for which no
certificate of title previously has been issued by this state, the
application shall be accompanied by a physical inspection
certificate issued by the department of public safety verifying
the make, year, series or model, if any, body type, and
manufacturer's vehicle identification number of the off-highway
motorcycle or all-purpose vehicle for which the certificate of
title is desired. The physical inspection certificate shall be in
such form as is designated by the registrar. The physical
inspection shall be made at a deputy registrar's office or at an
established place of business operated by a licensed motor vehicle
dealer. The deputy registrar or motor vehicle dealer may charge
and retain a maximum fee of
two dollars and seventy-five cents
commencing on July 1, 2001, three dollars and twenty-five cents
commencing on January 1, 2003, and three dollars and fifty cents
commencing on January 1, 2004, for conducting the physical
inspection. A deputy registrar who conducts such an inspection
also may charge and retain a document security fee of five
dollars.
The clerk of the court of common pleas shall charge a fee of
one dollar and fifty cents for the processing of each physical
inspection certificate. The clerk shall retain fifty cents of the
one dollar and fifty cents so charged and shall pay the remaining
one dollar to the registrar by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the
month next succeeding that in which the certificate is received by
the clerk. The registrar shall pay such remaining sums into the
state bureau of motor vehicles fund established by section 4501.25
of the Revised Code.
Sec. 4519.69. If the application for a certificate of title
refers to an off-highway motorcycle or all-purpose vehicle last
previously registered in another state, the application shall be
accompanied by a physical inspection certificate issued by the
department of public safety verifying the make, year, series or
model, if any, body type, and manufacturer's identification number
of the off-highway motorcycle or all-purpose vehicle for which the
certificate of title is desired. The physical inspection
certificate shall be in such form as is designated by the
registrar of motor vehicles. The physical inspection of the
off-highway motorcycle or all-purpose vehicle shall be made at a
deputy registrar's office, or at an established place of business
operated by a licensed motor vehicle dealer. Additionally, the
physical inspection of a salvage off-highway motorcycle or
all-purpose vehicle owned by an insurance company may be made at
an established place of business operated by a salvage motor
vehicle dealer licensed under Chapter 4738. of the Revised Code.
The deputy registrar, the motor vehicle dealer, or the salvage
motor vehicle dealer may charge and retain a maximum fee of
two
dollars and seventy-five cents commencing on July 1, 2001, three
dollars and twenty-five cents commencing on January 1, 2003, and
three dollars and fifty cents commencing on January 1, 2004, for
conducting the physical inspection. A deputy registrar who
conducts such an inspection also may charge and retain a document
security fee of five dollars.
The clerk of the court of common pleas shall charge a fee of
one dollar and fifty cents for the processing of each physical
inspection certificate. The clerk shall retain fifty cents of the
one dollar and fifty cents so charged and shall pay the remaining
one dollar to the registrar by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the
month next succeeding that in which the certificate is received by
the clerk. The registrar shall pay such remaining sums into the
state treasury to the credit of the state bureau of motor vehicles
fund established in section 4501.25 of the Revised Code.
Section 2. That existing sections 4503.10, 4503.102, 4503.12,
4503.182, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, 4519.03,
4519.10, 4519.56, and 4519.69 of the Revised Code are hereby
repealed.
Section 3. Section 4503.102 of the Revised Code is presented
in this act as a composite of the section as amended by both H.B.
13 and Am. Sub. H.B. 119 of the 127th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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