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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 199
2025-2026
Representatives Miller, K., Plummer
Cosponsors: Representatives Hall, T.,
Stephens, Daniels, Klopfenstein
A
BILL
To
amend sections 1531.01, 1533.01, 1533.103, 1533.18, 2131.12, 2131.13,
2744.01, 2911.21, 2921.331, 2923.16, 4501.01, 4501.13, 4503.01,
4503.038, 4503.04, 4503.10, 4503.191, 4503.312, 4504.01, 4505.01,
4505.06, 4505.09, 4505.11, 4510.036, 4511.01, 4511.214, 4511.713,
4513.02, 4513.221, 4513.263, 4517.01, 4519.01, 4519.02, 4519.03,
4519.031, 4519.04, 4519.05, 4519.08, 4519.09, 4519.10, 4519.11,
4519.20, 4519.21, 4519.22, 4519.401, 4519.41, 4519.42, 4519.43,
4519.44, 4519.45, 4519.46, 4519.47, 4519.48, 4519.511, 4519.512,
4519.52, 4519.521, 4519.53, 4519.54, 4519.55, 4519.551, 4519.56,
4519.57, 4519.58, 4519.59, 4519.60, 4519.61, 4519.62, 4519.63,
4519.631, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68, 4519.69,
4519.70, 5553.044, 5739.02, and 5815.36; to enact new section 4519.40
and sections 4519.041, 4519.23, 4519.402, 4519.403, and 4519.99; and
to repeal sections 4511.215, 4511.216, and 4519.40 of the Revised
Code
to
make changes to the laws governing all-purpose vehicles, off-highway
motorcycles, snowmobiles, utility vehicles, and mini-trucks.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 1531.01, 1533.01, 1533.103, 1533.18, 2131.12, 2131.13,
2744.01, 2911.21, 2921.331, 2923.16, 4501.01, 4501.13, 4503.01,
4503.038, 4503.04, 4503.10, 4503.191, 4503.312, 4504.01, 4505.01,
4505.06, 4505.09, 4505.11, 4510.036, 4511.01, 4511.214, 4511.713,
4513.02, 4513.221, 4513.263, 4517.01, 4519.01, 4519.02, 4519.03,
4519.031, 4519.04, 4519.05, 4519.08, 4519.09, 4519.10, 4519.11,
4519.20, 4519.21, 4519.22, 4519.401, 4519.41, 4519.42, 4519.43,
4519.44, 4519.45, 4519.46, 4519.47, 4519.48, 4519.511, 4519.512,
4519.52, 4519.521, 4519.53, 4519.54, 4519.55, 4519.551, 4519.56,
4519.57, 4519.58, 4519.59, 4519.60, 4519.61, 4519.62, 4519.63,
4519.631, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68, 4519.69,
4519.70, 5553.044, 5739.02, and 5815.36 be amended and new section
4519.40 and sections 4519.041, 4519.23, 4519.402, 4519.403, and
4519.99 of the Revised Code be enacted to read as follows:
Sec.
1531.01.
As
used in this chapter and Chapter 1533. of the Revised Code:
(A)
"Person" means a person as defined in section 1.59 of the
Revised Code or a company; an employee, agent, or officer of such a
person or company; a combination of individuals; the state; a
political subdivision of the state; an interstate body created by a
compact; or the federal government or a department, agency, or
instrumentality of it.
(B)
"Resident" means either of the following:
(1)
An individual who has resided in this state for not less than six
months preceding the date of making application for a license or
permit;
(2)
An individual who is a full-time student enrolled in an accredited
Ohio public or private college or university and who resides in this
state at the time the individual makes application for a license or
permit and who attests to the individual's full-time student status
in a manner determined by the chief of the division of wildlife.
(C)
"Nonresident" means any individual who does not qualify as
a resident.
(D)
"Division rule" or "rule" means any rule adopted
by the chief of the division of wildlife under section 1531.10 of the
Revised Code unless the context indicates otherwise.
(E)
"Closed season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is prohibited.
(F)
"Open season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is permitted.
(G)
"Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting any
clam, mussel, crayfish, aquatic insect, fish, frog, turtle, wild
bird, or wild quadruped, and any lesser act, such as wounding, or
placing, setting, drawing, or using any other device for killing or
capturing any wild animal, whether it results in killing or capturing
the animal or not. "Take or taking" includes every attempt
to kill or capture and every act of assistance to any other person in
killing or capturing or attempting to kill or capture a wild animal.
(H)
"Possession" means both actual and constructive possession
and any control of things referred to.
(I)
"Bag limit" means the number, measurement, or weight of any
kind of crayfish, aquatic insects, fish, frogs, turtles, wild birds,
and wild quadrupeds permitted to be taken.
(J)
"Transport and transportation" means carrying or moving or
causing to be carried or moved.
(K)
"Sell and sale" means barter, exchange, or offer or expose
for sale.
(L)
"Whole to include part" means that every provision relating
to any wild animal protected by this chapter and Chapter 1533. of the
Revised Code applies to any part of the wild animal with the same
effect as it applies to the whole.
(M)
"Angling" means fishing with not more than two hand lines,
not more than two units of rod and line, or a combination of not more
than one hand line and one rod and line, either in hand or under
control at any time while fishing. The hand line or rod and line
shall have attached to it not more than three baited hooks, not more
than three artificial fly rod lures, or one artificial bait casting
lure equipped with not more than three sets of three hooks each.
(N)
"Trotline" means a device for catching fish that consists
of a line having suspended from it, at frequent intervals, vertical
lines with hooks attached.
(O)
"Fish" means a cold-blooded vertebrate having fins.
(P)
"Measurement of fish" means length from the end of the nose
to the longest tip or end of the tail.
(Q)
"Wild birds" includes game birds and nongame birds.
(R)
"Game" includes game birds, game quadrupeds, and
fur-bearing animals.
(S)
"Game birds" includes mourning doves, ringneck pheasants,
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated grouse,
wild turkey, Hungarian partridge, Chukar partridge, woodcocks,
black-breasted plover, golden plover, Wilson's snipe or jacksnipe,
greater and lesser yellowlegs, rail, coots, gallinules, duck, geese,
brant, and crows.
(T)
"Nongame birds" includes all other wild birds not included
and defined as game birds or migratory game birds.
(U)
"Wild quadrupeds" includes game quadrupeds and fur-bearing
animals.
(V)
"Game quadrupeds" includes cottontail rabbits, gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,
wild boar, elk, and black bears.
(W)
"Fur-bearing animals" includes minks, weasels, raccoons,
skunks, opossums, muskrats, fox, beavers, badgers, otters, coyotes,
and bobcats.
(X)
"Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and
all other wild mammals, but does not include domestic deer.
(Y)
"Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or wounding
wild birds or wild quadrupeds while employing any device commonly
used to kill or wound wild birds or wild quadrupeds whether or not
the acts result in killing or wounding. "Hunting" includes
every attempt to kill or wound and every act of assistance to any
other person in killing or wounding or attempting to kill or wound
wild birds or wild quadrupeds.
(Z)
"Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close upon,
hold fast, confine, or otherwise capture a wild bird or wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in capturing
wild birds or wild quadrupeds by means of the device whether or not
the means results in capture.
(AA)
"Muskrat spear" means any device used in spearing muskrats.
(BB)
"Channels and passages" means those narrow bodies of water
lying between islands or between an island and the mainland in Lake
Erie.
(CC)
"Island" means a rock or land elevation above the waters of
Lake Erie having an area of five or more acres above water.
(DD)
"Reef" means an elevation of rock, either broken or in
place, or gravel shown by the latest United States chart to be above
the common level of the surrounding bottom of the lake, other than
the rock bottom, or in place forming the base or foundation rock of
an island or mainland and sloping from the shore of it. "Reef"
also means all elevations shown by that chart to be above the common
level of the sloping base or foundation rock of an island or
mainland, whether running from the shore of an island or parallel
with the contour of the shore of an island or in any other way and
whether formed by rock, broken or in place, or from gravel.
(EE)
"Fur farm" means any area used exclusively for raising
fur-bearing animals or in addition thereto used for hunting game, the
boundaries of which are plainly marked as such.
(FF)
"Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof, whether
natural or artificial.
(GG)
"Crib" or "car" refers to that particular
compartment of the net from which the fish are taken when the net is
lifted.
(HH)
"Commercial fish" means those species of fish permitted to
be taken, possessed, bought, or sold unless otherwise restricted by
the Revised Code or division rule and are alewife (Alosa
pseudoharengus), American eel (Anguilla rostrata), bowfin (Amia
calva), burbot (Lota lota), carp (Cyprinus carpio), smallmouth
buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus),
black bullhead (Ictalurus melas), yellow bullhead (Ictalurus
natalis), brown bullhead (Ictalurus nebulosus), channel catfish
(Ictalurus punctatus), flathead catfish (Pylodictis olivaris),
whitefish (Coregonus sp.), cisco (Coregonus sp.), freshwater drum or
sheepshead (Aplodinotus grunniens), gar (Lepisosteus sp.), gizzard
shad (Dorosoma cepedianum), goldfish (Carassius auratus), lake trout
(Salvelinus namaycush), mooneye (Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt (Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus
sp.), sucker other than buffalo and quillback (Carpiodes sp.,
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), white
bass (Morone chrysops), white perch (Roccus americanus), and yellow
perch (Perca flavescens). When the common name of a fish is used in
this chapter or Chapter 1533. of the Revised Code, it refers to the
fish designated by the scientific name in this definition.
(II)
"Fishing" means taking or attempting to take fish by any
method, and all other acts such as placing, setting, drawing, or
using any device commonly used to take fish whether resulting in a
taking or not.
(JJ)
"Fillet" means the pieces of flesh taken or cut from both
sides of a fish, joined to form one piece of flesh.
(KK)
"Part fillet" means a piece of flesh taken or cut from one
side of a fish.
(LL)
"Round" when used in describing fish means with head and
tail intact.
(MM)
"Migrate" means the transit or movement of fish to or from
one place to another as a result of natural forces or instinct and
includes, but is not limited to, movement of fish induced or caused
by changes in the water flow.
(NN)
"Spreader bar" means a brail or rigid bar placed across the
entire width of the back, at the top and bottom of the cars in all
trap, crib, and fyke nets for the purpose of keeping the meshes
hanging squarely while the nets are fishing.
(OO)
"Fishing guide" means any person who, for consideration or
hire, operates a boat, rents, leases, or otherwise furnishes angling
devices, ice fishing shanties or shelters of any kind, or other
fishing equipment, and accompanies, guides, directs, or assists any
other person in order for the other person to engage in fishing.
(PP)
"Net" means fishing devices with meshes composed of twine
or synthetic material and includes, but is not limited to, trap nets,
fyke nets, crib nets, carp aprons, dip nets, and seines, except
minnow seines and minnow dip nets.
(QQ)
"Commercial fishing gear" means seines, trap nets, fyke
nets, dip nets, carp aprons, trotlines, other similar gear, and any
boat used in conjunction with that gear, but does not include gill
nets.
(RR)
"Native wildlife" means any species of the animal kingdom
indigenous to this state.
(SS)
"Gill net" means a single section of fabric or netting
seamed to a float line at the top and a lead line at the bottom,
which is designed to entangle fish in the net openings as they swim
into it.
(TT)
"Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration, for a
chance to win a prize by virtue of catching a tagged or otherwise
specifically marked fish within a limited period of time.
(UU)
"Tenant" means an individual who resides on land for which
the individual pays rent and whose annual income is primarily derived
from agricultural production conducted on that land, as "agricultural
production" is defined in section 929.01 of the Revised Code.
(VV)
"Nonnative wildlife" means any wild animal not indigenous
to this state, but does not include domestic deer.
(WW)
"Reptiles" includes common musk turtle (sternotherus
odoratus), common snapping turtle (Chelydra serpentina serpentina),
spotted turtle (Clemmys guttata), eastern box turtle (Terrapene
carolina carolina), Blanding's turtle (Emydoidea blandingii), common
map turtle (Graptemys geographica), ouachita map turtle (Graptemys
pseudogeographica ouachitensis), midland painted turtle (Chrysemys
picta marginata), red-eared slider (Trachemys scripta elegans),
eastern spiny softshell turtle (Apalone spinifera spinifera), midland
smooth softshell turtle (Apalone mutica mutica), northern fence
lizard (Sceloporus undulatus hyacinthinus), ground skink (Scincella
lateralis), five-lined skink (Eumeces fasciatus), broadhead skink
(Eumeces laticeps), northern coal skink (Eumeces anthracinus
anthracinus), European wall lizard (Podarcis muralis), queen snake
(Regina septemvittata), Kirtland's snake (Clonophis kirtlandii),
northern water snake (Nerodia sipedon sipedon), Lake Erie watersnake
(Nerodia sipedon insularum), copperbelly water snake (Nerodia
erythrogaster neglecta), northern brown snake (Storeria dekayi
dekayi), midland brown snake (Storeria dekayi wrightorum), northern
redbelly snake (Storeria occipitomaculata occipitomaculata), eastern
garter snake (Thamnophis sirtalis sirtalis), eastern plains garter
snake (Thamnophis radix radix), Butler's garter snake (Thamnophis
butleri), shorthead garter snake (Thamnophis brachystoma), eastern
ribbon snake (Thamnophis sauritus sauritus), northern ribbon snake
(Thamnophis sauritus septentrionalis), eastern hognose snake
(Heterodon platirhinos), eastern smooth earth snake (Virginia
valeriae valeriae), northern ringneck snake (Diadophis punctatus
edwardsii), midwest worm snake (Carphophis amoenus helenae), eastern
worm snake (Carphophis amoenus amoenus), black racer (Coluber
constrictor constrictor), blue racer (Coluber constrictor foxii),
rough green snake (opheodrys aestivus), smooth green snake (opheodrys
vernalis vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox snake (Elaphe vulpina gloydi), black kingsnake
(Lampropeltis getula nigra), eastern milk snake (Lampropeltis
triangulum triangulum), northern copperhead (Agkistrodon contortrix
mokasen), eastern massasauga (Sistrurus catenatus catenatus), and
timber rattlesnake (Crotalus horridus horridus).
(XX)
"Amphibians" includes eastern hellbender (Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus maculosus
maculosus), red-spotted newt (Notophthalmus viridescens viridescens),
Jefferson salamander (Ambystoma jeffersonianum), spotted salamander
(Ambystoma maculatum), blue-spotted salamander (Ambystoma laterale),
smallmouth salamander (Ambystoma texanum), streamside salamander
(Ambystoma barbouri), marbled salamander (Ambystoma opacum), eastern
tiger salamander (Ambystoma tigrinum tigrinum), northern dusky
salamander (Desmognathus fuscus fuscus), mountain dusky salamander
(Desmognathus ochrophaeus), redback salamander (Plethodon cinereus),
ravine salamander (Plethodon richmondi), northern slimy salamander
(Plethodon glutinosus), Wehrle's salamander (Plethodon wehrlei),
four-toed salamander (Hemidactylium scutatum), Kentucky spring
salamander (Gyrinophilus porphyriticus duryi), northern spring
salamander (Gyrinophilus porphyriticus porphyriticus), mud salamander
(Pseudotriton montanus), northern red salamander (Pseudotriton ruber
ruber), green salamander (Aneides aeneus), northern two-lined
salamander (Eurycea bislineata), longtail salamander (Eurycea
longicauda longicauda), cave salamander (Eurycea lucifuga), southern
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo
woodhousii fowleri), American toad (Bufo americanus), eastern
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris
crepitans blanchardi), northern spring peeper (Pseudacris crucifer
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog (Pseudacris brachyphona), bullfrog
(Rana catesbeiana), green frog (Rana clamitans melanota), northern
leopard frog (Rana pipiens), pickerel frog (Rana palustris), southern
leopard frog (Rana utricularia), and wood frog (Rana sylvatica).
(YY)
"Deer" means white-tailed deer (Oddocoileus virginianus).
(ZZ)
"Domestic deer" means nonnative deer that have been legally
acquired or their offspring and that are held in private ownership
for primarily agricultural purposes.
(AAA)
"Migratory game bird" includes waterfowl (Anatidae); doves
(Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea);
rails, coots, and gallinules (Rallidae); and woodcock and snipe
(Scolopacidae).
(BBB)
"Accompany" means to go along with another person while
staying within a distance from the person that enables uninterrupted,
unaided visual and auditory communication.
(CCC)
"
All-purpose
All-terrain
vehicle"
means
any vehicle that is designed primarily for cross-country travel on
land, water, or land and water and that is steered by wheels,
caterpillar treads, or a combination of wheels and caterpillar treads
and includes vehicles that operate on a cushion of air, vehicles
commonly known as all-terrain vehicles, all-season vehicles,
mini-bikes, and trail bikes
has
the same meaning as in section 4519.01 of the Revised Code
.
(DDD)
"Wholly enclosed preserve" means an area of land that is
surrounded by a fence that is at least six feet in height, unless
otherwise specified in division rule, and is constructed of a woven
wire mesh, or another enclosure that the division of wildlife may
approve, where game birds, game quadrupeds, reptiles, amphibians, or
fur-bearing animals are raised and may be sold under the authority of
a commercial propagating license or captive white-tailed deer
propagation license obtained under section 1533.71 of the Revised
Code.
(EEE)
"Commercial bird shooting preserve" means an area of land
where game birds are released and hunted by shooting as authorized by
a commercial bird shooting preserve license obtained under section
1533.72 of the Revised Code.
(FFF)
"Wild animal hunting preserve" means an area of land where
game, captive white-tailed deer, and nonnative wildlife, other than
game birds, are released and hunted as authorized by a wild animal
hunting preserve license obtained under section 1533.721 of the
Revised Code.
(GGG)
"Captive white-tailed deer" means legally acquired deer
that are held in private ownership at a facility licensed under
section 943.03 or 943.031 of the Revised Code and under section
1533.71 or 1533.721 of the Revised Code.
Sec.
1533.01.
As
used in this chapter, "person," "resident,"
"nonresident," "division rule," "rule,"
"closed season," "open season," "take or
taking," "possession," "bag limit,"
"transport and transportation," "sell and sale,"
"whole to include part," "angling," "trotline,"
"fish," "measurement of fish," "wild birds,"
"game," "game birds," "nongame birds,"
"wild quadrupeds," "game quadrupeds,"
"fur-bearing animals," "wild animals," "hunting,"
"trapping," "muskrat spear," "channels and
passages," "island," "reef," "fur
farm," "waters," "crib," "car,"
"commercial fish," "fishing," "fillet,"
"part fillet," "round," "migrate,"
"spreader bar," "fishing guide," "net,"
"commercial fishing gear," "native wildlife,"
"gill net," "tag fishing tournament," "tenant,"
"nonnative wildlife," "reptiles," "amphibians,"
"deer," "domestic deer," "migratory game
bird," "accompany," "
all-purpose
all-terrain
vehicle,"
"wholly enclosed preserve," "commercial bird shooting
preserve," "wild animal hunting preserve," and
"captive white-tailed deer" have the same meanings as in
section 1531.01 of the Revised Code.
Sec.
1533.103.
The
chief of the division of wildlife shall adopt rules under section
1531.10 of the Revised Code that are necessary to administer the
issuance of permits for the use of
all-purpose
all-terrain
vehicles
or motor vehicles by persons with mobility impairments to hunt wild
quadrupeds or game birds in public and private areas. The rules shall
establish eligibility requirements, an application procedure, the
duration of a permit, identification and designation of public and
private areas in which
all-purpose
all-terrain
vehicles
or motor vehicles may be used by permit holders, and any other
procedures and requirements governing the permits that the chief
determines are necessary. The chief shall not charge a fee for the
issuance of a permit under this section.
Sec.
1533.18.
As
used in sections 1533.18 and 1533.181 of the Revised Code:
(A)
"Premises" means all privately owned lands, ways, and
waters, and any buildings and structures thereon, and all privately
owned and state-owned lands, ways, and waters leased to a private
person, firm, or organization, including any buildings and structures
thereon.
(B)
"Recreational user" means a person to whom permission has
been granted, without the payment of a fee or consideration to the
owner, lessee, or occupant of premises, other than a fee or
consideration paid to the state or any agency of the state, or a
lease payment or fee paid to the owner of privately owned lands, to
enter upon premises to hunt, fish, trap, camp, hike, or swim, or to
operate a snowmobile,
all-purpose
all-terrain
vehicle,
or four-wheel drive motor vehicle, or to engage in other recreational
pursuits.
(C)
"
All-purpose
All-terrain
vehicle"
has the same meaning as in section 4519.01 of the Revised Code.
Sec.
2131.12.
(A)
As used in this section
and section 2131.13 of the Revised Code
:
(1)
"Motor vehicle" has the same meaning as in section 4505.01
of the Revised Code.
(2)
"Joint ownership with right of survivorship" means a form
of ownership of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
that
is established pursuant to this section and pursuant to which the
entire interest in the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
is
held by two persons for their joint lives and thereafter by the
survivor of them.
(3)
"Watercraft" has the same meaning as in division (A) of
section 1548.01 of the Revised Code.
(4)
"
All-purpose
All-terrain
vehicle
,
"
has
"off-highway
motorcycle," "snowmobile," and "mini-truck"
have
the
same
meaning
meanings
as
in section 4519.01 of the Revised Code.
(5)
"
Off-highway
motorcycle
Utility
vehicle
"
has the same meaning as in section
4519.01
4501.01
of
the Revised Code.
(6)
"Certificate of title" means a certificate of title for a
titled mode of transportation that is required or authorized to be
titled under Chapter 1548., 4505., or 4519. of the Revised Code.
(7)
"Titled mode of transportation" means a motor vehicle, an
all-terrain vehicle, an off-highway motorcycle, a snowmobile, a
mini-truck, a utility vehicle, a watercraft, or an outboard motor.
(B)(1)
Any two persons may establish in accordance with this section joint
ownership with right of survivorship in a
motor
vehicle, an all-purpose vehicle, an off-highway motorcycle, a
watercraft, or an outboard motor
titled
mode of transportation
for
which a certificate of title is required
or
authorized
under
Chapter 1548., 4505., or 4519. of the Revised Code.
(2)
If two persons wish to establish joint ownership with right of
survivorship in a
motor
vehicle, an all-purpose vehicle, an off-highway motorcycle, a
watercraft, or an outboard motor
titled
mode of transportation
that
is required
or
authorized
to
be titled under Chapter 1548., 4505., or 4519. of the Revised Code,
they may make a joint application for a certificate of title under
section 1548.07, 4505.06, or 4519.55 of the Revised Code, as
applicable.
(C)
If two persons have established
in
a
certificate
of title
joint
ownership with right of survivorship in a
motor
vehicle, an all-purpose vehicle, an off-highway motorcycle, a
watercraft, or an outboard motor that is required to be titled under
Chapter 1548., 4505., or 4519. of the Revised Code, and if one of
those persons dies
certificate
of title
,
the interest of the deceased person in the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
shall
pass to the survivor of them upon transfer of title to the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
accordance with section 1548.11, 4505.10, or 4519.60 of the Revised
Code. The
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
shall
not be considered an estate asset and shall not be included and
stated in the estate inventory.
Sec.
2131.13.
(A)
As used in this section:
(1)
"Designate or designation in beneficiary form" means to
designate, or the designation of, a
motor
vehicle, an all-purpose vehicle, an off-highway motorcycle, a
watercraft, or an outboard motor
titled
mode of transportation
in
a certificate of title that indicates the present owner of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
and
the intention of the present owner with respect to the transfer of
ownership on the present owner's death by designating one or more
persons as the beneficiary or beneficiaries who will become the owner
or owners of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
upon
the death of the present owner.
(2)
"Motor
vehicle" has the same meaning as in section 4505.01 of the
Revised Code.
(3)
"Person"
means an individual, a corporation, an organization, or other legal
entity.
(4)
(3)
"Transfer-on-death
beneficiary or beneficiaries" means a person or persons
specified in a certificate of title of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
who
will become the owner or owners of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
upon
the death of the present owner of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
.
(5)
"Watercraft" has the same meaning as in section 1548.01 of
the Revised Code.
(6)
(4)
"Owner"
includes the plural as well as the singular, as specified in section
1.43 of the Revised Code.
(7)
"Joint ownership with right of survivorship" has the same
meaning as in section 2131.12 of the Revised Code.
(8)
"All-purpose vehicle" has the same meaning as in section
4519.01 of the Revised Code.
(9)
"Off-highway motorcycle" has the same meaning as in section
4519.01 of the Revised Code.
(B)(1)
An individual whose certificate of title of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
shows
sole ownership by that individual may make an application for a
certificate of title under section 1548.07, 4505.06, or 4519.55 of
the Revised Code
,
as applicable,
to designate that
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
beneficiary form pursuant to this section.
(2)
Individuals whose certificate of title of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
shows
joint ownership with right of survivorship may jointly make an
application for a certificate of title under section 1548.07,
4505.06, or 4519.55 of the Revised Code
,
as applicable,
to designate that
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
beneficiary form pursuant to this section.
(C)(1)
A
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
is
designated in beneficiary form if the certificate of title of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
includes
the name or names of the transfer-on-death beneficiary or
beneficiaries.
(2)
The designation of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
beneficiary form is not required to be supported by consideration,
and the certificate of title in which the designation is made is not
required to be delivered to the transfer-on-death beneficiary or
beneficiaries in order for the designation in beneficiary form to be
effective.
(D)
The designation of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
beneficiary form may be shown in the certificate of title by the
words "transfer-on-death" or the abbreviation "TOD"
after the name of the owner of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
and
before the name or names of the transfer-on-death beneficiary or
beneficiaries.
(E)
The designation of a transfer-on-death beneficiary or beneficiaries
on a certificate of title has no effect on the ownership of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
until
the death of the owner of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
.
The owner of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
may
cancel or change the designation of a transfer-on-death beneficiary
or beneficiaries on a certificate of title at any time without the
consent of the transfer-on-death beneficiary or beneficiaries by
making an application for a certificate of title under section
1548.07, 4505.06, or 4519.55 of the Revised Code
,
as applicable
.
(F)(1)
Upon the death of the owner of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
designated
in beneficiary form, the ownership of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
shall
pass to the transfer-on-death beneficiary or beneficiaries who
survive the owner upon transfer of title to the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
accordance with section 1548.11, 4505.10, or 4519.60 of the Revised
Code
,
as applicable
.
The transfer-on-death beneficiary or beneficiaries who survive the
owner may apply for a certificate of title to the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
upon
submitting proof of the death of the owner of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
.
(2)
If no transfer-on-death beneficiary or beneficiaries survive the
owner of a
motor
vehicle, watercraft, or outboard motor
titled
mode of transportation
,
the
motor
vehicle, watercraft, or outboard motor
titled
mode of transportation
shall
be included in the probate estate of the deceased owner.
(G)(1)
Any transfer of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
to
a transfer-on-death beneficiary or beneficiaries that results from a
designation of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
in
beneficiary form is not testamentary.
(2)
This section does not limit the rights of any creditor of the owner
of a
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
against
any transfer-on-death beneficiary or beneficiaries or other
transferees of the
motor
vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or
outboard motor
titled
mode of transportation
under
other laws of this state.
(H)(1)
This section shall be known and may be cited as the
"Transfer-on-Death
of
Motor Vehicle, All-Purpose Vehicle, Off-Highway Motorcycle,
Watercraft, or Outboard Motor
Statute."
(2)
Divisions (A) to (H) of this section shall be liberally construed and
applied to promote their underlying purposes and policy.
(3)
Unless displaced by particular provisions of divisions (A) to (H) of
this section, the principles of law and equity supplement the
provisions of those divisions.
Sec.
2744.01.
As
used in this chapter:
(A)
"Emergency call" means a call to duty, including, but not
limited to, communications from citizens, police dispatches, and
personal observations by peace officers of inherently dangerous
situations that demand an immediate response on the part of a peace
officer.
(B)
"Employee" means an officer, agent, employee, or servant,
whether or not compensated or full-time or part-time, who is
authorized to act and is acting within the scope of the officer's,
agent's, employee's, or servant's employment for a political
subdivision. "Employee" does not include an independent
contractor and does not include any individual engaged by a school
district pursuant to section 3319.301 of the Revised Code. "Employee"
includes any elected or appointed official of a political
subdivision. "Employee" also includes a person who has been
convicted of or pleaded guilty to a criminal offense and who has been
sentenced to perform community service work in a political
subdivision whether pursuant to section 2951.02 of the Revised Code
or otherwise, and a child who is found to be a delinquent child and
who is ordered by a juvenile court pursuant to section 2152.19 or
2152.20 of the Revised Code to perform community service or community
work in a political subdivision.
(C)(1)
"Governmental function" means a function of a political
subdivision that is specified in division (C)(2) of this section or
that satisfies any of the following:
(a)
A function that is imposed upon the state as an obligation of
sovereignty and that is performed by a political subdivision
voluntarily or pursuant to legislative requirement;
(b)
A function that is for the common good of all citizens of the state;
(c)
A function that promotes or preserves the public peace, health,
safety, or welfare; that involves activities that are not engaged in
or not customarily engaged in by nongovernmental persons; and that is
not specified in division (G)(2) of this section as a proprietary
function.
(2)
A "governmental function" includes, but is not limited to,
the following:
(a)
The provision or nonprovision of police, fire, emergency medical,
ambulance, and rescue services or protection;
(b)
The power to preserve the peace; to prevent and suppress riots,
disturbances, and disorderly assemblages; to prevent, mitigate, and
clean up releases of oil and hazardous and extremely hazardous
substances as defined in section 3750.01 of the Revised Code; and to
protect persons and property;
(c)
The provision of a system of public education;
(d)
The provision of a free public library system;
(e)
The regulation of the use of, and the maintenance and repair of,
roads, highways, streets, avenues, alleys, sidewalks, bridges,
aqueducts, viaducts, and public grounds;
(f)
Judicial, quasi-judicial, prosecutorial, legislative, and
quasi-legislative functions;
(g)
The construction, reconstruction, repair, renovation, maintenance,
and operation of buildings that are used in connection with the
performance of a governmental function, including, but not limited
to, office buildings and courthouses;
(h)
The design, construction, reconstruction, renovation, repair,
maintenance, and operation of jails, places of juvenile detention,
workhouses, or any other detention facility, as defined in section
2921.01 of the Revised Code;
(i)
The enforcement or nonperformance of any law;
(j)
The regulation of traffic, and the erection or nonerection of traffic
signs, signals, or control devices;
(k)
The collection and disposal of solid wastes, as defined in section
3734.01 of the Revised Code, including, but not limited to, the
operation of solid waste disposal facilities, as "facilities"
is defined in that section, and the collection and management of
hazardous waste generated by households. As used in division
(C)(2)(k) of this section, "hazardous waste generated by
households" means solid waste originally generated by individual
households that is listed specifically as hazardous waste in or
exhibits one or more characteristics of hazardous waste as defined by
rules adopted under section 3734.12 of the Revised Code, but that is
excluded from regulation as a hazardous waste by those rules.
(l)
The provision or nonprovision, planning or design, construction, or
reconstruction of a public improvement, including, but not limited
to, a sewer system;
(m)
The operation of a job and family services department or agency,
including, but not limited to, the provision of assistance to aged
and infirm persons and to persons who are indigent;
(n)
The operation of a health board, department, or agency, including,
but not limited to, any statutorily required or permissive program
for the provision of immunizations or other inoculations to all or
some members of the public, provided that a "governmental
function" does not include the supply, manufacture,
distribution, or development of any drug or vaccine employed in any
such immunization or inoculation program by any supplier,
manufacturer, distributor, or developer of the drug or vaccine;
(o)
The operation of mental health facilities, developmental disabilities
facilities, alcohol treatment and control centers, and children's
homes or agencies;
(p)
The provision or nonprovision of inspection services of all types,
including, but not limited to, inspections in connection with
building, zoning, sanitation, fire, plumbing, and electrical codes,
and the taking of actions in connection with those types of codes,
including, but not limited to, the approval of plans for the
construction of buildings or structures and the issuance or
revocation of building permits or stop work orders in connection with
buildings or structures;
(q)
Urban renewal projects and the elimination of slum conditions,
including the performance of any activity that a county land
reutilization corporation is authorized to perform under Chapter
1724. or 5722. of the Revised Code;
(r)
Flood control measures;
(s)
The design, construction, reconstruction, renovation, operation,
care, repair, and maintenance of a township cemetery;
(t)
The issuance of revenue obligations under section 140.06 of the
Revised Code;
(u)
The design, construction, reconstruction, renovation, repair,
maintenance, and operation of any school athletic facility, school
auditorium, or gymnasium or any recreational area or facility,
including, but not limited to, any of the following:
(i)
A park, playground, or playfield;
(ii)
An indoor recreational facility;
(iii)
A zoo or zoological park;
(iv)
A bath, swimming pool, pond, water park, wading pool, wave pool,
water slide, or other type of aquatic facility;
(v)
A golf course;
(vi)
A bicycle motocross facility or other type of recreational area or
facility in which bicycling, skating, skate boarding, or scooter
riding is engaged;
(vii)
A rope course or climbing walls;
(viii)
An
all-purpose
all-terrain
vehicle
facility in which
all-purpose
all-terrain
vehicles,
as defined in section 4519.01 of the Revised Code, are contained,
maintained, or operated for recreational activities.
(v)
The provision of public defender services by a county or joint county
public defender's office pursuant to Chapter 120. of the Revised
Code;
(w)(i)
At any time before regulations prescribed pursuant to 49 U.S.C.A
20153 become effective, the designation, establishment, design,
construction, implementation, operation, repair, or maintenance of a
public road rail crossing in a zone within a municipal corporation in
which, by ordinance, the legislative authority of the municipal
corporation regulates the sounding of locomotive horns, whistles, or
bells;
(ii)
On and after the effective date of regulations prescribed pursuant to
49 U.S.C.A. 20153, the designation, establishment, design,
construction, implementation, operation, repair, or maintenance of a
public road rail crossing in such a zone or of a supplementary safety
measure, as defined in 49 U.S.C.A 20153, at or for a public road rail
crossing, if and to the extent that the public road rail crossing is
excepted, pursuant to subsection (c) of that section, from the
requirement of the regulations prescribed under subsection (b) of
that section.
(x)
A function that the general assembly mandates a political subdivision
to perform.
(D)
"Law" means any provision of the constitution, statutes, or
rules of the United States or of this state; provisions of charters,
ordinances, resolutions, and rules of political subdivisions; and
written policies adopted by boards of education. When used in
connection with the "common law," this definition does not
apply.
(E)
"Motor vehicle" has the same meaning as in section 4511.01
of the Revised Code.
(F)
"Political subdivision" or "subdivision" means a
municipal corporation, township, county, school district, or other
body corporate and politic responsible for governmental activities in
a geographic area smaller than that of the state. "Political
subdivision" includes, but is not limited to, a county hospital
commission appointed under section 339.14 of the Revised Code, board
of hospital commissioners appointed for a municipal hospital under
section 749.04 of the Revised Code, board of hospital trustees
appointed for a municipal hospital under section 749.22 of the
Revised Code, regional planning commission created pursuant to
section 713.21 of the Revised Code, county planning commission
created pursuant to section 713.22 of the Revised Code, joint
planning council created pursuant to section 713.231 of the Revised
Code, interstate regional planning commission created pursuant to
section 713.30 of the Revised Code, port authority created pursuant
to section 4582.02 or 4582.26 of the Revised Code or in existence on
December 16, 1964, regional council established by political
subdivisions pursuant to Chapter 167. of the Revised Code, emergency
planning district and joint emergency planning district designated
under section 3750.03 of the Revised Code, joint emergency medical
services district created pursuant to section 307.052 of the Revised
Code, fire and ambulance district created pursuant to section 505.375
of the Revised Code, joint interstate emergency planning district
established by an agreement entered into under that section, county
solid waste management district and joint solid waste management
district established under section 343.01 or 343.012 of the Revised
Code, community school established under Chapter 3314. of the Revised
Code, county land reutilization corporation organized under Chapter
1724. of the Revised Code, the county or counties served by a
community-based correctional facility and program or district
community-based correctional facility and program established and
operated under sections 2301.51 to 2301.58 of the Revised Code, a
community-based correctional facility and program or district
community-based correctional facility and program that is so
established and operated, and the facility governing board of a
community-based correctional facility and program or district
community-based correctional facility and program that is so
established and operated.
(G)(1)
"Proprietary function" means a function of a political
subdivision that is specified in division (G)(2) of this section or
that satisfies both of the following:
(a)
The function is not one described in division (C)(1)(a) or (b) of
this section and is not one specified in division (C)(2) of this
section;
(b)
The function is one that promotes or preserves the public peace,
health, safety, or welfare and that involves activities that are
customarily engaged in by nongovernmental persons.
(2)
A "proprietary function" includes, but is not limited to,
the following:
(a)
The operation of a hospital by one or more political subdivisions;
(b)
The design, construction, reconstruction, renovation, repair,
maintenance, and operation of a public cemetery other than a township
cemetery;
(c)
The establishment, maintenance, and operation of a utility,
including, but not limited to, a light, gas, power, or heat plant, a
railroad, a busline or other transit company, an airport, and a
municipal corporation water supply system;
(d)
The maintenance, destruction, operation, and upkeep of a sewer
system;
(e)
The operation and control of a public stadium, auditorium, civic or
social center, exhibition hall, arts and crafts center, band or
orchestra, or off-street parking facility.
(H)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision. "Public
roads" does not include berms, shoulders, rights-of-way, or
traffic control devices unless the traffic control devices are
mandated by the Ohio manual of uniform traffic control devices.
(I)
"State" means the state of Ohio, including, but not limited
to, the general assembly, the supreme court, the offices of all
elected state officers, and all departments, boards, offices,
commissions, agencies, colleges and universities, institutions, and
other instrumentalities of the state of Ohio. "State" does
not include political subdivisions.
Sec.
2911.21.
(A)
No person, without privilege to do so, shall do any of the following:
(1)
Knowingly enter or remain on the land or premises of another;
(2)
Knowingly enter or remain on the land or premises of another, the use
of which is lawfully restricted to certain persons, purposes, modes,
or hours, when the offender knows the offender is in violation of any
such restriction or is reckless in that regard;
(3)
Recklessly enter or remain on the land or premises of another, as to
which notice against unauthorized access or presence is given by
actual communication to the offender, or in a manner prescribed by
law, or by posting in a manner reasonably calculated to come to the
attention of potential intruders, or by fencing or other enclosure
manifestly designed to restrict access;
(4)
Being on the land or premises of another, negligently fail or refuse
to leave upon being notified by signage posted in a conspicuous place
or otherwise being notified to do so by the owner or occupant, or the
agent or servant of either;
(5)
Knowingly enter or remain on a critical infrastructure facility.
(B)
It is no defense to a charge under this section that the land or
premises involved was owned, controlled, or in custody of a public
agency.
(C)
It is no defense to a charge under this section that the offender was
authorized to enter or remain on the land or premises involved, when
such authorization was secured by deception.
(D)(1)
Whoever violates this section is guilty of criminal trespass.
Criminal trespass in violation of division (A)(1), (2), (3), or (4)
of this section is a misdemeanor of the fourth degree. Criminal
trespass in violation of division (A)(5) of this section is a
misdemeanor of the first degree.
(2)
Notwithstanding section 2929.28 of the Revised Code, if the person,
in committing the violation of this section, used a snowmobile,
off-highway motorcycle,
utility
vehicle,
or
all-purpose
all-terrain
vehicle,
the court shall impose a fine of two times the usual amount imposed
for the violation.
(3)
If an offender previously has been convicted of or pleaded guilty to
two or more violations of this section or a substantially equivalent
municipal ordinance, and the offender, in committing each violation,
used a snowmobile, off-highway motorcycle,
utility
vehicle,
or
all-purpose
all-terrain
vehicle,
the court, in addition to or independent of all other penalties
imposed for the violation, may impound the certificate of
registration of that snowmobile or off-highway motorcycle or the
certificate of registration and license plate of that
all-purpose
utility
vehicle or all-terrain
vehicle
for not less than sixty days. In such a case, section 4519.47 of the
Revised Code applies.
(E)
Notwithstanding any provision of the Revised Code, if the offender,
in committing the violation of this section, used
a
utility vehicle or
an
all-purpose
all-terrain
vehicle,
the clerk of the court shall pay the fine imposed pursuant to this
section to the state recreational vehicle fund created by section
4519.11 of the Revised Code.
(F)
As used in this section:
(1)
"
All-purpose
All-terrain
vehicle,"
"off-highway motorcycle," and "snowmobile" have
the same meanings as in section 4519.01 of the Revised Code.
(2)
"Utility
vehicle" has the same meaning as in section 4501.01 of the
Revised Code.
(3)
"Land
or premises" includes any land, building, structure, or place
belonging to, controlled by, or in custody of another, and any
separate enclosure or room, or portion thereof.
(3)
(4)
"Production
operation," "well," and "well pad" have the
same meanings as in section 1509.01 of the Revised Code.
(4)
(5)
"Critical
infrastructure facility" means:
(a)
One of the following, if completely enclosed by a fence or other
physical barrier that is obviously designed to exclude intruders, or
if clearly marked with signs that are reasonably likely to come to
the attention of potential intruders and that indicate entry is
forbidden without site authorization:
(i)
A petroleum or alumina refinery;
(ii)
An electric generating facility, substation, switching station,
electrical control center, or electric transmission and distribution
lines and associated equipment;
(iii)
A chemical, polymer, or rubber manufacturing facility;
(iv)
A water intake structure, water treatment facility, waste water
facility, drainage facility, water management facility, or any
similar water or sewage treatment system and its water and sewage
piping;
(v)
A natural gas company facility or interstate natural gas pipeline,
including a pipeline interconnection, a natural gas compressor
station and associated facilities, city gate or town border station,
metering station, above-ground piping, regulator station, valve site,
delivery station, fabricated assembly, or any other part of a natural
gas storage facility involved in the gathering, storage,
transmission, or distribution of gas;
(vi)
A telecommunications central switching office or remote switching
facility or an equivalent network facility that serves a similar
purpose;
(vii)
Wireline or wireless telecommunications infrastructure, including
telecommunications towers and telephone poles and lines, including
fiber optic lines;
(viii)
A port, trucking terminal, or other freight transportation facility;
(ix)
A gas processing plant, including a plant used in the processing,
treatment, or fractionation of natural gas or natural gas liquids;
(x)
A transmission facility used by a federally licensed radio or
television station;
(xi)
A steel-making facility that uses an electric arc furnace to make
steel;
(xii)
A facility identified and regulated by the United States department
of homeland security's chemical facility anti-terrorism standards
program under 6 C.F.R. part 27;
(xiii)
A dam that is regulated by the state or federal government;
(xiv)
A crude oil or refined products storage and distribution facility,
including valve sites, pipeline interconnections, pump station,
metering station, below- or above-ground pipeline, or piping and
truck loading or off-loading facility;
(xv)
A video service network and broadband infrastructure, including
associated buildings and facilities, video service headends, towers,
utility poles, and utility lines such as fiber optic lines. As used
in this division, "video service network" has the same
meaning as in section 1332.21 of the Revised Code.
(xvi)
Any above-ground portion of an oil, gas, hazardous liquid or chemical
pipeline, tank, or other storage facility;
(xvii)
Any above-ground portion of a well, well pad, or production
operation;
(xviii)
A laydown area or construction site for pipe and other equipment
intended for use on an interstate or intrastate natural gas or crude
oil pipeline;
(xix)
Any mining operation, including any processing equipment, batching
operation, or support facility for that mining operation.
(b)
With respect to a video service network or broadband or wireless
telecommunications infrastructure, the above-ground portion of a
facility installed in a public right-of-way on a utility pole or in a
conduit;
(c)
Any railroad property;
(d)
An electronic asset of any of the following:
(i)
An electric light company that is a public utility under section
4905.02 of the Revised Code;
(ii)
An electric cooperative, as defined in section 4928.01 of the Revised
Code;
(iii)
A municipal electric utility, as defined in section 4928.01 of the
Revised Code;
(iv)
A natural gas company that is a public utility under section 4905.02
of the Revised Code;
(v)
A telephone company that is a public utility under section 4905.02 of
the Revised Code;
(vi)
A video service provider, including a cable operator, as those terms
are defined in section 1332.21 of the Revised Code.
(5)
(6)
"Electronic
asset" includes, but is not limited to, the hardware, software,
and data of a programmable electronic device; all communications,
operations, and customer data networks; and the contents of those
data networks.
Sec.
2921.331.
(A)
No person shall fail to comply with any lawful order or direction of
any police officer invested with authority to direct, control, or
regulate traffic.
(B)
No person shall operate a motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
so as
willfully
purposely
to
elude or flee a police officer after receiving a visible or audible
signal from a police officer to bring the person's motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
to a stop.
(C)(1)
Whoever violates this section is guilty of failure to comply with an
order or signal of a police officer.
(2)
A violation of division (A) of this section is a misdemeanor of the
first degree.
(3)
Except as provided in divisions (C)(4) and (5) of this section, a
violation of division (B) of this section is a felony of the fourth
degree.
(4)
A violation of division (B) of this section is a felony of the third
degree if the jury or judge as trier of fact finds by proof beyond a
reasonable doubt that, in committing the offense, the offender was
fleeing immediately after the commission of a felony.
(5)(a)
A violation of division (B) of this section is a felony of the third
degree if the jury or judge as trier of fact finds any of the
following by proof beyond a reasonable doubt:
(i)
The operation of the motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
by the offender was a proximate cause of serious physical harm to
persons or property.
(ii)
The operation of the motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
by the offender caused a substantial risk of serious physical harm to
persons or property.
(b)
If a police officer pursues an offender who is violating division (B)
of this section and division (C)(5)(a) of this section applies, the
sentencing court, in determining the seriousness of an offender's
conduct for purposes of sentencing the offender for a violation of
division (B) of this section, shall consider, along with the factors
set forth in sections 2929.12 and 2929.13 of the Revised Code that
are required to be considered, all of the following:
(i)
The duration of the pursuit;
(ii)
The distance of the pursuit;
(iii)
The rate of speed at which the offender operated the motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
during the pursuit;
(iv)
Whether the offender failed to stop for traffic lights or stop signs
during the pursuit;
(v)
The number of traffic lights or stop signs for which the offender
failed to stop during the pursuit;
(vi)
Whether the offender operated the motor vehicle
,
off-highway motorcycle, all-terrain vehicle, snowmobile, utility
vehicle, or mini-truck
during the pursuit without lighted lights during a time when lighted
lights are required;
(vii)
Whether the offender committed a moving violation during the pursuit;
(viii)
The number of moving violations the offender committed during the
pursuit;
(ix)
Any other relevant factors indicating that the offender's conduct is
more serious than conduct normally constituting the offense.
(D)
If an offender is sentenced to a prison term for a violation of
division (B) of this section, the offender shall serve the prison
term consecutively to any other prison term or mandatory prison term
imposed upon the offender.
(E)
In addition to any other sanction imposed for a violation of division
(B) of this section, the court shall impose a class two suspension
from the range specified in division (A)(2) of section 4510.02 of the
Revised Code. In addition to any other sanction imposed for a
violation of division (A) of this section, the court shall impose a
class five suspension from the range specified in division (A)(5) of
section 4510.02 of the Revised Code. If the offender previously has
been found guilty of an offense under this section, in addition to
any other sanction imposed for the offense, the court shall impose a
class one suspension as described in division (A)(1) of that section.
The court shall not grant limited driving privileges to the offender
on a suspension imposed for a felony violation of this section. The
court may grant limited driving privileges to the offender on a
suspension imposed for a misdemeanor violation of this section as set
forth in section 4510.021 of the Revised Code. No judge shall suspend
the first three years of suspension under a class two suspension of
an offender's license, permit, or privilege required by this division
or any portion of the suspension under a class one suspension of an
offender's license, permit, or privilege required by this division.
(F)
As used in this section:
(1)
"Moving violation" has the same meaning as in section
2743.70 of the Revised Code.
(2)
"Police officer" has the same meaning as in section 4511.01
of the Revised Code.
Sec.
2923.16.
(A)
No person shall knowingly discharge a firearm while in or on a motor
vehicle.
(B)
No person shall knowingly transport or have a loaded firearm in a
motor vehicle in such a manner that the firearm is accessible to the
operator or any passenger without leaving the vehicle.
(C)
No person shall knowingly transport or have a firearm in a motor
vehicle, unless the person may lawfully possess that firearm under
applicable law of this state or the United States, the firearm is
unloaded, and the firearm is carried in one of the following ways:
(1)
In a closed package, box, or case;
(2)
In a compartment that can be reached only by leaving the vehicle;
(3)
In plain sight and secured in a rack or holder made for the purpose;
(4)
If the firearm is at least twenty-four inches in overall length as
measured from the muzzle to the part of the stock furthest from the
muzzle and if the barrel is at least eighteen inches in length,
either in plain sight with the action open or the weapon stripped,
or, if the firearm is of a type on which the action will not stay
open or which cannot easily be stripped, in plain sight.
(D)
No person shall knowingly transport or have a loaded handgun in a
motor vehicle if, at the time of that transportation or possession,
any of the following applies:
(1)
The person is under the influence of alcohol, a drug of abuse, or a
combination of them.
(2)
The person's whole blood, blood serum or plasma, breath, or urine
contains a concentration of alcohol, a listed controlled substance,
or a listed metabolite of a controlled substance prohibited for
persons operating a vehicle, as specified in division (A) of section
4511.19 of the Revised Code, regardless of whether the person at the
time of the transportation or possession as described in this
division is the operator of or a passenger in the motor vehicle.
(E)
No person who has been issued a concealed handgun license or who is
an active duty member of the armed forces of the United States and is
carrying a valid military identification card and documentation of
successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section
2923.125 of the Revised Code, who is the driver or an occupant of a
motor vehicle that is stopped as a result of a traffic stop or a stop
for another law enforcement purpose or is the driver or an occupant
of a commercial motor vehicle that is stopped by an employee of the
motor carrier enforcement unit for the purposes defined in section
5503.34 of the Revised Code, and who is transporting or has a loaded
handgun in the motor vehicle or commercial motor vehicle in any
manner, shall do any of the following:
(1)
Before or at the time a law enforcement officer asks if the person is
carrying a concealed handgun, knowingly fail to disclose that the
person then possesses or has a loaded handgun in the motor vehicle,
provided that it is not a violation of this division if the person
fails to disclose that fact to an officer during the stop and the
person already has notified another officer of that fact during the
same stop;
(2)
Before or at the time an employee of the motor carrier enforcement
unit asks if the person is carrying a concealed handgun, knowingly
fail to disclose that the person then possesses or has a loaded
handgun in the commercial motor vehicle, provided that it is not a
violation of this division if the person fails to disclose that fact
to an employee of the unit during the stop and the person already has
notified another employee of the unit of that fact during the same
stop;
(3)
Knowingly fail to remain in the motor vehicle while stopped or
knowingly fail to keep the person's hands in plain sight at any time
after any law enforcement officer begins approaching the person while
stopped and before the law enforcement officer leaves, unless the
failure is pursuant to and in accordance with directions given by a
law enforcement officer;
(4)
Knowingly have contact with the loaded handgun by touching it with
the person's hands or fingers in the motor vehicle at any time after
the law enforcement officer begins approaching and before the law
enforcement officer leaves, unless the person has contact with the
loaded handgun pursuant to and in accordance with directions given by
the law enforcement officer;
(5)
Knowingly disregard or fail to comply with any lawful order of any
law enforcement officer given while the motor vehicle is stopped,
including, but not limited to, a specific order to the person to keep
the person's hands in plain sight.
(F)(1)
Divisions (A), (B), (C), and (E) of this section do not apply to any
of the following:
(a)
An officer, agent, or employee of this or any other state or the
United States, or a law enforcement officer, when authorized to carry
or have loaded or accessible firearms in motor vehicles and acting
within the scope of the officer's, agent's, or employee's duties;
(b)
Any person who is employed in this state, who is authorized to carry
or have loaded or accessible firearms in motor vehicles, and who is
subject to and in compliance with the requirements of section 109.801
of the Revised Code, unless the appointing authority of the person
has expressly specified that the exemption provided in division
(F)(1)(b) of this section does not apply to the person.
(2)
Division (A) of this section does not apply to a person if all of the
following circumstances apply:
(a)
The person discharges a firearm from a motor vehicle at a coyote or
groundhog, the discharge is not during the deer gun hunting season as
set by the chief of the division of wildlife of the department of
natural resources, and the discharge at the coyote or groundhog, but
for the operation of this section, is lawful.
(b)
The motor vehicle from which the person discharges the firearm is on
real property that is located in an unincorporated area of a township
and that either is zoned for agriculture or is used for agriculture.
(c)
The person owns the real property described in division (F)(2)(b) of
this section, is the spouse or a child of another person who owns
that real property, is a tenant of another person who owns that real
property, or is the spouse or a child of a tenant of another person
who owns that real property.
(d)
The person does not discharge the firearm in any of the following
manners:
(i)
While under the influence of alcohol, a drug of abuse, or alcohol and
a drug of abuse;
(ii)
In the direction of a street, highway, or other public or private
property used by the public for vehicular traffic or parking;
(iii)
At or into an occupied structure that is a permanent or temporary
habitation;
(iv)
In the commission of any violation of law, including, but not limited
to, a felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or physical
harm to another and that was committed by discharging a firearm from
a motor vehicle.
(3)
Division (A) of this section does not apply to a person if all of the
following apply:
(a)
The person possesses a valid
all-purpose
all-terrain
vehicle
permit issued under section 1533.103 of the Revised Code by the chief
of the division of wildlife.
(b)
The person discharges a firearm at a wild quadruped or game bird as
defined in section 1531.01 of the Revised Code during the open
hunting season for the applicable wild quadruped or game bird.
(c)
The person discharges a firearm from a stationary
all-purpose
all-terrain
vehicle
as
defined in section 1531.01 of the Revised Code
from
private or publicly owned lands or from a motor vehicle that is
parked on a road that is owned or administered by the division of
wildlife.
(d)
The person does not discharge the firearm in any of the following
manners:
(i)
While under the influence of alcohol, a drug of abuse, or alcohol and
a drug of abuse;
(ii)
In the direction of a street, a highway, or other public or private
property that is used by the public for vehicular traffic or parking;
(iii)
At or into an occupied structure that is a permanent or temporary
habitation;
(iv)
In the commission of any violation of law, including, but not limited
to, a felony that includes, as an essential element, purposely or
knowingly causing or attempting to cause the death of or physical
harm to another and that was committed by discharging a firearm from
a motor vehicle.
(4)
Divisions (B) and (C) of this section do not apply to a person if all
of the following circumstances apply:
(a)
At the time of the alleged violation of either of those divisions,
the person is the operator of or a passenger in a motor vehicle.
(b)
The motor vehicle is on real property that is located in an
unincorporated area of a township and that either is zoned for
agriculture or is used for agriculture.
(c)
The person owns the real property described in division (F)(4)(b) of
this section, is the spouse or a child of another person who owns
that real property, is a tenant of another person who owns that real
property, or is the spouse or a child of a tenant of another person
who owns that real property.
(d)
The person, prior to arriving at the real property described in
division (F)(4)(b) of this section, did not transport or possess a
firearm in the motor vehicle in a manner prohibited by division (B)
or (C) of this section while the motor vehicle was being operated on
a street, highway, or other public or private property used by the
public for vehicular traffic or parking.
(5)
Divisions (B) and (C) of this section do not apply to a person who
transports or possesses a handgun in a motor vehicle if, at the time
of that transportation or possession, both of the following apply:
(a)
The person transporting or possessing the handgun has been issued a
concealed handgun license that is valid at the time in question or
the person is an active duty member of the armed forces of the United
States and is carrying a valid military identification card and
documentation of successful completion of firearms training that
meets or exceeds the training requirements described in division
(G)(1) of section 2923.125 of the Revised Code.
(b)
The person transporting or possessing the handgun is not knowingly in
a place described in division (B) of section 2923.126 of the Revised
Code.
(6)
Divisions (B) and (C) of this section do not apply to a person if all
of the following apply:
(a)
The person possesses a valid
all-purpose
all-terrain
vehicle
permit issued under section 1533.103 of the Revised Code by the chief
of the division of wildlife.
(b)
The person is on or in an
all-purpose
all-terrain
vehicle
as
defined in section 1531.01 of the Revised Code
or
a motor vehicle during the open hunting season for a wild quadruped
or game bird.
(c)
The person is on or in an
all-purpose
all-terrain
vehicle
as
defined in section 1531.01 of the Revised Code
on
private or publicly owned lands or on or in a motor vehicle that is
parked on a road that is owned or administered by the division of
wildlife.
(7)
Nothing in this section prohibits or restricts a person from
possessing, storing, or leaving a firearm in a locked motor vehicle
that is parked in the state underground parking garage at the state
capitol building or in the parking garage at the Riffe center for
government and the arts in Columbus, if the person's transportation
and possession of the firearm in the motor vehicle while traveling to
the premises or facility was not in violation of division (A), (B),
(C), (D), or (E) of this section or any other provision of the
Revised Code.
(G)(1)
The affirmative defenses authorized in divisions (D)(1) and (2) of
section 2923.12 of the Revised Code are affirmative defenses to a
charge under division (B) or (C) of this section that involves a
firearm other than a handgun.
(2)
It is an affirmative defense to a charge under division (B) or (C) of
this section of improperly handling firearms in a motor vehicle that
the actor transported or had the firearm in the motor vehicle for any
lawful purpose and while the motor vehicle was on the actor's own
property, provided that this affirmative defense is not available
unless the person, immediately prior to arriving at the actor's own
property, did not transport or possess the firearm in a motor vehicle
in a manner prohibited by division (B) or (C) of this section while
the motor vehicle was being operated on a street, highway, or other
public or private property used by the public for vehicular traffic.
(H)(1)
No person who is charged with a violation of division (B), (C), or
(D) of this section shall be required to obtain a concealed handgun
license as a condition for the dismissal of the charge.
(2)(a)
If a person is convicted of, was convicted of, pleads guilty to, or
has pleaded guilty to a violation of division (E) of this section as
it existed prior to September 30, 2011, and the conduct that was the
basis of the violation no longer would be a violation of division (E)
of this section on or after September 30, 2011, or if a person is
convicted of, was convicted of, pleads guilty to, or has pleaded
guilty to a violation of division (E)(1) or (2) of this section as it
existed prior to June 13, 2022, the person may file an application
under section 2953.35 of the Revised Code requesting the expungement
of the record of conviction.
If
a person is convicted of, was convicted of, pleads guilty to, or has
pleaded guilty to a violation of division (B) or (C) of this section
as the division existed prior to September 30, 2011, and if the
conduct that was the basis of the violation no longer would be a
violation of division (B) or (C) of this section on or after
September 30, 2011, due to the application of division (F)(5) of this
section as it exists on and after September 30, 2011, the person may
file an application under section 2953.35 of the Revised Code
requesting the expungement of the record of conviction.
(b)
The attorney general shall develop a public media advisory that
summarizes the expungement procedure established under section
2953.35 of the Revised Code and the offenders identified in division
(H)(2)(a) of this section and those identified in division (E)(2) of
section 2923.12 of the Revised Code who are authorized to apply for
the expungement. Within thirty days after September 30, 2011, with
respect to violations of division (B), (C), or (E) of this section as
they existed prior to that date, and within thirty days after June
13, 2022, with respect to a violation of division (E)(1) or (2) of
this section or division (B)(1) of section 2923.12 of the Revised
Code as they existed prior to June 13, 2022, the attorney general
shall provide a copy of the advisory to each daily newspaper
published in this state and each television station that broadcasts
in this state. The attorney general may provide the advisory in a
tangible form, an electronic form, or in both tangible and electronic
forms.
(I)
Whoever violates this section is guilty of improperly handling
firearms in a motor vehicle. A violation of division (A) of this
section is a felony of the fourth degree. A violation of division (C)
of this section is a misdemeanor of the fourth degree. A violation of
division (D) of this section is a felony of the fifth degree or, if
the loaded handgun is concealed on the person's person, a felony of
the fourth degree. A violation of division (E)(1) or (2) of this
section is a misdemeanor of the second degree. A violation of
division (E)(4) of this section is a felony of the fifth degree. A
violation of division (E)(3) or (5) of this section is a misdemeanor
of the first degree or, if the offender previously has been convicted
of or pleaded guilty to a violation of division (E)(3) or (5) of this
section, a felony of the fifth degree. In addition to any other
penalty or sanction imposed for a misdemeanor violation of division
(E)(3) or (5) of this section, the offender's concealed handgun
license shall be suspended pursuant to division (A)(2) of section
2923.128 of the Revised Code. A violation of division (B) of this
section is a felony of the fourth degree.
(J)
If a law enforcement officer stops a motor vehicle for a traffic stop
or any other purpose, if any person in the motor vehicle surrenders a
firearm to the officer, either voluntarily or pursuant to a request
or demand of the officer, and if the officer does not charge the
person with a violation of this section or arrest the person for any
offense, the person is not otherwise prohibited by law from
possessing the firearm, and the firearm is not contraband, the
officer shall return the firearm to the person at the termination of
the stop. If a court orders a law enforcement officer to return a
firearm to a person pursuant to the requirement set forth in this
division, division (B) of section 2923.163 of the Revised Code
applies.
(K)
As used in this section:
(1)
"Motor vehicle," "street," and "highway"
have the same meanings as in section 4511.01 of the Revised Code.
(2)
"Occupied structure" has the same meaning as in section
2909.01 of the Revised Code.
(3)
"Agriculture" has the same meaning as in section 519.01 of
the Revised Code.
(4)
"Tenant" has the same meaning as in section 1531.01 of the
Revised Code.
(5)(a)
"Unloaded" means, with respect to a firearm other than a
firearm described in division (K)(6) of this section, that no
ammunition is in the firearm in question, no magazine or speed loader
containing ammunition is inserted into the firearm in question, and
one of the following applies:
(i)
There is no ammunition in a magazine or speed loader that is in the
vehicle in question and that may be used with the firearm in
question.
(ii)
Any magazine or speed loader that contains ammunition and that may be
used with the firearm in question is stored in a compartment within
the vehicle in question that cannot be accessed without leaving the
vehicle or is stored in a container that provides complete and
separate enclosure.
(b)
For the purposes of division (K)(5)(a)(ii) of this section, a
"container that provides complete and separate enclosure"
includes, but is not limited to, any of the following:
(i)
A package, box, or case with multiple compartments, as long as the
loaded magazine or speed loader and the firearm in question either
are in separate compartments within the package, box, or case, or, if
they are in the same compartment, the magazine or speed loader is
contained within a separate enclosure in that compartment that does
not contain the firearm and that closes using a snap, button, buckle,
zipper, hook and loop closing mechanism, or other fastener that must
be opened to access the contents or the firearm is contained within a
separate enclosure of that nature in that compartment that does not
contain the magazine or speed loader;
(ii)
A pocket or other enclosure on the person of the person in question
that closes using a snap, button, buckle, zipper, hook and loop
closing mechanism, or other fastener that must be opened to access
the contents.
(c)
For the purposes of divisions (K)(5)(a) and (b) of this section,
ammunition held in stripper-clips or in en-bloc clips is not
considered ammunition that is loaded into a magazine or speed loader.
(6)
"Unloaded" means, with respect to a firearm employing a
percussion cap, flintlock, or other obsolete ignition system, when
the weapon is uncapped or when the priming charge is removed from the
pan.
(7)
"Commercial motor vehicle" has the same meaning as in
division (A) of section 4506.25 of the Revised Code.
(8)
"Motor carrier enforcement unit" means the motor carrier
enforcement unit in the department of public safety, division of
state highway patrol, that is created by section 5503.34 of the
Revised Code.
(9)
"All-terrain vehicle" has the same meaning as in section
4519.01 of the Revised Code.
(L)
Divisions (K)(5)(a) and (b) of this section do not affect the
authority of a person who has been issued a concealed handgun license
that is valid at the time in question to have one or more magazines
or speed loaders containing ammunition anywhere in a vehicle, without
being transported as described in those divisions, as long as no
ammunition is in a firearm, other than a handgun, in the vehicle
other than as permitted under any other provision of this chapter. A
person who has been issued a concealed handgun license that is valid
at the time in question may have one or more magazines or speed
loaders containing ammunition anywhere in a vehicle without further
restriction, as long as no ammunition is in a firearm, other than a
handgun, in the vehicle other than as permitted under any provision
of this chapter.
Sec.
4501.01.
As
used in this chapter and Chapters 4503., 4505., 4507., 4509., 4510.,
4511., 4513., 4515., and 4517. of the Revised Code, and in the penal
laws, except as otherwise provided:
(A)
"Vehicles" means everything on wheels or runners, including
motorized bicycles, but does not mean electric personal assistive
mobility devices, low-speed micromobility devices, vehicles that are
operated exclusively on rails or tracks or from overhead electric
trolley wires, and vehicles that belong to any police department,
municipal fire department, or volunteer fire department, or that are
used by such a department in the discharge of its functions.
(B)
"Motor vehicle" means any vehicle, including mobile homes
and recreational vehicles, that is propelled or drawn by power other
than muscular power or power collected from overhead electric trolley
wires. "Motor vehicle" does not include utility vehicles as
defined in division (VV) of this section, under-speed vehicles as
defined in division (XX) of this section, mini-trucks as defined in
division (BBB) of this section, motorized bicycles, electric
bicycles, road rollers, traction engines, power shovels, power
cranes, and other equipment used in construction work and not
designed for or employed in general highway transportation,
well-drilling machinery, ditch-digging machinery, farm machinery, and
trailers that are designed and used exclusively to transport a boat
between a place of storage and a marina, or in and around a marina,
when drawn or towed on a public road or highway for a distance of no
more than ten miles and at a speed of twenty-five miles per hour or
less.
(C)
"Agricultural tractor" and "traction engine" mean
any self-propelling vehicle that is designed or used for drawing
other vehicles or wheeled machinery, but has no provisions for
carrying loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D)
"Commercial tractor," except as defined in division (C) of
this section, means any motor vehicle that has motive power and
either is designed or used for drawing other motor vehicles, or is
designed or used for drawing another motor vehicle while carrying a
portion of the other motor vehicle or its load, or both.
(E)
"Passenger car" means any motor vehicle that is designed
and used for carrying not more than nine persons and includes any
motor vehicle that is designed and used for carrying not more than
fifteen persons in a ridesharing arrangement.
(F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special interest,
that has a fair market value of one hundred dollars or more, whether
operable or not, and that is owned, operated, collected, preserved,
restored, maintained, or used essentially as a collector's item,
leisure pursuit, or investment, but not as the owner's principal
means of transportation. "Licensed collector's vehicle"
means a collector's vehicle, other than an agricultural tractor or
traction engine, that displays current, valid license tags issued
under section 4503.45 of the Revised Code, or a similar type of motor
vehicle that displays current, valid license tags issued under
substantially equivalent provisions in the laws of other states.
(G)
"Historical motor vehicle" means any motor vehicle that is
over twenty-five years old and is owned solely as a collector's item
and for participation in club activities, exhibitions, tours,
parades, and similar uses, but that in no event is used for general
transportation.
(H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the Revised
Code, that is designed by the manufacturer to carry a load of no more
than one ton and is used exclusively for purposes other than engaging
in business for profit.
(I)
"Bus" means any motor vehicle that has motor power and is
designed and used for carrying more than nine passengers, except any
motor vehicle that is designed and used for carrying not more than
fifteen passengers in a ridesharing arrangement.
(J)
"Commercial car" or "truck" means any motor
vehicle that has motor power and is designed and used for carrying
merchandise or freight, or that is used as a commercial tractor.
(K)
"Bicycle" means every device, other than a device that is
designed solely for use as a play vehicle by a child, that is
propelled solely by human power upon which a person may ride, and
that has two or more wheels, any of which is more than fourteen
inches in diameter.
(L)
"Motorized bicycle" or "moped" means any vehicle
that either has two tandem wheels or one wheel in the front and two
wheels in the rear, that may be pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces no more than one brake horsepower and is
capable of propelling the vehicle at a speed of no greater than
twenty miles per hour on a level surface. "Motorized bicycle"
or "moped" does not include an electric bicycle.
(M)
"Trailer" means any vehicle without motive power that is
designed or used for carrying property or persons wholly on its own
structure and for being drawn by a motor vehicle, and includes any
such vehicle that is formed by or operated as a combination of a
semitrailer and a vehicle of the dolly type such as that commonly
known as a trailer dolly, a vehicle used to transport agricultural
produce or agricultural production materials between a local place of
storage or supply and the farm when drawn or towed on a public road
or highway at a speed greater than twenty-five miles per hour, and a
vehicle that is designed and used exclusively to transport a boat
between a place of storage and a marina, or in and around a marina,
when drawn or towed on a public road or highway for a distance of
more than ten miles or at a speed of more than twenty-five miles per
hour. "Trailer" does not include a manufactured home or
travel trailer.
(N)
"Noncommercial trailer" means any trailer, except a travel
trailer or trailer that is used to transport a boat as described in
division (B) of this section, but, where applicable, includes a
vehicle that is used to transport a boat as described in division (M)
of this section, that has a gross weight of no more than ten thousand
pounds, and that is used exclusively for purposes other than engaging
in business for a profit, such as the transportation of personal
items for personal or recreational purposes.
(O)
"Mobile home" means a building unit or assembly of closed
construction that is fabricated in an off-site facility, is more than
thirty-five body feet in length or, when erected on site, is three
hundred twenty or more square feet, is built on a permanent chassis,
is transportable in one or more sections, and does not qualify as a
manufactured home as defined in division (C)(4) of section 3781.06 of
the Revised Code or as an industrialized unit as defined in division
(C)(3) of section 3781.06 of the Revised Code.
(P)
"Semitrailer" means any vehicle of the trailer type that
does not have motive power and is so designed or used with another
and separate motor vehicle that in operation a part of its own weight
or that of its load, or both, rests upon and is carried by the other
vehicle furnishing the motive power for propelling itself and the
vehicle referred to in this division, and includes, for the purpose
only of registration and taxation under those chapters, any vehicle
of the dolly type, such as a trailer dolly, that is designed or used
for the conversion of a semitrailer into a trailer.
(Q)
"Recreational vehicle" means a vehicular portable structure
that meets all of the following conditions:
(1)
It is designed for the sole purpose of recreational travel.
(2)
It is not used for the purpose of engaging in business for profit.
(3)
It is not used for the purpose of engaging in intrastate commerce.
(4)
It is not used for the purpose of commerce as defined in 49 C.F.R.
383.5, as amended.
(5)
It is not regulated by the public utilities commission pursuant to
Chapter 4905., 4921., or 4923. of the Revised Code.
(6)
It is classed as one of the following:
(a)
"Travel trailer" or "house vehicle" means a
nonself-propelled recreational vehicle that does not exceed an
overall length of forty feet, exclusive of bumper and tongue or
coupling. "Travel trailer" includes a tent-type fold-out
camping trailer as defined in section 4517.01 of the Revised Code.
(b)
"Motor home" means a self-propelled recreational vehicle
that has no fifth wheel and is constructed with permanently installed
facilities for cold storage, cooking and consuming of food, and for
sleeping.
(c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to be
placed upon and attached to a motor vehicle. "Truck camper"
does not include truck covers that consist of walls and a roof, but
do not have floors and facilities enabling them to be used as a
dwelling.
(d)
"Fifth wheel trailer" means a vehicle that is of such size
and weight as to be movable without a special highway permit, that is
constructed with a raised forward section that allows a bi-level
floor plan, and that is designed to be towed by a vehicle equipped
with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(e)
"Park trailer" means a vehicle that is commonly known as a
park model recreational vehicle, meets the American national standard
institute standard A119.5 (1988) for park trailers, is built on a
single chassis, has a gross trailer area of four hundred square feet
or less when set up, is designed for seasonal or temporary living
quarters, and may be connected to utilities necessary for the
operation of installed features and appliances.
(R)
"Pneumatic tires" means tires of rubber and fabric or tires
of similar material, that are inflated with air.
(S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of the
load.
(T)
"Solid tire vehicle" means any vehicle that is equipped
with two or more solid tires.
(U)
"Farm machinery" means all machines and tools that are used
in the production, harvesting, and care of farm products, and
includes trailers that are used to transport agricultural produce or
agricultural production materials between a local place of storage or
supply and the farm, agricultural tractors, threshing machinery,
hay-baling machinery, corn shellers, hammermills, and machinery used
in the production of horticultural, agricultural, and vegetable
products.
(V)
"Owner" includes any person or firm, other than a
manufacturer or dealer, that has title to a motor vehicle, except
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"
includes in addition manufacturers and dealers.
(W)
"Manufacturer" and "dealer" include all persons
and firms that are regularly engaged in the business of
manufacturing, selling, displaying, offering for sale, or dealing in
motor vehicles, at an established place of business that is used
exclusively for the purpose of manufacturing, selling, displaying,
offering for sale, or dealing in motor vehicles. A place of business
that is used for manufacturing, selling, displaying, offering for
sale, or dealing in motor vehicles shall be deemed to be used
exclusively for those purposes even though snowmobiles or
all-purpose
all-terrain
vehicles
are sold or displayed for sale thereat, even though farm machinery is
sold or displayed for sale thereat, or even though repair, accessory,
gasoline and oil, storage, parts, service, or paint departments are
maintained thereat, or, in any county having a population of less
than seventy-five thousand at the last federal census, even though a
department in a place of business is used to dismantle, salvage, or
rebuild motor vehicles by means of used parts, if such departments
are operated for the purpose of furthering and assisting in the
business of manufacturing, selling, displaying, offering for sale, or
dealing in motor vehicles. Places of business or departments in a
place of business used to dismantle, salvage, or rebuild motor
vehicles by means of using used parts are not considered as being
maintained for the purpose of assisting or furthering the
manufacturing, selling, displaying, and offering for sale or dealing
in motor vehicles.
(X)
"Operator" includes any person who drives or operates a
motor vehicle upon the public highways.
(Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by another.
Any operator of a motor vehicle who is voluntarily involved in a
ridesharing arrangement is not considered an employee for hire or
operating such vehicle for gain, compensation, or profit.
(Z)
"State" includes the territories and federal districts of
the United States, and the provinces of Canada.
(AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB)
"Manufacturer's number" means the manufacturer's original
serial number that is affixed to or imprinted upon the chassis or
other part of the motor vehicle.
(CC)
"Motor number" means the manufacturer's original number
that is affixed to or imprinted upon the engine or motor of the
vehicle.
(DD)
"Distributor" means any person who is authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
motor vehicle dealers at an established place of business that is
used exclusively for the purpose of distributing new motor vehicles
to licensed motor vehicle dealers, except when the distributor also
is a new motor vehicle dealer, in which case the distributor may
distribute at the location of the distributor's licensed dealership.
(EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is incidental to
another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.
(FF)
"Apportionable vehicle" means any vehicle that is used or
intended for use in two or more international registration plan
member jurisdictions that allocate or proportionally register
vehicles, that is used for the transportation of persons for hire or
designed, used, or maintained primarily for the transportation of
property, and that meets any of the following qualifications:
(1)
Is a power unit having a gross vehicle weight in excess of twenty-six
thousand pounds;
(2)
Is a power unit having three or more axles, regardless of the gross
vehicle weight;
(3)
Is a combination vehicle with a gross vehicle weight in excess of
twenty-six thousand pounds.
"Apportionable
vehicle" does not include recreational vehicles, vehicles
displaying restricted plates, city pick-up and delivery vehicles, or
vehicles owned and operated by the United States, this state, or any
political subdivisions thereof.
(GG)
"Chartered party" means a group of persons who contract as
a group to acquire the exclusive use of a passenger-carrying motor
vehicle at a fixed charge for the vehicle in accordance with the
carrier's tariff, lawfully on file with the United States department
of transportation, for the purpose of group travel to a specified
destination or for a particular itinerary, either agreed upon in
advance or modified by the chartered group after having left the
place of origin.
(HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the American
association of motor vehicle administrators, and that promotes and
encourages the fullest possible use of the highway system by
authorizing apportioned registration of fleets of vehicles and
recognizing registration of vehicles apportioned in member
jurisdictions.
(II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (J) of
section 4503.04 of the Revised Code.
(JJ)
"Gross vehicle weight," with regard to any commercial car,
trailer, semitrailer, or bus that is taxed at the rates established
under section 4503.042 or 4503.65 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum weight
of the load to be carried on the vehicle.
(KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that is
taxed at the rates established under section 4503.042 or 4503.65 of
the Revised Code, means the total unladen weight of the combination
of vehicles fully equipped plus the maximum weight of the load to be
carried on that combination of vehicles.
(LL)
"Chauffeured limousine" means a motor vehicle that is
designed to carry nine or fewer passengers and is operated for hire
pursuant to a prearranged contract for the transportation of
passengers on public roads and highways along a route under the
control of the person hiring the vehicle and not over a defined and
regular route. "Prearranged contract" means an agreement,
made in advance of boarding, to provide transportation from a
specific location in a chauffeured limousine. "Chauffeured
limousine" does not include any vehicle that is used exclusively
in the business of funeral directing.
(MM)
"Manufactured home" has the same meaning as in division
(C)(4) of section 3781.06 of the Revised Code.
(NN)
"Acquired situs," with respect to a manufactured home or a
mobile home, means to become located in this state by the placement
of the home on real property, but does not include the placement of a
manufactured home or a mobile home in the inventory of a new motor
vehicle dealer or the inventory of a manufacturer, remanufacturer, or
distributor of manufactured or mobile homes.
(OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails capabilities similar to these technologies.
(PP)
"Electronic record" means a record generated, communicated,
received, or stored by electronic means for use in an information
system or for transmission from one information system to another.
(QQ)
"Electronic signature" means a signature in electronic form
attached to or logically associated with an electronic record.
(RR)
"Financial transaction device" has the same meaning as in
division (A) of section 113.40 of the Revised Code.
(SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor vehicles determines meets the criteria designated
in section 4503.035 of the Revised Code for electronic motor vehicle
dealers and designates as an electronic motor vehicle dealer under
that section.
(TT)
"Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled device that is designed to
transport only one person, has an electric propulsion system of an
average of seven hundred fifty watts, and when ridden on a paved
level surface by an operator who weighs one hundred seventy pounds
has a maximum speed of less than twenty miles per hour.
(UU)
"Limited driving privileges" means the privilege to operate
a motor vehicle that a court grants under section 4510.021 of the
Revised Code to a person whose driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended.
(VV)
"Utility vehicle" means a self-propelled vehicle
with
not less than four wheels, including a vehicle commonly known as a
side-by-side,
designed
with
a bed, principally for the purpose of transporting material or cargo
in connection with construction, agricultural, forestry, grounds
maintenance, lawn and garden, materials handling, or similar
activities
primarily
for off-road use, that has non-straddle seating and a steering wheel
for steering control
.
(WW)
"Low-speed vehicle" means a three- or four-wheeled motor
vehicle with an attainable speed in one mile on a paved level surface
of more than twenty miles per hour but not more than twenty-five
miles per hour and with a gross vehicle weight rating less than three
thousand pounds.
(XX)
"Under-speed vehicle" means a three- or four-wheeled
vehicle, including a vehicle commonly known as a golf cart, with an
attainable speed on a paved level surface of not more than twenty
miles per hour and with a gross vehicle weight rating less than three
thousand pounds.
(YY)
"Motor-driven cycle or motor scooter" means any vehicle
designed to travel on not more than three wheels in contact with the
ground, with a seat for the driver and floor pad for the driver's
feet, and is equipped with a motor with a piston displacement between
fifty and one hundred cubic centimeters piston displacement that
produces not more than five brake horsepower and is capable of
propelling the vehicle at a speed greater than twenty miles per hour
on a level surface.
(ZZ)
"Motorcycle" means a motor vehicle with motive power having
a seat or saddle for the use of the operator, designed to travel on
not more than three wheels in contact with the ground, and having no
occupant compartment top or occupant compartment top that can be
installed or removed by the user.
(AAA)
"Cab-enclosed motorcycle" means a motor vehicle with motive
power having a seat or saddle for the use of the operator, designed
to travel on not more than three wheels in contact with the ground,
and having an occupant compartment top or an occupant compartment top
that is installed.
(BBB)
"Mini-truck" means a vehicle that has four wheels, is
propelled by an electric motor with a rated power of seven thousand
five hundred watts or less or an internal combustion engine with a
piston displacement capacity of six hundred sixty cubic centimeters
or less, has a total dry weight of nine hundred to two thousand two
hundred pounds, contains an enclosed cabin and a seat for the vehicle
operator, resembles a pickup truck or van with a cargo area or bed
located at the rear of the vehicle, and was not originally
manufactured to meet federal motor vehicle safety standards.
(CCC)
"Autocycle" means a three-wheeled motorcycle that is
manufactured to comply with federal safety requirements for
motorcycles and that is equipped with safety belts, a steering wheel,
and seating that does not require the operator to straddle or sit
astride to ride the motorcycle.
(DDD)
"Plug-in hybrid electric motor vehicle" means a passenger
car powered in part by a battery cell energy system that can be
recharged via an external source of electricity.
(EEE)
"Hybrid motor vehicle" means a passenger car powered by an
internal propulsion system consisting of both of the following:
(1)
A combustion engine;
(2)
A battery cell energy system that cannot be recharged via an external
source of electricity but can be recharged by other vehicle
mechanisms that capture and store electric energy.
(FFF)
"Low-speed micromobility device" means a device weighing
less than one hundred pounds that has handlebars, is propelled by an
electric motor or human power, and has an attainable speed on a paved
level surface of not more than twenty miles per hour when propelled
by the electric motor.
(GGG)
"Specialty license plate" means a license plate, authorized
by the general assembly, that displays a combination of words,
markings, logos, or other graphic artwork that is in addition to the
words, images, and distinctive numbers and letters required by
section 4503.22 of the Revised Code.
(HHH)
"Battery electric motor vehicle" means a passenger car
powered wholly by a battery cell energy system that can be recharged
via an external source of electricity.
(III)
"Adaptive mobility vehicle" means either a new passenger
car or bus purchased from a new motor vehicle dealer or a used
passenger car or bus, provided that such passenger car or bus is
designed, modified, or equipped to enable an individual with a
disability to operate or to be transported in the passenger car or
bus, in accordance with 49 C.F.R. part 568 or 595, and contains at
least one of the following:
(1)
An electronic or mechanical lift that enables a person to enter or
exit the motor vehicle while occupying a wheelchair or scooter;
(2)
An electronic or mechanical wheelchair ramp;
(3)
A system to secure a wheelchair or scooter in order to allow a person
to operate or be transported safely while occupying that wheelchair
or scooter.
Sec.
4501.13.
(A)
The motorcycle safety and education fund is hereby created in the
state treasury. The fund shall consist of the following:
(1)
Six dollars of each registration fee designated for payment to the
registrar of motor vehicles in division
(A)(1)(b)
(A)(2)
of
section 4503.04 of the Revised Code;
(2)
The tuition fees collected by the director of public safety under
section 4508.08 of the Revised Code for the motorcycle safety and
education program;
(3)
The fees collected for the initial authorization of a private
organization or corporation to offer a nationally recognized
motorcycle operator training course or curriculum under section
4508.08 of the Revised Code;
(4)
The fees collected for the initial state certification of an
instructor of motorcycle operator training course or curriculum under
section 4508.08 of the Revised Code;
(5)
The fees collected for the two-year program evaluation required under
division (C) of section 4508.08 of the Revised Code for a private
organization or corporation to continue to offer a nationally
recognized motorcycle operator training course or curriculum under
that section.
All
investment earnings of the motorcycle safety and education fund shall
be credited to the fund.
(B)
The fund shall be used solely to pay part or all of the costs of
conducting the motorcycle safety and education program created by
section 4508.08 of the Revised Code.
Sec.
4503.01.
(A)
"Motor
vehicle" as defined in section 4505.01 of the Revised Code
applies to sections 4503.02 to 4503.10, and 4503.12 to 4503.18 of the
Revised Code.
For
(B)
For
the
purposes of sections 4503.02 to 4503.04, 4503.10 to 4503.12,
4503.182, 4503.19, 4503.21, 4503.22, and 4503.25 of the Revised Code,
the term "motor vehicle" also includes
a
all
of the following:
(1)
A
motorized
bicycle
and
a
or
moped;
(2)
A motor-driven cycle or motor scooter;
(3)
A
trailer
or semitrailer whose weight is four thousand pounds or less
;
(4)
An under-speed vehicle when a local authority authorizes its
operation on a public street or highway in accordance with section
4511.214 of the Revised Code
.
(C)
As
used in this chapter, "motor vehicle" does not include a
concrete pump or a concrete conveyor.
Sec.
4503.038.
(A)
Not
later than ninety days after July 3, 2019, the
The
registrar
of motor vehicles shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing a service fee that applies for
purposes of sections 4503.03, 4503.036, 4503.042, 4503.10, 4503.102,
4503.12, 4503.182, 4503.24, 4503.44, 4503.65, 4505.061, 4506.08,
4507.24, 4507.50, 4507.52, 4509.05, 4519.03, 4519.05, 4519.10,
4519.56, and 4519.69 of the Revised Code. The service fee shall be
five dollars.
(B)
Not later than ninety days after
July
3, 2019
the
effective date of this amendment
,
the registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing prorated service fees that apply for
purposes of multi-year registrations authorized under
section
sections
4503.103
and
4519.041
of
the Revised Code.
Sec.
4503.04.
Except
as provided in sections 4503.042 and 4503.65 of the Revised Code for
the registration of commercial cars, trailers, semitrailers, and
certain buses, the rates of the taxes imposed by section 4503.02 of
the Revised Code shall be as follows:
(A)(1)
For
motor vehicles having three wheels or less, the license tax is:
(a)
For
each motorized bicycle or moped, ten dollars;
(b)
(2)
For
each motorcycle, autocycle, cab-enclosed motorcycle, motor-driven
cycle, or motor scooter, fourteen dollars.
(2)
(3)
For
each low-speed
,
vehicle
or
under-speed
,
and utility
vehicle,
and
each mini-truck,
ten
dollars.
(B)
For each passenger car, twenty dollars;
(C)
For each manufactured home, each mobile home, and each travel trailer
or house vehicle, ten dollars;
(D)
For each noncommercial motor vehicle designed by the manufacturer to
carry a load of no more than three-quarters of one ton and for each
motor home, thirty-five dollars; for each noncommercial motor vehicle
designed by the manufacturer to carry a load of more than
three-quarters of one ton, but not more than one ton, seventy
dollars;
(E)
For each noncommercial trailer, the license tax is:
(1)
Eighty-five cents for each one hundred pounds or part thereof for the
first two thousand pounds or part thereof of weight of vehicle fully
equipped;
(2)
One dollar and forty cents for each one hundred pounds or part
thereof in excess of two thousand pounds up to and including ten
thousand pounds.
(F)
Notwithstanding its weight, twelve dollars for any:
(1)
Vehicle equipped, owned, and used by a charitable or nonprofit
corporation exclusively for the purpose of administering chest x-rays
or receiving blood donations;
(2)
Van used principally for the transportation of persons with
disabilities that has been modified by being equipped with adaptive
equipment to facilitate the movement of such persons into and out of
the van;
(3)
Bus used principally for the transportation of persons with
disabilities or persons sixty-five years of age or older.
(G)
Notwithstanding its weight, twenty dollars for any bus used
principally for the transportation of persons in a ridesharing
arrangement.
(H)
For each transit bus having motor power the license tax is twelve
dollars.
"Transit
bus" means either a motor vehicle having a seating capacity of
more than seven persons which is operated and used by any person in
the rendition of a public mass transportation service primarily in a
municipal corporation or municipal corporations and provided at least
seventy-five per cent of the annual mileage of such service and use
is within such municipal corporation or municipal corporations or a
motor vehicle having a seating capacity of more than seven persons
which is operated solely for the transportation of persons associated
with a charitable or nonprofit corporation, but does not mean any
motor vehicle having a seating capacity of more than seven persons
when such vehicle is used in a ridesharing capacity or any bus
described by division (F)(3) of this section.
The
application for registration of such transit bus shall be accompanied
by an affidavit prescribed by the registrar of motor vehicles and
signed by the person or an agent of the firm or corporation operating
such bus stating that the bus has a seating capacity of more than
seven persons, and that it is either to be operated and used in the
rendition of a public mass transportation service and that at least
seventy-five per cent of the annual mileage of such operation and use
shall be within one or more municipal corporations or that it is to
be operated solely for the transportation of persons associated with
a charitable or nonprofit corporation.
The
form of the license plate, and the manner of its attachment to the
vehicle, shall be prescribed by the registrar of motor vehicles.
(I)
Except as otherwise provided in division (A) or (J) of this section,
the minimum tax for any vehicle having motor power is ten dollars and
eighty cents, and for each noncommercial trailer, five dollars.
(J)(1)
Except as otherwise provided in division (J) of this section, for
each farm truck, except a noncommercial motor vehicle, that is owned,
controlled, or operated by one or more farmers exclusively in farm
use as defined in this section, and not for commercial purposes, and
provided that at least seventy-five per cent of such farm use is by
or for the one or more owners, controllers, or operators of the farm
in the operation of which a farm truck is used, the license tax is
five dollars plus:
(a)
Fifty cents per one hundred pounds or part thereof for the first
three thousand pounds;
(b)
Seventy cents per one hundred pounds or part thereof in excess of
three thousand pounds up to and including four thousand pounds;
(c)
Ninety cents per one hundred pounds or part thereof in excess of four
thousand pounds up to and including six thousand pounds;
(d)
Two dollars for each one hundred pounds or part thereof in excess of
six thousand pounds up to and including ten thousand pounds;
(e)
Two dollars and twenty-five cents for each one hundred pounds or part
thereof in excess of ten thousand pounds;
(f)
The minimum license tax for any farm truck shall be twelve dollars.
(2)
The owner of a farm truck may register the truck for a period of
one-half year by paying one-half the registration tax imposed on the
truck under this chapter and one-half the amount of any tax imposed
on the truck under Chapter 4504. of the Revised Code.
(3)
A farm bus may be registered for a period of three hundred ten days
from the date of issue of the license plates for the bus, for a fee
of ten dollars, provided such license plates shall not be issued for
more than one such period in any calendar year. Such use does not
include the operation of trucks by commercial processors of
agricultural products.
(4)
License plates for farm trucks and for farm buses shall have some
distinguishing marks, letters, colors, or other characteristics to be
determined by the director of public safety.
(5)
Every person registering a farm truck or bus under this section shall
furnish an affidavit certifying that the truck or bus licensed to
that person is to be so used as to meet the requirements necessary
for the farm truck or farm bus classification.
Any
farmer may use a truck owned by the farmer for commercial purposes by
paying the difference between the commercial truck registration fee
and the farm truck registration fee for the remaining part of the
registration period for which the truck is registered. Such remainder
shall be calculated from the beginning of the semiannual period in
which application for such commercial license is made.
Taxes
at the rates provided in this section are in lieu of all taxes on or
with respect to the ownership of such motor vehicles, except as
provided in sections 4503.042, 4503.06, and 4503.65 of the Revised
Code.
(K)
Other than trucks registered under the international registration
plan in another jurisdiction and for which this state has received an
apportioned registration fee, the license tax for each truck which is
owned, controlled, or operated by a nonresident, and licensed in
another state, and which is used exclusively for the transportation
of nonprocessed agricultural products intrastate, from the place of
production to the place of processing, is twenty-four dollars.
"Truck,"
as used in this division, means any pickup truck, straight truck,
semitrailer, or trailer other than a travel trailer. Nonprocessed
agricultural products, as used in this division, does not include
livestock or grain.
A
license issued under this division shall be issued for a period of
one hundred thirty days in the same manner in which all other
licenses are issued under this section, provided that no truck shall
be so licensed for more than one one-hundred-thirty-day period during
any calendar year.
The
license issued pursuant to this division shall consist of a
windshield decal to be designed by the director of public safety.
Every
person registering a truck under this division shall furnish an
affidavit certifying that the truck licensed to the person is to be
used exclusively for the purposes specified in this division.
(L)
Every person registering a motor vehicle as a noncommercial motor
vehicle as defined in section 4501.01 of the Revised Code, or
registering a trailer as a noncommercial trailer as defined in that
section, shall furnish an affidavit certifying that the motor vehicle
or trailer so licensed to the person is to be so used as to meet the
requirements necessary for the noncommercial vehicle classification.
(M)
Every person registering a van or bus as provided in divisions (F)(2)
and (3) of this section shall furnish a notarized statement
certifying that the van or bus licensed to the person is to be used
for the purposes specified in those divisions. The form of the
license plate issued for such motor vehicles shall be prescribed by
the registrar.
(N)
Every person registering as a passenger car a motor vehicle designed
and used for carrying more than nine but not more than fifteen
passengers, and every person registering a bus as provided in
division (G) of this section, shall furnish an affidavit certifying
that the vehicle so licensed to the person is to be used in a
ridesharing arrangement and that the person will have in effect
whenever the vehicle is used in a ridesharing arrangement a policy of
liability insurance with respect to the motor vehicle in amounts and
coverages no less than those required by section 4509.79 of the
Revised Code. The form of the license plate issued for such a motor
vehicle shall be prescribed by the registrar.
(O)(1)
If an application for registration renewal is not applied for prior
to the expiration date of the registration or within thirty days
after that date, the registrar or deputy registrar shall collect a
fee of ten dollars for the issuance of the vehicle registration. For
any motor vehicle that is used on a seasonal basis, whether used for
general transportation or not, and that has not been used on the
public roads or highways since the expiration of the registration,
the registrar or deputy registrar shall waive the fee established
under this division if the application is accompanied by supporting
evidence of seasonal use as the registrar may require. The registrar
or deputy registrar may waive the fee for other good cause shown if
the application is accompanied by supporting evidence as the
registrar may require. The fee shall be in addition to all other fees
established by this section. A deputy registrar shall retain fifty
cents of the fee and shall transmit the remaining amount to the
registrar at the time and in the manner provided by section 4503.10
of the Revised Code. The registrar shall deposit all moneys received
under this division into the public safety - highway purposes fund
established in section 4501.06 of the Revised Code.
(2)
Division (O)(1) of this section does not apply to a farm truck or
farm bus registered under division (J) of this section.
(P)
As used in this section:
(1)
"Van" means any motor vehicle having a single rear axle and
an enclosed body without a second seat.
(2)
"Person with a disability" means any person who has lost
the use of one or both legs, or one or both arms, or is blind, deaf,
or unable to move about without the aid of crutches or a wheelchair.
(3)
"Farm truck" means a truck used in the transportation from
the farm of products of the farm, including livestock and its
products, poultry and its products, floricultural and horticultural
products, and in the transportation to the farm of supplies for the
farm, including tile, fence, and every other thing or commodity used
in agricultural, floricultural, horticultural, livestock, and poultry
production and livestock, poultry, and other animals and things used
for breeding, feeding, or other purposes connected with the operation
of the farm.
(4)
"Farm bus" means a bus used only for the transportation of
agricultural employees and used only in the transportation of such
employees as are necessary in the operation of the farm.
(5)
"Farm supplies" includes fuel used exclusively in the
operation of a farm, including one or more homes located on and used
in the operation of one or more farms, and furniture and other things
used in and around such homes.
Sec.
4503.10.
(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
division
(L) of this section and in
sections
4503.103 and 4503.107 of the Revised Code, every owner of
every
other
a
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
file
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
.
The registrar shall prescribe the
form
of
which
shall be prescribed by
the
registrar,
application
for registration for the following registration year
,
which shall begin
.
The registration year begins
on
the first day of January of every calendar year and
end
ends
on
the thirty-first day of December in the same year.
Applications
An
applicant shall file an application
for
registration and registration renewal
notices
shall be filed
notice
at
the
times
a
time
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
an
electronic
signature in accordance with rules adopted by the registrar. Except
as provided in division (J) of this section,
applications
an
applicant shall apply
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.
(8)
Whether the applicant wishes to certify willingness to make an
anatomical gift if an applicant has not so certified under section
2108.05 of the Revised Code. The applicant's response shall not be
considered in the decision of whether to approve the application for
registration.
(B)(1)
When an applicant first registers a motor vehicle in the applicant's
name, the applicant shall provide proof of ownership of that motor
vehicle. Proof of ownership may include any of the following:
(a)
The applicant may 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.
(b)
The applicant may present for inspection an electronic certificate of
title for the applicant's motor vehicle in a manner prescribed by
rules adopted by the registrar.
(c)
The registrar or deputy registrar may electronically confirm the
applicant's ownership of the motor vehicle.
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.
(2)
When a motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under it,
each application for registration for a vehicle required to be
inspected under that section and those rules shall be accompanied by
an inspection certificate for the motor vehicle issued in accordance
with that section.
(3)
An application for registration shall be refused if any of the
following applies:
(a)
The application is not in proper form.
(b)
The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division (B) of section 4510.22, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code.
(c)
Proof of ownership is required but is not presented or confirmed in
accordance with division (B)(1) of this section.
(d)
All registration and transfer fees for the motor vehicle, for the
preceding year or the preceding period of the current registration
year, have not been paid.
(e)
The owner or lessee does not have an inspection certificate for the
motor vehicle as provided in section 3704.14 of the Revised Code, and
rules adopted under it, if that section is applicable.
(4)
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.
(5)
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 or electronic
verification of ownership, 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.
(6)
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.
(7)
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, 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, the registrar
and deputy registrar shall collect an additional fee of thirty
dollars for each application for registration and registration
renewal received. No additional fee shall be charged for vehicles
registered under section 4503.65 of the Revised Code. 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 divisions (C)(1) and (3) 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 public safety - highway purposes 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.
(3)
The registrar and each deputy registrar shall collect the following
additional fee, as applicable, for each application for registration
or registration renewal received for any hybrid motor vehicle,
plug-in hybrid electric motor vehicle, or battery electric motor
vehicle:
(a)
One hundred dollars for a hybrid motor vehicle;
(b)
One hundred fifty dollars for a plug-in hybrid electric motor
vehicle;
(c)
Two hundred dollars for a battery electric motor vehicle.
Each
fee imposed under this division shall be prorated based on the number
of months for which the vehicle is registered. The registrar shall
transmit all money arising from each fee to the treasurer of state
for distribution in accordance with division (E) of section 5735.051
of the Revised Code, subject to division (D) of section 5735.05 of
the Revised Code.
(D)
Each deputy registrar shall be allowed a fee equal to the amount
established under section 4503.038 of the Revised Code 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 equal to the amount established under
section 4503.038 of the Revised Code 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.
(L)
The owner of every snowmobile, off-highway motorcycle, mini-truck,
utility vehicle, and all-terrain 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,
mini-truck, utility vehicle, and all-terrain 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.
Sec.
4503.191.
(A)(1)
The identification license plate shall be issued for a multi-year
period as determined by the director of public safety, and, except as
provided in division (A)(3) of this section, shall be accompanied by
a validation sticker, to be attached to the license plate. Except as
provided in divisions (A)(2) and (3) of this section, the validation
sticker shall indicate the expiration of the registration period to
which the motor vehicle for which the license plate is issued is
assigned, in accordance with rules adopted by the registrar of motor
vehicles. During each succeeding year of the multi-year period
following the issuance of the plate and validation sticker, upon the
filing of an application for registration and the payment of the tax
therefor, a validation sticker alone shall be issued. The validation
stickers required under this section shall be of different colors or
shades each year, the new colors or shades to be selected by the
director.
(2)(a)
The director shall develop a universal validation sticker that may be
issued to any owner of five hundred or more passenger vehicles, so
that a sticker issued to the owner may be placed on any passenger
vehicle in that owner's fleet. Beginning January 1, 2019, the
universal validation sticker shall not have an expiration date on it
and shall not need replaced at the time of registration, except in
the event of the loss, mutilation, or destruction of the validation
sticker. The director may establish and charge an additional fee of
not more than one dollar per registration to compensate for necessary
costs of the universal validation sticker program. The additional fee
shall be credited to the public safety - highway purposes fund
created in section 4501.06 of the Revised Code. The director shall
select the color or shade of the universal validation sticker.
(b)
A validation sticker issued for an
all-purpose
all-terrain
vehicle
,
mini-truck, or utility vehicle
that is registered under Chapter 4519. of the Revised Code, for a
noncommercial trailer that is permanently registered under section
4503.107 of the Revised Code, or for a trailer or semitrailer that is
permanently registered under division (A)(2) of section 4503.103 of
the Revised Code or is registered for any number of succeeding
registration years may indicate the expiration of the registration
period, if any, by any manner determined by the registrar by rule.
(3)
No validation sticker shall be issued, and a validation sticker is
not required for display, on the license plate of a nonapportioned
commercial tractor or any apportioned motor vehicle.
(B)
Identification license plates shall be produced by Ohio penal
industries. Validation stickers and county identification stickers
shall be produced by Ohio penal industries unless the registrar
adopts rules expressly permitting the registrar or deputy registrars
to provide for the printing or production of the stickers.
Sec.
4503.312.
As
used in this section:
(A)
"Utility trailer" means any trailer, except a travel
trailer or trailer for transporting watercraft, having a gross weight
of less than four thousand pounds.
(B)
"Snowmobile" and "
all-purpose
all-terrain
vehicle"
have the same meanings as in section 4519.01 of the Revised Code.
(C)
"Distributor" means any person authorized by a manufacturer
of utility trailers or trailers for transporting motorcycles,
snowmobiles, or
all-purpose
all-terrain
vehicles
to distribute new trailers to persons for purposes of resale.
A
manufacturer, distributor, or retail seller of utility trailers or
trailers for transporting motorcycles, snowmobiles, or
all-purpose
all-terrain
vehicles
may apply for registration with the registrar of motor vehicles for
each place in this state where the manufacturer, distributor, or
retail seller carries on the business of manufacturing, distributing,
or selling at retail such trailers. Applications for annual
registration shall be made at the time provided for payment of the
tax imposed by section 4503.09 of the Revised Code; shall be in the
manner to be prescribed by the registrar; and shall be accompanied by
an affidavit certifying that the applicant is a manufacturer,
distributor, or retail seller of utility trailers or trailers for
transporting motorcycles, snowmobiles, or
all-purpose
all-terrain
vehicles.
The fee for such registration shall be twenty-five dollars and shall
not be reduced when the registration is for a part of a year.
Upon
the filing of the application and affidavit, and payment of the fee
and appropriate postage as required by the registrar, the registrar
shall assign to the applicant a distinctive number which shall be
displayed on the rear of each trailer when it is operated on the
public highway. Any trailer for transporting motorcycles,
snowmobiles, or
all-purpose
all-terrain
vehicles
that is not loaded may be operated on the public highway until it is
sold or transferred; and any utility trailer that is not loaded, or
that is being used to transport another utility trailer for purposes
of demonstration or delivery, may be operated on the public highway
until it is sold or transferred.
At
the time the registrar assigns the distinctive number, the registrar
shall furnish one license plate with the number thereon. The
manufacturer, distributor, or retail seller may procure a reasonable
number of additional registration certificates upon the payment of a
fee of five dollars and postage. With each additional registration
certificate, the registrar shall furnish one license plate with the
same number provided in the original registration certificate, and
shall add thereto such special designation as necessary to
distinguish one license plate from another. All license plates
furnished by the registrar pursuant to this section shall be so
marked as to be distinguishable from license plates issued to dealers
in or manufacturers of motor vehicles or trailers for transporting
watercraft.
The
fees collected by the registrar pursuant to this section shall be
paid into the public safety - highway purposes fund established by
section 4501.06 of the Revised Code and used for the purposes
described in that section.
Sec.
4504.01.
As
used in this chapter:
(A)
"Motor vehicle" means all vehicles included within the
definition of motor vehicle in
sections
4501.01 and 4505.01
divisions
(A) and (B) of section 4503.01
of
the Revised Code
and also includes motorized bicycles
.
"Motor vehicle" does not include a concrete pump or a
concrete conveyor.
(B)
"County motor vehicle license tax" means a tax imposed by a
county pursuant to this chapter.
(C)
"Township motor vehicle license tax" means a tax imposed by
a township pursuant to this chapter.
(D)
"Municipal motor vehicle license tax" means a tax imposed
by a municipal corporation pursuant to this chapter.
(E)
"Registrar" means the registrar of motor vehicles as
provided in section 4501.02 of the Revised Code.
(F)
"Deputy registrar" means any deputy appointed by the
registrar of motor vehicles pursuant to sections 4501.02 and 4503.03
of the Revised Code.
Sec.
4505.01.
(A)
As used in this chapter:
"All-terrain
vehicle" has the same meaning as in section 4519.01 of the
Revised Code.
"Buyer"
and "transferee" mean the applicant for a certificate of
title.
"Certificate
of title" and "title" include an electronic
certificate of title, unless otherwise specified.
"Electronic
certificate of title" means an electronic record stored in the
automated title processing system that establishes ownership of a
motor vehicle and any security interests that exist on that motor
vehicle.
"Lien"
includes, unless the context requires a different meaning, a security
interest in a motor vehicle.
"Manufactured
home" has the same meaning as section 3781.06 of the Revised
Code.
"Manufactured
housing dealer," "manufactured housing broker," and
"manufactured housing salesperson" have the same meanings
as in section 4781.01 of the Revised Code.
"Mini-truck"
has the same meaning as in section 4519.01 of the Revised Code.
"Mobile
home" has the same meaning as in section 4501.01 of the Revised
Code.
"Motor
vehicle" includes manufactured homes, mobile homes, recreational
vehicles, and trailers and semitrailers whose weight exceeds four
thousand pounds.
"Motor vehicle" does not include an off-highway motorcycle,
all-terrain vehicle, snowmobile, utility vehicle, or mini-truck.
"Motor
vehicle dealer" and "dealer" have the same meaning as
in section 4517.01 of the Revised Code and includes manufactured
housing dealers.
"Motor
vehicle salesperson" includes manufactured housing salespersons.
"Off-highway
motorcycle" has the same meaning as in section 4519.01 of the
Revised Code.
"Resident"
means any person who either maintains their principal residence in
this state or is determined by the registrar of motor vehicles to be
a permanent or temporary resident in accordance with the standards
adopted by the registrar under section 4507.01 of the Revised Code.
"Signature"
includes an electronic signature as defined by section 1306.01 of the
Revised Code.
"Snowmobile"
has the same meaning as in section 4519.01 of the Revised Code.
"Utility
vehicle" has the same meaning as in 4501.01 of the Revised Code.
(B)
The various certificates, applications, and assignments necessary to
provide certificates of title for manufactured homes, mobile homes,
recreational vehicles, and trailers and semitrailers whose weight
exceeds four thousand pounds, shall be made upon forms prescribed by
the registrar of motor vehicles.
Sec.
4505.06.
(A)(1)
Application for a certificate of title shall be made in a form
prescribed by the registrar of motor vehicles and shall be sworn to
before a notary public or other officer empowered to administer
oaths. The application shall be filed with the clerk of any court of
common pleas. An application for a certificate of title may be filed
electronically by any electronic means approved by the registrar in
any county with the clerk of the court of common pleas of that
county. Any payments required by this chapter shall be considered as
accompanying any electronically transmitted application when payment
actually is received by the clerk. Payment of any fee or taxes may be
made by electronic transfer of funds.
(2)
The application for a certificate of title shall be accompanied by
the fee prescribed in section 4505.09 of the Revised Code. The fee
shall be retained by the clerk who issues the certificate of title
and shall be distributed in accordance with that section. If a clerk
of a court of common pleas, other than the clerk of the court of
common pleas of an applicant's county of residence, issues a
certificate of title to the applicant, the clerk shall transmit data
related to the transaction to the automated title processing system.
(3)
If a certificate of title previously has been issued for a motor
vehicle in this state, the application for a certificate of title
also shall be accompanied by that certificate of title duly assigned,
unless otherwise provided in this chapter. If a certificate of title
previously has not been issued for the motor vehicle in this state,
the application, unless otherwise provided in this chapter, shall be
accompanied by a manufacturer's or importer's certificate or by a
certificate of title of another state from which the motor vehicle
was brought into this state. If the application refers to a motor
vehicle last previously registered in another state, the application
also shall be accompanied by the physical inspection certificate
required by section 4505.061 of the Revised Code. If the application
is made by two persons regarding a motor vehicle in which they wish
to establish joint ownership with right of survivorship, they may do
so as provided in section 2131.12 of the Revised Code. If the
applicant requests a designation of the motor vehicle in beneficiary
form so that upon the death of the owner of the motor vehicle,
ownership of the motor vehicle will pass to a designated
transfer-on-death beneficiary or beneficiaries, the applicant may do
so as provided in section 2131.13 of the Revised Code. A person who
establishes ownership of a motor vehicle that is transferable on
death in accordance with section 2131.13 of the Revised Code may
terminate that type of ownership or change the designation of the
transfer-on-death beneficiary or beneficiaries by applying for a
certificate of title pursuant to this section. The clerk shall retain
the evidence of title presented by the applicant and on which the
certificate of title is issued, except that, if an application for a
certificate of title is filed electronically by an electronic motor
vehicle dealer on behalf of the purchaser of a motor vehicle, the
clerk shall retain the completed electronic record to which the
dealer converted the certificate of title application and other
required documents. The registrar, after consultation with the
attorney general, shall adopt rules that govern the location at
which, and the manner in which, are stored the actual application and
all other documents relating to the transfer of a motor vehicle when
an electronic motor vehicle dealer files the application for a
certificate of title electronically on behalf of the purchaser. Not
later than December 31, 2017, the registrar shall arrange for a
service that enables all electronic motor vehicle dealers to file
applications for certificates of title on behalf of purchasers of
motor vehicles electronically by transferring the applications
directly from the computer systems of the dealers to the clerk.
The
clerk shall use reasonable diligence in ascertaining whether or not
the facts in the application for a certificate of title are true by
checking the application and documents accompanying it or the
electronic record to which a dealer converted the application and
accompanying documents with the records of motor vehicles in the
clerk's office. If the clerk is satisfied that the applicant is the
owner of the motor vehicle and that the application is in the proper
form, the clerk, within five business days after the application is
filed and except as provided in section 4505.021 of the Revised Code,
shall issue a physical certificate of title over the clerk's
signature and sealed with the clerk's seal, unless the applicant
specifically requests the clerk not to issue a physical certificate
of title and instead to issue an electronic certificate of title. For
purposes of the transfer of a certificate of title, if the clerk is
satisfied that the secured party has duly discharged a lien notation
but has not canceled the lien notation with a clerk, the clerk may
cancel the lien notation on the automated title processing system and
notify the clerk of the county of origin.
(4)
In the case of the sale of a motor vehicle to a general buyer or user
by a dealer, by a motor vehicle leasing dealer selling the motor
vehicle to the lessee or, in a case in which the leasing dealer
subleased the motor vehicle, the sublessee, at the end of the lease
agreement or sublease agreement, or by a manufactured housing broker,
the certificate of title shall be obtained in the name of the buyer
by the dealer, leasing dealer, or manufactured housing broker, as the
case may be, upon application signed by the buyer. The certificate of
title shall be issued, or the process of entering the certificate of
title application information into the automated title processing
system if a physical certificate of title is not to be issued shall
be completed, within five business days after the application for
title is filed with the clerk. If the buyer of the motor vehicle
previously leased the motor vehicle and is buying the motor vehicle
at the end of the lease pursuant to that lease, the certificate of
title shall be obtained in the name of the buyer by the motor vehicle
leasing dealer who previously leased the motor vehicle to the buyer
or by the motor vehicle leasing dealer who subleased the motor
vehicle to the buyer under a sublease agreement.
In
all other cases, except as provided in section 4505.032 and division
(D)(2) of section 4505.11 of the Revised Code, such certificates
shall be obtained by the buyer.
(5)(a)(i)
If the certificate of title is being obtained in the name of the
buyer by a motor vehicle dealer or motor vehicle leasing dealer and
there is a security interest to be noted on the certificate of title,
the dealer or leasing dealer shall submit the application for the
certificate of title and payment of the applicable tax to a clerk
within seven business days after the later of the delivery of the
motor vehicle to the buyer or the date the dealer or leasing dealer
obtains the manufacturer's or importer's certificate, or certificate
of title issued in the name of the dealer or leasing dealer, for the
motor vehicle. Submission of the application for the certificate of
title and payment of the applicable tax within the required seven
business days may be indicated by postmark or receipt by a clerk
within that period.
(ii)
Upon receipt of the certificate of title with the security interest
noted on its face, the dealer or leasing dealer shall forward the
certificate of title to the secured party at the location noted in
the financing documents or otherwise specified by the secured party.
(iii)
A motor vehicle dealer or motor vehicle leasing dealer is liable to a
secured party for a late fee of ten dollars per day for each
certificate of title application and payment of the applicable tax
that is submitted to a clerk more than seven business days but less
than twenty-one days after the later of the delivery of the motor
vehicle to the buyer or the date the dealer or leasing dealer obtains
the manufacturer's or importer's certificate, or certificate of title
issued in the name of the dealer or leasing dealer, for the motor
vehicle and, from then on, twenty-five dollars per day until the
application and applicable tax are submitted to a clerk.
(b)
In all cases of transfer of a motor vehicle except the transfer of a
manufactured home or mobile home, the application for certificate of
title shall be filed within thirty days after the assignment or
delivery of the motor vehicle.
(c)
An application for a certificate of title for a new manufactured home
shall be filed within thirty days after the delivery of the new
manufactured home to the purchaser. The date of the delivery shall be
the date on which an occupancy permit for the manufactured home is
delivered to the purchaser of the home by the appropriate legal
authority.
(d)
An application for a certificate of title for a used manufactured
home or a used mobile home shall be filed as follows:
(i)
If a certificate of title for the used manufactured home or used
mobile home was issued to the motor vehicle dealer prior to the sale
of the manufactured or mobile home to the purchaser, the application
for certificate of title shall be filed within thirty days after the
date on which an occupancy permit for the manufactured or mobile home
is delivered to the purchaser by the appropriate legal authority.
(ii)
If the motor vehicle dealer has been designated by a secured party to
display the manufactured or mobile home for sale, or to sell the
manufactured or mobile home under section 4505.20 of the Revised
Code, but the certificate of title has not been transferred by the
secured party to the motor vehicle dealer, and the dealer has
complied with the requirements of division (A) of section 4505.181 of
the Revised Code, the application for certificate of title shall be
filed within thirty days after the date on which the motor vehicle
dealer obtains the certificate of title for the home from the secured
party or the date on which an occupancy permit for the manufactured
or mobile home is delivered to the purchaser by the appropriate legal
authority, whichever occurs later.
(6)
If an application for a certificate of title is not filed within the
period specified in division (A)(5)(b), (c), or (d) of this section,
the clerk shall collect a fee of five dollars for the issuance of the
certificate, except that no such fee shall be required from a motor
vehicle salvage dealer, as defined in division (A) of section 4738.01
of the Revised Code, who immediately surrenders the certificate of
title for cancellation. The fee shall be in addition to all other
fees established by this chapter, and shall be retained by the clerk.
The registrar shall provide, on the certificate of title form
prescribed by section 4505.07 of the Revised Code, language necessary
to give evidence of the date on which the assignment or delivery of
the motor vehicle was made.
(7)
As used in division (A) of this section, "lease agreement,"
"lessee," and "sublease agreement" have the same
meanings as in section 4505.04 of the Revised Code and "new
manufactured home," "used manufactured home," and
"used mobile home" have the same meanings as in section
5739.0210 of the Revised Code.
(B)(1)
The clerk, except as provided in this section, shall refuse to accept
for filing any application for a certificate of title and shall
refuse to issue a certificate of title unless the dealer or the
applicant, in cases in which the certificate shall be obtained by the
buyer, submits with the application payment of the tax levied by or
pursuant to Chapters 5739. and 5741. of the Revised Code based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall issue a
receipt prescribed by the registrar and agreed upon by the tax
commissioner showing payment of the tax or a receipt issued by the
commissioner showing the payment of the tax. When submitting payment
of the tax to the clerk, a dealer shall retain any discount to which
the dealer is entitled under section 5739.12 of the Revised Code.
(2)
For receiving and disbursing such taxes paid to the clerk by a
resident of the clerk's county, the clerk may retain a poundage fee
of one and one one-hundredth per cent, and the clerk shall pay the
poundage fee into the certificate of title administration fund
created by section 325.33 of the Revised Code. The clerk shall not
retain a poundage fee from payments of taxes by persons who do not
reside in the clerk's county.
A
clerk, however, may retain from the taxes paid to the clerk an amount
equal to the poundage fees associated with certificates of title
issued by other clerks of courts of common pleas to applicants who
reside in the first clerk's county. The registrar, in consultation
with the tax commissioner and the clerks of the courts of common
pleas, shall develop a report from the automated title processing
system that informs each clerk of the amount of the poundage fees
that the clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county.
(3)
In the case of casual sales of motor vehicles, as defined in section
4517.01 of the Revised Code, the price for the purpose of determining
the tax shall be the purchase price on the assigned certificate of
title, or assignment form prescribed by the registrar, executed by
the seller and filed with the clerk by the buyer on a form to be
prescribed by the registrar, which shall be prima-facie evidence of
the amount for the determination of the tax.
(4)
Each county clerk shall forward to the registrar of motor vehicles
all sales and use tax collections resulting from sales of motor
vehicles, off-highway motorcycles, and
all-purpose
all-terrain
vehicles
during a calendar week on or before the Friday following the close of
that week. If, on any Friday, the offices of the clerk of courts or
the state are not open for business, the tax shall be forwarded to
the registrar on or before the next day on which the offices are
open. Every remittance of tax under division (B)(4) of this section
shall be accompanied by a remittance report in such form as the tax
commissioner prescribes. Upon receipt of a tax remittance and
remittance report, the registrar shall date stamp the report and
forward it to the tax commissioner. If the tax due for any week is
not remitted by a clerk of courts as required under division (B)(4)
of this section, the commissioner may require the clerk to forfeit
the poundage fees for the sales made during that week. The registrar
may require the clerks of courts to transmit tax collections and
remittance reports electronically.
(C)(1)
If the transferor indicates on the certificate of title that the
odometer reflects mileage in excess of the designed mechanical limit
of the odometer, the clerk shall enter the phrase "exceeds
mechanical limits" following the mileage designation. If the
transferor indicates on the certificate of title that the odometer
reading is not the actual mileage, the clerk shall enter the phrase
"nonactual: warning - odometer discrepancy" following the
mileage designation. The clerk shall use reasonable care in
transferring the information supplied by the transferor, but is not
liable for any errors or omissions of the clerk or those of the
clerk's deputies in the performance of the clerk's duties created by
this chapter.
The
registrar shall prescribe an affidavit in which the transferor shall
swear to the true selling price and, except as provided in this
division, the true odometer reading of the motor vehicle. The
registrar may prescribe an affidavit in which the seller and buyer
provide information pertaining to the odometer reading of the motor
vehicle in addition to that required by this section, as such
information may be required by the United States secretary of
transportation by rule prescribed under authority of subchapter IV of
the "Motor Vehicle Information and Cost Savings Act," 86
Stat. 961 (1972), 15 U.S.C. 1981.
(2)
Division (C)(1) of this section does not require the giving of
information concerning the odometer and odometer reading of a motor
vehicle when ownership of a motor vehicle is being transferred as a
result of a bequest, under the laws of intestate succession, to a
survivor pursuant to section 2106.18, 2131.12, or 4505.10 of the
Revised Code, to a transfer-on-death beneficiary or beneficiaries
pursuant to section 2131.13 of the Revised Code, in connection with
the creation of a security interest or for a vehicle with a gross
vehicle weight rating of more than sixteen thousand pounds.
(D)
When the transfer to the applicant was made in some other state or in
interstate commerce, the clerk, except as provided in this section,
shall refuse to issue any certificate of title unless the tax imposed
by or pursuant to Chapter 5741. of the Revised Code based on the
purchaser's county of residence has been paid as evidenced by a
receipt issued by the tax commissioner, or unless the applicant
submits with the application payment of the tax. Upon payment of the
tax in accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax commissioner, showing payment of the tax.
For
receiving and disbursing such taxes paid to the clerk by a resident
of the clerk's county, the clerk may retain a poundage fee of one and
one one-hundredth per cent. The clerk shall not retain a poundage fee
from payments of taxes by persons who do not reside in the clerk's
county.
A
clerk, however, may retain from the taxes paid to the clerk an amount
equal to the poundage fees associated with certificates of title
issued by other clerks of courts of common pleas to applicants who
reside in the first clerk's county. The registrar, in consultation
with the tax commissioner and the clerks of the courts of common
pleas, shall develop a report from the automated title processing
system that informs each clerk of the amount of the poundage fees
that the clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county.
When
the vendor is not regularly engaged in the business of selling motor
vehicles, the vendor shall not be required to purchase a vendor's
license or make reports concerning those sales.
(E)
The clerk shall accept any payment of a tax in cash, or by cashier's
check, certified check, draft, money order, or teller check issued by
any insured financial institution payable to the clerk and submitted
with an application for a certificate of title under division (B) or
(D) of this section. The clerk also may accept payment of the tax by
corporate, business, or personal check, credit card, electronic
transfer or wire transfer, debit card, or any other accepted form of
payment made payable to the clerk. The clerk may require bonds,
guarantees, or letters of credit to ensure the collection of
corporate, business, or personal checks. Any service fee charged by a
third party to a clerk for the use of any form of payment may be paid
by the clerk from the certificate of title administration fund
created in section 325.33 of the Revised Code, or may be assessed by
the clerk upon the applicant as an additional fee. Upon collection,
the additional fees shall be paid by the clerk into that certificate
of title administration fund.
The
clerk shall make a good faith effort to collect any payment of taxes
due but not made because the payment was returned or dishonored, but
the clerk is not personally liable for the payment of uncollected
taxes or uncollected fees. The clerk shall notify the tax
commissioner of any such payment of taxes that is due but not made
and shall furnish the information to the commissioner that the
commissioner requires. The clerk shall deduct the amount of taxes due
but not paid from the clerk's periodic remittance of tax payments, in
accordance with procedures agreed upon by the tax commissioner. The
commissioner may collect taxes due by assessment in the manner
provided in section 5739.13 of the Revised Code.
Any
person who presents payment that is returned or dishonored for any
reason is liable to the clerk for payment of a penalty over and above
the amount of the taxes due. The clerk shall determine the amount of
the penalty, and the penalty shall be no greater than that amount
necessary to compensate the clerk for banking charges, legal fees, or
other expenses incurred by the clerk in collecting the returned or
dishonored payment. The remedies and procedures provided in this
section are in addition to any other available civil or criminal
remedies. Subsequently collected penalties, poundage fees, and title
fees, less any title fee due the state, from returned or dishonored
payments collected by the clerk shall be paid into the certificate of
title administration fund. Subsequently collected taxes, less
poundage fees, shall be sent by the clerk to the registrar of motor
vehicles at the next scheduled periodic remittance of tax payments,
with information as the commissioner may require. The clerk may abate
all or any part of any penalty assessed under this division.
(F)
In the following cases, the clerk shall accept for filing an
application and shall issue a certificate of title without requiring
payment or evidence of payment of the tax:
(1)
When the purchaser is this state or any of its political
subdivisions, a church, or an organization whose purchases are
exempted by section 5739.02 of the Revised Code;
(2)
When the transaction in this state is not a retail sale as defined by
section 5739.01 of the Revised Code;
(3)
When the purchase is outside this state or in interstate commerce and
the purpose of the purchaser is not to use, store, or consume within
the meaning of section 5741.01 of the Revised Code;
(4)
When the purchaser is the federal government;
(5)
When the motor vehicle was purchased outside this state for use
outside this state;
(6)
When the motor vehicle is purchased by a nonresident under the
circumstances described in division (B)(1) of section 5739.029 of the
Revised Code, and upon presentation of a copy of the statement
provided by that section, and a copy of the exemption certificate
provided by section 5739.03 of the Revised Code.
(G)
An application, as prescribed by the registrar and agreed to by the
tax commissioner, shall be filled out and sworn to by the buyer of a
motor vehicle in a casual sale. The application shall contain the
following notice in bold lettering: "WARNING TO TRANSFEROR AND
TRANSFEREE (SELLER AND BUYER): You are required by law to state the
true selling price. A false statement is in violation of section
2921.13 of the Revised Code and is punishable by six months'
imprisonment or a fine of up to one thousand dollars, or both. All
transfers are audited by the department of taxation. The seller and
buyer must provide any information requested by the department of
taxation. The buyer may be assessed any additional tax found to be
due."
(H)
For sales of manufactured homes or mobile homes occurring on or after
January 1, 2000, the clerk shall accept for filing, pursuant to
Chapter 5739. of the Revised Code, an application for a certificate
of title for a manufactured home or mobile home without requiring
payment of any tax pursuant to section 5739.02, 5741.021, 5741.022,
or 5741.023 of the Revised Code, or a receipt issued by the tax
commissioner showing payment of the tax. For sales of manufactured
homes or mobile homes occurring on or after January 1, 2000, the
applicant shall pay to the clerk an additional fee of five dollars
for each certificate of title issued by the clerk for a manufactured
or mobile home pursuant to division (H) of section 4505.11 of the
Revised Code and for each certificate of title issued upon transfer
of ownership of the home. The clerk shall credit the fee to the
county certificate of title administration fund, and the fee shall be
used to pay the expenses of archiving those certificates pursuant to
division (A) of section 4505.08 and division (H)(3) of section
4505.11 of the Revised Code. The tax commissioner shall administer
any tax on a manufactured or mobile home pursuant to Chapters 5739.
and 5741. of the Revised Code.
(I)
Every clerk shall have the capability to transact by electronic means
all procedures and transactions relating to the issuance of motor
vehicle certificates of title that are described in the Revised Code
as being accomplished by electronic means.
Sec.
4505.09.
(A)(1)
The clerk of a court of common pleas shall charge and retain fees as
follows:
(a)
Five dollars for each certificate of title that is not applied for
within thirty days after the later of the assignment or delivery of
the motor vehicle described in it. The entire fee shall be retained
by the clerk.
(b)
Fifteen dollars for each certificate of title or duplicate
certificate of title including the issuance of a memorandum
certificate of title, or authorization to print a non-negotiable
evidence of ownership described in division (G) of section 4505.08 of
the Revised Code, non-negotiable evidence of ownership printed by the
clerk under division (H) of that section, and notation of any lien on
a certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title.
(c)
Four dollars and fifty cents for each certificate of title with no
security interest noted that is issued to a licensed motor vehicle
dealer for resale purposes and, in addition, a separate fee of fifty
cents. The clerk shall retain two dollars and twenty-five cents of
that fee.
(d)
Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for separately.
The clerk shall retain that entire fee.
(2)
The fees that are not retained by the clerk shall be paid to the
registrar of motor vehicles 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 issued or that in
which the registrar is notified of a lien or cancellation of a lien.
(B)(1)
The registrar shall pay twenty-five cents of the amount received for
each certificate of title issued to a motor vehicle dealer for
resale, one dollar for certificates of title issued with a lien or
security interest noted on the certificate of title, and twenty-five
cents for each certificate of title with no lien or security interest
noted on the certificate of title into the public safety - highway
purposes fund established in section 4501.06 of the Revised Code.
(2)
Fifty cents of the amount received for each certificate of title
shall be paid by the registrar as follows:
(a)
Four cents shall be paid into the state treasury to the credit of the
motor vehicle dealers board fund, which is hereby created. All
investment earnings of the fund shall be credited to the fund. The
moneys in the motor vehicle dealers board fund shall be used by the
motor vehicle dealers board created under section 4517.30 of the
Revised Code, together with other moneys appropriated to it, in the
exercise of its powers and the performance of its duties under
Chapter 4517. of the Revised Code, except that the director of budget
and management may transfer excess money from the motor vehicle
dealers board fund to the public safety - highway purposes fund if
the registrar determines that the amount of money in the motor
vehicle dealers board fund, together with other moneys appropriated
to the board, exceeds the amount required for the exercise of its
powers and the performance of its duties under Chapter 4517. of the
Revised Code and requests the director to make the transfer.
(b)
Thirty-one cents shall be paid into the highway operating fund
created by section 5735.051 of the Revised Code.
(c)
Fifteen cents shall be paid into the state treasury to the credit of
the motor vehicle sales audit fund, which is hereby created. The
moneys in the fund shall be used by the tax commissioner together
with other funds available to the commissioner to conduct a
continuing investigation of sales and use tax returns filed for motor
vehicles in order to determine if sales and use tax liability has
been satisfied. The commissioner shall refer cases of apparent
violations of section 2921.13 of the Revised Code made in connection
with the titling or sale of a motor vehicle and cases of any other
apparent violations of the sales or use tax law to the appropriate
county prosecutor whenever the commissioner considers it advisable.
(3)
Two dollars of the amount received by the registrar under divisions
(A)(1)(a), (b), and (d) of this section and one dollar and fifty
cents of the amount received by the registrar under division
(A)(1)(c) of this section for each certificate of title shall be paid
into the state treasury to the credit of the automated title
processing fund, which is hereby created and which shall consist of
moneys collected under division (B)(3) of this section and under
sections 1548.10 and 4519.59 of the Revised Code. All investment
earnings of the fund shall be credited to the fund. The moneys in the
fund shall be used as follows:
(a)
Except for moneys collected under section 1548.10 of the Revised
Code, moneys collected under division (B)(3) of this section shall be
used to implement and maintain an automated title processing system
for the issuance of motor vehicle, off-highway motorcycle, and
all-purpose
all-terrain
vehicle
certificates of title in the offices of the clerks of the courts of
common pleas. Those moneys also shall be used to pay expenses that
arise as a result of enabling electronic motor vehicle dealers to
directly transfer applications for certificates of title under
division (A)(3) of section 4505.06 of the Revised Code.
(b)
Moneys collected under section 1548.10 of the Revised Code shall be
used to issue marine certificates of title in the offices of the
clerks of the courts of common pleas as provided in Chapter 1548. of
the Revised Code.
(4)
The registrar shall pay the fifty-cent separate fee collected from a
licensed motor vehicle dealer under division (A)(1)(c) of this
section into the title defect recision fund created by section
1345.52 of the Revised Code.
(C)(1)
The automated title processing board is hereby created consisting of
the registrar or the registrar's representative, a person selected by
the registrar, the president of the Ohio clerks of court association
or the president's representative, and two clerks of courts of common
pleas appointed by the governor. The director of budget and
management or the director's designee, the chief of the division of
parks and watercraft in the department of natural resources or the
chief's designee, and the tax commissioner or the commissioner's
designee shall be nonvoting members of the board. The purpose of the
board is to facilitate the operation and maintenance of an automated
title processing system and approve the procurement of automated
title processing system equipment and ribbons, cartridges, or other
devices necessary for the operation of that equipment. Voting members
of the board, excluding the registrar or the registrar's
representative, shall serve without compensation, but shall be
reimbursed for travel and other necessary expenses incurred in the
conduct of their official duties. The registrar or the registrar's
representative shall receive neither compensation nor reimbursement
as a board member.
(2)
The automated title processing board shall determine each of the
following:
(a)
The automated title processing equipment and certificates of title
requirements for each county;
(b)
The payment of expenses that may be incurred by the counties in
implementing an automated title processing system;
(c)
The repayment to the counties for existing title processing
equipment;
(d)
With the approval of the director of public safety, the award of
grants from the automated title processing fund to the clerk of
courts of any county who employs a person who assists with the design
of, updates to, tests of, installation of, or any other activity
related to, an automated title processing system. Any grant awarded
under division (C)(2)(d) of this section shall be deposited into the
appropriate county certificate of title administration fund created
under section 325.33 of the Revised Code and shall not be used to
supplant any other funds.
(3)
The registrar shall purchase, lease, or otherwise acquire any
automated title processing equipment and certificates of title that
the board determines are necessary from moneys in the automated title
processing fund established by division (B)(3) of this section.
(D)
All counties shall conform to the requirements of the registrar
regarding the operation of their automated title processing system
for motor vehicle titles, certificates of title for off-highway
motorcycles and
all-purpose
all-terrain
vehicles,
certificates
of title for snowmobiles, utility vehicles, and mini-trucks,
and
certificates of title for watercraft and outboard motors.
Sec.
4505.11.
This
section shall also apply to all-purpose vehicles and off-highway
motorcycles as defined in section 4519.01 of the Revised Code.
(A)
Each owner of a motor vehicle and each person mentioned as owner in
the last certificate of title, when the motor vehicle is dismantled,
destroyed, or changed in such manner that it loses its character as a
motor vehicle, or changed in such manner that it is not the motor
vehicle described in the certificate of title, shall surrender the
certificate of title to that motor vehicle to a clerk of a court of
common pleas, and the clerk, with the consent of any holders of any
liens noted on the certificate of title, then shall enter a
cancellation upon the clerk's records and shall notify the registrar
of motor vehicles of the cancellation.
Upon
the cancellation of a certificate of title in the manner prescribed
by this section, any clerk and the registrar of motor vehicles may
cancel and destroy all certificates and all memorandum certificates
in that chain of title.
(B)(1)
If an Ohio certificate of title, salvage certificate of title, or
assignment form as prescribed by the registrar for a motor vehicle is
assigned to a salvage dealer, the dealer is not required to obtain an
Ohio certificate of title or a salvage certificate of title to the
motor vehicle in the dealer's own name if the dealer dismantles or
destroys the motor vehicle, indicates the number of the dealer's
motor vehicle salvage dealer's license on it, marks "FOR
DESTRUCTION" across the face of the certificate of title,
salvage certificate of title, or assignment form and surrenders the
certificate of title, salvage certificate of title, or assignment
form to a clerk of a court of common pleas as provided in division
(A) of this section. If the salvage dealer retains the motor vehicle
for resale, the dealer shall make application for a salvage
certificate of title to the motor vehicle in the dealer's own name as
provided in division (C)(1) of this section.
(2)
At the time any salvage motor vehicle is sold at auction or through a
pool, the salvage motor vehicle auction or salvage motor vehicle pool
shall give a copy of the salvage certificate of title, certificate of
title, or assignment form marked "FOR DESTRUCTION" to the
purchaser.
(C)(1)
When an insurance company declares it economically impractical to
repair such a motor vehicle and has paid an agreed price for the
purchase of the motor vehicle to any insured or claimant owner, the
insurance company shall proceed as follows:
(a)
If an insurance company receives the certificate of title and the
motor vehicle, within thirty business days, the insurance company
shall deliver the certificate of title to a clerk of a court of
common pleas and shall make application for a salvage certificate of
title. This certificate of title, any supporting power of attorney,
or application for a salvage certificate of title shall be exempt
from the requirements of notarization and verification as described
in this chapter and in section 1337.25 of the Revised Code, and may
be signed electronically.
(b)
If an insurance company obtains possession of the motor vehicle and a
physical certificate of title was issued for the vehicle but the
insurance company is unable to obtain the properly endorsed
certificate of title for the motor vehicle within thirty business
days following the vehicle's owner or lienholder's acceptance of the
insurance company's payment for the vehicle, the insurance company
may apply to the clerk of a court of common pleas for a salvage
certificate of title without delivering the certificate of title for
the motor vehicle. The application, which may be signed
electronically, shall be accompanied by evidence that the insurance
company has paid a total loss claim on the vehicle, a copy of the
written request for the certificate of title from the insurance
company or its designee, and proof that the request was delivered by
a nationally recognized courier service to the last known address of
the owner of the vehicle and any known lienholder, to obtain the
certificate of title.
(c)
If an insurance company obtains possession of the motor vehicle and a
physical certificate of title was not issued for the vehicle, the
insurance company may apply to the clerk of a court of common pleas
for a salvage certificate of title without delivering a certificate
of title for the motor vehicle. The application shall be accompanied
by the electronic certificate of title control number and a properly
executed power of attorney, or other appropriate document, from the
owner of the motor vehicle authorizing the insurance company to apply
for a salvage certificate of title. The application for a salvage
certificate of title, any supporting power of attorney, and any other
appropriate document shall be exempt from the requirements of
notarization and verification as described in this chapter and in
section 1337.25 of the Revised Code, and may be signed
electronically.
(d)
Upon receipt of a properly completed application for a salvage
certificate of title as described in division (C)(1)(a), (b), or (c)
or (C)(2) of this section, the clerk shall issue the salvage
certificate of title on a form, prescribed by the registrar, that
shall be easily distinguishable from the original certificate of
title and shall bear the same information as the original certificate
of title except that it may bear a different number than that of the
original certificate of title. The salvage certificate of title shall
include the following notice in bold lettering:
"SALVAGE
MOTOR VEHICLE - PURSUANT TO R.C. 4738.01."
Except
as provided in division (C)(3) of this section, the salvage
certificate of title shall be assigned by the insurance company to a
salvage dealer or any other person for use as evidence of ownership
upon the sale or other disposition of the motor vehicle, and the
salvage certificate of title shall be transferable to any other
person. The clerk shall charge a fee of four dollars for the cost of
processing each salvage certificate of title.
(2)
If an insurance company requests that a salvage motor vehicle auction
take possession of a motor vehicle that is the subject of an
insurance claim, and subsequently the insurance company denies
coverage with respect to the motor vehicle or does not otherwise take
ownership of the motor vehicle, the salvage motor vehicle auction may
proceed as follows. After the salvage motor vehicle auction has
possession of the motor vehicle for forty-five days, it may apply to
the clerk of a court of common pleas for a salvage certificate of
title without delivering the certificate of title for the motor
vehicle. The application shall be accompanied by a copy of the
written request that the vehicle be removed from the facility on the
salvage motor vehicle auction's letterhead, and proof that the
request was delivered by a nationally recognized courier service to
the last known address of the owner of the vehicle and any known
lienholder, requesting that the vehicle be removed from the facility
of the salvage motor vehicle auction. Upon receipt of a properly
completed application, the clerk shall follow the process as
described in division (C)(1)(d) of this section. The salvage
certificate of title so issued shall be free and clear of all liens.
(3)
If an insurance company considers a motor vehicle as described in
division (C)(1)(a), (b), or (c) of this section to be impossible to
restore for highway operation, the insurance company may assign the
certificate of title to the motor vehicle to a salvage dealer or
scrap metal processing facility and send the assigned certificate of
title to the clerk of the court of common pleas of any county. The
insurance company shall mark the face of the certificate of title
"FOR DESTRUCTION" and shall deliver a photocopy of the
certificate of title to the salvage dealer or scrap metal processing
facility for its records.
(4)
If an insurance company declares it economically impractical to
repair a motor vehicle, agrees to pay to the insured or claimant
owner an amount in settlement of a claim against a policy of motor
vehicle insurance covering the motor vehicle, and agrees to permit
the insured or claimant owner to retain possession of the motor
vehicle, the insurance company shall not pay the insured or claimant
owner any amount in settlement of the insurance claim until the owner
obtains a salvage certificate of title to the vehicle and furnishes a
copy of the salvage certificate of title to the insurance company.
(D)
When a self-insured organization, rental or leasing company, or
secured creditor becomes the owner of a motor vehicle that is burned,
damaged, or dismantled and is determined to be economically
impractical to repair, the self-insured organization, rental or
leasing company, or secured creditor shall do one of the following:
(1)
Mark the face of the certificate of title to the motor vehicle, or
assignment form as prescribed by the registrar, "FOR
DESTRUCTION" and surrender the certificate of title or
assignment form to a clerk of a court of common pleas for
cancellation as described in division (A) of this section. The
self-insured organization, rental or leasing company, or secured
creditor then shall deliver the motor vehicle, together with a
photocopy of the certificate of title or assignment form, to a
salvage dealer or scrap metal processing facility and shall cause the
motor vehicle to be dismantled, flattened, crushed, or destroyed.
(2)
Obtain a salvage certificate of title to the motor vehicle in the
name of the self-insured organization, rental or leasing company, or
secured creditor, as provided in division (C)(1) of this section, and
then sell or otherwise dispose of the motor vehicle. If the motor
vehicle is sold, the self-insured organization, rental or leasing
company, or secured creditor shall obtain a salvage certificate of
title to the motor vehicle in the name of the purchaser from a clerk
of a court of common pleas.
(E)
If a motor vehicle titled with a salvage certificate of title is
restored for operation upon the highways, application shall be made
to a clerk of a court of common pleas for a certificate of title.
Upon inspection by the state highway patrol, which shall include
establishing proof of ownership and an inspection of the motor number
and vehicle identification number of the motor vehicle and of
documentation or receipts for the materials used in restoration by
the owner of the motor vehicle being inspected, which documentation
or receipts shall be presented at the time of inspection, the clerk,
upon surrender of the salvage certificate of title, shall issue a
certificate of title for a fee prescribed by the registrar. The
certificate of title shall be in the same form as the original
certificate of title and shall bear the words "REBUILT SALVAGE"
in black boldface letters on its face. Every subsequent certificate
of title, memorandum certificate of title, or duplicate certificate
of title issued for the motor vehicle also shall bear the words
"REBUILT SALVAGE" in black boldface letters on its face.
The exact location on the face of the certificate of title of the
words "REBUILT SALVAGE" shall be determined by the
registrar, who shall develop an automated procedure within the
automated title processing system to comply with this division. The
clerk shall use reasonable care in performing the duties imposed on
the clerk by this division in issuing a certificate of title pursuant
to this division, but the clerk is not liable for any of the clerk's
errors or omissions or those of the clerk's deputies, or the
automated title processing system in the performance of those duties.
A fee of fifty dollars shall be assessed by the state highway patrol
for each inspection made pursuant to this division and shall be
deposited into the public safety - highway purposes fund established
by section 4501.06 of the Revised Code.
(F)
No person shall operate upon the highways in this state a motor
vehicle, title to which is evidenced by a salvage certificate of
title, except to deliver the motor vehicle pursuant to an appointment
for an inspection under this section.
(G)
No motor vehicle the certificate of title or assignment form to which
has been marked "FOR DESTRUCTION" and surrendered to a
clerk of a court of common pleas shall be used for anything except
parts and scrap metal.
(H)(1)
Except as otherwise provided in this division, an owner of a
manufactured or mobile home that will be taxed as real property
pursuant to division (B) of section 4503.06 of the Revised Code shall
surrender the certificate of title to the auditor of the county
containing the taxing district in which the home is located. An owner
whose home qualifies for real property taxation under divisions
(B)(1)(a) and (b) of section 4503.06 of the Revised Code shall
surrender the certificate within fifteen days after the home meets
the conditions specified in those divisions. The auditor shall
deliver the certificate of title to the clerk of the court of common
pleas who issued it.
(2)
If the certificate of title for a manufactured or mobile home that is
to be taxed as real property is held by a lienholder, the lienholder
shall surrender the certificate of title to the auditor of the county
containing the taxing district in which the home is located, and the
auditor shall deliver the certificate of title to the clerk of the
court of common pleas who issued it. The lienholder shall surrender
the certificate within thirty days after both of the following have
occurred:
(a)
The homeowner has provided written notice to the lienholder
requesting that the certificate of title be surrendered to the
auditor of the county containing the taxing district in which the
home is located.
(b)
The homeowner has either paid the lienholder the remaining balance
owed to the lienholder, or, with the lienholder's consent, executed
and delivered to the lienholder a mortgage on the home and land on
which the home is sited in the amount of the remaining balance owed
to the lienholder.
(3)
Upon the delivery of a certificate of title by the county auditor to
the clerk, the clerk shall inactivate it and maintain it in the
automated title processing system for a period of thirty years.
(4)
Upon application by the owner of a manufactured or mobile home that
is taxed as real property pursuant to division (B) of section 4503.06
of the Revised Code and that no longer satisfies divisions (B)(1)(a)
and (b) or divisions (B)(2)(a) and (b) of that section, the clerk
shall reactivate the record of the certificate of title that was
inactivated under division (H)(3) of this section and shall issue a
new certificate of title, but only if the application contains or has
attached to it all of the following:
(a)
An endorsement of the county treasurer that all real property taxes
charged against the home under Title LVII of the Revised Code and
division (B) of section 4503.06 of the Revised Code for all preceding
tax years have been paid;
(b)
An endorsement of the county auditor that the home will be removed
from the real property tax list;
(c)
Proof that there are no outstanding mortgages or other liens on the
home or, if there are such mortgages or other liens, that the
mortgagee or lienholder has consented to the reactivation of the
certificate of title.
(I)(1)
Whoever violates division (F) of this section shall be fined not more
than two thousand dollars, imprisoned not more than one year, or
both.
(2)
Whoever violates division (G) of this section shall be fined not more
than one thousand dollars, imprisoned not more than six months, or
both.
Sec.
4510.036.
(A)
The bureau of motor vehicles shall record within ten days of
conviction or bail forfeiture and shall keep at its main office, all
abstracts received under this section or section 4510.03, 4510.031,
4510.032, or 4510.034 of the Revised Code and shall maintain records
of convictions and bond forfeitures for any violation of a state law
or a municipal ordinance regulating the operation of vehicles,
streetcars, and trackless trolleys on highways and streets, except a
violation related to parking a motor vehicle.
(B)
Every court of record or mayor's court before which a person is
charged with a violation for which points are chargeable by this
section shall assess and transcribe to the abstract of conviction
that is furnished by the bureau to the court the number of points
chargeable by this section in the correct space assigned on the
reporting form. A United States district court that has jurisdiction
within this state and before which a person is charged with a
violation for which points are chargeable by this section may assess
and transcribe to the abstract of conviction report that is furnished
by the bureau the number of points chargeable by this section in the
correct space assigned on the reporting form. If the federal court so
assesses and transcribes the points chargeable for the offense and
furnishes the report to the bureau, the bureau shall record the
points in the same manner as those assessed and transcribed by a
court of record or mayor's court.
(C)
A court shall assess the following points for an offense based on the
following formula:
(1)
Aggravated vehicular homicide, vehicular homicide, vehicular
manslaughter, aggravated vehicular assault, or vehicular assault when
the offense involves the operation of a vehicle, streetcar, or
trackless trolley on a highway or street __________ 6 points
(2)
A violation of section 2921.331 of the Revised Code or any ordinance
prohibiting the
willful
purposeful
fleeing
or eluding of a law enforcement officer __________ 6 points
(3)
A violation of section 4549.02 or 4549.021 of the Revised Code or any
ordinance requiring the driver of a vehicle to stop and disclose
identity at the scene of an accident __________ 6 points
(4)
A violation of section 4511.251 of the Revised Code or any ordinance
prohibiting street racing, stunt driving, or street takeover
__________ 6 points
(5)
A violation of section 4510.037 of the Revised Code or any ordinance
prohibiting the operation of a motor vehicle while the driver's or
commercial driver's license is under a twelve-point suspension
__________ 6 points
(6)
A violation of section 4510.14 of the Revised Code, or any ordinance
prohibiting the operation of a motor vehicle upon the public roads or
highways within this state while the driver's or commercial driver's
license of the person is under suspension and the suspension was
imposed under section 4511.19, 4511.191, or 4511.196 of the Revised
Code or section 4510.07 of the Revised Code due to a conviction for a
violation of a municipal OVI ordinance or any ordinance prohibiting
the operation of a motor vehicle while the driver's or commercial
driver's license is under suspension for an OVI offense __________ 6
points
(7)
A violation of division (A) of section 4511.19 of the Revised Code,
any ordinance prohibiting the operation of a vehicle while under the
influence of alcohol, a drug of abuse, or a combination of them, or
any ordinance substantially equivalent to division (A) of section
4511.19 of the Revised Code prohibiting the operation of a vehicle
with a prohibited concentration of alcohol, a controlled substance,
or a metabolite of a controlled substance in the whole blood, blood
serum or plasma, breath, or urine __________ 6 points
(8)
A violation of section 2913.03 of the Revised Code that does not
involve an aircraft or motorboat or any ordinance prohibiting the
operation of a vehicle without the consent of the owner __________ 6
points
(9)
Any offense under the motor vehicle laws of this state that is a
felony, or any other felony in the commission of which a motor
vehicle was used __________ 6 points
(10)
A violation of division (B) of section 4511.19 of the Revised Code or
any ordinance substantially equivalent to that division prohibiting
the operation of a vehicle with a prohibited concentration of alcohol
in the whole blood, blood serum or plasma, breath, or urine
__________ 4 points
(11)
A violation of section 4511.20 of the Revised Code or any ordinance
prohibiting the operation of a motor vehicle in willful or wanton
disregard of the safety of persons or property __________ 4 points
(12)
A violation of any law or ordinance pertaining to speed:
(a)
Notwithstanding divisions (C)(12)(b) and (c) of this section, when
the speed exceeds the lawful speed limit by thirty miles per hour or
more __________ 4 points
(b)
When the speed exceeds the lawful speed limit of fifty-five miles per
hour or more by more than ten miles per hour __________ 2 points
(c)
When the speed exceeds the lawful speed limit of less than fifty-five
miles per hour by more than five miles per hour __________ 2 points
(d)
When the speed does not exceed the amounts set forth in divisions
(C)(12)(a), (b), or (c) of this section __________ 0 points
(13)
A violation of division (A) of section 4511.204 of the Revised Code
or any substantially similar municipal ordinance:
(a)
For a first offense within any two-year period __________ 2 points
(b)
For a second offense within any two-year period __________ 3 points
(c)
For a third or subsequent offense within any two-year period
__________ 4 points.
(14)
Operating a motor vehicle in violation of a restriction imposed by
the registrar __________ 2 points
(15)
A violation of section 4510.11, 4510.111, 4510.16, or 4510.21 of the
Revised Code or any ordinance prohibiting the operation of a motor
vehicle while the driver's or commercial driver's license is under
suspension __________ 2 points
(16)
With the exception of violations under section 4510.12 of the Revised
Code where no points shall be assessed, all other moving violations
reported under this section __________ 2 points
(D)
Upon receiving notification from the proper court, including a United
States district court that has jurisdiction within this state, the
bureau shall delete any points entered for a bond forfeiture if the
driver is acquitted of the offense for which bond was posted.
(E)
If a person is convicted of or forfeits bail for two or more offenses
arising out of the same facts and points are chargeable for each of
the offenses, points shall be charged for only the conviction or bond
forfeiture for which the greater number of points is chargeable, and,
if the number of points chargeable for each offense is equal, only
one offense shall be recorded, and points shall be charged only for
that offense.
Sec.
4511.01.
As
used in this chapter and in Chapter 4513. of the Revised Code:
(A)
"Vehicle" means every device, including a motorized bicycle
and an electric bicycle, in, upon, or by which any person or property
may be transported or drawn upon a highway, except that "vehicle"
does not include any motorized wheelchair, any electric personal
assistive mobility device, any low-speed micromobility device, any
personal delivery device as defined in section 4511.513 of the
Revised Code, any device that is moved by power collected from
overhead electric trolley wires or that is used exclusively upon
stationary rails or tracks, or any device, other than a bicycle, that
is moved by human power.
(B)
"Motor vehicle" means every vehicle propelled or drawn by
power other than muscular power or power collected from overhead
electric trolley wires, except motorized bicycles, electric bicycles,
road rollers, traction engines, power shovels, power cranes, and
other equipment used in construction work and not designed for or
employed in general highway transportation, hole-digging machinery,
well-drilling machinery, ditch-digging machinery, farm machinery, and
trailers designed and used exclusively to transport a boat between a
place of storage and a marina, or in and around a marina, when drawn
or towed on a street or highway for a distance of no more than ten
miles and at a speed of twenty-five miles per hour or less.
(C)
"Motorcycle" means every motor vehicle, other than a
tractor, having a seat or saddle for the use of the operator and
designed to travel on not more than three wheels in contact with the
ground, including, but not limited to, motor vehicles known as
"motor-driven cycle," "motor scooter,"
"autocycle," "cab-enclosed motorcycle," or
"motorcycle" without regard to weight or brake horsepower.
(D)
"Emergency vehicle" means emergency vehicles of municipal,
township, or county departments or public utility corporations when
identified as such as required by law, the director of public safety,
or local authorities, and motor vehicles when commandeered by a
police officer.
(E)
"Public safety vehicle" means any of the following:
(1)
Ambulances, including private ambulance companies under contract to a
municipal corporation, township, or county, and private ambulances
and nontransport vehicles bearing license plates issued under section
4503.49 of the Revised Code;
(2)
Motor vehicles used by public law enforcement officers or other
persons sworn to enforce the criminal and traffic laws of the state;
(3)
Any motor vehicle when properly identified as required by the
director of public safety, when used in response to fire emergency
calls or to provide emergency medical service to ill or injured
persons, and when operated by a duly qualified person who is a member
of a volunteer rescue service or a volunteer fire department, and who
is on duty pursuant to the rules or directives of that service. The
state fire marshal shall be designated by the director of public
safety as the certifying agency for all public safety vehicles
described in division (E)(3) of this section.
(4)
Vehicles used by fire departments, including motor vehicles when used
by volunteer fire fighters responding to emergency calls in the fire
department service when identified as required by the director of
public safety.
Any
vehicle used to transport or provide emergency medical service to an
ill or injured person, when certified as a public safety vehicle,
shall be considered a public safety vehicle when transporting an ill
or injured person to a hospital regardless of whether such vehicle
has already passed a hospital.
(5)
Vehicles used by the motor carrier enforcement unit for the
enforcement of orders and rules of the public utilities commission as
specified in section 5503.34 of the Revised Code.
(F)
"School bus" means every bus designed for carrying more
than nine passengers that is owned by a public, private, or
governmental agency or institution of learning and operated for the
transportation of children to or from a school session or a school
function, or owned by a private person and operated for compensation
for the transportation of children to or from a school session or a
school function, provided "school bus" does not include a
bus operated by a municipally owned transportation system, a mass
transit company operating exclusively within the territorial limits
of a municipal corporation, or within such limits and the territorial
limits of municipal corporations immediately contiguous to such
municipal corporation, nor a common passenger carrier certified by
the public utilities commission unless such bus is devoted
exclusively to the transportation of children to and from a school
session or a school function, and "school bus" does not
include a van or bus used by a licensed child care center or type A
family child care home to transport children from the child care
center or type A family child care home to a school if the van or bus
does not have more than fifteen children in the van or bus at any
time.
(G)
"Bicycle" means every device, other than a device that is
designed solely for use as a play vehicle by a child, that is
propelled solely by human power upon which a person may ride, and
that has two or more wheels, any of which is more than fourteen
inches in diameter.
(H)
"Motorized bicycle" or "moped" means any vehicle
having either two tandem wheels or one wheel in the front and two
wheels in the rear, that may be pedaled, and that is equipped with a
helper motor of not more than fifty cubic centimeters piston
displacement that produces not more than one brake horsepower and is
capable of propelling the vehicle at a speed of not greater than
twenty miles per hour on a level surface. "Motorized bicycle"
or "moped" does not include an electric bicycle.
(I)
"Commercial tractor" means every motor vehicle having
motive power designed or used for drawing other vehicles and not so
constructed as to carry any load thereon, or designed or used for
drawing other vehicles while carrying a portion of such other
vehicles, or load thereon, or both.
(J)
"Agricultural tractor" means every self-propelling vehicle
designed or used for drawing other vehicles or wheeled machinery but
having no provision for carrying loads independently of such other
vehicles, and used principally for agricultural purposes.
(K)
"Truck" means every motor vehicle, except trailers and
semitrailers, designed and used to carry property.
(L)
"Bus" means every motor vehicle designed for carrying more
than nine passengers and used for the transportation of persons other
than in a ridesharing arrangement, and every motor vehicle,
automobile for hire, or funeral car, other than a taxicab or motor
vehicle used in a ridesharing arrangement, designed and used for the
transportation of persons for compensation.
(M)
"Trailer" means every vehicle designed or used for carrying
persons or property wholly on its own structure and for being drawn
by a motor vehicle, including any such vehicle when formed by or
operated as a combination of a "semitrailer" and a vehicle
of the dolly type, such as that commonly known as a "trailer
dolly," a vehicle used to transport agricultural produce or
agricultural production materials between a local place of storage or
supply and the farm when drawn or towed on a street or highway at a
speed greater than twenty-five miles per hour, and a vehicle designed
and used exclusively to transport a boat between a place of storage
and a marina, or in and around a marina, when drawn or towed on a
street or highway for a distance of more than ten miles or at a speed
of more than twenty-five miles per hour.
(N)
"Semitrailer" means every vehicle designed or used for
carrying persons or property with another and separate motor vehicle
so that in operation a part of its own weight or that of its load, or
both, rests upon and is carried by another vehicle.
(O)
"Pole trailer" means every trailer or semitrailer attached
to the towing vehicle by means of a reach, pole, or by being boomed
or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregular shaped loads such as poles, pipes, or
structural members capable, generally, of sustaining themselves as
beams between the supporting connections.
(P)
"Railroad" means a carrier of persons or property operating
upon rails placed principally on a private right-of-way.
(Q)
"Railroad train" means a steam engine or an electric or
other motor, with or without cars coupled thereto, operated by a
railroad.
(R)
"Streetcar" means a car, other than a railroad train, for
transporting persons or property, operated upon rails principally
within a street or highway.
(S)
"Trackless trolley" means every car that collects its power
from overhead electric trolley wires and that is not operated upon
rails or tracks.
(T)
"Explosives" means any chemical compound or mechanical
mixture that is intended for the purpose of producing an explosion
that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities, or packing that an
ignition by fire, by friction, by concussion, by percussion, or by a
detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects on contiguous
objects, or of destroying life or limb. Manufactured articles shall
not be held to be explosives when the individual units contain
explosives in such limited quantities, of such nature, or in such
packing, that it is impossible to procure a simultaneous or a
destructive explosion of such units, to the injury of life, limb, or
property by fire, by friction, by concussion, by percussion, or by a
detonator, such as fixed ammunition for small arms, firecrackers, or
safety fuse matches.
(U)
"Flammable liquid" means any liquid that has a flash point
of seventy degrees fahrenheit, or less, as determined by a tagliabue
or equivalent closed cup test device.
(V)
"Gross weight" means the weight of a vehicle plus the
weight of any load thereon.
(W)
"Person" means every natural person, firm, co-partnership,
association, or corporation.
(X)
"Pedestrian" means any natural person afoot. "Pedestrian"
includes a personal delivery device as defined in section 4511.513 of
the Revised Code unless the context clearly suggests otherwise.
(Y)
"Driver or operator" means every person who drives or is in
actual physical control of a vehicle, trackless trolley, or
streetcar.
(Z)
"Police officer" means every officer authorized to direct
or regulate traffic, or to make arrests for violations of traffic
regulations.
(AA)
"Local authorities" means every county, municipal, and
other local board or body having authority to adopt police
regulations under the constitution and laws of this state.
(BB)
"Street" or "highway" means the entire width
between the boundary lines of every way open to the use of the public
as a thoroughfare for purposes of vehicular travel.
(CC)
"Controlled-access highway" means every street or highway
in respect to which owners or occupants of abutting lands and other
persons have no legal right of access to or from the same except at
such points only and in such manner as may be determined by the
public authority having jurisdiction over such street or highway.
(DD)
"Private road or driveway" means every way or place in
private ownership used for vehicular travel by the owner and those
having express or implied permission from the owner but not by other
persons.
(EE)
"Roadway" means that portion of a highway improved,
designed, or ordinarily used for vehicular travel, except the berm or
shoulder. If a highway includes two or more separate roadways the
term "roadway" means any such roadway separately but not
all such roadways collectively.
(FF)
"Sidewalk" means that portion of a street between the curb
lines, or the lateral lines of a roadway, and the adjacent property
lines, intended for the use of pedestrians.
(GG)
"Laned highway" means a highway the roadway of which is
divided into two or more clearly marked lanes for vehicular traffic.
(HH)
"Through highway" means every street or highway as provided
in section 4511.65 of the Revised Code.
(II)
"State highway" means a highway under the jurisdiction of
the department of transportation, outside the limits of municipal
corporations, provided that the authority conferred upon the director
of transportation in section 5511.01 of the Revised Code to erect
state highway route markers and signs directing traffic shall not be
modified by sections 4511.01 to 4511.79 and 4511.99 of the Revised
Code.
(JJ)
"State route" means every highway that is designated with
an official state route number and so marked.
(KK)
"Intersection" means:
(1)
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, the lateral boundary lines of the
roadways of two highways that join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different highways that join at any other angle might come into
conflict. The junction of an alley or driveway with a roadway or
highway does not constitute an intersection unless the roadway or
highway at the junction is controlled by a traffic control device.
(2)
If a highway includes two roadways that are thirty feet or more
apart, then every crossing of each roadway of such divided highway by
an intersecting highway constitutes a separate intersection. If both
intersecting highways include two roadways thirty feet or more apart,
then every crossing of any two roadways of such highways constitutes
a separate intersection.
(3)
At a location controlled by a traffic control signal, regardless of
the distance between the separate intersections as described in
division (KK)(2) of this section:
(a)
If a stop line, yield line, or crosswalk has not been designated on
the roadway within the median between the separate intersections, the
two intersections and the roadway and median constitute one
intersection.
(b)
Where a stop line, yield line, or crosswalk line is designated on the
roadway on the intersection approach, the area within the crosswalk
and any area beyond the designated stop line or yield line constitute
part of the intersection.
(c)
Where a crosswalk is designated on a roadway on the departure from
the intersection, the intersection includes the area that extends to
the far side of the crosswalk.
(LL)
"Crosswalk" means:
(1)
That part of a roadway at intersections ordinarily included within
the real or projected prolongation of property lines and curb lines
or, in the absence of curbs, the edges of the traversable roadway;
(2)
Any portion of a roadway at an intersection or elsewhere, distinctly
indicated for pedestrian crossing by lines or other markings on the
surface;
(3)
Notwithstanding divisions (LL)(1) and (2) of this section, there
shall not be a crosswalk where local authorities have placed signs
indicating no crossing.
(MM)
"Safety zone" means the area or space officially set apart
within a roadway for the exclusive use of pedestrians and protected
or marked or indicated by adequate signs as to be plainly visible at
all times.
(NN)
"Business district" means the territory fronting upon a
street or highway, including the street or highway, between
successive intersections within municipal corporations where fifty
per cent or more of the frontage between such successive
intersections is occupied by buildings in use for business, or within
or outside municipal corporations where fifty per cent or more of the
frontage for a distance of three hundred feet or more is occupied by
buildings in use for business, and the character of such territory is
indicated by official traffic control devices.
(OO)
"Residence district" means the territory, not comprising a
business district, fronting on a street or highway, including the
street or highway, where, for a distance of three hundred feet or
more, the frontage is improved with residences or residences and
buildings in use for business.
(PP)
"Urban district" means the territory contiguous to and
including any street or highway which is built up with structures
devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a quarter
of a mile or more, and the character of such territory is indicated
by official traffic control devices.
(QQ)
"Traffic control device" means a flagger, sign, signal,
marking, or other device used to regulate, warn, or guide traffic,
placed on, over, or adjacent to a street, highway, private road open
to public travel, pedestrian facility, or shared-use path by
authority of a public agency or official having jurisdiction, or, in
the case of a private road open to public travel, by authority of the
private owner or private official having jurisdiction.
(RR)
"Traffic control signal" means any highway traffic signal
by which traffic is alternately directed to stop and permitted to
proceed.
(SS)
"Railroad sign or signal" means any sign, signal, or device
erected by authority of a public body or official or by a railroad
and intended to give notice of the presence of railroad tracks or the
approach of a railroad train.
(TT)
"Traffic" means pedestrians, ridden or herded animals,
vehicles, streetcars, trackless trolleys, and other devices, either
singly or together, while using for purposes of travel any highway or
private road open to public travel.
(UU)
"Right-of-way" means either of the following, as the
context requires:
(1)
The right of a vehicle, streetcar, trackless trolley, or pedestrian
to proceed uninterruptedly in a lawful manner in the direction in
which it or the individual is moving in preference to another
vehicle, streetcar, trackless trolley, or pedestrian approaching from
a different direction into its or the individual's path;
(2)
A general term denoting land, property, or the interest therein,
usually in the configuration of a strip, acquired for or devoted to
transportation purposes. When used in this context, right-of-way
includes the roadway, shoulders or berm, ditch, and slopes extending
to the right-of-way limits under the control of the state or local
authority.
(VV)
"Rural mail delivery vehicle" means every vehicle used to
deliver United States mail on a rural mail delivery route.
(WW)
"Funeral escort vehicle" means any motor vehicle, including
a funeral hearse, while used to facilitate the movement of a funeral
procession.
(XX)
"Alley" means a street or highway intended to provide
access to the rear or side of lots or buildings in urban districts
and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley"
by the legislative authority of the municipal corporation in which
such street or highway is located.
(YY)
"Freeway" means a divided multi-lane highway for through
traffic with all crossroads separated in grade and with full control
of access.
(ZZ)
"Expressway" means a divided arterial highway for through
traffic with full or partial control of access with an excess of
fifty per cent of all crossroads separated in grade.
(AAA)
"Thruway" means a through highway whose entire roadway is
reserved for through traffic and on which roadway parking is
prohibited.
(BBB)
"Stop intersection" means any intersection at one or more
entrances of which stop signs are erected.
(CCC)
"Arterial street" means any United States or state numbered
route, controlled access highway, or other major radial or
circumferential street or highway designated by local authorities
within their respective jurisdictions as part of a major arterial
system of streets or highways.
(DDD)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where such transportation is incidental to
another purpose of a volunteer driver and includes ridesharing
arrangements known as carpools, vanpools, and buspools.
(EEE)
"Motorized wheelchair" means any self-propelled vehicle
designed for, and used by, a person with a disability and that is
incapable of a speed in excess of eight miles per hour.
(FFF)
"Child care center" and "type A family child care
home" have the same meanings as in section 5104.01 of the
Revised Code.
(GGG)
"Multi-wheel agricultural tractor" means a type of
agricultural tractor that has two or more wheels or tires on each
side of one axle at the rear of the tractor, is designed or used for
drawing other vehicles or wheeled machinery, has no provision for
carrying loads independently of the drawn vehicles or machinery, and
is used principally for agricultural purposes.
(HHH)
"Operate" means to cause or have caused movement of a
vehicle, streetcar, or trackless trolley.
(III)
"Predicate motor vehicle or traffic offense" means any of
the following:
(1)
A violation of section 4511.03, 4511.051, 4511.12, 4511.132, 4511.16,
4511.20, 4511.201, 4511.21, 4511.211, 4511.213,
4511.214,
4511.22,
4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30,
4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37,
4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43, 4511.431,
4511.432, 4511.44, 4511.441, 4511.451, 4511.452, 4511.46, 4511.47,
4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.522, 4511.53,
4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60,
4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701,
4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73, 4511.763,
4511.771, 4511.78,
or
4511.84
,
4519.401, 4519.402, 4519.403, or 4519.41
of the Revised Code;
(2)
A violation of division (A)(2) of section 4511.17, divisions (A) to
(D) of section 4511.51, or division (A) of section 4511.74 of the
Revised Code;
(3)
A violation of any provision of sections 4511.01 to 4511.76 of the
Revised Code for which no penalty otherwise is provided in the
section that contains the provision violated;
(4)
A
violation of section 4511.214 of the Revised Code;
(5)
A violation of a municipal ordinance that is substantially similar to
any section or provision set forth or described in division (III)(1),
(2),
or
(3)
,
or (4)
of this section.
(JJJ)
"Road service vehicle" means wreckers, utility repair
vehicles, and state, county, and municipal service vehicles equipped
with visual signals by means of flashing, rotating, or oscillating
lights.
(KKK)
"Beacon" means a highway traffic signal with one or more
signal sections that operate in a flashing mode.
(LLL)
"Hybrid beacon" means a type of beacon that is
intentionally placed in a dark mode between periods of operation
where no indications are displayed and, when in operation, displays
both steady and flashing traffic control signal indications.
(MMM)
"Highway traffic signal" means a power-operated traffic
control device by which traffic is warned or directed to take some
specific action. "Highway traffic signal" does not include
a power-operated sign, steadily illuminated pavement marker, warning
light, or steady burning electric lamp.
(NNN)
"Median" means the area between two roadways of a divided
highway, measured from edge of traveled way to edge of traveled way,
but excluding turn lanes. The width of a median may be different
between intersections, between interchanges, and at opposite
approaches of the same intersection.
(OOO)
"Private road open to public travel" means a private toll
road or road, including any adjacent sidewalks that generally run
parallel to the road, within a shopping center, airport, sports
arena, or other similar business or recreation facility that is
privately owned but where the public is allowed to travel without
access restrictions. "Private road open to public travel"
includes a gated toll road but does not include a road within a
private gated property where access is restricted at all times, a
parking area, a driving aisle within a parking area, or a private
grade crossing.
(PPP)
"Shared-use path" means a bikeway outside the traveled way
and physically separated from motorized vehicular traffic by an open
space or barrier and either within the highway right-of-way or within
an independent alignment. A shared-use path also may be used by
pedestrians, including skaters, joggers, users of manual and
motorized wheelchairs, and other authorized motorized and
non-motorized users. A shared-use path does not include any trail
that is intended to be used primarily for mountain biking, hiking,
equestrian use, or other similar uses, or any other single track or
natural surface trail that has historically been reserved for
nonmotorized use.
(QQQ)
"Highway maintenance vehicle" means a vehicle used in snow
and ice removal or road surface maintenance, including a snow plow,
traffic line striper, road sweeper, mowing machine, asphalt
distributing vehicle, or other such vehicle designed for use in
specific highway maintenance activities.
(RRR)
"Waste collection vehicle" means a vehicle used in the
collection of garbage, refuse, trash, or recyclable materials.
(SSS)
"Electric bicycle" means a "class 1 electric bicycle,"
a "class 2 electric bicycle," or a "class 3 electric
bicycle" as defined in this section.
(TTT)
"Class 1 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty miles per hour.
(UUU)
"Class 2 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that may provide assistance regardless of whether
the rider is pedaling and is not capable of providing assistance when
the bicycle reaches the speed of twenty miles per hour.
(VVV)
"Class 3 electric bicycle" means a bicycle that is equipped
with fully operable pedals and an electric motor of less than seven
hundred fifty watts that provides assistance only when the rider is
pedaling and ceases to provide assistance when the bicycle reaches
the speed of twenty-eight miles per hour.
(WWW)
"Low-speed micromobility device" means a device weighing
less than one hundred pounds that has handlebars, is propelled by an
electric motor or human power, and has an attainable speed on a paved
level surface of not more than twenty miles per hour when propelled
by the electric motor.
(XXX)
"Natural resources officer" means an officer appointed
pursuant to section 1501.24 of the Revised Code.
(YYY)
"Wildlife officer" means an officer designated pursuant to
section 1531.13 of the Revised Code.
Sec.
4511.214.
(A)(1)
No person shall operate a low-speed vehicle upon any street or
highway having an established speed limit greater than thirty-five
miles per hour.
(2)
No person shall operate an under-speed
or
utility
vehicle
or
a mini-truck
upon
any street or highway
except
as follows:
(a)
Upon a street or highway
having
an established speed limit
not
greater
than thirty-five miles per hour
and only
.
No person shall operate an under-speed vehicle
upon
such streets or highways
where
unless
a
local authority has granted permission for such operation in
accordance with
division
(C) of this
section
4511.215 of the Revised Code;
(b)
A state park or political subdivision employee or volunteer operating
a utility vehicle exclusively within the boundaries of state parks or
political subdivision parks for the operation or maintenance of state
or political subdivision park facilities
.
(3)
No person shall operate a motor-driven cycle or motor scooter upon
any street or highway having an established speed limit greater than
forty-five miles per hour.
(B)
This section does not prohibit either of the following:
(1)
(B)(1)
A
person
operating
may
operate
a
low-speed vehicle
,
or
an
under-speed
,
or utility
vehicle
or
a mini-truck from proceeding
across
an intersection of a street or highway having a speed limit greater
than thirty-five miles per hour;
(2)
A person
operating
may
operate
a
motor-driven cycle or motor scooter
from
proceeding
across
an intersection of a street or highway having a speed limit greater
than forty-five miles per hour.
(C)
Nothing
in this section shall prevent a
By
ordinance or resolution, a local authority may authorize the
operation of under-speed vehicles on a public street or highway under
its jurisdiction. A local authority that authorizes the operation of
under-speed vehicles shall do all of the following:
(1)
Limit the operation of those vehicles to streets and highways having
an established speed limit not greater than thirty-five miles per
hour;
(2)
Require the vehicle owner who wishes to operate the under-speed
vehicle on the public streets or highways to submit the vehicle to an
inspection conducted by a local law enforcement agency that complies
with inspection requirements established by the department of public
safety under section 4513.02 of the Revised Code;
(3)
Permit the operation on public streets or highways of only those
vehicles that successfully pass the required vehicle inspection, are
registered in accordance with Chapter 4503. of the Revised Code, and
are titled in accordance with Chapter 4505. of the Revised Code;
(4)
Notify the director of public safety, in a manner the director
determines, of the authorization for the operation of under-speed
vehicles.
(D)
A
local
authority
from
adopting
may
adopt
more
stringent local ordinances, resolutions, or regulations governing the
operation of a low-speed vehicle
or a mini-truck
,
or
an
under-speed vehicle,
a
motor-driven cycle
,
or
a
motor
scooter.
(D)
(E)
Except
as otherwise provided in this division, whoever violates division (A)
of this section is guilty of a minor misdemeanor. If within one year
of the offense, the offender previously has been convicted of or
pleaded guilty to one predicate motor vehicle or traffic offense,
whoever violates this section is guilty of a misdemeanor of the
fourth degree. If within one year of the offense, the offender
previously has been convicted of two or more predicate motor vehicle
or traffic offenses, whoever violates this section is guilty of a
misdemeanor of the third degree.
Sec.
4511.713.
(A)
No person shall operate a motor vehicle, snowmobile, or
all-purpose
all-terrain
vehicle
upon any path set aside for the exclusive use of bicycles, when an
appropriate sign giving notice of such use is posted on the path.
Nothing
in this section shall be construed to affect any rule of the director
of natural resources governing the operation of motor vehicles,
snowmobiles,
all-purpose
all-terrain
vehicles,
and bicycles on lands under the director's jurisdiction.
(B)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If, within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Sec.
4513.02.
(A)
No person shall drive or move, or cause or knowingly permit to be
driven or moved, on any highway any vehicle or combination of
vehicles which is in such unsafe condition as to endanger any person.
(B)
When directed by any state highway patrol trooper, the operator of
any motor vehicle shall stop and submit such motor vehicle to an
inspection under division (B)(1) or (2) of this section, as
appropriate, and such tests as are necessary.
(1)
Any motor vehicle not subject to inspection by the public utilities
commission shall be inspected and tested to determine whether it is
unsafe or not equipped as required by law, or that its equipment is
not in proper adjustment or repair, or in violation of the equipment
provisions of Chapter 4513. of the Revised Code.
Such
inspection shall be made with respect to the brakes, lights, turn
signals, steering, horns and warning devices, glass, mirrors, exhaust
system, windshield wipers, tires, and such other items of equipment
as designated by the superintendent of the state highway patrol by
rule or regulation adopted pursuant to sections 119.01 to 119.13 of
the Revised Code.
Upon
determining that a motor vehicle is in safe operating condition and
its equipment in conformity with Chapter 4513. of the Revised Code,
the inspecting officer shall issue to the operator an official
inspection sticker, which shall be in such form as the superintendent
prescribes except that its color shall vary from year to year.
(2)
Any motor vehicle subject to inspection by the public utilities
commission shall be inspected and tested in accordance with rules
adopted by the commission. Upon determining that the vehicle and
operator are in compliance with rules adopted by the commission, the
inspecting officer shall issue to the operator an appropriate
official inspection sticker.
(C)
The superintendent of the state highway patrol, pursuant to sections
119.01 to 119.13 of the Revised Code, shall determine and promulgate
standards for any inspection program conducted by a political
subdivision of this state. These standards shall exempt licensed
collector's vehicles and historical motor vehicles from inspection.
Any motor vehicle bearing a valid certificate of inspection issued by
another state or a political subdivision of this state whose
inspection program conforms to the superintendent's standards, and
any licensed collector's vehicle or historical motor vehicle which is
not in a condition which endangers the safety of persons or property,
shall be exempt from the tests provided in division (B) of this
section.
(D)
Every person, firm, association, or corporation that, in the conduct
of its business, owns and operates not less than fifteen motor
vehicles in this state that are not subject to regulation by the
public utilities commission and that, for the purpose of storing,
repairing, maintaining, and servicing such motor vehicles, equips and
operates one or more service departments within this state, may file
with the superintendent of the state highway patrol applications for
permits for such service departments as official inspection stations
for its own motor vehicles. Upon receiving an application for each
such service department, and after determining that it is properly
equipped and has competent personnel to perform the inspections
referred to in this section, the superintendent shall issue the
necessary inspection stickers and permit to operate as an official
inspection station. Any such person who has had one or more service
departments so designated as official inspection stations may have
motor vehicles that are owned and operated by the person and that are
not subject to regulation by the public utilities commission,
excepting private passenger cars owned by the person or the person's
employees, inspected at such service department; and any motor
vehicle bearing a valid certificate of inspection issued by such
service department shall be exempt from the tests provided in
division (B) of this section.
No
permit for an official inspection station shall be assigned or
transferred or used at any location other than therein designated,
and every such permit shall be posted in a conspicuous place at the
location designated.
If
a person, firm, association, or corporation owns and operates fifteen
or more motor vehicles in the conduct of business and is subject to
regulation by the public utilities commission, that person, firm,
association, or corporation is not eligible to apply to the
superintendent for permits to enable any of its service departments
to serve as official inspection stations for its own motor vehicles.
(E)
When any motor vehicle is found to be unsafe for operation, the
inspecting officer may order it removed from the highway and not
operated, except for purposes of removal and repair, until it has
been repaired pursuant to a repair order as provided in division (F)
of this section.
(F)
When any motor vehicle is found to be defective or in violation of
Chapter 4513. of the Revised Code, the inspecting officer may issue a
repair order, in such form and containing such information as the
superintendent shall prescribe, to the owner or operator of the motor
vehicle. The owner or operator shall thereupon obtain such repairs as
are required and shall, as directed by the inspecting officer, return
the repair order together with proof of compliance with its
provisions. When any motor vehicle or operator subject to rules of
the public utilities commission fails the inspection, the inspecting
officer shall issue an appropriate order to obtain compliance with
such rules.
(G)
Sections 4513.01 to 4513.37 of the Revised Code, with respect to
equipment on vehicles, do not apply to implements of husbandry, road
machinery, road rollers, or agricultural tractors except as made
applicable to such articles of machinery.
(H)
A
local law enforcement agency conducting an inspection on an
under-speed vehicle in accordance with section 4511.214 of the
Revised Code or on a mini-truck, utility vehicle, all-terrain
vehicle, off-highway motorcycle, or snowmobile in accordance with
sections 4519.401 to 4519.41 of the Revised Code may charge the owner
of the motorcycle or vehicle a one-time fee of ten dollars for the
completion of the inspection. The agency that conducts the inspection
shall retain the fee to offset the costs to the agency of conducting
the inspection.
(I)
Whoever
violates this section is guilty of a minor misdemeanor.
Sec.
4513.221.
(A)
The board of county commissioners of any county, and the board of
township trustees of any township subject to section 505.17 of the
Revised Code, may regulate passenger car and motorcycle noise on
streets and highways under their jurisdiction. Such regulations shall
include maximum permissible noise limits measured in decibels,
subject to the requirements of this section.
(B)
Regulations establishing maximum permissible noise limits measured in
decibels shall prohibit the operation, within the speed limits
specified herein, of a passenger car or motorcycle of a type subject
to registration at any time or under any condition of load,
acceleration, or deceleration in such manner as to exceed the
following maximum noise limits, based on a distance of not less than
fifty feet from the center of the line of travel:
(1)
For passenger cars:
(a)
When operated at a speed of thirty-five miles per hour or less, a
maximum noise limit of seventy decibels;
(b)
When operated at a speed of more than thirty-five miles per hour, a
maximum noise limit of seventy-nine decibels.
(2)
For motorcycles:
(a)
When operated at a speed of thirty-five miles per hour or less, a
maximum noise limit of eighty-two decibels;
(b)
When operated at a speed of more than thirty-five miles per hour, a
maximum noise limit of eighty-six decibels.
(C)
Maximum noise limits established pursuant to division (B) of this
section shall be measured on the "A" scale of a standard
sound level meter meeting the applicable requirements for a type 2
sound level meter as defined in American national standards institute
standard S1.4 - 1983, or the most recent revision thereof.
Measurement practices shall be in substantial conformity with
standards and recommended practice established by the society of
automotive engineers, including SAE standard J 986 A NOV81, SAE
standard J 366 MAR85, SAE standard J 331 A, and such other standards
and practices as may be approved by the federal government.
(D)
No regulation enacted under division (B) of this section shall be
effective until signs giving notice of the regulation are posted upon
or at the entrance to the highway or part thereof affected, as may be
most appropriate.
(E)
A board of county commissioners of any county may regulate noise from
passenger cars, motorcycles, or other devices using internal
combustion engines in the unincorporated area of the county, and a
board of township trustees may regulate such noise in the
unincorporated area of the township, in any of the following ways:
(1)
By prohibiting operating or causing to be operated any motor vehicle,
agricultural tractor, motorcycle,
all-purpose
all-terrain
vehicle,
or snowmobile not equipped with a factory-installed muffler or
equivalent muffler in good working order and in constant operation;
(2)
By prohibiting the removing or rendering inoperative, or causing to
be removed or rendered inoperative, other than for purposes of
maintenance, repair, or replacement, of any muffler;
(3)
By prohibiting the discharge into the open air of exhaust of any
stationary or portable internal combustion engine except through a
factory-installed muffler or equivalent muffler in good working order
and in constant operation;
(4)
By prohibiting racing the motor of any vehicle described in division
(E)(1) of this section in such a manner that the exhaust system emits
a loud, cracking, or chattering noise unusual to its normal
operation.
(F)
Whoever violates any maximum noise limit established as provided in
division (B) of this section or any of the prohibitions authorized in
division (E) of this section is guilty of a minor misdemeanor. Fines
collected under this section by the county shall be paid into the
county general fund, and such fines collected by the township shall
be paid into the township general fund.
No
regulation adopted under this section shall apply to commercial
racetrack operations.
Sec.
4513.263.
(A)
As used in this section
and in section 4513.99 of the Revised Code
:
(1)
"Automobile" means any commercial tractor, passenger car,
commercial car, or truck that is required to be factory-equipped with
an occupant restraining device for the operator or any passenger by
regulations adopted by the United States secretary of transportation
pursuant
to the "National Traffic and Motor Vehicle Safety Act of 1966,"
80 Stat. 719, 15 U.S.C.A. 1392
and
the national highway traffic safety administration. "Automobile"
does not include a utility vehicle
.
(2)
"Occupant restraining device" means a seat safety belt,
shoulder belt, harness, or other safety device for restraining a
person who is an operator of or passenger in an automobile and that
satisfies the minimum federal vehicle safety standards established by
the United States department of transportation.
(3)
"Passenger" means any person in an automobile, other than
its operator, who is occupying a seating position for which an
occupant restraining device is provided.
(4)
"Commercial tractor," "passenger car," and
"commercial car" have the same meanings as in section
4501.01 of the Revised Code.
(5)
"Vehicle" and "motor vehicle," as used in the
definitions of the terms set forth in division (A)(4) of this
section, have the same meanings as in section 4511.01 of the Revised
Code.
(6)
"Tort action" means a civil action for damages for injury,
death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71 of
the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action for
damages for breach of contract or another agreement between persons.
(B)
No person shall do any of the following:
(1)
Operate an automobile on any street or highway unless that person is
wearing all of the available elements of a properly adjusted occupant
restraining device, or operate a school bus that has an occupant
restraining device installed for use in its operator's seat unless
that person is wearing all of the available elements of the device,
as properly adjusted;
(2)
Operate an automobile on any street or highway unless each passenger
in the automobile who is subject to the requirement set forth in
division (B)(3) of this section is wearing all of the available
elements of a properly adjusted occupant restraining device;
(3)
Occupy, as a passenger, a seating position on the front seat of an
automobile being operated on any street or highway unless that person
is wearing all of the available elements of a properly adjusted
occupant restraining device;
(4)
Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C)(1)
Division (B)(3) of this section does not apply to a person who is
required by section 4511.81 of the Revised Code to be secured in a
child restraint device or booster seat.
(2)
Division (B)(1) of this section does not apply to a person who is an
employee of the United States postal service or of a newspaper home
delivery service, during any period in which the person is engaged in
the operation of an automobile to deliver mail or newspapers to
addressees.
(3)
Divisions (B)(1) and (3) of this section do not apply to a person who
has an affidavit signed by a physician licensed to practice in this
state under Chapter 4731. of the Revised Code or a chiropractor
licensed to practice in this state under Chapter 4734. of the Revised
Code that states the following:
(a)
That the person has a physical impairment that makes use of an
occupant restraining device impossible or impractical;
(b)
Whether the physical impairment is temporary, permanent, or
reasonably expected to be permanent;
(c)
If the physical impairment is temporary, how long the physical
impairment is expected to make the use of an occupant restraining
device impossible or impractical.
(4)
Divisions (B)(1) and (3) of this section do not apply to a person who
has registered with the registrar of motor vehicles in accordance
with division (C)(5) of this section.
(5)
A person who has received an affidavit under division (C)(3) of this
section stating that the person has a permanent or reasonably
expected to be permanent physical impairment that makes use of an
occupant restraining device impossible or impracticable may register
with the registrar attesting to that fact. Upon such registration,
the registrar shall make that information available in the law
enforcement automated data system. A person included in the database
under division (C)(5) of this section is not required to have the
affidavit obtained in accordance with division (C)(3) of this section
in their possession while operating or occupying an automobile.
(6)
A physician or chiropractor who issues an affidavit for the purposes
of division (C)(3) or (4) of this section is immune from civil
liability arising from any injury or death sustained by the person
who was issued the affidavit due to the failure of the person to wear
an occupant restraining device unless the physician or chiropractor,
in issuing the affidavit, acted in a manner that constituted willful,
wanton, or reckless misconduct.
(7)
The registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing a process for a person to be included
in the database under division (C)(5) of this section. The
information provided and included in the database under division
(C)(5) of this section is not a public record subject to inspection
or copying under section 149.43 of the Revised Code.
(D)
Notwithstanding any provision of law to the contrary, no law
enforcement officer shall cause an operator of an automobile being
operated on any street or highway to stop the automobile for the sole
purpose of determining whether a violation of division (B) of this
section has been or is being committed or for the sole purpose of
issuing a ticket, citation, or summons for a violation of that nature
or causing the arrest of or commencing a prosecution of a person for
a violation of that nature, and no law enforcement officer shall view
the interior or visually inspect any automobile being operated on any
street or highway for the sole purpose of determining whether a
violation of that nature has been or is being committed.
(E)
(E)(1)
All fines collected for violations of division (B) of this section,
or for violations of any ordinance or resolution of a political
subdivision that is substantively comparable to that division, shall
be forwarded to the treasurer of state for deposit into the state
treasury to the credit of the trauma and emergency medical services
fund, which is hereby created.
In
addition, the
(2)
The trauma and emergency medical services fund shall also consist of
all of the following which shall be deposited into the fund:
(a)
The
portion
of the driver's license reinstatement fee described in division
(F)(2)(g) of section 4511.191 of the Revised Code
,
plus all
;
(b)
All fines imposed under section 4519.23 of the Revised Code;
(c)
All
fees
collected under section 4765.11 of the Revised Code
,
plus all
;
(d)
All
fines
imposed under section 4765.55 of the Revised Code
,
plus the
;
(e)
All
fees
and other moneys specified in section 4766.05 of the Revised Code
,
and plus five
;
(f)
Five
per
cent of fines and moneys arising from bail forfeitures as directed by
section 5503.04 of the Revised Code
,
also shall be deposited into the trauma and emergency medical
services fund
.
All
(3)
All
money
deposited into the trauma and emergency medical services fund shall
be used by the department of public safety for the administration and
operation of the division of emergency medical services and the state
board of emergency medical, fire, and transportation services, and by
the state board of emergency medical, fire, and transportation
services to make grants, in accordance with section 4765.07 of the
Revised Code and rules the board adopts under section 4765.11 of the
Revised Code.
The
(4)
The
director
of budget and management may transfer excess money from the trauma
and emergency medical services fund to the public safety - highway
purposes fund established in section 4501.06 of the Revised Code if
the director of public safety determines that the amount of money in
the trauma and emergency medical services fund exceeds the amount
required to cover such costs incurred by the emergency medical
services agency and the grants made by the state board of emergency
medical, fire, and transportation services and requests the director
of budget and management to make the transfer.
(F)(1)
Subject to division (F)(2) of this section, the failure of a person
to wear all of the available elements of a properly adjusted occupant
restraining device in violation of division (B)(1) or (3) of this
section or the failure of a person to ensure that each minor who is a
passenger of an automobile being operated by that person is wearing
all of the available elements of a properly adjusted occupant
restraining device in violation of division (B)(2) of this section
shall not be considered or used by the trier of fact in a tort action
as evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with the
Ohio Rules of Evidence that the failure contributed to the harm
alleged in the tort action and may diminish a recovery of
compensatory damages that represents noneconomic loss, as defined in
section 2307.011 of the Revised Code, in a tort action that could
have been recovered but for the plaintiff's failure to wear all of
the available elements of a properly adjusted occupant restraining
device. Evidence of that failure shall not be used as a basis for a
criminal prosecution of the person other than a prosecution for a
violation of this section; and shall not be admissible as evidence in
a criminal action involving the person other than a prosecution for a
violation of this section.
(2)
If, at the time of an accident involving a passenger car equipped
with occupant restraining devices, any occupant of the passenger car
who sustained injury or death was not wearing an available occupant
restraining device, was not wearing all of the available elements of
such a device, or was not wearing such a device as properly adjusted,
then, consistent with the Rules of Evidence, the fact that the
occupant was not wearing the available occupant restraining device,
was not wearing all of the available elements of such a device, or
was not wearing such a device as properly adjusted is admissible in
evidence in relation to any claim for relief in a tort action to the
extent that the claim for relief satisfies all of the following:
(a)
It seeks to recover damages for injury or death to the occupant.
(b)
The defendant in question is the manufacturer, designer, distributor,
or seller of the passenger car.
(c)
The claim for relief against the defendant in question is that the
injury or death sustained by the occupant was enhanced or aggravated
by some design defect in the passenger car or that the passenger car
was not crashworthy.
(G)(1)
Whoever violates division (B)(1) of this section shall be fined
thirty dollars.
(2)
Whoever violates division (B)(3) of this section shall be fined
twenty dollars.
(3)
Except as otherwise provided in this division, whoever violates
division (B)(4) of this section is guilty of a minor misdemeanor. If
the offender previously has been convicted of or pleaded guilty to a
violation of division (B)(4) of this section, whoever violates
division (B)(4) of this section is guilty of a misdemeanor of the
third degree.
Sec.
4517.01.
As
used in sections 4517.01 to 4517.65 of the Revised Code:
(A)
"Persons" includes individuals, partnerships, associations,
joint stock companies, corporations, sole proprietorships, limited
liability companies, limited liability partnerships, business trusts,
and any other legally recognized business entities or any
combinations of individuals.
(B)
"Motor vehicle" means motor vehicle as defined in section
4501.01 of the Revised Code and also includes "
all-purpose
all-terrain
vehicle"
and "off-highway motorcycle" as those terms are defined in
section 4519.01 of the Revised Code. "Motor vehicle" does
not include a snowmobile as defined in section 4519.01 of the Revised
Code or manufactured and mobile homes.
(C)
"New motor vehicle" means a motor vehicle, the legal title
to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D)
"Ultimate purchaser" means, with respect to any new motor
vehicle, the first person, other than a dealer purchasing in the
capacity of a dealer, who in good faith purchases such new motor
vehicle for purposes other than resale.
(E)
"Business" includes any activities engaged in by any person
for the object of gain, benefit, or advantage either direct or
indirect, including activities conducted through the internet or
another computer network.
(F)
"Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the liquidator
thereof holds self out to be conducting such business; making a
casual sale or otherwise making transfers in the ordinary course of
business when the transfers are made in connection with the
disposition of all or substantially all of the transferor's assets is
not engaging in business.
(G)
"Retail sale" or "selling at retail" means the
act or attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle, including through use of the internet
or another computer network, to an ultimate purchaser.
(H)
"Retail installment contract" includes any contract in the
form of a note, chattel mortgage, conditional sales contract, lease,
agreement, or other instrument payable in one or more installments
over a period of time and arising out of the retail sale of a motor
vehicle.
(I)
"Farm machinery" means all machines and tools used in the
production, harvesting, and care of farm products.
(J)
"Dealer" or "motor vehicle dealer" means any new
motor vehicle dealer, any motor vehicle leasing dealer, any adaptive
mobility dealer, and any used motor vehicle dealer.
(K)
"New motor vehicle dealer" means any person engaged in the
business of selling at retail, displaying, offering for sale, or
dealing in new motor vehicles pursuant to a contract or agreement
entered into with the manufacturer, remanufacturer, or distributor of
the motor vehicles.
(L)
"Used motor vehicle dealer" means any person engaged in the
business of selling, displaying, offering for sale, or dealing in
used motor vehicles, at retail or wholesale, but does not mean any
new motor vehicle dealer selling, displaying, offering for sale, or
dealing in used motor vehicles incidentally to engaging in the
business of selling, displaying, offering for sale, or dealing in new
motor vehicles, any person engaged in the business of dismantling,
salvaging, or rebuilding motor vehicles by means of using used parts,
or any public officer performing official duties.
(M)
"Motor vehicle leasing dealer" 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, sublease, or other contractual
arrangement under which a charge is made for its use at a periodic
rate for a term of thirty days or more, and title to the motor
vehicle is in and remains in the motor vehicle leasing dealer who
originally leases it, irrespective of whether or not the motor
vehicle is the subject of a later sublease, and not in the user,
including any financial institution acting as a lessor for a lease or
sublease. "Motor vehicle leasing dealer" does not include a
new motor vehicle dealer that is not the lessor and that only assists
in arranging a lease on the lessor's behalf or a manufacturer or its
affiliate leasing to its employees or to dealers.
(N)
"Salesperson" means any person employed by a dealer to
sell, display, and offer for sale, or deal in motor vehicles for a
commission, compensation, or other valuable consideration, but does
not mean any public officer performing official duties.
(O)
"Casual sale" means any transfer of a motor vehicle by a
person other than a new motor vehicle dealer, used motor vehicle
dealer, adaptive mobility dealer, motor vehicle salvage dealer, as
defined in division (A) of section 4738.01 of the Revised Code,
salesperson, motor vehicle auction owner, manufacturer, or
distributor acting in the capacity of a dealer, salesperson, auction
owner, manufacturer, or distributor, to a person who purchases the
motor vehicle for use as a consumer.
(P)
"Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles, but does not mean a construction equipment auctioneer or a
construction equipment auction licensee.
(Q)
"Manufacturer" means a person who manufactures, assembles,
or imports motor vehicles, including motor homes, but does not mean a
person who only assembles or installs a body, special equipment unit,
finishing trim, or accessories on a motor vehicle chassis supplied by
a manufacturer or distributor.
(R)
"Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and that is subject to the following
properties and limitations:
(1)
A minimum of twenty-five per cent of the fold-out portion of the top
and sidewalls combined must be constructed of canvas, vinyl, or other
fabric, and form an integral part of the shelter.
(2)
When folded, the unit must not exceed:
(a)
Fifteen feet in length, exclusive of bumper and tongue;
(b)
Sixty inches in height from the point of contact with the ground;
(c)
Eight feet in width;
(d)
One ton gross weight at time of sale.
(S)
"Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed new
motor vehicle dealers, but does not mean a person who only assembles
or installs a body, special equipment unit, finishing trim, or
accessories on a motor vehicle chassis supplied by a manufacturer or
distributor.
(T)
"Flea market" means a market place, other than a dealer's
location licensed under this chapter, where a space or location is
provided for a fee or compensation to a seller to exhibit and offer
for sale or trade, motor vehicles to the general public.
(U)
"Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any new motor vehicle dealer
that purports to fix the legal rights and liabilities of the parties
to such agreement, contract, or understanding.
(V)
"Franchisee" means a person who receives new motor vehicles
from the franchisor under a franchise agreement and who offers,
sells, and provides service for such new motor vehicles to the
general public.
(W)
"Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles under
a franchise agreement to a franchisee.
(X)
"Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of new
motor vehicle dealers.
(Y)
"Factory representative" means a representative employed by
a manufacturer, remanufacturer, or by a factory branch primarily for
the purpose of promoting the sale of its motor vehicles, parts, or
accessories to dealers or for supervising or contacting its dealers
or prospective dealers.
(Z)
"Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(AA)
"Good faith" means honesty in the conduct or transaction
concerned and the observance of reasonable commercial standards of
fair dealing in the trade as is defined in section 1301.201 of the
Revised Code, including, but not limited to, the duty to act in a
fair and equitable manner so as to guarantee freedom from coercion,
intimidation, or threats of coercion or intimidation; provided
however, that recommendation, endorsement, exposition, persuasion,
urging, or argument shall not be considered to constitute a lack of
good faith.
(BB)
"Coerce" means to compel or attempt to compel by failing to
act in good faith or by threat of economic harm, breach of contract,
or other adverse consequences. Coerce does not mean to argue, urge,
recommend, or persuade.
(CC)
"Relevant market area" means any area within a radius of
ten miles from the site of a potential new dealership, except that
for manufactured home or recreational vehicle dealerships the radius
shall be twenty-five miles. The ten-mile radius shall be measured
from the dealer's established place of business that is used
exclusively for the purpose of selling, displaying, offering for
sale, or dealing in motor vehicles.
(DD)
"Wholesale" or "at wholesale" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to a transferee for the purpose of
resale and not for ultimate consumption by that transferee.
(EE)
"Motor vehicle wholesaler" means any person licensed as a
dealer under the laws of another state and engaged in the business of
selling, displaying, or offering for sale used motor vehicles, at
wholesale, but does not mean any motor vehicle dealer as defined in
this section.
(FF)(1)
"Remanufacturer" means a person who assembles or installs
passenger seating, walls, a roof elevation, or a body extension on a
conversion van with the motor vehicle chassis supplied by a
manufacturer or distributor, a person who modifies a truck chassis
supplied by a manufacturer or distributor for use as a public safety
or public service vehicle, a person who modifies a motor vehicle
chassis supplied by a manufacturer or distributor for use as a
limousine or hearse, or a person who modifies an incomplete motor
vehicle cab and chassis supplied by a new motor vehicle dealer or
distributor for use as a tow truck, but does not mean either of the
following:
(a)
A person who assembles or installs passenger seating, a roof
elevation, or a body extension on a recreational vehicle as defined
in division (Q) and referred to in division (B) of section 4501.01 of
the Revised Code;
(b)
An adaptive mobility dealer.
(2)
For the purposes of division (FF)(1) of this section, "public
safety vehicle or public service vehicle" means a fire truck,
ambulance, school bus, street sweeper, garbage packing truck, or
cement mixer, or a mobile self-contained facility vehicle.
(3)
For the purposes of division (FF)(1) of this section, "limousine"
means a motor vehicle, designed only for the purpose of carrying nine
or fewer passengers, that a person modifies by cutting the original
chassis, lengthening the wheelbase by forty inches or more, and
reinforcing the chassis in such a way that all modifications comply
with all applicable federal motor vehicle safety standards. No person
shall qualify as or be deemed to be a remanufacturer who produces
limousines unless the person has a written agreement with the
manufacturer of the chassis the person utilizes to produce the
limousines to complete properly the remanufacture of the chassis into
limousines.
(4)
For the purposes of division (FF)(1) of this section, "hearse"
means a motor vehicle, designed only for the purpose of transporting
a single casket, that is equipped with a compartment designed
specifically to carry a single casket that a person modifies by
cutting the original chassis, lengthening the wheelbase by ten inches
or more, and reinforcing the chassis in such a way that all
modifications comply with all applicable federal motor vehicle safety
standards. No person shall qualify as or be deemed to be a
remanufacturer who produces hearses unless the person has a written
agreement with the manufacturer of the chassis the person utilizes to
produce the hearses to complete properly the remanufacture of the
chassis into hearses.
(5)
For the purposes of division (FF)(1) of this section, "mobile
self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, testing
laboratory, and mobile display vehicle, each of which is designed for
purposes other than for passenger transportation and other than the
transportation or displacement of cargo, freight, materials, or
merchandise. A vehicle is remanufactured into a mobile self-contained
facility vehicle in part by the addition of insulation to the body
shell, and installation of all of the following: a generator,
electrical wiring, plumbing, holding tanks, doors, windows, cabinets,
shelving, and heating, ventilating, and air conditioning systems.
(6)
For the purposes of division (FF)(1) of this section, "tow
truck" means both of the following:
(a)
An incomplete cab and chassis that are purchased by a remanufacturer
from a new motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
wrecker body it purchases from a manufacturer or distributor of
wrecker bodies, installs an emergency flashing light pylon and
emergency lights upon the mast of the wrecker body or rooftop, and
installs such other related accessories and equipment, including push
bumpers, front grille guards with pads and other custom-ordered items
such as painting, special lettering, and safety striping so as to
create a complete motor vehicle capable of lifting and towing another
motor vehicle.
(b)
An incomplete cab and chassis that are purchased by a remanufacturer
from a new motor vehicle dealer or distributor of the cab and chassis
and on which the remanufacturer then installs in a permanent manner a
car carrier body it purchases from a manufacturer or distributor of
car carrier bodies, installs an emergency flashing light pylon and
emergency lights upon the rooftop, and installs such other related
accessories and equipment, including push bumpers, front grille
guards with pads and other custom-ordered items such as painting,
special lettering, and safety striping.
As
used in division (FF)(6)(b) of this section, "car carrier body"
means a mechanical or hydraulic apparatus capable of lifting and
holding a motor vehicle on a flat level surface so that one or more
motor vehicles can be transported, once the car carrier is
permanently installed upon an incomplete cab and chassis.
(GG)
"Operate as a new motor vehicle dealership" means engaging
in activities such as displaying, offering for sale, and selling new
motor vehicles at retail, operating a service facility to perform
repairs and maintenance on motor vehicles, offering for sale and
selling motor vehicle parts at retail, and conducting all other acts
that are usual and customary to the operation of a new motor vehicle
dealership. For the purposes of this chapter only, possession of
either a valid new motor vehicle dealer franchise agreement or a new
motor vehicle dealers license, or both of these items, is not
evidence that a person is operating as a new motor vehicle
dealership.
(HH)
"Outdoor power equipment" means garden and small utility
tractors, walk-behind and riding mowers, chainsaws, and tillers.
(II)
"Remote service facility" means premises that are separate
from a licensed new motor vehicle dealer's sales facility by not more
than one mile and that are used by the dealer to perform repairs,
warranty work, recall work, and maintenance on motor vehicles
pursuant to a franchise agreement entered into with a manufacturer of
motor vehicles. A remote service facility shall be deemed to be part
of the franchise agreement and is subject to all the rights, duties,
obligations, and requirements of Chapter 4517. of the Revised Code
that relate to the performance of motor vehicle repairs, warranty
work, recall work, and maintenance work by new motor vehicle dealers.
(JJ)
"Recreational vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(KK)
"Construction equipment auctioneer" means a person who
holds both a valid auction firm license issued under Chapter 4707. of
the Revised Code and a valid construction equipment auction license
issued under this chapter.
(LL)
"Large construction or transportation equipment" means
vehicles having a gross vehicle weight rating of more than ten
thousand pounds and includes road rollers, traction engines, power
shovels, power cranes, commercial cars and trucks, or farm trucks,
and other similar vehicles obtained primarily from the construction,
mining, transportation or farming industries.
(MM)
"Local market conditions" includes, but is not limited to:
(1)
Demographics in the franchisee's area;
(2)
Geographical and market characteristics in the franchisee's area;
(3)
Local economic circumstances;
(4)
The proximity of other motor vehicle dealers of the same line-make;
(5)
The proximity of motor vehicle manufacturing facilities;
(6)
The buying patterns of motor vehicle purchasers;
(7)
Customer drive time and drive distance.
(NN)
"Established place of business" means a permanent, enclosed
building or structure that meets all of the following requirements:
(1)
It is either owned, leased, or rented by the motor vehicle dealer.
(2)
It meets local zoning or municipal requirements.
(3)
It is regularly occupied by at least one person.
(4)
It is easily accessible to the public.
(5)
The records and files necessary to conduct the business are generally
kept and maintained at the location or are readily accessible and
available for reasonable inspection from the location.
"Established
place of business" does not mean a residence, tent, temporary
stand, storage shed, lot, or any temporary quarters, unless
authorized by the registrar of motor vehicles.
(OO)
"Adaptive mobility dealer" means any person engaged in the
business of all of the following:
(1)
Selling at retail, displaying, offering for sale, delivering, and
dealing in adaptive mobility vehicles;
(2)
Selling and installing adaptive mobility equipment, related
accessories, and other goods and services to meet the automotive
adaptive mobility needs of drivers and passengers with disabilities;
(3)
Providing maintenance and repair services for adaptive mobility
vehicles and adaptive mobility equipment.
(PP)
"Adaptive mobility equipment" means the mechanical or
electronic devices or parts that are designed to facilitate the use
of a motor vehicle by a person who is aging or a person with
disabilities, in accordance with 49 C.F.R. part 571, and that are
permanently attached to or incorporated into the motor vehicle.
Sec.
4519.01.
As
used in this chapter:
(A)
"Snowmobile" means any self-propelled vehicle designed
primarily for use on snow or ice, and steered by skis, runners, or
caterpillar treads.
(B)
"
All-purpose
All-terrain
vehicle"
means
any
a
self-propelled
vehicle
with
three or four wheels,
designed
primarily for
cross-country
travel on land and water, or on more than one type of terrain, and
steered by wheels or caterpillar treads, or any combination thereof,
including vehicles that operate on a cushion of air, vehicles
commonly known as all-terrain vehicles, all-season vehicles,
mini-bikes, and trail bikes. "All-purpose vehicle" does not
include a utility vehicle as defined in section 4501.01 of the
Revised Code or any vehicle principally used in playing golf, any
motor vehicle or aircraft required to be registered under Chapter
4503. or 4561. of the Revised Code, and any vehicle excepted from
definition as a motor vehicle by division (B) of section 4501.01 of
the Revised Code
off-road
use, that has a seat designed to be straddled by the operator and
handlebars for steering control
.
(C)
"Owner" means any person or firm, other than a lienholder
or dealer, having title to a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle,
or other right to the possession thereof.
(D)
"Operator" means any person who operates or is in actual
physical control of a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle.
(E)
"Dealer" means any person or firm engaged in the business
of manufacturing or selling snowmobiles, off-highway motorcycles, or
all-purpose
all-terrain
vehicles
at wholesale or retail, or who rents, leases, or otherwise furnishes
snowmobiles, off-highway motorcycles, or
all-purpose
all-terrain
vehicles
for hire.
(F)
"Street or highway" has the same meaning as in section
4511.01 of the Revised Code.
(G)
"Limited access highway" and "freeway" have the
same meanings as in section 5511.02 of the Revised Code.
(H)
"Interstate highway" means any part of the interstate
system of highways as defined in subsection (e), 90 Stat. 431 (1976),
23 U.S.C.A. 103, as amended.
(I)
"Off-highway motorcycle" means every motorcycle, as defined
in section 4511.01 of the Revised Code, that is designed to be
operated primarily on lands other than a street or highway.
(J)
"Electronic" and "electronic record" have the
same meanings as in section 4501.01 of the Revised Code.
(K)
"Electronic dealer" means a dealer whom the registrar of
motor vehicles designates under section 4519.511 of the Revised Code.
(L)
"Mini-truck" means a vehicle that has four wheels, is
propelled by an electric motor with a rated power of seven thousand
five hundred watts or less or an internal combustion engine with a
piston displacement capacity of six hundred sixty cubic centimeters
or less, has a total dry weight of nine hundred to two thousand two
hundred pounds, contains an enclosed cabin and a seat for the vehicle
operator, resembles a pickup truck or van with a cargo area or bed
located at the rear of the vehicle, and was not originally
manufactured to meet federal motor vehicle safety standards.
(M)
"State highway" and "state route" have the same
meanings as in section 4511.01 of the Revised Code.
(N)
"Proof of financial responsibility" has the same meaning as
in section 4509.01 of the Revised Code.
(O)
"Utility vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(P)
"Local authority" means either of the following:
(1)
The legislative authority of a municipal corporation acting on behalf
of that municipal corporation;
(2)
The board of county commissioners acting on behalf of that county or
on behalf of a township within that county.
(Q)
"Predicate motor vehicle or traffic offense" has the same
meaning as in section 4511.01 of the Revised Code.
Sec.
4519.02.
(A)(1)
(A)
Except
as provided in divisions (B), (C),
and
(D)
,
and (E)
of this section, no person shall operate any snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
within this state unless the
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle
is registered and numbered in accordance with sections 4519.03 and
4519.04 of the Revised Code.
(2)
Except as provided in section 4511.215 of the Revised Code, no
registration is required for a mini-truck that is operated within
this state. A mini-truck may be operated only in accordance with that
section and section 4519.401 of the Revised Code.
(B)(1)
(B)
No
registration is required for a snowmobile
or
,
off-highway
motorcycle
,
mini-truck, utility vehicle, or all-terrain vehicle
that is operated exclusively upon lands owned by
the
its
owner
of the snowmobile or off-highway motorcycle
,
or on lands to which
the
its
owner
of the snowmobile or off-highway motorcycle
has
a contractual right.
(2)
No registration is required for an all-purpose vehicle that is used
primarily for agricultural purposes when the owner qualifies for the
current agricultural use valuation tax credit, unless it is to be
used on any public land, trail, or right-of-way.
(3)
Any all-purpose vehicle exempted from registration under division
(B)(2) of this section and operated for agricultural purposes may use
public roads and rights-of-way when traveling from one farm field to
another, when such use does not violate section 4519.41 of the
Revised Code.
(4)
No registration is required for a snowmobile or all-purpose vehicle
that is operated on a state highway as authorized by division (F) of
section 4519.41 of the Revised Code.
(C)
No registration is required for a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
owned and used in this state by a resident of another state
whenever
if
that
state has in effect a registration law similar to this chapter and
the
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle
is properly registered under that state's law. Any snowmobile,
off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
owned and used in this state by a resident of a state not having a
registration law similar to this chapter shall comply with section
4519.09 of the Revised Code.
(D)
No registration is required for a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
owned and used in this state by the United States, another state, or
a political subdivision thereof, but the
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle
shall display the name of the owner thereon.
If such a vehicle or motorcycle is registered, the registration shall
be free of charge in accordance with section 4519.08 of the Revised
Code.
(E)
No
registration is required for a snowmobile that is operated on a state
highway as authorized by division (A)(6) of section 4519.41 of the
Revised Code, provided all other uses of the snowmobile would not
require registration.
(F)
The
owner or operator of any
all-purpose
all-terrain
vehicle
operated or used upon the waters in this state shall comply with
Chapters 1547. and 1548. of the Revised Code relative to the
operation of watercraft.
(F)
(G)
Except
as otherwise provided in this division, whoever violates division (A)
of this section shall be fined not less than fifty dollars but not
more than one hundred dollars.
Sec.
4519.03.
(A)
The owner of every snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
and
all-purpose
all-terrain
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,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
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,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
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
;
(4)
If the vehicle is an all-terrain vehicle, a mini-truck, or a utility
vehicle, whether that vehicle is used primarily for agricultural
purposes and whether the owner qualifies for the current agricultural
use valuation tax credit. The owner shall present documentary
evidence as required by the registrar to prove that the owner
qualifies for the tax credit
.
The
application shall be signed by the owner of the snowmobile,
off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
and shall be accompanied by
a
fee
any
applicable taxes and fees
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
When
an applicant first registers a snowmobile, off-highway motorcycle,
mini-truck, utility vehicle, or all-terrain
vehicle
that
is
required
to be registered under section 4519.02 of the Revised Code
in the applicant's name
,
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
the
applicant shall provide proof of ownership of the motorcycle or
vehicle. Proof of ownership may include any of the following:
(1)
The applicant may present for inspection
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
showing
title to the motorcycle or vehicle to be registered in the name of
the applicant
.
If,
under sections 4519.512 and 4519.58 of the Revised Code, a clerk
instead has issued
(2)
The applicant may present for inspection
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.
(3)
The applicant may present for inspection a bill of sale or other
affidavit of ownership if there is no certificate of title for the
motorcycle or vehicle.
(4)
The registrar or deputy registrar may electronically confirm the
applicant's ownership of the motorcycle or vehicle.
(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
The
registrar or deputy registrar shall refuse an application for
registration if either of the following apply:
(1)
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
.
(2)
Proof of ownership is required but is not presented or confirmed in
accordance with division (B) of this section
.
When
(D)
When
a
certificate of registration and registration sticker, license plate,
or validation sticker are issued upon the first registration of
a
snowmobile,
an
off-highway motorcycle
,
a mini-truck, a utility vehicle,
or
all-purpose
an
all-terrain
vehicle
by or on behalf of the owner,
and
if the motorcycle or vehicle has a certificate of title,
the
official issuing
them
the
registration
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)
(E)(1)
Each
deputy registrar shall be allowed a fee equal to the amount
established under section 4503.038 of the Revised Code for each
application or renewal application received by the deputy registrar,
which shall be 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.
(2)
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.
4519.031.
The
registrar of motor vehicles shall transmit to the tax commissioner
the names, addresses, and any other information requested by the
commissioner, of all persons who register a snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
under section 4519.03 of the Revised Code. Such information shall be
transmitted in a form agreed to by the registrar and the
commissioner.
Sec.
4519.04.
(A)
Upon the filing of an application for registration of a snowmobile,
off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
and the payment of the tax therefor, the registrar of motor vehicles
or a deputy registrar shall assign to the
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle
a distinctive number and issue and deliver to the owner in such
manner as the registrar may select, a certificate of registration, in
such form as the registrar shall prescribe. Any number so assigned to
a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
shall be a permanent number, and shall not be issued to any other
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle.
(B)(1)
In addition to the certificate of registration, the registrar or
deputy registrar also shall issue to the owner of a snowmobile or
off-highway motorcycle two decal registration stickers. The registrar
shall prescribe the color and size of the stickers and the
combination of numerals and letters displayed on them. The placement
of the decal stickers shall be one on either side of the forward
cowling or fuel tank.
(2)
The
In
addition to the certificate of registration, the
registrar
or deputy registrar also shall issue to the owner of
a
mini-truck, a utility vehicle, or
an
all-purpose
all-terrain
vehicle
,
in addition to the certificate of registration,
one license plate and a validation sticker, or a validation sticker
alone when applicable upon a registration renewal. The license plate
and validation sticker shall be displayed on the
all-purpose
mini-truck,
utility vehicle, or all-terrain
vehicle
so that they are distinctly visible, in accordance with such rules as
the registrar adopts. The validation sticker shall indicate the
expiration date of the registration period of the
all-purpose
vehicle.
During each succeeding registration period following the issuance of
the license plate and validation sticker, upon the filing of an
application for registration and payment of the
fee
applicable
taxes and fees
specified
in division (C) of this section, a validation sticker alone shall be
issued.
(C)
(C)(1)
Unless
previously canceled, each certificate of registration issued for a
snowmobile, off-highway motorcycle, or
all-purpose
all-terrain
vehicle
expires upon the thirty-first day of December in the third year after
the date it is issued.
Unless
previously canceled and except as provided in section 4519.041 of the
Revised Code, each certificate of registration issued for a
mini-truck or a utility vehicle expires annually upon the
thirty-first day of December after the date it is issued.
Application
for renewal of a certificate may be made not earlier than ninety days
preceding the expiration date
,
and
.
(2)
Except as provided in section 4519.08 of the Revised Code, the
application for and renewal of a certificate of registration for a
snowmobile, off-highway motorcycle, or all-terrain vehicle
shall
be accompanied by a fee of thirty-one dollars and twenty-five cents.
Notwithstanding
section 4519.11 of the Revised Code, of
Of
each
thirty-one dollar and twenty-five-cent fee collected
for the registration of an all-purpose vehicle
,
the registrar shall retain not more than five dollars to pay for the
licensing and registration costs the bureau of motor vehicles incurs
in registering the
all-purpose
vehicle.
The remainder of the fee shall be deposited into the state treasury
to the credit of the state recreational vehicle fund created by
section 4519.11 of the Revised Code.
(3)
Except as provided in section 4519.041 or 4519.08 of the Revised
Code, the application for and renewal of a certificate of
registration for a mini-truck or utility vehicle shall be accompanied
by the following taxes and fees:
(a)
A tax of ten dollars to be deposited into the state treasury to the
credit of the auto registration distribution fund established in
section 4501.03 of the Revised Code;
(b)
An additional fee of eleven dollars 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 to be deposited into the public safety - highway purposes
fund established in section 4501.06 of the Revised Code.
(4)(a)
If the owner of a utility vehicle intends to use the utility vehicle
on trails and other similar areas of operation managed by the
department of natural resources and open to all-terrain vehicles,
off-highway motorcycles, snowmobiles, and utility vehicles, the owner
shall pay a fee of eight dollars and seventy-five cents. The fee
shall be deposited into the state treasury to the credit of the state
recreational vehicle fund established in section 4519.11 of the
Revised Code. The registrar or deputy registrar shall issue a decal
sticker to the owner that verifies payment of the fee and
authorization to use the state trails and similar areas that allow
the use of utility vehicles.
(b)
The owner shall place the decal sticker on the utility vehicle. The
decal sticker expires upon the thirty-first day of December after the
date it is issued. Application for renewal of a decal sticker may be
made not earlier than ninety days preceding the expiration date.
Sec.
4519.041.
(A)
The registrar of motor vehicles shall authorize any person who owns a
mini-truck or a utility vehicle to file an application for
registration for not more than five succeeding registration years. At
the time of application, the applicant shall pay all of the following
taxes and fees:
(1)
The annual taxes for each registration year, calculated in accordance
with division (C)(3)(a) of section 4519.04 of the Revised Code, and
multiplied by the number of years for which the applicant is
registering;
(2)
The annual bureau of motor vehicles fee, calculated in accordance
with division (C)(3)(b) of section 4519.04 of the Revised Code, and
multiplied by the number of years for which the applicant is
registering;
(3)
The deputy registrar service fee or the bureau of motor vehicles
service fee equal to the amount established under section 4503.038 of
the Revised Code.
(B)
The registrar shall authorize any person who owns a utility vehicle
to apply to use the vehicle on trails and other similar areas of
operation managed by the department of natural resources for not more
than five succeeding years. At the time of application, the applicant
shall pay the state recreational vehicle fund fee, calculated in
accordance with division (C)(4) of section 4519.04 of the Revised
Code, and multiplied by the number of years for which the applicant
is registering.
(C)
Each certificate of registration or decal sticker issued for a
mini-truck or utility vehicle under this section expires upon the
thirty-first day of December in the second, third, fourth, or fifth
year after the date that it is issued, as applicable. Application for
renewal of a certificate or decal sticker may be made not earlier
than ninety days preceding the expiration date.
(D)
No person applying for a multi-year registration under division (A)
or a multi-year decal sticker under division (B) of this section is
entitled to a refund of any taxes or fees paid.
Sec.
4519.05.
(A)
Whenever a registered snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
is destroyed or similarly disposed of, the owner shall surrender the
certificate of registration to the registrar of motor vehicles or a
deputy registrar within fifteen days following the destruction or
disposal. The registrar thereupon shall cancel the certificate and
enter that fact in the registrar's records.
In
the case of
an
a
snowmobile,
off-highway
motorcycle
,
mini-truck, utility vehicle,
or
all-purpose
all-terrain
vehicle
for which a certificate of title has been issued, the owner also
shall surrender the certificate of title to the clerk of the court of
common pleas who issued it and the clerk, with the consent of any
lienholders noted thereon, shall enter a cancellation upon the
clerk's records and shall notify the registrar of the cancellation.
Upon the cancellation of a certificate of title in the manner
prescribed by this division, the clerk and the registrar may cancel
and destroy all certificates of title and memorandum certificates of
title in that chain of title.
(B)
Subject to division (B) of section 4519.03 of the Revised Code,
whenever the ownership of a registered snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
is transferred by sale or otherwise, the new owner, within fifteen
days following the transfer, shall make application to the registrar
or a deputy registrar for the transfer of the certificate of
registration. Upon receipt of the application and a fee of one
dollar, the registrar shall transfer the certificate to the new owner
and shall enter the new owner's name and address in the registrar's
records.
(C)
Whenever the owner of a registered snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
changes address, the owner shall surrender the certificate of
registration to the registrar or a deputy registrar within fifteen
days following the address change. Upon receipt of the certificate,
the registrar shall enter the new address thereon and shall make the
appropriate change in the registrar's records. In a case where the
owner's change of address involves a move outside of the state, the
registrar shall cancel the certificate of registration for that
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle.
(D)
Whenever a certificate of registration for a snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
is lost, mutilated, or destroyed, the owner may obtain a duplicate
certificate, which shall be identified as such, upon application and
the payment of a fee of one dollar.
(E)
The registrar and each deputy registrar may collect and retain an
additional fee equal to the amount established under section 4503.038
of the Revised Code for each application for the transfer of a
certificate of registration or duplicate certificate of registration
received by the registrar or deputy registrar.
(F)
Whoever violates division (A), (B), or (C) of this section shall be
fined not more than twenty-five dollars for a first offense; for each
subsequent offense, the offender shall be fined not less than
twenty-five nor more than fifty dollars.
Sec.
4519.08.
(A)
Any
snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
owned or leased by the state, by any of its political subdivisions,
or by any volunteer organization that uses such vehicles exclusively
for emergency purposes shall be registered free of charge.
The
(B)
Any all-terrain vehicle, mini-truck, or utility vehicle that is used
primarily for agricultural purposes, when the owner qualifies for the
current agricultural use valuation tax credit, shall be registered
free of charge.
(C)
The
registration
number and registration sticker assigned to each such snowmobile or
off-highway motorcycle, and the license plate and validation sticker
assigned to
each
such
an
all-purpose
mini-truck,
utility vehicle, or all-terrain
vehicle,
registered
free of charge in accordance with this section,
shall
be displayed as required by section 4519.04 of the Revised Code.
Sec.
4519.09.
(A)
Every
owner or operator of a snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
who is a resident of a state not having a registration law similar to
this chapter, and who expects to use the snowmobile, off-highway
motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
in Ohio, shall apply to the registrar of motor vehicles or a deputy
registrar for a temporary operating permit.
The
(B)
The
temporary
operating permit shall
be
:
(1)
Be
issued
for a period not to exceed one year from the date of issuance
,
shall be
;
(2)
Be
in
such form as the registrar determines
,
shall include
;
(3)
Include
the name and address of the owner and operator of the
snowmobile,
off-highway
motorcycle
,
or
all-purpose
vehicle
,
and any other information as the registrar considers necessary
,
and shall be
;
(4)
Be
issued upon payment of a fee of eleven dollars and twenty-five cents.
Every
(C)
Every
owner
or operator receiving a temporary operating permit shall display it
upon the reasonable request of any law enforcement officer or other
person as authorized by sections 4519.42 and 4519.43 of the Revised
Code.
Sec.
4519.10.
(A)
The purchaser of
an
a
snowmobile,
off-highway
motorcycle
,
mini-truck, utility vehicle,
or
all-purpose
all-terrain
vehicle,
upon application and proof of purchase, may obtain a temporary motor
vehicle license registration for it. The application shall be signed
by the purchaser of the
off-highway
motorcycle
or
all-purpose
vehicle.
The temporary motor vehicle license registration 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 motor vehicle license registration issued under this
section shall be in a form prescribed by the registrar of motor
vehicles, shall differ in some distinctive manner from a registration
issued under section 4503.182 of the Revised Code, shall be valid for
a period of forty-five days from the date of issuance, and shall not
be transferable or renewable. The temporary motor vehicle license
registration 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 it is likely to be exposed during
the forty-five-day period for which it is valid. The purchaser of
an
a
snowmobile,
off-highway
motorcycle
,
mini-truck, utility vehicle,
or
all-purpose
all-terrain
vehicle
shall attach the temporary motor vehicle license registration to it,
in a manner prescribed by rules the registrar shall adopt, so that
the numerals or letters are clearly visible.
The
fee for a temporary motor vehicle license registration issued under
this section is two dollars. If the temporary motor vehicle license
registration is issued by a deputy registrar, the deputy registrar
shall charge an additional fee equal to the amount established under
section 4503.038 of the Revised Code, which the deputy registrar
shall retain. 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 public safety - highway purposes fund established by section
4501.06 of the Revised Code.
(B)
The registrar may issue temporary motor vehicle license registrations
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 temporary motor vehicle license registration issued
by the registrar to a dealer shall be two dollars plus a fee equal to
the amount established under section 4503.038 of the Revised Code.
Sec.
4519.11.
(A)
Five
dollars of each fee collected under section 4519.04 of the Revised
Code and one dollar and twenty-five cents of each fee collected under
section 4519.09 of the Revised Code shall be paid into the public
safety - highway purposes fund created by section 4501.06 of the
Revised Code.
All
other
fees,
and
all
taxes
,
and fines levied, charged, or referred to in this chapter, unless
otherwise designated by law, shall be deposited into the state
treasury to the credit of the state recreational vehicle fund, which
is hereby created.
The
(B)
The
state
recreational vehicle fund shall be used for the
purpose
of enforcing
following
purposes:
(1)
Enforcing
and
administering the law relative to the registration and operation of
snowmobiles, off-highway motorcycles,
utility
vehicles,
and
all-purpose
all-terrain
vehicles
within the state
,
for the purpose of expanding
;
(2)
Expanding
the
activities of the department of natural resources to provide trails
and other areas for the operation of such
motorcycles
and
vehicles
on state-controlled land and waters
,
for the
;
(3)
The
purchase
of additional land to be used for
such
the
purposes
,
and for the
stated in division (B)(2) of this section;
(4)
The
development
and implementation by the department of programs relating to the safe
use and enjoyment of snowmobiles, off-highway motorcycles,
utility
vehicles,
and
all-purpose
all-terrain
vehicles.
(C)
All
investment earnings of the state recreational vehicle fund shall be
credited to the fund.
(D)
Notwithstanding
section 1501.01 of the Revised Code, nothing in this section
authorizes the appropriation of property to provide trails and other
areas for the operation of snowmobiles, off-highway motorcycles,
utility
vehicles,
and
all-purpose
all-terrain
vehicles.
Sec.
4519.20.
(A)
The director of public safety, pursuant to Chapter 119. of the
Revised Code, shall adopt rules for the equipment of snowmobiles,
off-highway motorcycles,
mini-trucks,
utility vehicles,
and
all-purpose
all-terrain
vehicles.
The rules may be revised from time to time as the director considers
necessary, and shall include, but not necessarily be limited to,
requirements for the following items of equipment:
(1)
At least one headlight
for
a snowmobile or an off-highway motorcycle and two headlights for a
mini-truck, a utility vehicle, or an all-terrain vehicle,
having
a minimum candlepower of sufficient intensity to reveal persons and
objects at a distance of at least one hundred feet ahead under normal
atmospheric conditions during hours of darkness;
(2)
At least one red tail light
for
a snowmobile or an off-highway motorcycle and two red tail lights for
a mini-truck, a utility vehicle, or an all-terrain vehicle,
having
a minimum candlepower of sufficient intensity to be plainly visible
from a distance of five hundred feet to the rear under normal
atmospheric conditions during hours of darkness;
(3)
Adequate brakes. Every snowmobile, while traveling on packed snow,
shall be capable of carrying a driver who weighs one hundred
seventy-five pounds or more, and, while carrying such driver, be
capable of stopping in not more than forty feet from an initial
steady speed of twenty miles per hour, or locking its traction belt.
(4)
A muffler system capable of precluding the emission of excessive
smoke or exhaust fumes, and of limiting the engine noise of vehicles.
On snowmobiles manufactured after January 1, 1973, such requirement
shall include sound dampening equipment such that noise does not
exceed eighty-two decibels on the "A" scale at fifty feet
as measured according to SAE J192 (September 1970).
(5)
Additionally, for utility vehicles, all of the following:
(a)
A roll cage;
(b)
Two red reflectors that are of such size and characteristics and so
maintained as to be visible at night from all distances within three
hundred feet to fifty feet from the vehicle;
(c)
A mirror located so as to reflect to the operator a view of the
highway to the rear of the vehicle;
(d)
Either a windshield, or if there is no windshield, the operator of
the vehicle shall wear safety glasses or another protective eye
device;
(e)
Occupant restraining devices for the operator and all passengers in
the vehicle.
(B)
No person shall operate any snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
in violation of division
(A)(1),
(2), (3), or (4)
(A)
of this section
,
except
that
are
applicable to the particular vehicle. The
equipment
specified in divisions (A)(1) and (2) of this section shall not be
required on snowmobiles, off-highway motorcycles, or
all-purpose
all-terrain
vehicles
operated
only
during
the daylight hours.
(C)
Except as otherwise provided in this division, whoever violates
division (B) of this section shall be fined not more than fifty
dollars. If the offender within the preceding year previously has
committed a violation of division (B) of this section, whoever
violates division (B) of this section shall be fined not less than
fifteen nor more than one hundred dollars, imprisoned not more than
three days, or both.
Sec.
4519.21.
The
director of public safety may authorize sample tests of new
snowmobiles, off-highway motorcycles,
mini-trucks,
utility vehicles,
and
all-purpose
all-terrain
vehicles
to determine their degree of conformity to rules adopted under
section 4519.20 of the Revised Code. In prescribing tests for muffler
equipment, the director may require sound pressure levels in decibels
to be measured on the "A" scale of a sound level meter
having characteristics defined by the American standards association
standard S1.4-1961 "General Purpose Sound Meter," and also
may require the use of applicable measurement practices outlined in
the procedures for sound level measurement of snowmobiles endorsed by
the international snowmobile industry association, January 1969, or
such other sources of standards for the measurement of sound levels
as the director may consider advisable.
Upon
finding that any make or model of vehicle authorized to be tested
under this section does not meet an applicable standard adopted by
the director, the person conducting the test shall report that fact
to the director, who immediately shall notify the manufacturer of the
vehicle and the registrar of motor vehicles. Upon receipt of a
notification, the registrar shall refuse to issue a certificate of
registration to an owner or dealer with respect to any vehicle of the
same make or model as that named in the notification until the
vehicle has been modified in such manner as the director shall
prescribe, and meets the applicable standard.
Sec.
4519.22.
(A)
No person shall have for sale, sell, offer for sale, lease, rent, or
otherwise furnish for hire in this state any new snowmobile,
off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
that fails to comply with any rule adopted by the director of public
safety under section 4519.20 of the Revised Code, after the effective
date of the rule.
(B)
Except as otherwise provided in this division, whoever violates this
section shall be fined not more than fifty dollars. If the offender
within the preceding year previously has committed a violation of
this section, whoever violates this section shall be fined not less
than fifteen nor more than one hundred dollars, imprisoned not more
than three days, or both.
Sec.
4519.23.
(A)
The operator of a utility vehicle shall ensure that the total number
of occupants of the utility vehicle does not exceed the total number
of occupant restraining devices originally installed in the utility
vehicle by its manufacturer.
(B)
The operator and each occupant of a utility vehicle shall wear all of
the available elements of a properly adjusted occupant restraining
device while the utility vehicle is being operated on any street or
highway.
(C)(1)
Whoever violates division (A) or (B) of this section shall be fined
thirty dollars.
(2)
All fines collected for violations of division (A) or (B) of this
section, or for violations of any ordinance or resolution of a
political subdivision that is substantively comparable to those
divisions, shall be transmitted to the treasurer of state for deposit
into the state treasury to the credit of the trauma and emergency
medical services fund created by section 4513.263 of the Revised
Code.
Sec.
4519.40.
(A)
Notwithstanding sections 4519.401, 4519.402, 4519.403, and 4519.41 of
the Revised Code, the director of public safety may authorize a
person to operate an off-highway motorcycle, an all-terrain vehicle,
a snowmobile, a utility vehicle, or a mini-truck on a public street
or highway for emergency travel during such time and in such manner
as designated by the director.
(B)
When authorized to operate on a public street or highway, the
applicable provisions of Chapters 4511., 4513., and 4549. of the
Revised Code apply to the operation of an off-highway motorcycle, an
all-terrain vehicle, a snowmobile, a utility vehicle, or a
mini-truck.
(C)
A person may operate an off-highway motorcycle, an all-terrain
vehicle, a snowmobile, a utility vehicle, or a mini-truck without
local authorization as follows:
(1)
When the person operates the motorcycle or vehicle exclusively on
lands owned by the owner of the motorcycle or vehicle or lands to
which the owner has a contractual right;
(2)
On other private property when the person has the permission of the
owner of the private property or any other person having a right to
the possession of the property.
(D)
No person shall operate an off-highway motorcycle, an all-terrain
vehicle, a snowmobile, a utility vehicle, or a mini-truck on any of
the following:
(1)
Private property, unless authorized under division (C) of this
section;
(2)
Any land or water controlled by the state, unless the person is
operating the motorcycle or vehicle at a location where a sign is
posted permitting such operation;
(3)
The tracks or right-of-way of an operating railroad;
(4)
A freeway.
(E)
Except as provided in sections 1533.103 and 2923.26 of the Revised
Code or by rules adopted by the department of natural resources, no
person shall operate an off-highway motorcycle, an all-terrain
vehicle, a snowmobile, a utility vehicle, or a mini-truck while doing
either of the following:
(1)
Transporting a firearm, bow, or other implement for hunting, unless
that firearm, bow, or other implement is unloaded and securely
encased;
(2)
Chasing, pursuing, capturing, or killing an animal or wildfowl.
(F)
Whoever violates division (D) or (E) of this section shall be fined
not less than fifty nor more than five hundred dollars, imprisoned
not less than three nor more than thirty days, or both.
Sec.
4519.401.
(A)
Except
as provided in this section and section 4511.215 of the Revised Code,
no
A
person
shall
may
operate
a mini-truck
within
this state
on
public streets and highways where the local authority has authorized
the operation of mini-trucks in accordance with division (B) of this
section
.
(B)
A
By
ordinance or resolution, a local authority may authorize the
operation of mini-trucks on the public streets or highways under its
jurisdiction, provided the local authority does all of the following:
(1)
Limits the operation of the mini-trucks to streets and highways
having an established speed limit not greater than thirty-five miles
per hour;
(2)
Requires the mini-truck to meet the equipment requirements specified
by the director of public safety under section 4519.20 of the Revised
Code and pass a vehicle inspection conducted by a local law
enforcement agency that complies with the inspection requirements
under section 4513.02 of the Revised Code;
(3)
Requires the mini-truck owner to register the mini-truck in
accordance with this chapter;
(4)
Notifies the director, in a manner the director determines, of the
authorization for the operation of mini-trucks on its streets and
highways.
(C)
Where authorized to operate on a public street or highway, a person
operating a mini-truck may proceed across an intersection of a street
or highway having a speed limit greater than thirty-five miles per
hour.
(D)
A
person
may operate a mini-truck
on
a farm for agricultural purposes only when the owner of the farm
qualifies for the current agricultural use valuation tax credit. A
mini-truck may be operated by or on behalf of such a farm owner
on
public
roads
streets
and
rights-of-way
only
highways
without local authorization
when
traveling from one farm field to another
for agricultural purposes if the vehicle is displaying a triangular
slow-moving vehicle emblem as described in section 4513.112 of the
Revised Code and the vehicle meets all of the equipment, inspection,
and registration requirements of this chapter
.
(C)
(E)
A
person may operate a mini-truck on property owned or leased by a
dealer who sells mini-trucks at retail
without local authorization
.
(D)
Whoever
(F)
No person shall operate a mini-truck in a manner that is not
authorized by this section or section 4519.40 of the Revised Code, or
that is not authorized by a local authority in accordance with this
section.
(G)
Except as otherwise provided in this division, whoever
violates
this section
shall
be penalized as provided in division (D) of section 4511.214 of the
Revised Code
is
guilty of a minor misdemeanor. If within one year of the offense, the
offender previously has been convicted of or pleaded guilty to one
predicate motor vehicle or traffic offense, whoever violates this
section is guilty of a misdemeanor of the fourth degree. If within
one year of the offense, the offender previously has been convicted
of two or more predicate motor vehicle or traffic offenses, whoever
violates this section is guilty of a misdemeanor of the third degree
.
Sec.
4519.402.
(A)
A person may operate a utility vehicle on public streets and highways
where the local authority has authorized the operation of utility
vehicles in accordance with division (B) of this section.
(B)
By ordinance or resolution, a local authority may authorize the
operation of utility vehicles on the public streets or highways under
its jurisdiction, provided the local authority does all of the
following:
(1)
Limits the operation of the utility vehicles to streets and highways
having an established speed limit not greater than fifty-five miles
per hour;
(2)
Requires the utility vehicle to meet the equipment requirements
specified by the director of public safety under section 4519.20 of
the Revised Code and pass a vehicle inspection conducted by a local
law enforcement agency that complies with the inspection requirements
under section 4513.02 of the Revised Code;
(3)
Requires the utility vehicle owner to register the utility vehicle in
accordance with this chapter;
(4)
Notifies the director, in a manner the director determines, of the
authorization for the operation of utility vehicles on its streets
and highways.
(C)
Where authorized to operate on a public street or highway, a person
operating a utility vehicle may do both of the following:
(1)
Proceed across an intersection of a street or highway having a speed
limit greater than fifty-five miles per hour;
(2)
Travel along a state highway with an established speed limit not
greater than fifty-five miles per hour, provided that the operator
enters the state highway from a public street or highway authorized
under division (B)(1) of this section and then exits at the next
intersecting street or highway.
The
authorization granted in division (C)(2) of this section does not
apply if the state highway is a freeway or if the next intersecting
street or highway is not authorized for the operation of utility
vehicles.
(D)
A person may operate a utility vehicle on a public street or highway
without local authorization when traveling from one farm field to
another for agricultural purposes if the vehicle is displaying a
triangular slow-moving vehicle emblem as described in section
4513.112 of the Revised Code and the vehicle meets all of the
equipment, inspection, and registration requirements of this chapter.
(E)
A state park or political subdivision employee or volunteer may
operate a utility vehicle exclusively within the boundaries of state
parks or political subdivision parks for the operation or maintenance
of state or political subdivision park facilities.
(F)
No person shall operate a utility vehicle in a manner that is not
authorized by this section or section 4519.40 of the Revised Code, or
that is not authorized by a local authority in accordance with this
section.
(G)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
Sec.
4519.403.
(A)
A person may operate an all-terrain vehicle on a public street or
highway if both of the following apply:
(1)
The street or highway is under the jurisdiction of a local authority
that, prior to the effective date of this section, authorized the
operation of all-terrain vehicles on its public streets or highways
by either an ordinance or resolution;
(2)
The local authority did not repeal or rescind the ordinance or
resolution prior to the effective date of this section.
The
authorization established under this division ceases if the local
authority repeals or rescinds the ordinance or resolution on or after
the effective date of this section.
(B)
By ordinance or resolution, a local authority may authorize a person
to operate an all-terrain vehicle to make a crossing of a public
street or highway under its jurisdiction, when all of the following
apply:
(1)
The crossing can be made in safety and will not interfere with the
movement of vehicular traffic approaching from any direction on the
highway.
(2)
The operator yields the right-of-way to any approaching traffic that
presents an immediate hazard.
(3)
The all-terrain vehicle is displaying a triangular slow-moving
vehicle emblem as described in section 4513.112 of the Revised Code.
(4)
The all-terrain vehicle meets all of the equipment, inspection, and
registration requirements of this chapter.
(C)
A person may operate an all-terrain vehicle on a public street or
highway without local authorization when traveling from one farm
field to another for agricultural purposes if the vehicle is
displaying a triangular slow-moving vehicle emblem as described in
section 4513.112 of the Revised Code and the vehicle meets all of the
equipment, inspection, and registration requirements of this chapter.
(D)
No person shall operate an all-terrain vehicle in a manner that is
not authorized by this section or section 4519.40 of the Revised
Code, or that is not authorized by a local authority in accordance
with this section.
(E)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
Sec.
4519.41.
(A)
Snowmobiles
,
and
off-highway
motorcycles
,
and all-purpose vehicles
may be operated as follows:
(A)
(1)
To
make a crossing of a highway, other than a
state
highway
as designated in division (A)(1) of section 4519.40 of the Revised
Code
,
whenever the crossing can be made in safety and will not interfere
with the movement of vehicular traffic approaching from any direction
on the highway, and provided that the operator yields the
right-of-way to any approaching traffic that presents an immediate
hazard;
(B)
(2)
On
highways in the county or township road systems whenever the local
authority having jurisdiction over such highways so permits
and provided the snowmobile or off-highway motorcycle meets all of
the equipment, inspection, and registration requirements of this
chapter
;
(C)
(3)
Off
and alongside a street or highway for limited distances from the
point of unloading from a conveyance to the point at which the
snowmobile
,
or
off-highway
motorcycle
,
or all-purpose vehicle
is intended and authorized to be operated;
(D)
(4)
On
the berm or shoulder of a highway, other than a
state
highway
as designated in division (A)(1) of section 4519.40 of the Revised
Code
,
when the terrain permits such operation to be undertaken safely and
without the necessity of entering any traffic lane;
(E)
(5)
On
the berm or shoulder of a county or township road, while traveling
from one area of operation of the snowmobile
,
or
off-highway
motorcycle
,
or all-purpose vehicle
to another such area;
(F)
(6)
For
snowmobiles without metal studded tracks
and all-purpose vehicles
,
on state highways located on an island in Lake Erie, including
limited access highways and freeways, between the first day of
November and the thirtieth day of April, provided that all of the
following conditions apply:
(1)
(a)
The
operator has a valid driver's license as required under section
4519.44 of the Revised Code.
(2)
(b)
The
snowmobile
or
all-purpose vehicle
is
in compliance with rules governing safety equipment adopted under
section 4519.20 of the Revised Code.
(3)
(c)
The
owner of the snowmobile
or
all-purpose vehicle
maintains
proof of financial responsibility for both on-road and off-road use
of the snowmobile
or all-purpose vehicle
.
(4)
(d)
The
operator obeys all traffic rules and regulations.
(B)
No person shall operate a snowmobile or an off-highway motorcycle in
a manner that is not authorized by this section or section 4519.40 of
the Revised Code, or that is not authorized by a local authority in
accordance with this section.
(C)
Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If within one year of the
offense, the offender previously has been convicted of or pleaded
guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth
degree. If within one year of the offense, the offender previously
has been convicted of two or more predicate motor vehicle or traffic
offenses, whoever violates this section is guilty of a misdemeanor of
the third degree.
Sec.
4519.42.
(A)
The
director of natural resources shall adopt rules for the operation of
snowmobiles, off-highway motorcycles,
utility
vehicles, mini-trucks,
and
all-purpose
all-terrain
vehicles
on land or waters controlled by the state.
The
(B)
The
director
also shall undertake a program relating to the development of trails
and special areas for the use of snowmobiles, off-highway
motorcycles,
utility
vehicles,
and
all-purpose
all-terrain
vehicles,
and may require any permits for such use as the director considers
necessary.
(C)
The
director may designate employees of the department of natural
resources to enforce any rules adopted under this section. An
employee so designated shall have full authority to enforce any
provision of this chapter with respect to the proper titling,
registration, equipping, and operation of snowmobiles, off-highway
motorcycles,
utility
vehicles, mini-trucks,
or
all-purpose
all-terrain
vehicles
on land or waters controlled by the state.
Sec.
4519.43.
A
board of park commissioners of any park district created under
Chapter 1545. of the Revised Code may provide by rule for the
operation of snowmobiles, off-highway motorcycles,
utility
vehicles, mini-trucks,
and
all-purpose
all-terrain
vehicles
in the parks, parkways, and other reservations of land under its
jurisdiction, and shall file a copy of any such rules with the
director of natural resources.
Any
employee of a board of park commissioners designated pursuant to
section 1545.13 of the Revised Code shall have full authority to
enforce any of the provisions of this chapter with respect to the
proper titling, registration, equipping, and operation of
snowmobiles, off-highway motorcycles,
utility
vehicles, mini-trucks,
or
all-purpose
all-terrain
vehicles
within the lands under the jurisdiction and control of the board.
Sec.
4519.44.
(A)
No person who does not hold a valid, current motor vehicle driver's
or commercial driver's license, motorcycle operator's endorsement, or
probationary license, issued under Chapter 4506. or 4507. of the
Revised Code or a valid, current driver's license issued by another
jurisdiction, shall operate a snowmobile, off-highway motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle on any street or highway in this state, on any portion of the
right-of-way thereof, or on any public land or waters.
(B)
No person who is less than sixteen years of age shall operate a
snowmobile, off-highway motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle
on any land or waters other than private property or waters owned by
or leased to the person's parent or guardian, unless accompanied by
another person who is eighteen years of age, or older, and who holds
a license as provided in division (A) of this section, except that
the department of natural resources may permit such operation on
state controlled land under its jurisdiction when such person is less
than sixteen years of age and is accompanied by a parent or guardian
who is a licensed driver eighteen years of age or older.
(C)
Whoever violates this section shall be fined not less than fifty nor
more than five hundred dollars, imprisoned not less than three nor
more than thirty days, or both.
Sec.
4519.45.
(A)
Any dealer who rents, leases, or otherwise furnishes a snowmobile,
off-highway motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle
for hire shall maintain the vehicle in safe operating condition. No
dealer, or agent or employee of a dealer, shall rent, lease, or
otherwise furnish a snowmobile, off-highway motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle
for hire to any person who does not hold a license as required by
division (A) of section 4519.44 of the Revised Code, or to any person
whom the dealer or an agent or employee of the dealer has reasonable
cause to believe is incompetent to operate the vehicle in a safe and
lawful manner.
(B)
Whoever violates this section shall be fined not less than one
hundred nor more than five hundred dollars.
Sec.
4519.46.
The
operator of a snowmobile, off-highway motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle
involved in any accident resulting in bodily injury to or death of
any person, or damage to the property of any person in excess of one
hundred dollars, shall report the accident within forty-eight hours
to the state highway patrol, the sheriff of the county within which
the accident occurred, or the chief of police, if the accident
occurred within a municipal corporation, and, within thirty days,
shall forward a written report of the accident to the registrar of
motor vehicles on a form prescribed by the registrar. If the operator
is physically incapable of making the reports and there is another
participant in the accident not so incapacitated, the participant
shall make the reports. In the event there is no other participant,
and the operator is other than the owner, the owner, within the
prescribed periods of time, shall make the reports.
Any
law enforcement officer, or other person authorized by sections
4519.42 and 4519.43 of the Revised Code, who investigates or receives
information of an accident involving a snowmobile, off-highway
motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle,
shall forward to the registrar a written report of the accident
within forty-eight hours.
The
registrar shall maintain a file of all reports received by the
registrar of accidents involving a snowmobile, off-highway
motorcycle,
utility
vehicle, mini-truck,
or
all-purpose
all-terrain
vehicle.
The reports shall be for the confidential use of the director of
public safety and the director of natural resources in the
development of equipment and operating regulations, and of programs
relating to the safe use of snowmobiles, off-highway motorcycles,
utility
vehicles, mini-truck,
and
all-purpose
all-terrain
vehicles,
except that the registrar shall furnish a copy of such report to any
person claiming to have been injured or damaged in such accident, or
the person's attorney, upon the payment of a fee of one dollar.
Sec.
4519.47.
(A)
Whenever a person is found guilty of operating a snowmobile,
off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle in violation of any rule authorized to be adopted under
section 4519.21 or 4519.42 of the Revised Code, the trial judge of
any court of record, in addition to or independent of any other
penalties provided by law, may impound for not less than sixty days
the certificate of registration and license plate, if applicable, of
that snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle.
The court shall send the impounded certificate of registration and
license plate, if applicable, to the registrar of motor vehicles, who
shall retain the certificate of registration and license plate, if
applicable, until the expiration of the period of impoundment.
(B)
If a court impounds the certificate of registration and license plate
of
a
utility vehicle or
an
all-purpose
all-terrain
vehicle
pursuant to section 2911.21 of the Revised Code, the court shall send
the impounded certificate of registration and license plate to the
registrar, who shall retain them until the expiration of the period
of impoundment.
Sec.
4519.48.
Nothing
contained in this chapter shall prevent local authorities from
regulating the operation of snowmobiles, off-highway motorcycles, and
all-purpose vehicles on streets and highways and other public
property under their jurisdiction, and within the reasonable exercise
of the police power, except that no
No
local
authority shall require the
local
registration
or licensing of any snowmobile, off-highway motorcycle,
mini-truck,
utility vehicle,
or
all-purpose
all-terrain
vehicle
required
or
authorized
to
be registered or titled under this chapter.
Sec.
4519.511.
(A)
The
registrar of motor vehicles shall designate as an electronic dealer a
dealer who meets both of the following criteria:
(A)
(1)
The
dealer has the capability, via electronic means, to send title and
registration information relating to off-highway motorcycles and
all-purpose
all-terrain
vehicles,
as specified by the registrar, to the registrar and the clerks of the
courts of common pleas.
(B)
(2)
The
dealer meets other criteria for electronic dealers that the registrar
may establish by rule adopted under Chapter 119. of the Revised Code.
(B)
An electronic dealer also may, via electronic means, send title and
registration information relating to snowmobiles, utility vehicles,
and mini-trucks, as specified by the registrar, to the registrar and
the clerks of the courts of common pleas.
Sec.
4519.512.
(A)
The
owner of an off-highway motorcycle
or
all-purpose
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
shall apply for a certificate of title for the motorcycle or vehicle
when required by this chapter
,
but, except
.
Except
as
otherwise specifically required in this chapter, the owner may elect
whether or not to have the clerk of the court of common pleas to whom
the certificate of title application is submitted issue a physical
certificate of title for the motorcycle or vehicle, as provided in
section 4519.58 of the Revised Code.
(B)
Except
as otherwise specifically provided in this chapter, any provision of
this chapter relating to the cancellation, issuance, or surrender of
a certificate of title, including, but not limited to, provisions
that contain a phrase such as "when a certificate of title is
issued," "the clerk shall issue a certificate of title,"
or "the person shall obtain a certificate of title to the
off-highway
motorcycle or all-purpose vehicle,
...
"
or another phrase of similar import, shall include those
circumstances when a clerk enters certificate of title information
into the automated title processing system, but does not take any
further action relating to a physical certificate of title for the
motorcycle or vehicle.
Sec.
4519.52.
(A)
Except as provided in sections 4519.521 and 4519.54 of the Revised
Code, no dealer engaged in the business of selling new or used
off-highway motorcycles or
all-purpose
all-terrain
vehicles
shall sell or otherwise transfer a new or used off-highway motorcycle
or
all-purpose
all-terrain
vehicle
without obtaining a certificate of title to the new or used
motorcycle or vehicle, in accordance with this chapter, and
delivering the certificate of title or memorandum certificate of
title to the purchaser or transferee.
(B)(1)
A
person who is not a dealer engaged in the business of selling new or
used off-highway motorcycles or all-purpose vehicles and
In
addition to the circumstances in which a certificate of title is
required under division (A) of this section, any person
who
owns an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
may choose to obtain a certificate of title to the motorcycle or
vehicle. The person shall comply with this chapter in order to obtain
the certificate of title.
(2)
If a person
who
is not a dealer engaged in the business of selling new or used
off-highway motorcycles or all-purpose vehicles and
who
owns an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
obtains a certificate of title to the motorcycle or vehicle, that
person, except as otherwise provided in section 4519.521 of the
Revised Code, shall not sell or otherwise transfer the motorcycle or
vehicle without delivering to the purchaser or transferee a
certificate of title with an assignment on it as is necessary to show
title in the purchaser or transferee, and no person shall
subsequently purchase or otherwise acquire the motorcycle or vehicle
without obtaining a certificate of title to the motorcycle or vehicle
in the person's own name.
(C)
Whoever violates this section shall be fined fifty dollars.
Sec.
4519.521.
(A)(1)
If a person who is not an electronic dealer owns an off-highway
motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
for which a physical certificate of title has not been issued by a
clerk of a court of common pleas and the person sells the motorcycle
or vehicle to an electronic dealer, the person is not required to
obtain a physical certificate of title to the motorcycle or vehicle
in order to transfer ownership to the dealer. The person shall
present the dealer, in a manner approved by the registrar of motor
vehicles, with sufficient proof of the person's identity and complete
and sign a form prescribed by the registrar attesting to the person's
identity and assigning the motorcycle or vehicle to the dealer. The
electronic dealer then shall inform a clerk of a court of common
pleas via electronic means of the sale of the motorcycle or vehicle
and assignment of ownership of the motorcycle or vehicle to the
dealer. The clerk shall enter the information relating to the
assignment into the automated title processing system, and ownership
of the motorcycle or vehicle passes to the dealer when the clerk
enters this information into the system. The dealer is not required
to obtain a certificate of title to the motorcycle or vehicle in the
dealer's name.
(2)
A clerk shall charge and collect from a dealer a fee of five dollars
for each motorcycle or vehicle assigned to the dealer under division
(A)(1) of this section. The fee shall be distributed in accordance
with section 4519.59 of the Revised Code.
(B)
If a person who is not an electronic dealer owns an off-highway
motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck that is titled but
for which a physical certificate of title has not been issued by a
clerk of a court of common pleas and the person sells the motorcycle
or vehicle to a person who is not an electronic dealer, the person
shall obtain a physical certificate of title to the motorcycle or
vehicle in order to transfer ownership of the
motorcycle
or
vehicle
to the person who is not an electronic dealer.
Sec.
4519.53.
(A)(1)
No
person who acquires an off-highway motorcycle
or all-purpose
,
all-terrain vehicle, snowmobile, utility
vehicle
,
or mini-truck for which a certificate of title is required by this
chapter
from the owner of it, whether the owner is a manufacturer, importer,
dealer, or any other person, acquires any right, title, claim, or
interest in or to the
off-highway
motorcycle
or
all-purpose
vehicle
until
one
of
the
following
occurs:
(a)
The
person
has
been
is
issued
a certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
,
or there is delivered to the
.
(b)
The
person
receives
a
manufacturer's or importer's certificate for
it,
or
the
motorcycle or vehicle.
(c)
The person is assigned
a
certificate of title to
it
is assigned
the
motorcycle or vehicle
as
authorized by section 4519.521 of the Revised Code.
No
(2)
No
waiver
or estoppel operates in favor of that person against a person having
possession
or
assignment
of
the certificate of title to, or manufacturer's or importer's
certificate for, the
off-highway
motorcycle
or
all-purpose
vehicle,
for a valuable consideration.
(B)
No
court in any case at law or in equity shall recognize the right,
title, claim, or interest of any person in or to any
off-highway
such
motorcycle
or
all-purpose
vehicle
,
for
which a certificate of title is required by this chapter,
sold
or disposed of, or mortgaged or encumbered, unless evidenced by one
of the following:
(A)
(1)
A
certificate of title
or a
;
(2)
A
manufacturer's
or importer's certificate issued in accordance with this chapter
,
or an
;
(3)
An
assignment
of a certificate of title made under section 4519.521 of the Revised
Code;
(B)
(4)
Admission
in the pleadings or stipulation of the parties.
Sec.
4519.54.
(A)
No
manufacturer, importer, dealer, or other person shall sell or
otherwise dispose of a new off-highway motorcycle or
all-purpose
all-terrain
vehicle
to a dealer to be used by the dealer for purposes of display and
resale, without delivering to the dealer a manufacturer's or
importer's certificate executed in accordance with this section, and
with such assignments thereon as are necessary to show title in the
purchaser. No dealer shall purchase or acquire a new off-highway
motorcycle or
all-purpose
all-terrain
vehicle
without obtaining from the seller the manufacturer's or importer's
certificate.
(B)
A
manufacturer's or importer's certificate of the origin of an
off-highway motorcycle or
all-purpose
all-terrain
vehicle
shall contain the following information, in such form and together
with such further information as the registrar of motor vehicles may
require:
(A)
(1)
A
description of the off-highway motorcycle or
all-purpose
all-terrain
vehicle,
including its make, year, series or model, if any, body type, and
manufacturer's vehicle identification number;
(B)
(2)
Certification
of the date of transfer of the off-highway motorcycle or
all-purpose
all-terrain
vehicle
to a distributor or dealer or other transferee, and the name and
address of the transferee;
(C)
(3)
Certification
that this was the first transfer of the new off-highway motorcycle or
all-purpose
all-terrain
vehicle
in ordinary trade and commerce;
(D)
(4)
The
signature and address of a representative of the transferor.
(C)
An
assignment of a manufacturer's or importer's certificate before a
notary public or other officer empowered to administer oaths shall be
printed on the reverse side of the manufacturer's or importer's
certificate in a form to be prescribed by the registrar. The
assignment form shall include the name and address of the transferee,
a certification that the off-highway motorcycle or
all-purpose
all-terrain
vehicle
is new, and a warranty that the title at the time of delivery is
subject only to such liens and encumbrances as are set forth and
described in full in the assignment.
Sec.
4519.55.
Application
(A)(1)
Any application
for
a certificate of title for an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
shall be made upon a form prescribed by the registrar of motor
vehicles and shall be sworn to before a notary public or other
officer empowered to administer oaths. The application shall be filed
with the clerk of any court of common pleas. An application for a
certificate of title may be filed electronically by any electronic
means approved by the registrar in any county with the clerk of the
court of common pleas of that county.
(2)
If
an application for a certificate of title is filed electronically by
an electronic dealer on behalf of the purchaser of an off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
the clerk shall retain the completed electronic record to which the
electronic
dealer
converted the certificate of title application and other required
documents. The registrar, after consultation with the attorney
general, shall adopt rules that govern the location at which, and the
manner in which, are stored the actual application and all other
documents relating to the sale
of
an off-highway motorcycle or all-purpose vehicle
when
an electronic dealer files the application for a certificate of title
electronically on behalf of the purchaser.
(B)
The
application shall be accompanied by the fee prescribed in section
4519.59 of the Revised Code. The fee shall be retained by the clerk
who issues the certificate of title and shall be distributed in
accordance with that section. If a clerk of a court of common pleas,
other than the clerk of the court of common pleas of an applicant's
county of residence, issues a certificate of title to the applicant,
the clerk shall transmit data related to the transaction to the
automated title processing system.
(C)(1)
If
a certificate of title previously has been issued for
an
the
off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
the application also shall be accompanied by the certificate of title
duly assigned, unless otherwise provided in this chapter.
If
(2)
If
a
certificate of title previously has not been issued for the
off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
the application, unless otherwise provided in this chapter, shall be
accompanied by
a
one
of the following:
(a)
A
manufacturer's
or importer's certificate;
by
a
(b)
A
sworn
statement of ownership;
or
by a
(c)
A
certificate
of title, bill of sale, or other evidence of ownership required by
law of another state from which the
off-highway
motorcycle
or
all-purpose
vehicle
was brought into this state.
The
(3)
The
registrar,
in accordance with Chapter 119. of the Revised Code, shall prescribe
the types of additional documentation sufficient to establish proof
of ownership, including, but not limited to, receipts from the
purchase of parts or components, photographs, and affidavits of other
persons.
(D)(1)
If
the application is made by two persons regarding an off-highway
motorcycle
or
,
an
all-purpose
all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
in which they wish to establish joint ownership with right of
survivorship, they may do so as provided in section 2131.12 of the
Revised Code.
If
(2)
If
the
applicant requests a designation of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
in beneficiary form so that upon the death of the owner of the
off-highway
motorcycle
or
all-purpose
vehicle,
ownership of the
off-highway
motorcycle
or
all-purpose
vehicle
will pass to a designated transfer-on-death beneficiary or
beneficiaries, the applicant may do so as provided in section 2131.13
of the Revised Code. A person who establishes ownership of
an
off-highway
the
motorcycle
or
an
all-purpose
vehicle
that is transferable on death in accordance with section 2131.13 of
the Revised Code may terminate that type of ownership or change the
designation of the transfer-on-death beneficiary or beneficiaries by
applying for a certificate of title pursuant to this section.
(E)
For
purposes of the transfer of a certificate of title, if the clerk is
satisfied that a secured party has duly discharged a lien notation
but has not canceled the lien notation with a clerk, the clerk may
cancel the lien notation on the automated title processing system and
notify the clerk of the county of origin.
(F)(1)
In
the case of the sale of an off-highway motorcycle or
all-purpose
all-terrain
vehicle
by a dealer to a general purchaser or user, the certificate of title
shall be obtained in the name of the purchaser by the dealer upon
application signed by the purchaser.
In
(2)
In the case of a dealer selling a snowmobile, utility vehicle, or
mini-truck to a general purchaser, the dealer may obtain a
certificate of title in the name of the purchaser upon application
signed by the purchaser.
(3)
In
all
other cases
not specified by division (F)(1) or (2) of this section
,
the certificate shall be obtained by the purchaser.
In
(4)
In
all
cases of transfer of
an
a
titled
off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
the application for certificate of title shall be filed within thirty
days after the later of the date of purchase or assignment of
ownership of the
off-highway
motorcycle
or
all-purpose
vehicle.
If
(5)
If
the
application for certificate of title is not filed within
the
thirty
days
after
the later of the date of purchase or assignment of ownership of the
off-highway motorcycle or all-purpose vehicle
as
provided by division (G)(3) of this section
,
the clerk shall charge a late filing fee of five dollars in addition
to the fee prescribed by section 4519.59 of the Revised Code. The
clerk shall retain the entire amount of each late filing fee.
(G)(1)
Except
in
the case of an off-highway motorcycle or all-purpose vehicle
purchased prior to July 1, 1999
as
provided by division (G)(3) of this section
,
the clerk shall refuse to accept an application for certificate of
title unless the applicant either tenders with the application
payment of all taxes levied by or pursuant to Chapter 5739. or 5741.
of the Revised Code based on the purchaser's county of residence, or
submits either of the following:
(A)
(a)
A receipt issued by the tax commissioner or a clerk of courts showing
payment of the tax;
(B)
(b)
An exemption certificate, in any form prescribed by the tax
commissioner, that specifies why the purchase is not subject to the
tax imposed by Chapter 5739. or 5741. of the Revised Code.
(2)
Payment
of the tax shall be made in accordance with division (E) of section
4505.06 of the Revised Code and any rules issued by the tax
commissioner. When a dealer submits payment of the tax to the clerk,
the dealer shall retain any discount to which the dealer is entitled
under section 5739.12 of the Revised Code. The clerk shall issue a
receipt in the form prescribed by the tax commissioner to any
applicant who tenders payment of the tax with the application for a
certificate of title.
If
the application for a certificate of title is for an off-highway
motorcycle or all-purpose vehicle purchased prior to July 1, 1999,
the
(3)
A
clerk
shall accept
the
an
application
for
a certificate of title
without
payment of the taxes levied by or pursuant to Chapter 5739. or 5741.
of the Revised Code or presentation of either of the items listed in
division
(A)
or (B)
(G)(1)
of this section
for both of the following:
(a)
An off-highway motorcycle or all-terrain vehicle purchased prior to
July 1, 1999;
(b)
A snowmobile, utility vehicle, or mini-truck purchased prior to the
effective date of this amendment
.
(H)(1)
For
receiving and disbursing such taxes paid to the clerk by a resident
of the clerk's county, the clerk may retain a poundage fee of one and
one-hundredth per cent of the taxes collected, which shall be paid
into the certificate of title administration fund created by section
325.33 of the Revised Code. The clerk shall not retain a poundage fee
from payments of taxes by persons who do not reside in the clerk's
county.
(2)
A
clerk, however, may retain from the taxes paid to the clerk an amount
equal to the poundage fees associated with certificates of title
issued by other clerks of courts of common pleas to applicants who
reside in the first clerk's county. The registrar, in consultation
with the tax commissioner and the clerks of the courts of common
pleas, shall develop a report from the automated title processing
system that informs each clerk of the amount of the poundage fees
that the clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county.
(3)
In
the case of casual sales of
off-highway
such
motorcycles
or
all-purpose
vehicles
that are subject to the tax imposed by Chapter 5739. or 5741. of the
Revised Code, the purchase price for the purpose of determining the
tax shall be the purchase price on an affidavit executed and filed
with the clerk by the seller on a form to be prescribed by the
registrar, which shall be prima-facie evidence of the price for the
determination of the tax.
(I)
In
addition to the information required by section 4519.57 of the
Revised Code, each certificate of title shall contain in bold
lettering the following notification and statements: "WARNING TO
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by law
to state the true selling price. A false statement is in violation of
section 2921.13 of the Revised Code and is punishable by six months
imprisonment or a fine of up to one thousand dollars, or both. All
transfers are audited by the department of taxation. The seller and
buyer must provide any information requested by the department of
taxation. The buyer may be assessed any additional tax found to be
due."
(J)
The
clerk shall forward all payments of taxes, less poundage fees, to the
registrar of motor vehicles in a manner to be prescribed by the tax
commissioner and shall furnish information to the commissioner as the
commissioner may require.
(K)
Every
clerk shall have the capability to transact by electronic means all
procedures and transactions relating to the issuance of certificates
of title for off-highway motorcycles
and all-purpose
,
all-terrain
vehicles
,
snowmobiles, utility vehicles, or mini-trucks
that are described in the Revised Code as being accomplished by
electronic means.
Sec.
4519.551.
Notwithstanding
any general requirement in this chapter to the effect that an
application for a certificate of title to an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
shall be "sworn to" or shall be "sworn to before a
notary public or other officer empowered to administer oaths,"
that requirement shall apply only in the case of a transfer of
an
off-highway
a
motorcycle
or
all-purpose
vehicle
between parties in the course of a sale by a person other than a
registered dealer to a person who purchases the
off-highway
motorcycle
or
all-purpose
vehicle
for use as a consumer.
Sec.
4519.56.
(A)
(A)(1)
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
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
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)
(a)
Name, address, and social security number or employer's tax
identification number of the applicant;
(2)
(b)
Statement of how the
off-highway
motorcycle
or
all-purpose
vehicle
was acquired;
(3)
(c)
Name and address of the previous owner;
(4)
(d)
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)
(e)
If there are no outstanding liens, mortgages, or other encumbrances,
a statement of that fact;
(6)
(f)
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.
(2)
If
the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
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
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
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.
(3)
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
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
.
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 public safety - highway
purposes fund established by section 4501.06 of the Revised Code.
(B)
(B)(1)
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
as
provided in division (B)(2) of this section
,
if the application for a certificate of title refers to an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
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 physical inspection certificate shall verify
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, a clerk of the common pleas' office if the clerk
offers such physical inspections, or at an established place of
business operated by a licensed motor vehicle dealer. The deputy
registrar, clerk of the court of common pleas, or motor vehicle
dealer may charge a maximum fee equal to the amount established under
section 4503.038 of the Revised Code for conducting the physical
inspection.
(2)
A new off-highway motorcycle or all-terrain vehicle that is sold by a
dealer and is evidenced by a manufacturer's or importer's certificate
does not require an accompanying physical inspection certificate
under division (B)(1) of this section.
(C)
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 public safety - highway
purposes fund established by section 4501.06 of the Revised Code.
Sec.
4519.57.
(A)
(A)(1)
When the clerk of a court of common pleas issues a physical
certificate of title for an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
the clerk shall issue it over the clerk's official seal. The front
side of each physical certificate of title shall contain the
information required in the application for it as prescribed by
section 4519.56 of the Revised Code, spaces for the dates of notation
and cancellation of two liens, mortgages, or encumbrances, and any
other pertinent information as may be required by the registrar of
motor vehicles
,
but
.
The physical certificate of title
shall
contain neither the social security number nor taxpayer
identification number of the applicant.
The
(2)
The
reverse
side of each physical certificate of title shall contain all of the
information specified in division (F) of section 4505.07 of the
Revised Code. An assignment of certificate of title before a notary
public or other officer empowered to administer oaths shall appear on
the reverse side of each physical certificate of title in the form to
be prescribed by the registrar. The assignment form shall include a
warranty that the signer is the owner of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
and that there are no mortgages, liens, or encumbrances on the
off-highway
motorcycle
or
all-purpose
vehicle
except as are noted on the face of the certificate of title.
(3)
Physical
certificates of title also shall
bear
display
a
statement that liens applicable to the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
other than the two for which there are spaces on the certificates may
exist and, if so, are entered into the automated title processing
system.
(B)
An electronic certificate of title is an electronic record stored in
the automated title processing system that establishes ownership of
an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
as well as any security interests that exist in that
off-highway
motorcycle
or
all-purpose
vehicle.
Sec.
4519.58.
(A)
(A)(1)
When the clerk of a court of common pleas issues a physical
certificate of title, the clerk shall issue the certificate of title
on a form and in a manner prescribed by the registrar of motor
vehicles. The clerk shall file a copy of the physical evidence for
the creation of the certificate of title in a manner prescribed by
the registrar. A clerk may retain digital images of documents used as
evidence for issuance of a certificate of title. Certified printouts
of documents retained as digital images shall have the same
evidentiary value as the original physical documents. The record of
the issuance of the certificate of title shall be maintained in the
automated title processing system.
The
(2)
The
clerk
shall sign and affix the clerk's seal to the original certificate of
title and, if there are no liens on the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
shall deliver the certificate to the applicant or the selling dealer
,
as applicable
.
Except as otherwise provided in this section, if there are one or
more liens on the
off-highway
motorcycle
or
all-purpose
vehicle,
the certificate of title shall be delivered to the holder of the
first lien. If the certificate of title is obtained by a dealer on
behalf of the applicant and there are one or more liens on the
off-highway
motorcycle
or
all-purpose
vehicle,
the clerk shall issue a certificate of title and may issue a
memorandum certificate of title. The certificate of title and
memorandum certificate of title, if issued, shall be delivered to the
holder of the first lien or the selling dealer, who shall deliver the
certificate of title to the holder of the first lien and the
memorandum certificate of title to the applicant. The selling dealer
also may make arrangements with the clerk to have the clerk deliver
the memorandum certificate of title to the applicant.
(B)
(B)(1)
The registrar shall prescribe a uniform method of numbering
certificates of title. The numbering shall be in such manner that the
county of issuance is indicated. Numbers shall be assigned to
certificates of title in the manner prescribed by the registrar. The
clerk shall file all certificates of title according to the rules to
be prescribed by the registrar, and the clerk shall maintain in the
clerk's office indexes for the certificates of title.
(2)
The
clerk need not retain on file any current certificates of title,
current duplicate certificates of title, current memorandum
certificates of title, or current salvage certificates of title, or
supporting evidence of them, covering any off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
for a period longer than seven years after the date of their filing
;
thereafter
.
Thereafter
,
the documents and supporting evidence may be destroyed. The clerk
need not retain on file any inactive records, including certificates
of title, duplicate certificates of title, or memorandum certificates
of title, or supporting evidence of them, including the electronic
record described in section 4519.55 of the Revised Code, covering any
off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
for a period longer than five years after the date of their filing
;
thereafter
.
Thereafter
,
the documents and supporting evidence may be destroyed.
(3)
The
automated title processing system shall contain all active records
and an index of the active records, and shall contain a record and
index of all inactive titles for ten years, and a record and index of
all inactive titles for
manufactured
and mobile homes
off-highway
motorcycles, all-terrain vehicles, snowmobiles, utility vehicles, or
mini-trucks
for
thirty years. If the clerk provides a written copy of any information
contained in the database, the copy shall be considered the original
for purposes of the clerk certifying the record of such information
for use in any legal proceedings.
(C)
Except as provided in this division, the clerk shall issue a physical
certificate of title to an applicant unless the applicant
specifically requests the clerk not to issue a physical certificate
of title and instead to issue an electronic certificate of title. In
the case of a title application that is submitted electronically to
the clerk, the clerk shall issue an electronic certificate of title
unless the applicant requests the issuance of a physical certificate
of title. The fact that a physical certificate of title is not issued
for an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
does not affect ownership of the motorcycle or vehicle. In that case,
when the clerk completes the process of entering certificate of title
application information into the automated title processing system,
the effect of the completion of the process is the same as if the
clerk actually issued a physical certificate of title for the
motorcycle or vehicle.
(D)
An electronic dealer
,
who applies for a certificate of title on behalf of a customer
who purchases an off-highway motorcycle or all-purpose vehicle from
the dealer
,
may
print a non-negotiable evidence of ownership for the customer if the
customer so requests. The authorization to print the non-negotiable
evidence of ownership shall come from the clerk with whom the dealer
makes application for the certificate of title for the customer, but
the printing by the dealer does not create an agency relationship of
any kind between the dealer and the clerk.
(E)
The owner of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
may apply at any time to a clerk of a court of common pleas for a
non-negotiable evidence of ownership for the
off-highway
motorcycle
or
all-purpose
vehicle.
Sec.
4519.59.
(A)(1)
The clerk of a court of common pleas shall charge and retain fees as
follows:
(a)
Fifteen dollars for each certificate of title or duplicate
certificate of title including the issuance of a memorandum
certificate of title, authorization to print a non-negotiable
evidence of ownership described in division (D) of section 4519.58 of
the Revised Code, non-negotiable evidence of ownership printed by the
clerk under division (E) of that section, and notation of any lien on
a certificate of title that is applied for at the same time as the
certificate of title. The clerk shall retain eleven dollars and fifty
cents of that fee for each certificate of title when there is a
notation of a lien or security interest on the certificate of title,
twelve dollars and twenty-five cents when there is no lien or
security interest noted on the certificate of title, and eleven
dollars and fifty cents for each duplicate certificate of title.
(b)
Five dollars for each certificate of title with no security interest
noted that is issued to a licensed motor vehicle dealer for resale
purposes. The clerk shall retain two dollars and twenty-five cents of
that fee.
(c)
Five dollars for each memorandum certificate of title or
non-negotiable evidence of ownership that is applied for separately.
The clerk shall retain that entire fee.
(2)
The fees that are not retained by the clerk shall be paid to the
registrar of motor vehicles 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 forwarded or that in
which the registrar is notified of a lien or cancellation of a lien.
(B)(1)
The registrar shall pay twenty-five cents of the amount received for
each certificate of title that is issued to a motor vehicle dealer
for resale, one dollar for certificates of title issued with a lien
or security interest noted on the certificate of title, and
twenty-five cents for each certificate of title with no lien or
security interest noted on the certificate of title into the public
safety - highway purposes fund established in section 4501.06 of the
Revised Code.
(2)
Fifty cents of the amount received for each certificate of title
shall be paid by the registrar as follows:
(a)
Four cents shall be paid into the state treasury to the credit of the
motor vehicle dealers board fund created in section 4505.09 of the
Revised Code, for use as described in division (B)(2)(a) of that
section.
(b)
Twenty-one
Thirty-one
cents
shall be paid into the highway operating fund.
(c)
Twenty-five
Fifteen
cents
shall be paid into the state treasury to the credit of the motor
vehicle sales audit fund created in section 4505.09 of the Revised
Code, for use as described in division (B)(2)(c) of that section.
(3)
Two dollars of the amount received by the registrar for each
certificate of title shall be paid into the state treasury to the
credit of the automated title processing fund created in section
4505.09 of the Revised Code, for use as described in divisions
(B)(3)(a) and (c) of that section.
Sec.
4519.60.
(A)
In
the event of the transfer of
This
section applies when
ownership
of an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck transfers
by operation of law, as upon inheritance, devise, bequest, order in
bankruptcy, insolvency, replevin, or execution of sale, or when
repossession is had upon default in performance of the terms of a
security agreement as provided in Chapter 1309. of the Revised Code
,
a
.
(B)
A
clerk
of a court of common pleas
,
upon the
may issue to an applicant a certificate of title to an off-highway
motorcycle, an all-terrain vehicle, a snowmobile, a utility vehicle,
or a mini-truck after all of the following occur:
(1)
The
surrender
of the prior certificate of title or the manufacturer's or importer's
certificate,
if
any,
or,
when that is not possible, upon presentation to the clerk of
satisfactory proof of ownership and rights of possession to the
off-highway
motorcycle
or
all-purpose
vehicle
,
and upon
;
(2)
The
payment
of the fee prescribed in section 4519.59 of the Revised Code
and
;
(3)
The
presentation
of
an
a
completed
application
for certificate of title
,
may issue to the applicant a certificate of title to the off-highway
motorcycle or all-purpose vehicle
.
Only
(C)
Only
an
affidavit by the person or agent of the person to whom possession of
the
off-highway
motorcycle
or
all-purpose
vehicle
has passed, setting forth the facts entitling the person to the
possession and ownership, together with a copy of the journal entry,
court order, or instrument upon which the claim of possession and
ownership is founded, is satisfactory proof of ownership and right of
possession. If the applicant cannot produce that proof of ownership,
the applicant may apply directly to the registrar of motor vehicles
and submit the
applicant's
evidence
the
applicant has, and the
of
ownership. The
registrar,
upon finding the evidence sufficient, may authorize the clerk to
issue a certificate of title. If, from the records in the office of
the clerk, there appears to be any lien on the
off-highway
motorcycle
or
all-purpose
vehicle,
the certificate of title shall contain a statement of the lien unless
the application is accompanied by proper evidence of its extinction.
(B)
(D)
Upon
the death of one of the persons who have established joint ownership
with right of survivorship under section 2131.12 of the Revised Code
in an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
and the presentation to the clerk of the title and the certificate of
death of the deceased person, the clerk shall enter into the records
the transfer of the
off-highway
motorcycle
or
all-purpose
vehicle
to the surviving person
,
and the
.
The
title
to the
off-highway
motorcycle
or
all-purpose
vehicle
immediately passes to the surviving person. The transfer does not
affect any liens on the
off-highway
motorcycle
or
all-purpose
vehicle.
(C)
(E)
Upon
the death of an owner of an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
designated in beneficiary form under section 2131.13 of the Revised
Code, upon application of the transfer-on-death beneficiary or
beneficiaries designated pursuant to that section, and upon
presentation to the clerk of the certificate of title and the
certificate of death of the deceased owner, the clerk shall transfer
the
off-highway
motorcycle
or
all-purpose
vehicle
and issue a certificate of title to the transfer-on-death beneficiary
or beneficiaries. The transfer does not affect any liens upon any
off-highway
motorcycle
or
all-purpose
vehicle
so transferred.
Sec.
4519.61.
(A)
Each owner of an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
and each person mentioned as owner in the last certificate of title,
when
the
off-highway
that
motorcycle
or
all-purpose
vehicle
is dismantled, destroyed, or changed in such manner that it loses its
character as
an
off-highway
the
original
motorcycle
or
all-purpose
vehicle
titled
,
or changed in such manner that it is not the
off-highway
motorcycle
or
all-purpose
vehicle
described in the certificate of title, shall surrender the
certificate of title to a clerk of a court of common pleas
,
and the
.
The
clerk,
with the consent of the holders of any liens noted on the certificate
of title, then shall enter a cancellation upon the clerk's records
and shall notify the registrar of motor vehicles of the cancellation.
Upon
the cancellation of a certificate of title in the manner prescribed
by this section, any clerk and the registrar may cancel and destroy
all certificates and all memorandum certificates in that chain of
title.
(B)
If an Ohio certificate of title or salvage certificate of title to an
off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
is assigned to a salvage dealer, the dealer shall not be required to
obtain an Ohio certificate of title or a salvage certificate of title
to the
off-highway
motorcycle
or
all-purpose
vehicle
in the dealer's own name if the dealer
dismantles
does
all of the following:
(1)
Dismantles
or
destroys the
off-highway
motorcycle
or
all-purpose
vehicle
,
completes
;
(2)
Completes
the
assignment on the certificate of title or salvage certificate of
title
,
indicates
;
(3)
Indicates
the
number of the dealer's motor vehicle salvage dealer's license on it
,
marks
;
(4)
Marks
"FOR
DESTRUCTION" across the face of the certificate of title or
salvage certificate of title
,
and surrenders
;
(5)
Surrenders
the
certificate of title or salvage certificate of title to a clerk of a
court of common pleas as provided in division (A) of this section.
If
If
the
salvage dealer retains the
off-highway
motorcycle
or
all-purpose
vehicle
for resale, the salvage dealer shall make application for a salvage
certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
in the salvage dealer's own name as provided in division (C)(1) of
this section.
(C)(1)
When an insurance company declares it economically impractical to
repair the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck,
and has paid an agreed price for the purchase of the
off-highway
motorcycle
or
all-purpose
vehicle
to any insured or claimant owner, the insurance company shall receive
the certificate of title and
off-highway
motorcycle
or
all-purpose
vehicle
and proceed as follows. Within thirty days, the insurance company
shall deliver the certificate of title to a clerk of a court of
common pleas and shall make application for a salvage certificate of
title. The clerk shall issue the salvage certificate of title on a
form, prescribed by the registrar, that shall be easily
distinguishable from the original certificate of title and shall
bear
display
the
same information as the original certificate of title except that it
may
bear
display
a
different number from that of the original certificate of title.
Except as provided in division (C)(2) of this section, the salvage
certificate of title shall be assigned by the insurance company to a
salvage dealer or any other person for use as evidence of ownership
upon the sale or other disposition of the
off-highway
motorcycle
or
all-purpose
vehicle,
and the salvage certificate of title shall be transferable to any
other person. The clerk of the court of common pleas shall charge a
fee of four dollars for the cost of processing each salvage
certificate of title.
(2)
If an insurance company considers
an
off-highway
the
motorcycle
or
all-purpose
vehicle
as described in division (C)(1) of this section to be impossible to
restore to normal operation, the insurance company may assign the
certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
to a salvage dealer or scrap metal processing facility and send the
assigned certificate of title to the clerk of the court of common
pleas of any county. The insurance company shall mark the face of the
certificate of title "FOR DESTRUCTION" and shall deliver a
photocopy of the certificate of title to the salvage dealer or scrap
metal processing facility for its records.
(3)
If an insurance company declares it economically impractical to
repair
an
off-highway
the
motorcycle
or
all-purpose
vehicle,
agrees to pay to the insured or claimant owner an amount in
settlement of a claim against a policy of motor vehicle insurance
covering the
off-highway
motorcycle
or
all-purpose
vehicle,
and agrees to permit the insured or claimant owner to retain
possession of the
off-highway
motorcycle
or
all-purpose
vehicle,
the insurance company shall not pay the insured or claimant owner any
amount in settlement of the insurance claim until the owner obtains a
salvage certificate of title to the vehicle and furnishes a copy of
the salvage certificate of title to the insurance company.
(D)
When a self-insured organization, rental or leasing company, or
secured creditor becomes the owner of an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
that is burned, damaged, or dismantled and is determined to be
economically impractical to repair, the self-insured organization,
rental or leasing company, or secured creditor shall do one of the
following:
(1)
Mark the face of the certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
"FOR DESTRUCTION" and surrender the certificate of title to
a clerk of a court of common pleas for cancellation as described in
division (A) of this section. The self-insured organization, rental
or leasing company, or secured creditor then shall deliver the
off-highway
motorcycle
or
all-purpose
vehicle,
together with a photocopy of the certificate of title, to a salvage
dealer or scrap metal processing facility and shall cause the
off-highway
motorcycle
or
all-purpose
vehicle
to be dismantled, flattened, crushed, or destroyed.
(2)
Obtain a salvage certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
in the name of the self-insured organization, rental or leasing
company, or secured creditor, as provided in division (C)(1) of this
section, and then sell or otherwise dispose of the
off-highway
motorcycle
or
all-purpose
vehicle.
If the
off-highway
motorcycle
or
all-purpose
vehicle
is sold, the self-insured organization, rental or leasing company, or
secured creditor shall obtain a salvage certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
in the name of the purchaser from a clerk of a court of common pleas.
(E)
If an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
titled with a salvage certificate of title is restored for operation,
application shall be made to a clerk of a court of common pleas for a
certificate of title after inspection by the state highway patrol.
The inspection shall include establishing proof of ownership and an
inspection of the motor number and vehicle identification number of
the
off-highway
motorcycle
or
all-purpose
vehicle
and of documentation or receipts for the materials used in
restoration by the owner of the
off-highway
motorcycle
or
all-purpose
vehicle
being inspected, which documentation or receipts shall be presented
at the time of inspection. Upon successful completion of the
inspection, the state highway patrol shall issue to the owner a
completed inspection form. The clerk, upon submission of the
completed inspection form and surrender of the salvage certificate of
title, shall issue a certificate of title for a fee prescribed by the
registrar. The certificate of title shall be in the same form as the
original certificate of title and shall bear the words "REBUILT
SALVAGE" in black boldface letters on its face. Every subsequent
certificate of title, memorandum certificate of title, or certified
copy of a certificate of title or memorandum certificate of title
issued for the
off-highway
motorcycle
or
all-purpose
vehicle
also shall bear the words "REBUILT SALVAGE" in black
boldface letters on its face. The exact location on the face of the
certificate of title of the words "REBUILT SALVAGE" shall
be determined by the registrar, who shall develop an automated
procedure within the automated title processing system to comply with
this division. The clerk shall use reasonable care in performing the
duties imposed on the clerk by this division in issuing a certificate
of title pursuant to this division, but the clerk is not liable for
errors or omissions of the clerk of courts, the clerk's deputies, or
the automated title processing system in the performance of such
duties. A fee of fifty dollars shall be assessed by the state highway
patrol for each inspection made pursuant to this division.
(F)
No off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
the certificate of title to which has been marked "FOR
DESTRUCTION" and surrendered to a clerk of a court of common
pleas shall be used for anything except parts and scrap metal.
Sec.
4519.62.
In
the event of a lost or destroyed certificate of title, application
shall be made to a clerk of a court of common pleas, by the owner of
the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
,
or the holder of a lien on it, for a certified copy of the
certificate, upon a form prescribed by the registrar of motor
vehicles and accompanied by the fee prescribed by section 4519.59 of
the Revised Code. The application shall be signed and sworn to by the
person making the application, and the clerk shall issue a certified
copy of the certificate of title to the person entitled to receive it
under this chapter. The certified copy shall be plainly marked across
its face with the word "duplicate," and any subsequent
purchaser of the
off-highway
motorcycle
or
all-purpose
vehicle
in the chain of title originating through the certified copy acquires
only such rights in the
off-highway
motorcycle
or
all-purpose
vehicle
as the original holder of the certified copy had. Any purchaser of
the
off-highway
motorcycle
or
all-purpose
vehicle,
at the time of purchase, may require the seller of the same to
indemnify the purchaser and all subsequent purchasers of the
off-highway
motorcycle
or
all-purpose
vehicle
against any loss that the purchaser or subsequent purchasers may
suffer by reason of any claim presented upon the original
certificate. In the event of the recovery of the original certificate
of title by the owner, the owner shall surrender it immediately to
the clerk for cancellation.
The
holder of a certificate of title for an off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
upon which is noted an existing lien, encumbrance, or mortgage, may
make application at any time to a clerk for a memorandum certificate,
which application shall be made in the form prescribed by the
registrar and signed and sworn to by the applicant. Upon receipt of
the application, if it appears to be correct, together with the fee
prescribed by section 4519.59 of the Revised Code, the clerk shall
issue to the applicant a memorandum certificate for the
off-highway
motorcycle
or
all-purpose
vehicle.
If the memorandum certificate is lost or destroyed, the holder of it
may obtain a certified copy of it upon the filing of an application
with the clerk on a form prescribed by the registrar, accompanied by
the fee prescribed in section 4519.59 of the Revised Code. The
memorandum certificate is not assignable and constitutes no evidence
of title or of right to transfer or encumber the
off-highway
motorcycle
or
all-purpose
vehicle
described in it.
Sec.
4519.63.
(A)
The registrar of motor vehicles or the clerk of the court of common
pleas, upon the application of any person and payment of the proper
fee, may prepare and furnish title information regarding off-highway
motorcycles
and all-purpose
,
all-terrain
vehicles
,
snowmobiles, utility vehicles, and mini-trucks
in the form and subject to any territorial division or other
classification as they may direct. The registrar or the clerk may
search the records of the bureau of motor vehicles regarding
off-highway
those
motorcycles
and
all-purpose
vehicles
and furnish reports of those records under the signature of the
registrar or the clerk.
(B)(1)
Fees for lists containing title information shall be charged and
collected as follows:
(a)
For lists containing three thousand titles or more, twenty-five
dollars per thousand or part thereof;
(b)
For each report of a search of the records, the fee is five dollars
per copy. The registrar and clerk may certify copies of records
generated by an automated title processing system.
(2)
A copy of any such report shall be taken as prima-facie evidence of
the facts therein stated in any court of the state. The registrar and
the clerk shall furnish information on any title without charge to
state highway patrol troopers, sheriffs, chiefs of police, or the
attorney general. The clerk also may provide a copy of a certificate
of title to a public agency without charge.
(C)(1)
Those fees collected by the registrar as provided in division
(B)(1)(a) of this section shall be paid to the treasurer of state to
the credit of the public safety - highway purposes fund established
in section 4501.06 of the Revised Code. Those fees collected by the
clerk as provided in division (B)(1)(a) of this section shall be paid
to the certificate of title administration fund created by section
325.33 of the Revised Code.
(2)
The registrar shall pay each five-dollar fee the registrar collects
under division (B)(1)(b) of this section into the state treasury to
the credit of the public safety - highway purposes fund established
in section 4501.06 of the Revised Code.
(3)
The clerk of the court of common pleas shall retain two dollars of
each fee the clerk collects under division (B)(1)(b) of this section
and deposit that two dollars into the certificate of title
administration fund created by section 325.33 of the Revised Code.
The clerk shall forward the remaining three dollars to the registrar
not later than the fifth day of the month next succeeding that in
which the transaction occurred. The registrar shall deposit the
three-dollar portion of each fee into the state treasury to the
credit of the public safety - highway purposes fund established in
section 4501.06 of the Revised Code.
Sec.
4519.631.
The
registrar of motor vehicles shall enable the public to access
off-highway motorcycle
and all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, and mini-truck
title information via electronic means. No fee shall be charged for
this access. The title information that must be so accessible is only
the title information that is in an electronic format at the time a
person requests this access.
The
registrar shall establish procedures governing this access. The
procedures may be established by rule in accordance with Chapter 119.
of the Revised Code. In adopting the rules, the registrar shall
confer with the clerks of the courts of common pleas.
Access
by the public to
off-highway
the
motorcycle
and
all-purpose
vehicle
title information under this section shall comply with all
restrictions contained in the Revised Code and federal law that
govern the disclosure of that information.
Sec.
4519.64.
Manufacturers
and importers of off-highway motorcycles or
all-purpose
all-terrain
vehicles
shall appoint and authorize agents who shall sign manufacturer's or
importer's certificates. The registrar of motor vehicles may require
that a certified copy of a list containing the names and the
facsimile signatures of the authorized agents be furnished to the
registrar and be forwarded to each clerk of the court of common pleas
in the respective counties within the state, and the registrar may
prescribe the form of authorization to be used by the manufacturers
or importers and the method of certification of the names of the
agents.
Sec.
4519.65.
The
clerk of the court of common pleas and the clerk's deputies may
administer oaths on any application or affidavit required
or
authorized
by
this chapter.
Sec.
4519.66.
(A)
No person shall do any of the following:
(1)
Operate in this state an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
without having a certificate of title for the
off-highway
motorcycle
or
all-purpose
vehicle,
if such a certificate is required by this chapter to be issued for
the
off-highway
motorcycle
or
all-purpose
vehicle,
or, if a physical certificate of title has not been issued for it
and a certificate of title is required under this chapter for that
motorcycle or vehicle
,
operate an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
knowing that the ownership information relating to the motorcycle or
vehicle has not been entered into the automated title processing
system by a clerk of a court of common pleas;
(2)
Operate in this state an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
if a certificate of title to the
off-highway
motorcycle
or
all-purpose
vehicle
has been issued and then has been canceled;
(3)
Fail to surrender any certificate of title upon cancellation of it by
the registrar of motor vehicles and notice of the cancellation as
prescribed in this chapter;
(4)
Fail to surrender the certificate of title to a clerk of a court of
common pleas as provided in this chapter, in case of the destruction
or dismantling of, or change in, the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
described in the certificate of title;
(5)
Violate any provision of sections 4519.51 to 4519.70 of the Revised
Code for which no penalty is otherwise provided or any lawful rules
adopted pursuant to those sections;
(6)
Operate in this state an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
knowing that the certificate of title to or ownership of the
motorcycle or vehicle as otherwise reflected in the automated title
processing system has been canceled.
(B)
Whoever violates this section shall be fined not more than two
hundred dollars, imprisoned not more than ninety days, or both.
Sec.
4519.67.
(A)
No person shall do any of the following:
(1)
Procure or attempt to procure a certificate of title to an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle,
a
snowmobile, a utility vehicle, or a mini-truck,
or
pass or attempt to pass a certificate of title or any assignment of a
certificate of title to an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle,
a
snowmobile, a utility vehicle, or a mini-truck,
or
in any other manner gain or attempt to gain ownership to an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle,
a
snowmobile, a utility vehicle, or a mini-truck,
knowing
or having reason to believe that the
off-highway
motorcycle
or
all-purpose
vehicle
has been stolen;
(2)
Sell or offer for sale in this state an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
on which the manufacturer's or assigned vehicle identification number
has been destroyed, removed, covered, altered, or defaced with
knowledge of the destruction, removal, covering, alteration, or
defacement of the manufacturer's or assigned vehicle identification
number;
(3)
Except as otherwise provided in this chapter, sell or transfer
an
a
titled
off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
without delivering to the purchaser or transferee of it a certificate
of title, or a manufacturer's or importer's certificate to it,
assigned to the purchaser as provided for in this chapter.
(B)
Whoever violates this section shall be fined not more than five
thousand dollars, imprisoned in the county jail
or
workhouse
not
less than six months nor more than one year or in
the
penitentiary
a
state correctional institution
not
less than one year nor more than five years, or both.
Sec.
4519.68.
(A)(1)
Chapter 1309. of the Revised Code does not permit or require the
deposit, filing, or other record of a security interest covering an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
,
except as provided in division (A)(2) of this section.
(2)
Chapter 1309. of the Revised Code applies to a security interest in
an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
held as inventory, as defined in section 1309.102 of the Revised
Code, for sale by a dealer. The security interest has priority over
creditors of the dealer as provided in Chapter 1309. of the Revised
Code without notation of the security interest on a certificate of
title, without entry of a notation of the security interest into the
automated title processing system if a physical certificate of title
has not been issued, or without the retention of a manufacturer's or
importer's certificate.
(B)
Subject to division (A) of this section, any security agreement
covering a security interest in an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
,
if a notation of the agreement has been made by a clerk of a court of
common pleas on the face of the certificate of title or if the clerk
has entered a notation of the agreement into the automated title
processing system if a physical certificate of title has not been
issued, is valid as against the creditors of the debtor, whether
armed with process or not, and against subsequent purchasers, secured
parties, and other lienholders or claimants. All security interests,
liens, mortgages, and encumbrances entered into the automated title
processing system in relation to a particular certificate of title,
regardless of whether a physical certificate of title is issued, take
priority according to the order of time in which they are entered
into the automated title processing system by the clerk. Exposure for
sale of any off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
by its owner, with the knowledge or with the knowledge and consent of
the holder of any security interest, lien, mortgage, or encumbrance
on it, does not render the security interest, lien, mortgage, or
encumbrance ineffective as against the creditors of the owner, or
against holders of subsequent security interests, liens, mortgages,
or encumbrances upon the
off-highway
motorcycle
or
all-purpose
vehicle.
The
secured party, upon presentation of evidence of a security interest
to a clerk of a court of common pleas, together with the certificate
of title if a physical certificate of title for the off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
exists, and the fee prescribed by section 4519.59 of the Revised
Code, may have a notation of the security interest made. Unless the
secured party specifically requests the clerk not to issue a physical
certificate of title and instead to issue an electronic certificate
of title, the clerk, over the clerk's signature and seal of office,
shall issue a new original certificate of title from the automated
title processing system that indicates the security interest and the
date of the security interest.
If
a security interest is fully discharged as a result of its holder's
receipt of good funds in the correct amount and if the holder holds a
physical certificate of title, the holder shall note the discharge of
the security interest over the holder's signature on the face of the
certificate of title, or over the holder's signature on a form
prescribed by the registrar of motor vehicles when there is no space
for the discharge on the face of the certificate of title. Except as
otherwise provided in this section, prior to delivering the
certificate of title to the owner, the holder or the holder's agent
shall convey the certificate of title or a separate sworn statement
of the discharge of the security interest to a clerk. The conveyance
shall occur not more than seven business days after the date good
funds in the correct amount to discharge fully the security interest
have been credited to an account of the holder, provided the holder
has been provided accurate information concerning the off-highway
motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
.
Conveyance of the certificate of title or separate sworn statement of
the discharge within the required seven business days may be
indicated by postmark or receipt by a clerk within that period. If
the discharge of the security interest appears to be genuine, the
clerk shall note the cancellation of the security interest on the
face of the certificate of title, if it was so conveyed, and also
shall note it in the automated title processing system.
If
a security interest is fully discharged as a result of its holder's
receipt of good funds in the correct amount and the holder does not
hold a physical certificate of title, when the holder notifies a
clerk of the discharge of its security interest, the holder at that
time also may request the clerk to issue a physical certificate of
title to the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
.
The request shall specify whether the clerk is to send the
certificate of title directly to the owner or to the holder or the
holder's agent for transmission to the owner. If such a request is
made, the clerk shall issue a physical certificate of title and send
it to the specified person.
The
clerk shall not honor such a request for a physical certificate of
title if it is not made by the holder at the same time as the
holder's notification to the clerk of the discharge of its security
interest.
(C)
In all cases, a secured party may choose to present a clerk with
evidence of a security interest via electronic means, and the clerk
shall enter the security interest into the automated title processing
system. A secured party also may choose to notify a clerk of the
discharge of its security interest via electronic means, and the
clerk shall enter the cancellation into the automated title
processing system.
(D)
If a physical certificate of title has not been issued for an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
and all the security interests relating to that motorcycle or vehicle
have been discharged, the owner of the motorcycle or vehicle may
obtain a physical certificate of title from the clerk of any court of
common pleas upon payment of the fee specified in section 4519.59 of
the Revised Code.
(E)
If a clerk of a court of common pleas, other than the clerk of the
court of common pleas of the county in which the owner of an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
resides, enters a notation of the existence of, or the cancellation
of, a security interest relating to the
off-highway
motorcycle
or
all-purpose
vehicle,
the clerk shall transmit the data relating to the notation to the
automated title processing system.
Sec.
4519.69.
(A)
If
the application for a certificate of title refers to an off-highway
motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
last previously registered in another state,
including
when the motorcycle or vehicle was titled as an "off-road
vehicle" in the other state,
the
application shall be accompanied by a physical inspection certificate
issued by the
.
The
department
of public safety
verifying
shall
issue the physical inspection certificate, which shall verify
the
make, year, series or model, if any, body type, and manufacturer's
identification number of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
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
(B)
The
physical
inspection of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
shall be made at a deputy registrar's office, a clerk of the court of
common pleas' office if the clerk offers such physical inspections,
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
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
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 clerk of
the court of common pleas, the motor vehicle dealer, or the salvage
motor vehicle dealer may charge a maximum fee equal to the amount
established under section 4503.038 of the Revised Code for conducting
the physical inspection.
(C)
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 public safety - highway purposes fund established in section
4501.06 of the Revised Code.
Sec.
4519.70.
(A)(1)
No minor under eighteen years of age shall purchase or otherwise
acquire an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
and obtain a certificate of title for the motorcycle or vehicle
unless the application for the certificate of title is accompanied by
a form prescribed by the registrar of motor vehicles that is signed
by a parent of the minor, the minor's guardian, or other person
having custody of the minor authorizing the purchase or acquisition
of the
off-highway
motorcycle
or
all-purpose
vehicle.
(2)
No minor under eighteen years of age shall sell or otherwise dispose
of an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
for which a certificate of title has been issued under this chapter
unless a parent of the minor, the minor's guardian, or other person
having custody of the minor furnishes to the buyer or person
acquiring the motorcycle or vehicle, at the time of the sale or
disposition, a form prescribed by the registrar that is signed by the
parent, guardian, or other person authorizing the sale or disposition
of the
off-highway
motorcycle
or
all-purpose
vehicle.
(B)(1)
At the time an application for a certificate of title for an
off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
described in division (A) of this section is submitted, one of the
following shall occur:
(a)
The adult who signed the form authorizing the sale, disposition,
purchase, or acquisition of the motorcycle or vehicle by the minor
shall be present and shall provide identification establishing that
the adult is the individual whose signature appears on the form.
(b)
A dealer or the dealer's designee, if the transaction involves that
dealer, shall submit a signed statement affirming that the dealer or
the dealer's designee used reasonable diligence in ascertaining the
age of the minor and the identity of the adult who signed the form
and that the adult provided the identification required by division
(B) of this section establishing that the adult is the individual
whose signature appears on the form.
(2)
The registrar shall prescribe, by rule, the types of identification
that are acceptable for the purposes of division (B) of this section.
If the adult who signed the form does not provide identification at
the time of application to the clerk of court or to the dealer at the
time of sale, disposition, purchase, or acquisition as required by
this division, the application shall be refused.
(C)
No right, title, claim to, or interest in an off-highway motorcycle
or all-purpose
,
an all-terrain
vehicle
,
a snowmobile, a utility vehicle, or a mini-truck
shall be acquired by or from a minor unless the application for a
certificate of title for the motorcycle or vehicle is accompanied by
the form required by this section.
(D)
No clerk of a court of common pleas shall be held liable in any civil
action that arises under the law of this state for injury or loss to
persons or property caused when a person has obtained a certificate
of title in violation of this section, unless the clerk failed to use
reasonable diligence in ascertaining the age of the minor or the
identity of the adult who signed the form authorizing the sale,
disposition, purchase, or acquisition of the off-highway motorcycle
or all-purpose
,
all-terrain
vehicle
,
snowmobile, utility vehicle, or mini-truck
by the minor.
Sec.
4519.99.
Unless
otherwise specified, the offenses established under this chapter are
strict liability offenses and section 2901.20 of the Revised Code
does not apply. The designation of these offenses as strict liability
offenses shall not be construed to imply that any other offense, for
which there is no specified degree of culpability, is not a strict
liability offense.
Sec.
5553.044.
In
any proceeding on a petition or resolution to vacate a road which
begins on a public road and ends on a public road, the board of
county commissioners may determine the suitability of the road for
public nonmotorized vehicular recreational use. Such uses include,
but are not limited to, hiking, bicycling, horseback riding, and ski
touring. They do not include use by motorcycles, snowmobiles,
all
purpose
all-terrain
vehicles,
or any other form of motorized vehicle. If the board finds that such
uses will not unreasonably interfere with current land uses along the
road, it may vacate the road subject to the preservation of a public
right of way at least thirty feet wide within such roadway for such
uses.
Sec.
5739.02.
For
the purpose of providing revenue with which to meet the needs of the
state, for the use of the general revenue fund of the state, for the
purpose of securing a thorough and efficient system of common schools
throughout the state, for the purpose of affording revenues, in
addition to those from general property taxes, permitted under
constitutional limitations, and from other sources, for the support
of local governmental functions, and for the purpose of reimbursing
the state for the expense of administering this chapter, an excise
tax is hereby levied on each retail sale made in this state.
(A)(1)
The tax shall be collected as provided in section 5739.025 of the
Revised Code. The rate of the tax shall be five and three-fourths per
cent. The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
(2)
In the case of the lease or rental, with a fixed term of more than
thirty days or an indefinite term with a minimum period of more than
thirty days, of any motor vehicles designed by the manufacturer to
carry a load of not more than one ton, watercraft, outboard motor, or
aircraft, or of any tangible personal property, other than motor
vehicles designed by the manufacturer to carry a load of more than
one ton, to be used by the lessee or renter primarily for business
purposes, the tax shall be collected by the vendor at the time the
lease or rental is consummated and shall be calculated by the vendor
on the basis of the total amount to be paid by the lessee or renter
under the lease agreement. If the total amount of the consideration
for the lease or rental includes amounts that are not calculated at
the time the lease or rental is executed, the tax shall be calculated
and collected by the vendor at the time such amounts are billed to
the lessee or renter. In the case of an open-end lease or rental, the
tax shall be calculated by the vendor on the basis of the total
amount to be paid during the initial fixed term of the lease or
rental, and for each subsequent renewal period as it comes due. As
used in this division, "motor vehicle" has the same meaning
as in section 4501.01 of the Revised Code, and "watercraft"
includes an outdrive unit attached to the watercraft.
A
lease with a renewal clause and a termination penalty or similar
provision that applies if the renewal clause is not exercised is
presumed to be a sham transaction. In such a case, the tax shall be
calculated and paid on the basis of the entire length of the lease
period, including any renewal periods, until the termination penalty
or similar provision no longer applies. The taxpayer shall bear the
burden, by a preponderance of the evidence, that the transaction or
series of transactions is not a sham transaction.
(3)
Except as provided in division (A)(2) of this section, in the case of
a sale, the price of which consists in whole or in part of the lease
or rental of tangible personal property, the tax shall be measured by
the installments of that lease or rental.
(4)
In the case of a sale of a physical fitness facility service or
recreation and sports club service, the price of which consists in
whole or in part of a membership for the receipt of the benefit of
the service, the tax applicable to the sale shall be measured by the
installments thereof.
(B)
The tax does not apply to the following:
(1)
Sales to the state or any of its political subdivisions, or to any
other state or its political subdivisions if the laws of that state
exempt from taxation sales made to this state and its political
subdivisions;
(2)
Sales of food for human consumption off the premises where sold;
(3)
Sales of food sold to students only in a cafeteria, dormitory,
fraternity, or sorority maintained in a private, public, or parochial
school, college, or university;
(4)
Sales of newspapers and sales or transfers of magazines distributed
as controlled circulation publications;
(5)
The furnishing, preparing, or serving of meals without charge by an
employer to an employee provided the employer records the meals as
part compensation for services performed or work done;
(6)(a)
Sales of motor fuel upon receipt, use, distribution, or sale of which
in this state a tax is imposed by the law of this state, but this
exemption shall not apply to the sale of motor fuel on which a refund
of the tax is allowable under division (A) of section 5735.14 of the
Revised Code; and the tax commissioner may deduct the amount of tax
levied by this section applicable to the price of motor fuel when
granting a refund of motor fuel tax pursuant to division (A) of
section 5735.14 of the Revised Code and shall cause the amount
deducted to be paid into the general revenue fund of this state;
(b)
Sales of motor fuel other than that described in division (B)(6)(a)
of this section and used for powering a refrigeration unit on a
vehicle other than one used primarily to provide comfort to the
operator or occupants of the vehicle.
(7)
Sales of natural gas by a natural gas company or municipal gas
utility, of water by a water-works company, or of steam by a heating
company, if in each case the thing sold is delivered to consumers
through pipes or conduits, and all sales of communications services
by a telegraph company, all terms as defined in section 5727.01 of
the Revised Code, and sales of electricity delivered through wires;
(8)
Casual sales by a person, or auctioneer employed directly by the
person to conduct such sales, except as to such sales of motor
vehicles, watercraft or outboard motors required to be titled under
section 1548.06 of the Revised Code, watercraft documented with the
United States coast guard, snowmobiles, and
all-purpose
all-terrain
vehicles
as defined in section 4519.01 of the Revised Code;
(9)(a)
Sales of services or tangible personal property, other than motor
vehicles, mobile homes, and manufactured homes, by churches,
organizations exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, or nonprofit organizations operated
exclusively for charitable purposes as defined in division (B)(12) of
this section, provided that the number of days on which such tangible
personal property or services, other than items never subject to the
tax, are sold does not exceed six in any calendar year, except as
otherwise provided in division (B)(9)(b) of this section. If the
number of days on which such sales are made exceeds six in any
calendar year, the church or organization shall be considered to be
engaged in business and all subsequent sales by it shall be subject
to the tax. In counting the number of days, all sales by groups
within a church or within an organization shall be considered to be
sales of that church or organization.
(b)
The limitation on the number of days on which tax-exempt sales may be
made by a church or organization under division (B)(9)(a) of this
section does not apply to sales made by student clubs and other
groups of students of a primary or secondary school, or a
parent-teacher association, booster group, or similar organization
that raises money to support or fund curricular or extracurricular
activities of a primary or secondary school.
(c)
Divisions (B)(9)(a) and (b) of this section do not apply to sales by
a noncommercial educational radio or television broadcasting station.
(10)
Sales not within the taxing power of this state under the
Constitution or laws of the United States or the Constitution of this
state;
(11)
Except for transactions that are sales under division (B)(3)(p) of
section 5739.01 of the Revised Code, the transportation of persons or
property, unless the transportation is by a private investigation and
security service;
(12)
Sales of tangible personal property or services to churches, to
organizations exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, and to any other nonprofit
organizations operated exclusively for charitable purposes in this
state, no part of the net income of which inures to the benefit of
any private shareholder or individual, and no substantial part of the
activities of which consists of carrying on propaganda or otherwise
attempting to influence legislation; sales to offices administering
one or more homes for the aged or one or more hospital facilities
exempt under section 140.08 of the Revised Code; and sales to
organizations described in division (D) of section 5709.12 of the
Revised Code.
"Charitable
purposes" means the relief of poverty; the improvement of health
through the alleviation of illness, disease, or injury; the operation
of an organization exclusively for the provision of professional,
laundry, printing, and purchasing services to hospitals or charitable
institutions; the operation of a home for the aged, as defined in
section 5701.13 of the Revised Code; the operation of a radio or
television broadcasting station that is licensed by the federal
communications commission as a noncommercial educational radio or
television station; the operation of a nonprofit animal adoption
service or a county humane society; the promotion of education by an
institution of learning that maintains a faculty of qualified
instructors, teaches regular continuous courses of study, and confers
a recognized diploma upon completion of a specific curriculum; the
operation of a parent-teacher association, booster group, or similar
organization primarily engaged in the promotion and support of the
curricular or extracurricular activities of a primary or secondary
school; the operation of a community or area center in which
presentations in music, dramatics, the arts, and related fields are
made in order to foster public interest and education therein; the
production of performances in music, dramatics, and the arts; or the
promotion of education by an organization engaged in carrying on
research in, or the dissemination of, scientific and technological
knowledge and information primarily for the public.
Nothing
in this division shall be deemed to exempt sales to any organization
for use in the operation or carrying on of a trade or business, or
sales to a home for the aged for use in the operation of independent
living facilities as defined in division (A) of section 5709.12 of
the Revised Code.
(13)
Building and construction materials and services sold to construction
contractors for incorporation into a structure or improvement to real
property under a construction contract with this state or a political
subdivision of this state, or with the United States government or
any of its agencies; building and construction materials and services
sold to construction contractors for incorporation into a structure
or improvement to real property that are accepted for ownership by
this state or any of its political subdivisions, or by the United
States government or any of its agencies at the time of completion of
the structures or improvements; building and construction materials
sold to construction contractors for incorporation into a
horticulture structure or livestock structure for a person engaged in
the business of horticulture or producing livestock; building
materials and services sold to a construction contractor for
incorporation into a house of public worship or religious education,
or a building used exclusively for charitable purposes under a
construction contract with an organization whose purpose is as
described in division (B)(12) of this section; building materials and
services sold to a construction contractor for incorporation into a
building under a construction contract with an organization exempt
from taxation under section 501(c)(3) of the Internal Revenue Code of
1986 when the building is to be used exclusively for the
organization's exempt purposes; building and construction materials
sold for incorporation into the original construction of a sports
facility under section 307.696 of the Revised Code; building and
construction materials and services sold to a construction contractor
for incorporation into real property outside this state if such
materials and services, when sold to a construction contractor in the
state in which the real property is located for incorporation into
real property in that state, would be exempt from a tax on sales
levied by that state; building and construction materials for
incorporation into a transportation facility pursuant to a
public-private agreement entered into under sections 5501.70 to
5501.83 of the Revised Code; until one calendar year after the
construction of a convention center that qualifies for property tax
exemption under section 5709.084 of the Revised Code is completed,
building and construction materials and services sold to a
construction contractor for incorporation into the real property
comprising that convention center; and building and construction
materials sold for incorporation into a structure or improvement to
real property that is used primarily as, or primarily in support of,
a manufacturing facility or research and development facility and
that is to be owned by a megaproject operator upon completion and
located at the site of a megaproject that satisfies the criteria
described in division (A)(11)(a)(ii) of section 122.17 of the Revised
Code, provided that the sale occurs during the period that the
megaproject operator has an agreement for such megaproject with the
tax credit authority under division (D) of section 122.17 of the
Revised Code that remains in effect and has not expired or been
terminated.
(14)
Sales of ships or vessels or rail rolling stock used or to be used
principally in interstate or foreign commerce, and repairs,
alterations, fuel, and lubricants for such ships or vessels or rail
rolling stock;
(15)
Sales to persons primarily engaged in any of the activities mentioned
in division (B)(42)(a), (g), or (h) of this section, to persons
engaged in making retail sales, or to persons who purchase for sale
from a manufacturer tangible personal property that was produced by
the manufacturer in accordance with specific designs provided by the
purchaser, of packages, including material, labels, and parts for
packages, and of machinery, equipment, and material for use primarily
in packaging tangible personal property produced for sale, including
any machinery, equipment, and supplies used to make labels or
packages, to prepare packages or products for labeling, or to label
packages or products, by or on the order of the person doing the
packaging, or sold at retail. "Packages" includes bags,
baskets, cartons, crates, boxes, cans, bottles, bindings, wrappings,
and other similar devices and containers, but does not include motor
vehicles or bulk tanks, trailers, or similar devices attached to
motor vehicles. "Packaging" means placing in a package.
Division (B)(15) of this section does not apply to persons engaged in
highway transportation for hire.
(16)
Sales of food to persons using supplemental nutrition assistance
program benefits to purchase the food. As used in this division,
"food" has the same meaning as in 7 U.S.C. 2012 and federal
regulations adopted pursuant to the Food and Nutrition Act of 2008.
(17)
Sales to persons engaged in farming, agriculture, horticulture, or
floriculture, of tangible personal property for use or consumption
primarily in the production by farming, agriculture, horticulture, or
floriculture of other tangible personal property for use or
consumption primarily in the production of tangible personal property
for sale by farming, agriculture, horticulture, or floriculture; or
material and parts for incorporation into any such tangible personal
property for use or consumption in production; and of tangible
personal property for such use or consumption in the conditioning or
holding of products produced by and for such use, consumption, or
sale by persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18)
Sales of drugs for a human being that may be dispensed only pursuant
to a prescription; insulin as recognized in the official United
States pharmacopoeia; urine and blood testing materials when used by
diabetics or persons with hypoglycemia to test for glucose or
acetone; hypodermic syringes and needles when used by diabetics for
insulin injections; epoetin alfa when purchased for use in the
treatment of persons with medical disease; hospital beds when
purchased by hospitals, nursing homes, or other medical facilities;
and medical oxygen and medical oxygen-dispensing equipment when
purchased by hospitals, nursing homes, or other medical facilities;
(19)
Sales of prosthetic devices, durable medical equipment for home use,
or mobility enhancing equipment, when made pursuant to a prescription
and when such devices or equipment are for use by a human being.
(20)
Sales of emergency and fire protection vehicles and equipment to
nonprofit organizations for use solely in providing fire protection
and emergency services, including trauma care and emergency medical
services, for political subdivisions of the state;
(21)
Sales of tangible personal property manufactured in this state, if
sold by the manufacturer in this state to a retailer for use in the
retail business of the retailer outside of this state and if
possession is taken from the manufacturer by the purchaser within
this state for the sole purpose of immediately removing the same from
this state in a vehicle owned by the purchaser;
(22)
Sales of services provided by the state or any of its political
subdivisions, agencies, instrumentalities, institutions, or
authorities, or by governmental entities of the state or any of its
political subdivisions, agencies, instrumentalities, institutions, or
authorities;
(23)
Sales of motor vehicles to nonresidents of this state under the
circumstances described in division (B) of section 5739.029 of the
Revised Code;
(24)
Sales to persons engaged in the preparation of eggs for sale of
tangible personal property used or consumed directly in such
preparation, including such tangible personal property used for
cleaning, sanitizing, preserving, grading, sorting, and classifying
by size; packages, including material and parts for packages, and
machinery, equipment, and material for use in packaging eggs for
sale; and handling and transportation equipment and parts therefor,
except motor vehicles licensed to operate on public highways, used in
intraplant or interplant transfers or shipment of eggs in the process
of preparation for sale, when the plant or plants within or between
which such transfers or shipments occur are operated by the same
person. "Packages" includes containers, cases, baskets,
flats, fillers, filler flats, cartons, closure materials, labels, and
labeling materials, and "packaging" means placing therein.
(25)(a)
Sales of water to a consumer for residential use;
(b)
Sales of water by a nonprofit corporation engaged exclusively in the
treatment, distribution, and sale of water to consumers, if such
water is delivered to consumers through pipes or tubing.
(26)
Fees charged for inspection or reinspection of motor vehicles under
section 3704.14 of the Revised Code;
(27)
Sales to persons licensed to conduct a food service operation
pursuant to section 3717.43 of the Revised Code, of tangible personal
property primarily used directly for the following:
(a)
To prepare food for human consumption for sale;
(b)
To preserve food that has been or will be prepared for human
consumption for sale by the food service operator, not including
tangible personal property used to display food for selection by the
consumer;
(c)
To clean tangible personal property used to prepare or serve food for
human consumption for sale.
(28)
Sales of animals by nonprofit animal adoption services or county
humane societies;
(29)
Sales of services to a corporation described in division (A) of
section 5709.72 of the Revised Code, and sales of tangible personal
property that qualifies for exemption from taxation under section
5709.72 of the Revised Code;
(30)
Sales and installation of agricultural land tile, as defined in
division (B)(5)(a) of section 5739.01 of the Revised Code;
(31)
Sales and erection or installation of portable grain bins, as defined
in division (B)(5)(b) of section 5739.01 of the Revised Code;
(32)
The sale, lease, repair, and maintenance of, parts for, or items
attached to or incorporated in, motor vehicles that are primarily
used for transporting tangible personal property belonging to others
by a person engaged in highway transportation for hire, except for
packages and packaging used for the transportation of tangible
personal property;
(33)
Sales to the state headquarters of any veterans' organization in this
state that is either incorporated and issued a charter by the
congress of the United States or is recognized by the United States
veterans administration, for use by the headquarters;
(34)
Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting service
vendor of tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, one- or two-way electromagnetic communications,
including voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and media,
and component parts for the tangible personal property. The exemption
provided in this division shall be in lieu of all other exemptions
under division (B)(42)(a) or (n) of this section to which the vendor
may otherwise be entitled, based upon the use of the thing purchased
in providing the telecommunications, mobile telecommunications, or
satellite broadcasting service.
(35)(a)
Sales where the purpose of the consumer is to use or consume the
things transferred in making retail sales and consisting of newspaper
inserts, catalogues, coupons, flyers, gift certificates, or other
advertising material that prices and describes tangible personal
property offered for retail sale.
(b)
Sales to direct marketing vendors of preliminary materials such as
photographs, artwork, and typesetting that will be used in printing
advertising material; and of printed matter that offers free
merchandise or chances to win sweepstake prizes and that is mailed to
potential customers with advertising material described in division
(B)(35)(a) of this section;
(c)
Sales of equipment such as telephones, computers, facsimile machines,
and similar tangible personal property primarily used to accept
orders for direct marketing retail sales.
(d)
Sales of automatic food vending machines that preserve food with a
shelf life of forty-five days or less by refrigeration and dispense
it to the consumer.
For
purposes of division (B)(35) of this section, "direct marketing"
means the method of selling where consumers order tangible personal
property by United States mail, delivery service, or
telecommunication and the vendor delivers or ships the tangible
personal property sold to the consumer from a warehouse, catalogue
distribution center, or similar fulfillment facility by means of the
United States mail, delivery service, or common carrier.
(36)
Sales to a person engaged in the business of horticulture or
producing livestock of materials to be incorporated into a
horticulture structure or livestock structure;
(37)
Sales of personal computers, computer monitors, computer keyboards,
modems, and other peripheral computer equipment to an individual who
is licensed or certified to teach in an elementary or a secondary
school in this state for use by that individual in preparation for
teaching elementary or secondary school students;
(38)
Sales of tangible personal property that is not required to be
registered or licensed under the laws of this state to a citizen of a
foreign nation that is not a citizen of the United States, provided
the property is delivered to a person in this state that is not a
related member of the purchaser, is physically present in this state
for the sole purpose of temporary storage and package consolidation,
and is subsequently delivered to the purchaser at a delivery address
in a foreign nation. As used in division (B)(38) of this section,
"related member" has the same meaning as in section
5733.042 of the Revised Code, and "temporary storage" means
the storage of tangible personal property for a period of not more
than sixty days.
(39)
Sales of used manufactured homes and used mobile homes, as defined in
section 5739.0210 of the Revised Code, made on or after January 1,
2000;
(40)
Sales of tangible personal property and services to a provider of
electricity used or consumed directly and primarily in generating,
transmitting, or distributing electricity for use by others,
including property that is or is to be incorporated into and will
become a part of the consumer's production, transmission, or
distribution system and that retains its classification as tangible
personal property after incorporation; fuel or power used in the
production, transmission, or distribution of electricity; energy
conversion equipment as defined in section 5727.01 of the Revised
Code; and tangible personal property and services used in the repair
and maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially designed
and equipped for such use. The exemption provided in this division
shall be in lieu of all other exemptions in division (B)(42)(a) or
(n) of this section to which a provider of electricity may otherwise
be entitled based on the use of the tangible personal property or
service purchased in generating, transmitting, or distributing
electricity.
(41)
Sales to a person providing services under division (B)(3)(p) of
section 5739.01 of the Revised Code of tangible personal property and
services used directly and primarily in providing taxable services
under that section.
(42)
Sales where the purpose of the purchaser is to do any of the
following:
(a)
To incorporate the thing transferred as a material or a part into
tangible personal property to be produced for sale by manufacturing,
assembling, processing, or refining; or to use or consume the thing
transferred directly in producing tangible personal property for sale
by mining, including, without limitation, the extraction from the
earth of all substances that are classed geologically as minerals, or
directly in the rendition of a public utility service, except that
the sales tax levied by this section shall be collected upon all
meals, drinks, and food for human consumption sold when transporting
persons. This paragraph does not exempt from "retail sale"
or "sales at retail" the sale of tangible personal property
that is to be incorporated into a structure or improvement to real
property.
(b)
To hold the thing transferred as security for the performance of an
obligation of the vendor;
(c)
To resell, hold, use, or consume the thing transferred as evidence of
a contract of insurance;
(d)
To use or consume the thing directly in commercial fishing;
(e)
To incorporate the thing transferred as a material or a part into, or
to use or consume the thing transferred directly in the production
of, magazines distributed as controlled circulation publications;
(f)
To use or consume the thing transferred in the production and
preparation in suitable condition for market and sale of printed,
imprinted, overprinted, lithographic, multilithic, blueprinted,
photostatic, or other productions or reproductions of written or
graphic matter;
(g)
To use the thing transferred, as described in section 5739.011 of the
Revised Code, primarily in a manufacturing operation to produce
tangible personal property for sale;
(h)
To use the benefit of a warranty, maintenance or service contract, or
similar agreement, as described in division (B)(7) of section 5739.01
of the Revised Code, to repair or maintain tangible personal
property, if all of the property that is the subject of the warranty,
contract, or agreement would not be subject to the tax imposed by
this section;
(i)
To use the thing transferred as qualified research and development
equipment;
(j)
To use or consume the thing transferred primarily in storing,
transporting, mailing, or otherwise handling purchased sales
inventory in a warehouse, distribution center, or similar facility
when the inventory is primarily distributed outside this state to
retail stores of the person who owns or controls the warehouse,
distribution center, or similar facility, to retail stores of an
affiliated group of which that person is a member, or by means of
direct marketing. This division does not apply to motor vehicles
registered for operation on the public highways. As used in this
division, "affiliated group" has the same meaning as in
division (B)(3)(e) of section 5739.01 of the Revised Code and "direct
marketing" has the same meaning as in division (B)(35) of this
section.
(k)
To use or consume the thing transferred to fulfill a contractual
obligation incurred by a warrantor pursuant to a warranty provided as
a part of the price of the tangible personal property sold or by a
vendor of a warranty, maintenance or service contract, or similar
agreement the provision of which is defined as a sale under division
(B)(7) of section 5739.01 of the Revised Code;
(l)
To use or consume the thing transferred in the production of a
newspaper for distribution to the public;
(m)
To use tangible personal property to perform a service listed in
division (B)(3) of section 5739.01 of the Revised Code, if the
property is or is to be permanently transferred to the consumer of
the service as an integral part of the performance of the service;
(n)
To use or consume the thing transferred primarily in producing
tangible personal property for sale by farming, agriculture,
horticulture, or floriculture. Persons engaged in rendering farming,
agriculture, horticulture, or floriculture services for others are
deemed engaged primarily in farming, agriculture, horticulture, or
floriculture. This paragraph does not exempt from "retail sale"
or "sales at retail" the sale of tangible personal property
that is to be incorporated into a structure or improvement to real
property.
(o)
To use or consume the thing transferred in acquiring, formatting,
editing, storing, and disseminating data or information by electronic
publishing;
(p)
To provide the thing transferred to the owner or lessee of a motor
vehicle that is being repaired or serviced, if the thing transferred
is a rented motor vehicle and the purchaser is reimbursed for the
cost of the rented motor vehicle by a manufacturer, warrantor, or
provider of a maintenance, service, or other similar contract or
agreement, with respect to the motor vehicle that is being repaired
or serviced;
(q)
To use or consume the thing transferred directly in production of
crude oil and natural gas for sale. Persons engaged in rendering
production services for others are deemed engaged in production.
As
used in division (B)(42)(q) of this section, "production"
means operations and tangible personal property directly used to
expose and evaluate an underground reservoir that may contain
hydrocarbon resources, prepare the wellbore for production, and lift
and control all substances yielded by the reservoir to the surface of
the earth.
(i)
For the purposes of division (B)(42)(q) of this section, the "thing
transferred" includes, but is not limited to, any of the
following:
(I)
Services provided in the construction of permanent access roads,
services provided in the construction of the well site, and services
provided in the construction of temporary impoundments;
(II)
Equipment and rigging used for the specific purpose of creating with
integrity a wellbore pathway to underground reservoirs;
(III)
Drilling and workover services used to work within a subsurface
wellbore, and tangible personal property directly used in providing
such services;
(IV)
Casing, tubulars, and float and centralizing equipment;
(V)
Trailers to which production equipment is attached;
(VI)
Well completion services, including cementing of casing, and tangible
personal property directly used in providing such services;
(VII)
Wireline evaluation, mud logging, and perforation services, and
tangible personal property directly used in providing such services;
(VIII)
Reservoir stimulation, hydraulic fracturing, and acidizing services,
and tangible personal property directly used in providing such
services, including all material pumped downhole;
(IX)
Pressure pumping equipment;
(X)
Artificial lift systems equipment;
(XI)
Wellhead equipment and well site equipment used to separate,
stabilize, and control hydrocarbon phases and produced water;
(XII)
Tangible personal property directly used to control production
equipment.
(ii)
For the purposes of division (B)(42)(q) of this section, the "thing
transferred" does not include any of the following:
(I)
Tangible personal property used primarily in the exploration and
production of any mineral resource regulated under Chapter 1509. of
the Revised Code other than oil or gas;
(II)
Tangible personal property used primarily in storing, holding, or
delivering solutions or chemicals used in well stimulation as defined
in section 1509.01 of the Revised Code;
(III)
Tangible personal property used primarily in preparing, installing,
or reclaiming foundations for drilling or pumping equipment or well
stimulation material tanks;
(IV)
Tangible personal property used primarily in transporting,
delivering, or removing equipment to or from the well site or storing
such equipment before its use at the well site;
(V)
Tangible personal property used primarily in gathering operations
occurring off the well site, including gathering pipelines
transporting hydrocarbon gas or liquids away from a crude oil or
natural gas production facility;
(VI)
Tangible personal property that is to be incorporated into a
structure or improvement to real property;
(VII)
Well site fencing, lighting, or security systems;
(VIII)
Communication devices or services;
(IX)
Office supplies;
(X)
Trailers used as offices or lodging;
(XI)
Motor vehicles of any kind;
(XII)
Tangible personal property used primarily for the storage of drilling
byproducts and fuel not used for production;
(XIII)
Tangible personal property used primarily as a safety device;
(XIV)
Data collection or monitoring devices;
(XV)
Access ladders, stairs, or platforms attached to storage tanks.
The
enumeration of tangible personal property in division (B)(42)(q)(ii)
of this section is not intended to be exhaustive, and any tangible
personal property not so enumerated shall not necessarily be
construed to be a "thing transferred" for the purposes of
division (B)(42)(q) of this section.
The
commissioner shall adopt and promulgate rules under sections 119.01
to 119.13 of the Revised Code that the commissioner deems necessary
to administer division (B)(42)(q) of this section.
As
used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.
(43)
Sales conducted through a coin operated device that activates vacuum
equipment or equipment that dispenses water, whether or not in
combination with soap or other cleaning agents or wax, to the
consumer for the consumer's use on the premises in washing, cleaning,
or waxing a motor vehicle, provided no other personal property or
personal service is provided as part of the transaction.
(44)
Sales of replacement and modification parts for engines, airframes,
instruments, and interiors in, and paint for, aircraft used primarily
in a fractional aircraft ownership program, and sales of services for
the repair, modification, and maintenance of such aircraft, and
machinery, equipment, and supplies primarily used to provide those
services.
(45)
Sales of telecommunications service that is used directly and
primarily to perform the functions of a call center. As used in this
division, "call center" means any physical location where
telephone calls are placed or received in high volume for the purpose
of making sales, marketing, customer service, technical support, or
other specialized business activity, and that employs at least fifty
individuals that engage in call center activities on a full-time
basis, or sufficient individuals to fill fifty full-time equivalent
positions.
(46)
Sales by a telecommunications service vendor of 900 service to a
subscriber. This division does not apply to information services.
(47)
Sales of value-added non-voice data service. This division does not
apply to any similar service that is not otherwise a
telecommunications service.
(48)
Sales of feminine hygiene products.
(49)
Sales of materials, parts, equipment, or engines used in the repair
or maintenance of aircraft or avionics systems of such aircraft, and
sales of repair, remodeling, replacement, or maintenance services in
this state performed on aircraft or on an aircraft's avionics,
engine, or component materials or parts. As used in division (B)(49)
of this section, "aircraft" means aircraft of more than six
thousand pounds maximum certified takeoff weight or used exclusively
in general aviation.
(50)
Sales of full flight simulators that are used for pilot or
flight-crew training, sales of repair or replacement parts or
components, and sales of repair or maintenance services for such full
flight simulators. "Full flight simulator" means a replica
of a specific type, or make, model, and series of aircraft cockpit.
It includes the assemblage of equipment and computer programs
necessary to represent aircraft operations in ground and flight
conditions, a visual system providing an out-of-the-cockpit view, and
a system that provides cues at least equivalent to those of a
three-degree-of-freedom motion system, and has the full range of
capabilities of the systems installed in the device as described in
appendices A and B of part 60 of chapter 1 of title 14 of the Code of
Federal Regulations.
(51)
Any transfer or lease of tangible personal property between the state
and JobsOhio in accordance with section 4313.02 of the Revised Code.
(52)(a)
Sales to a qualifying corporation.
(b)
As used in division (B)(52) of this section:
(i)
"Qualifying corporation" means a nonprofit corporation
organized in this state that leases from an eligible county land,
buildings, structures, fixtures, and improvements to the land that
are part of or used in a public recreational facility used by a major
league professional athletic team or a class A to class AAA minor
league affiliate of a major league professional athletic team for a
significant portion of the team's home schedule, provided the
following apply:
(I)
The facility is leased from the eligible county pursuant to a lease
that requires substantially all of the revenue from the operation of
the business or activity conducted by the nonprofit corporation at
the facility in excess of operating costs, capital expenditures, and
reserves to be paid to the eligible county at least once per calendar
year.
(II)
Upon dissolution and liquidation of the nonprofit corporation, all of
its net assets are distributable to the board of commissioners of the
eligible county from which the corporation leases the facility.
(ii)
"Eligible county" has the same meaning as in section
307.695 of the Revised Code.
(53)
Sales to or by a cable service provider, video service provider, or
radio or television broadcast station regulated by the federal
government of cable service or programming, video service or
programming, audio service or programming, or electronically
transferred digital audiovisual or audio work. As used in division
(B)(53) of this section, "cable service" and "cable
service provider" have the same meanings as in section 1332.01
of the Revised Code, and "video service," "video
service provider," and "video programming" have the
same meanings as in section 1332.21 of the Revised Code.
(54)
Sales of a digital audio work electronically transferred for delivery
through use of a machine, such as a juke box, that does all of the
following:
(a)
Accepts direct payments to operate;
(b)
Automatically plays a selected digital audio work for a single play
upon receipt of a payment described in division (B)(54)(a) of this
section;
(c)
Operates exclusively for the purpose of playing digital audio works
in a commercial establishment.
(55)(a)
Sales of the following occurring on the first Friday of August and
the following Saturday and Sunday of each year, beginning in 2018:
(i)
An item of clothing, the price of which is seventy-five dollars or
less;
(ii)
An item of school supplies, the price of which is twenty dollars or
less;
(iii)
An item of school instructional material, the price of which is
twenty dollars or less.
(b)
As used in division (B)(55) of this section:
(i)
"Clothing" means all human wearing apparel suitable for
general use. "Clothing" includes, but is not limited to,
aprons, household and shop; athletic supporters; baby receiving
blankets; bathing suits and caps; beach capes and coats; belts and
suspenders; boots; coats and jackets; costumes; diapers, children and
adult, including disposable diapers; earmuffs; footlets; formal wear;
garters and garter belts; girdles; gloves and mittens for general
use; hats and caps; hosiery; insoles for shoes; lab coats; neckties;
overshoes; pantyhose; rainwear; rubber pants; sandals; scarves; shoes
and shoe laces; slippers; sneakers; socks and stockings; steel-toed
shoes; underwear; uniforms, athletic and nonathletic; and wedding
apparel. "Clothing" does not include items purchased for
use in a trade or business; clothing accessories or equipment;
protective equipment; sports or recreational equipment; belt buckles
sold separately; costume masks sold separately; patches and emblems
sold separately; sewing equipment and supplies including, but not
limited to, knitting needles, patterns, pins, scissors, sewing
machines, sewing needles, tape measures, and thimbles; and sewing
materials that become part of "clothing" including, but not
limited to, buttons, fabric, lace, thread, yarn, and zippers.
(ii)
"School supplies" means items commonly used by a student in
a course of study. "School supplies" includes only the
following items: binders; book bags; calculators; cellophane tape;
blackboard chalk; compasses; composition books; crayons; erasers;
folders, expandable, pocket, plastic, and manila; glue, paste, and
paste sticks; highlighters; index cards; index card boxes; legal
pads; lunch boxes; markers; notebooks; paper, loose-leaf ruled
notebook paper, copy paper, graph paper, tracing paper, manila paper,
colored paper, poster board, and construction paper; pencil boxes and
other school supply boxes; pencil sharpeners; pencils; pens;
protractors; rulers; scissors; and writing tablets. "School
supplies" does not include any item purchased for use in a trade
or business.
(iii)
"School instructional material" means written material
commonly used by a student in a course of study as a reference and to
learn the subject being taught. "School instructional material"
includes only the following items: reference books, reference maps
and globes, textbooks, and workbooks. "School instructional
material" does not include any material purchased for use in a
trade or business.
(56)(a)
Sales of diapers or incontinence underpads sold pursuant to a
prescription, for the benefit of a medicaid recipient with a
diagnosis of incontinence, and by a medicaid provider that maintains
a valid provider agreement under section 5164.30 of the Revised Code
with the department of medicaid, provided that the medicaid program
covers diapers or incontinence underpads as an incontinence garment.
(b)
As used in division (B)(56)(a) of this section:
(i)
"Diaper" means an absorbent garment worn by humans who are
incapable of, or have difficulty, controlling their bladder or bowel
movements.
(ii)
"Incontinence underpad" means an absorbent product, not
worn on the body, designed to protect furniture or other tangible
personal property from soiling or damage due to human incontinence.
(57)
Sales of investment metal bullion and investment coins. "Investment
metal bullion" means any bullion described in section
408(m)(3)(B) of the Internal Revenue Code, regardless of whether that
bullion is in the physical possession of a trustee. "Investment
coin" means any coin composed primarily of gold, silver,
platinum, or palladium.
(58)
Sales of tangible personal property used primarily for any of the
following purposes by a megaproject operator at the site of a
megaproject that satisfies the criteria described in division
(A)(11)(a)(ii) of section 122.17 of the Revised Code, provided that
the sale occurs during the period that the megaproject operator has
an agreement for such megaproject with the tax credit authority under
division (D) of section 122.17 of the Revised Code that remains in
effect and has not expired or been terminated:
(a)
To store, transmit, convey, distribute, recycle, circulate, or clean
water, steam, or other gases used in or produced as a result of
manufacturing activity, including items that support or aid in the
operation of such property;
(b)
To clean or prepare inventory, at any stage of storage or production,
or equipment used in a manufacturing activity, including chemicals,
solvents, catalysts, soaps, and other items that support or aid in
the operation of property;
(c)
To regulate, treat, filter, condition, improve, clean, maintain, or
monitor environmental conditions within areas where manufacturing
activities take place;
(d)
To handle, transport, or convey inventory during production or
manufacturing.
(59)
Documentary services charges imposed pursuant to section 4517.261 or
4781.24 of the Revised Code.
(C)
For the purpose of the proper administration of this chapter, and to
prevent the evasion of the tax, it is presumed that all sales made in
this state are subject to the tax until the contrary is established.
(D)
The tax collected by the vendor from the consumer under this chapter
is not part of the price, but is a tax collection for the benefit of
the state, and of counties levying an additional sales tax pursuant
to section 5739.021 or 5739.026 of the Revised Code and of transit
authorities levying an additional sales tax pursuant to section
5739.023 of the Revised Code. Except for the discount authorized
under section 5739.12 of the Revised Code and the effects of any
rounding pursuant to section 5703.055 of the Revised Code, no person
other than the state or such a county or transit authority shall
derive any benefit from the collection or payment of the tax levied
by this section or section 5739.021, 5739.023, or 5739.026 of the
Revised Code.
Sec.
5815.36.
(A)
As used in this section:
(1)
"Disclaimant" means any person, any guardian or personal
representative of a person or estate of a person, or any
attorney-in-fact or agent of a person having a general or specific
authority to act granted in a written instrument, who is any of the
following:
(a)
With respect to testamentary instruments and intestate succession, an
heir, next of kin, devisee, legatee, donee, person succeeding to a
disclaimed interest, surviving joint tenant, surviving tenant by the
entireties, surviving tenant of a tenancy with a right of
survivorship, beneficiary under a testamentary instrument, or person
designated to take pursuant to a power of appointment exercised by a
testamentary instrument;
(b)
With respect to nontestamentary instruments, a grantee, donee, person
succeeding to a disclaimed interest, surviving joint tenant,
surviving tenant by the entireties, surviving tenant of a tenancy
with a right of survivorship, beneficiary under a nontestamentary
instrument, or person designated to take pursuant to a power of
appointment exercised by a nontestamentary instrument;
(c)
With respect to fiduciary rights, privileges, powers, and immunities,
a fiduciary under a testamentary or nontestamentary instrument.
Division (A)(1)(c) of this section does not authorize a fiduciary who
disclaims fiduciary rights, privileges, powers, and immunities to
cause the rights of any beneficiary to be disclaimed unless the
instrument creating the fiduciary relationship authorizes the
fiduciary to make such a disclaimer.
(d)
Any person entitled to take an interest in property upon the death of
a person or upon the occurrence of any other event.
(2)
"Personal representative" includes any fiduciary as defined
in section 2109.01 of the Revised Code and any executor, trustee,
guardian, or other person or entity having a fiduciary relationship
with regard to any interest in property passing to the fiduciary,
executor, trustee, guardian, or other person or entity by reason of a
disclaimant's death.
(3)
"Property" means all forms of property, real and personal,
tangible and intangible.
(B)(1)
A disclaimant, other than a fiduciary under an instrument who is not
authorized by the instrument to disclaim the interest of a
beneficiary, may disclaim, in whole or in part, the succession to any
property by executing and by delivering, filing, or recording a
written disclaimer instrument in the manner provided in this section.
(2)
A disclaimant who is a fiduciary under an instrument may disclaim, in
whole or in part, any right, power, privilege, or immunity, by
executing and by delivering, filing, or recording a written
disclaimer instrument in the manner provided in this section.
(3)
The written instrument of disclaimer shall be signed and acknowledged
by the disclaimant and shall contain all of the following:
(a)
A reference to the donative instrument;
(b)
A description of the property, part of property, or interest
disclaimed, and of any fiduciary right, power, privilege, or immunity
disclaimed;
(c)
A declaration of the disclaimer and its extent.
(4)
The guardian of the estate of a minor or an incompetent, or the
personal representative of a deceased person, whether or not
authorized by the instrument to disclaim, with the consent of the
probate division of the court of common pleas may disclaim, in whole
or in part, the succession to any property, or interest in property,
that the ward, if an adult and competent, or the deceased, if living,
might have disclaimed. The guardian or personal representative, or
any interested person may file an application with the probate
division of the court of common pleas that has jurisdiction of the
estate, asking that the court order the guardian or personal
representative to execute and deliver, file, or record the disclaimer
on behalf of the ward, estate, or deceased person. The court shall
order the guardian or personal representative to execute and deliver,
file, or record the disclaimer if the court finds, upon hearing after
notice to interested parties and such other persons as the court
shall direct, that:
(a)
It is in the best interests of those interested in the estate of the
person and of those who will take the disclaimed interest;
(b)
It would not materially, adversely affect the minor or incompetent,
or the beneficiaries of the estate of the decedent, taking into
consideration other available resources and the age, probable life
expectancy, physical and mental condition, and present and reasonably
anticipated future needs of the minor or incompetent or the
beneficiaries of the estate of the decedent.
A
written instrument of disclaimer ordered by the court under this
division shall be executed and be delivered, filed, or recorded
within the time and in the manner in which the person could have
disclaimed if the person were living, an adult, and competent.
(C)
A partial disclaimer of property that is subject to a burdensome
interest created by the donative instrument is not effective unless
the disclaimed property constitutes a gift that is separate and
distinct from undisclaimed gifts.
(D)
The disclaimant shall deliver, file, or record the disclaimer, or
cause the same to be done, prior to accepting any benefits of the
disclaimed interest and at any time after the latest of the following
dates:
(1)
The effective date of the donative instrument if both the taker and
the taker's interest in the property are finally ascertained on that
date;
(2)
The date of the occurrence of the event upon which both the taker and
the taker's interest in the property become finally ascertainable;
(3)
The date on which the disclaimant attains eighteen years of age or is
no longer an incompetent, without tendering or repaying any benefit
received while the disclaimant was under eighteen years of age or an
incompetent, and even if a guardian of a minor or incompetent had
filed an application pursuant to division (B)(4) of this section and
the probate division of the court of common pleas involved did not
consent to the guardian executing a disclaimer.
(E)
No disclaimer instrument is effective under this section if either of
the following applies under the terms of the disclaimer instrument:
(1)
The disclaimant has power to revoke the disclaimer.
(2)
The disclaimant may transfer, or direct to be transferred, to self
the entire legal and equitable ownership of the property subject to
the disclaimer instrument.
(F)(1)
Subject to division (F)(2) of this section, if the interest
disclaimed is created by a nontestamentary instrument, including, but
not limited to, a transfer on death designation affidavit pursuant to
section 5302.22 of the Revised Code, the disclaimer instrument shall
be delivered personally or by certified mail to the trustee or other
person who has legal title to, or possession of, the property
disclaimed. If the interest disclaimed is created by a transfer on
death designation affidavit pursuant to section 5302.22 of the
Revised Code, the disclaimer instrument shall be filed with the
county recorder of the county in which the real property that is the
subject of that affidavit is located.
(2)
If the interest disclaimed is created by a testamentary instrument,
by intestate succession, or by a certificate of title to a
motor
vehicle, watercraft, or outboard motor
titled
mode of transportation, as defined in section 2131.12 of the Revised
Code,
that
evidences ownership of the
motor
vehicle, watercraft, or outboard motor
titled
mode of transportation
that
is transferable on death pursuant to section 2131.13 of the Revised
Code, the disclaimer instrument shall be filed in the probate
division of the court of common pleas in the county in which
proceedings for the administration of the decedent's estate have been
commenced, and an executed copy of the disclaimer instrument shall be
delivered personally or by certified mail to the personal
representative of the decedent's estate.
(3)
If no proceedings for the administration of the decedent's estate
have been commenced, the disclaimer instrument shall be filed in the
probate division of the court of common pleas in the county in which
proceedings for the administration of the decedent's estate might be
commenced according to law. The disclaimer instrument shall be filed
and indexed, and fees charged, in the same manner as provided by law
for an application to be appointed as personal representative to
administer the decedent's estate. The disclaimer is effective whether
or not proceedings thereafter are commenced to administer the
decedent's estate. If proceedings thereafter are commenced for the
administration of the decedent's estate, they shall be filed under,
or consolidated with, the case number assigned to the disclaimer
instrument.
(4)
If an interest in real estate is disclaimed, an executed copy of the
disclaimer instrument also shall be recorded in the office of the
recorder of the county in which the real estate is located. The
disclaimer instrument shall include a description of the real estate
with sufficient certainty to identify it, and shall contain a
reference to the record of the instrument that created the interest
disclaimed. If title to the real estate is registered under Chapters
5309. and 5310. of the Revised Code, the disclaimer interest shall be
entered as a memorial on the last certificate of title. A spouse of a
disclaimant has no dower or other interest in the real estate
disclaimed.
(G)
If a donative instrument expressly provides for the distribution of
property, part of property, or interest in property if there is a
disclaimer, the property, part of property, or interest disclaimed
shall be distributed or disposed of, and accelerated or not
accelerated, in accordance with the donative instrument. In the
absence of express provisions to the contrary in the donative
instrument, the property, part of property, or interest in property
disclaimed, and any future interest that is to take effect in
possession or enjoyment at or after the termination of the interest
disclaimed, shall descend, be distributed, or otherwise be disposed
of, and shall be accelerated, in the following manner:
(1)
If intestate or testate succession is disclaimed, as if the
disclaimant had predeceased the decedent;
(2)
If the disclaimant is one designated to take pursuant to a power of
appointment exercised by a testamentary instrument, as if the
disclaimant had predeceased the donee of the power;
(3)
If the donative instrument is a nontestamentary instrument, as if the
disclaimant had died before the effective date of the nontestamentary
instrument;
(4)
If the disclaimer is of a fiduciary right, power, privilege, or
immunity, as if the right, power, privilege, or immunity was never in
the donative instrument.
(H)
A disclaimer pursuant to this section is effective as of, and relates
back for all purposes to, the date upon which the taker and the
taker's interest have been finally ascertained.
(I)
A disclaimant who has a present and future interest in property, and
disclaims the disclaimant's present interest in whole or in part, is
considered to have disclaimed the disclaimant's future interest to
the same extent, unless a contrary intention appears in the
disclaimer instrument or the donative instrument. A disclaimant is
not precluded from receiving, as an alternative taker, a beneficial
interest in the property disclaimed, unless a contrary intention
appears in the disclaimer instrument or in the donative instrument.
(J)
The disclaimant's right to disclaim under this section is barred if
the disclaimant does any of the following:
(1)
Assigns, conveys, encumbers, pledges, or transfers, or contracts to
assign, convey, encumber, pledge, or transfer, the property or any
interest in it;
(2)
Waives in writing the disclaimant's right to disclaim and executes
and delivers, files, or records the waiver in the manner provided in
this section for a disclaimer instrument;
(3)
Accepts the property or an interest in it;
(4)
Permits or suffers a sale or other disposition of the property
pursuant to judicial action against the disclaimant.
(K)
Neither a fiduciary's application for appointment or assumption of
duties as a fiduciary nor a beneficiary's application for appointment
as a personal representative or fiduciary waives or bars the
disclaimant's right to disclaim a right, power, privilege, or
immunity as a personal representative or fiduciary or the
beneficiary's right to disclaim property.
(L)
The right to disclaim under this section exists irrespective of any
limitation on the interest of the disclaimant in the nature of a
spendthrift provision or similar restriction.
(M)
A disclaimer instrument or written waiver of the right to disclaim
that has been executed and delivered, filed, or recorded as required
by this section is final and binding upon all persons.
(N)(1)
The right to disclaim and the procedures for disclaimer established
by this section are in addition to, and do not exclude or abridge,
any other rights or procedures that exist or formerly existed under
any other section of the Revised Code or at common law to assign,
convey, release, refuse to accept, renounce, waive, or disclaim
property.
(2)
A disclaimer is not considered a transfer or conveyance by the
disclaimant, and no creditor of a disclaimant may avoid a disclaimer.
(3)
This section shall take precedence over any other section of the
Revised Code that conflicts with this section.
(O)(1)
No person is liable for distributing or disposing of property in a
manner inconsistent with the terms of a valid disclaimer if the
distribution or disposition is otherwise proper and the person has no
actual knowledge of the disclaimer.
(2)
No person is liable for distributing or disposing of property in
reliance upon the terms of a disclaimer that is invalid because the
right of disclaimer has been waived or barred if the distribution or
disposition is otherwise proper and the person has no actual
knowledge of the facts that constitute a waiver or bar to the right
to disclaim.
(P)(1)
A disclaimant may disclaim pursuant to this section any interest in
property that is in existence on September 27, 1976, if either the
interest in the property or the taker of the interest in the property
is not finally ascertained on that date.
(2)
No disclaimer executed pursuant to this section destroys or
diminishes an interest in property that exists on September 27, 1976,
in any person other than the disclaimant.
(Q)
This section may be applied separately to different interests or
powers created in the disclaimant by the same testamentary or
nontestamentary instrument.
Section
2.
That
existing sections 1531.01, 1533.01, 1533.103, 1533.18, 2131.12,
2131.13, 2744.01, 2911.21, 2921.331, 2923.16, 4501.01, 4501.13,
4503.01, 4503.038, 4503.04, 4503.10, 4503.191, 4503.312, 4504.01,
4505.01, 4505.06, 4505.09, 4505.11, 4510.036, 4511.01, 4511.214,
4511.713, 4513.02, 4513.221, 4513.263, 4517.01, 4519.01, 4519.02,
4519.03, 4519.031, 4519.04, 4519.05, 4519.08, 4519.09, 4519.10,
4519.11, 4519.20, 4519.21, 4519.22, 4519.401, 4519.41, 4519.42,
4519.43, 4519.44, 4519.45, 4519.46, 4519.47, 4519.48, 4519.511,
4519.512, 4519.52, 4519.521, 4519.53, 4519.54, 4519.55, 4519.551,
4519.56, 4519.57, 4519.58, 4519.59, 4519.60, 4519.61, 4519.62,
4519.63, 4519.631, 4519.64, 4519.65, 4519.66, 4519.67, 4519.68,
4519.69, 4519.70, 5553.044, 5739.02, and 5815.36 of the Revised Code
are hereby repealed.
Section
3.
That
sections
4511.215,
4511.216
,
and 4519.40 of the Revised Code are hereby repealed.
Section
4.
(A)
Notwithstanding the change from "all-purpose vehicle" to
"all-terrain vehicle" enacted by this act, the Registrar of
Motor Vehicles may continue to issue license plates that display
"all-purpose vehicle" or "APV" printed on them
until the supply of license plates printed before the effective date
of this section is depleted.
(B)
Any person that is newly issued or that currently operates a vehicle
with a license plate printed with "all-purpose vehicle" or
"APV" may continue to use that license plate until both of
the following apply:
(1)
The Registrar's supply of the "all-purpose vehicle" and
"APV" license plates is depleted in accordance with
division (A) of this section;
(2)
The person's current license plate is lost, stolen, mutilated, or
destroyed or the person otherwise is required or desires to replace
the person's license plate.
Section
5.
Sections
1, 2, 3, and 4 of this act take effect six months after the effective
date of this section.
Section
6.
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
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
4503.04 of the Revised Code as amended by both H.B. 74 and H.B. 281
of the 134th General Assembly.
Section
4517.01 of the Revised Code as amended by both H.B. 33 and H.B. 195
of the 135th General Assembly.