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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 678
2025-2026
Representatives Abrams, Daniels
Cosponsors: Representatives Lorenz,
Willis, John, Miller, K., Ghanbari, Plummer, White, A., Hall, T.,
Kishman, Bird, Ray, Johnson, Robb Blasdel, Schmidt, Moore, LaRe
To
amend
sections
4503.10, 4503.102, 4503.20, 4507.212,
4509.101
,
4509.66, 4509.67, 4509.69, and 4509.77
and to enact sections 4503.48, 4509.43, 4509.431, 4509.432, 4509.433,
and 4509.434 of the Revised Code to
implement
an online financial responsibility verification system and to modify
the financial responsibility laws.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
4503.10, 4503.102, 4503.20, 4507.212,
4509.101
,
4509.66, 4509.67, 4509.69, and 4509.77
be amended and sections 4503.48, 4509.43, 4509.431, 4509.432,
4509.433, and 4509.434 of the Revised Code be enacted to read as
follows:
Sec.
4503.10.
(A)
The owner of every snowmobile, off-highway motorcycle, and
all-purpose vehicle required to be registered under section 4519.02
of the Revised Code shall file an application for registration under
section 4519.03 of the Revised Code. The owner of a motor vehicle,
other than a snowmobile, off-highway motorcycle, or all-purpose
vehicle, that is not designed and constructed by the manufacturer for
operation on a street or highway may not register it under this
chapter except upon certification of inspection pursuant to section
4513.02 of the Revised Code by the sheriff, or the chief of police of
the municipal corporation or township, with jurisdiction over the
political subdivision in which the owner of the motor vehicle
resides. Except as provided in sections 4503.103 and 4503.107 of the
Revised Code, every owner of every other motor vehicle not previously
described in this section and every person mentioned as owner in the
last certificate of title of a motor vehicle that is operated or
driven upon the public roads or highways shall cause to be filed each
year, by mail or otherwise, in the office of the registrar of motor
vehicles or a deputy registrar, a written or electronic application
or a preprinted registration renewal notice issued under section
4503.102 of the Revised Code, the form of which shall be prescribed
by the registrar, for registration for the following registration
year, which shall begin on the first day of January of every calendar
year and end on the thirty-first day of December in the same year.
Applications for registration and registration renewal notices shall
be filed at the times established by the registrar pursuant to
section 4503.101 of the Revised Code. A motor vehicle owner also may
elect to apply for or renew a motor vehicle registration by
electronic means using electronic signature in accordance with rules
adopted by the registrar. Except as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the following
information:
(1)
A brief description of the motor vehicle to be registered, including
the year, make, model, and vehicle identification number, and, in the
case of commercial cars, the gross weight of the vehicle fully
equipped computed in the manner prescribed in section 4503.08 of the
Revised Code;
(2)
The name and residence address of the owner, and the township and
municipal corporation in which the owner resides;
(3)
The district of registration, which shall be determined as follows:
(a)
In case the motor vehicle to be registered is used for hire or
principally in connection with any established business or branch
business, conducted at a particular place, the district of
registration is the municipal corporation in which that place is
located or, if not located in any municipal corporation, the county
and township in which that place is located.
(b)
In case the vehicle is not so used, the district of registration is
the municipal corporation or county in which the owner resides at the
time of making the application.
(4)
Whether the motor vehicle is a new or used motor vehicle;
(5)
The date of purchase of the motor vehicle;
(6)
Whether the fees required to be paid for the registration or transfer
of the motor vehicle, during the preceding registration year and
during the preceding period of the current registration year, have
been paid. Each application for registration shall be signed by the
owner, either manually or by electronic signature, or pursuant to
obtaining a limited power of attorney authorized by the registrar for
registration, or other document authorizing such signature. If the
owner elects to apply for or renew the motor vehicle registration
with the registrar by electronic means, the owner's manual signature
is not required.
(7)
The owner's social security number, driver's license number, or state
identification number, or, where a motor vehicle to be registered is
used for hire or principally in connection with any established
business, the owner's federal taxpayer identification number. The
bureau of motor vehicles shall retain in its records all social
security numbers provided under this section, but the bureau shall
not place social security numbers on motor vehicle certificates of
registration.
(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 or alternative emissions 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 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, 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 or
alternative emissions certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code, and rules adopted under it,
if that section is applicable.
(f)
The owner or lessee does not have proof of financial responsibility
with respect to the motor vehicle being registered.
(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 or the alternative emissions certificate number from the
alternative emissions certificate that is presented at the time of
registration of the vehicle as required under this division.
(8)
When an applicant submits an application for registration or
registration renewal to the registrar or a deputy registrar, the
registrar or deputy registrar shall inquire via the online financial
responsibility verification system established under sections 4509.43
to 4509.434 of the Revised Code whether the applicant is maintaining
proof of financial responsibility.
If
the results of the inquiry indicate no proof of the maintenance of
financial responsibility, are inconclusive, or the applicant is
submitting the application by mail or electronic means in accordance
with section 4503.102 of the Revised Code, the registrar or deputy
registrar shall request the owner of the motor vehicle to demonstrate
proof of financial responsibility in the manner described in division
(G) of section 4509.101 of the Revised Code.
(C)(1)
The registrar and each deputy registrar shall collect the following
additional fees for each application for registration and
registration renewal received:
(a)
Except as provided in division (C)(1)(b) of this section, a fee of
eleven dollars on or before December 31, 2025, and a fee of sixteen
dollars on and after January 1, 2026;
(b)
For vehicles specified in divisions (A)(1) to (21) of section
4503.042 of the Revised Code, a fee of thirty dollars on or before
December 31, 2025, and a fee of thirty-five dollars on and after
January 1, 2026.
No
additional fee shall be charged for vehicles registered under section
4503.65 of the Revised Code. Each 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 or alternative emissions certificate, and
the stamping of the inspection certificate or alternative emissions
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 or an
alternative emissions certificate with an application for
registration or preregistration.
(b)
Upon request, the registrar shall provide the director of
environmental protection, or any person that has been awarded a
contract under section 3704.14 of the Revised Code, an on-line
computer data link to registration information for all passenger
cars, noncommercial motor vehicles, and commercial cars that are
subject to that section. The registrar also shall provide to the
director of environmental protection a magnetic data tape containing
registration information regarding passenger cars, noncommercial
motor vehicles, and commercial cars for which a multi-year
registration is in effect under section 4503.103 of the Revised Code
or rules adopted under it, including, without limitation, the date of
issuance of the multi-year registration, the registration deadline
established under rules adopted under section 4503.101 of the Revised
Code that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for renewal of
the multi-year registration.
(J)
Subject to division (K) of this section, application for registration
under the international registration plan, as set forth in sections
4503.60 to 4503.66 of the Revised Code, shall be made to the
registrar on forms furnished by the registrar. In accordance with
international registration plan guidelines and pursuant to rules
adopted by the registrar, the forms shall include the following:
(1)
A uniform mileage schedule;
(2)
The gross vehicle weight of the vehicle or combined gross vehicle
weight of the combination vehicle as declared by the registrant;
(3)
Any other information the registrar requires by rule.
(K)
The registrar shall determine the feasibility of implementing an
electronic commercial fleet licensing and management program that
will enable the owners of commercial tractors, commercial trailers,
and commercial semitrailers to conduct electronic transactions by
July 1, 2010, or sooner. If the registrar determines that
implementing such a program is feasible, the registrar shall adopt
new rules under this division or amend existing rules adopted under
this division as necessary in order to respond to advances in
technology.
If
international registration plan guidelines and provisions allow
member jurisdictions to permit applications for registrations under
the international registration plan to be made via the internet, the
rules the registrar adopts under this division shall permit such
action.
Sec.
4503.102.
(A)(1)
The registrar of motor vehicles may adopt rules to establish a
centralized system of motor vehicle registration for initial
registration, registration renewal, and transfer of registration, by
mail or by electronic means.
(2)
Any person applying electronically for initial registration or for
transfer of registration may submit all associated documents
electronically through the centralized system of motor vehicle
registration established under this section. The registrar or a
deputy registrar shall verify and authenticate such documents.
(3)
Any person owning a motor vehicle that was registered in the person's
name during the preceding registration year shall renew the
registration of the motor vehicle not more than ninety days prior to
the expiration date of the registration through one of the following:
(a)
By mail or by electronic means through the centralized system of
registration established under this section;
(b)
In person at any office of the registrar or at a deputy registrar's
office.
(B)(1)
Except as provided in division (B)(2) of this section, no less than
forty-five days prior to the expiration date of any motor vehicle
registration, the registrar shall mail a renewal notice to the person
in whose name the motor vehicle is registered. The renewal notice
shall clearly state that the registration of the motor vehicle may be
renewed by mail or electronic means through the centralized system of
registration or in person at any office of the registrar or at a
deputy registrar's office and shall be preprinted with information
including, but not limited to, the owner's name and residence address
as shown in the records of the bureau of motor vehicles, a brief
description of the motor vehicle to be registered, notice of the
license taxes and fees due on the motor vehicle, the toll-free
telephone number of the registrar as required under division (D)(1)
of section 4503.031 of the Revised Code, and any additional
information the registrar may require by rule. The renewal notice
shall not include the social security number of either the owner of
the motor vehicle or the person in whose name the motor vehicle is
registered. The renewal notice shall be sent by regular mail to the
owner's last known address as shown in the records of the bureau of
motor vehicles.
(2)
The registrar is not required to mail a renewal notice if either of
the following applies:
(a)
The owner of the vehicle has consented to receiving the renewal
notice by electronic means only.
(b)
The application for renewal of the registration of a motor vehicle is
prohibited from being accepted by the registrar or a deputy registrar
by division (D) of section 2935.27, division (A) of section 4503.13,
division (B) of section 4510.22, division (D) of section 4503.234,
division (B)(1) of section 4521.10, or division (B) of section
5537.041 of the Revised Code.
(3)
If the owner of a motor vehicle has consented to receiving a renewal
notice by electronic means only, the registrar shall send an
electronic renewal notice to the owner that contains the information
specified in division (B)(1) of this section at the time specified
under that division.
(C)
(C)(1)
The owner of the motor vehicle shall verify the information contained
in the notice, sign it either manually or by electronic means, and
return it, either by mail or electronic means, or the owner may take
it in person to any office of the registrar or of a deputy registrar.
The
(2)
The
owner
shall include with the notice
a
all
of the following:
(a)
A
financial
transaction device number when renewing in person or by electronic
means but not by mail, check, or money order in the amount of the
registration taxes and fees payable on the motor vehicle
and
,
a
service fee equal to the amount established under section 4503.038 of
the Revised Code, plus postage as indicated on the notice if the
registration is renewed or fulfilled by mail
,
and an
;
(b)
Proof of financial responsibility in the manner described in division
(G) of section 4509.101 of the Revised Code;
(c)
An
inspection
certificate or alternative emissions certificate for the motor
vehicle as provided in section 3704.14 of the Revised Code.
If
(3)
If
the
motor vehicle owner chooses to renew the motor vehicle registration
by electronic means, the owner shall proceed in accordance with the
rules the registrar adopts.
(D)
If
all
The
registrar or deputy registrar shall refuse an application for
registration renewal and shall so notify the owner or lessee if any
of the following apply:
(1)
All
registration
and transfer fees for the motor vehicle for the preceding year or the
preceding period of the current registration year have not been paid
,
if division
;
(2)
Division
(D) of section 2935.27, division (A) of section 4503.13, division (B)
of section 4510.22, division (D) of section 4503.234, division (B)(1)
of section 4521.10, or division (B) of section 5537.041 of the
Revised Code prohibits acceptance of the renewal
notice, or if the
application;
(3)
The owner or lessee does not have proof of financial responsibility
with respect to the motor vehicle being registered;
(4)
The
owner
or lessee does not have an inspection certificate or alternative
emissions certificate for the motor vehicle as provided in section
3704.14 of the Revised Code, if that section is applicable
,
the license shall be refused, and the registrar or deputy registrar
shall so notify the owner
.
This
This
section
does not require the payment of license or registration taxes on a
motor vehicle for any preceding year, or for any preceding period of
a year, if the motor vehicle was not taxable for that preceding year
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised Code.
(E)(1)
Failure to receive a renewal notice does not relieve a motor vehicle
owner from the responsibility to renew the registration for the motor
vehicle. Any person who has a motor vehicle registered in this state
and who does not receive a renewal notice as provided in division (B)
of this section prior to the expiration date of the registration
shall request an application for registration from the registrar or a
deputy registrar and sign the application manually or by electronic
means and submit the application and pay any applicable license taxes
and fees to the registrar or deputy registrar.
(2)
If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code from accepting the application, the registrar shall return the
application and the payment to the owner. If the owner of a motor
vehicle submits a registration renewal application to the registrar
by electronic means and the registrar is prohibited from accepting
the application as provided in this division, the registrar shall
notify the owner of this fact and deny the application and return the
payment or give a credit on the financial transaction device account
of the owner in the manner the registrar prescribes by rule adopted
pursuant to division (A) of this section.
(F)
Every deputy registrar shall post in a prominent place at the
deputy's office a notice informing the public of the mail
registration system required by this section and also shall post a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days after
the change occurs. The notice shall be in such form as the registrar
prescribes by rule.
(G)(1)
The service fee equal to the amount established under section
4503.038 of the Revised Code that is collected from a person who
renews a motor vehicle registration by electronic means or by mail,
plus postage collected by the registrar and any financial transaction
device surcharge collected by the registrar, shall be paid to the
credit of the public safety - highway purposes fund established by
section 4501.06 of the Revised Code.
(2)
A person who submits an initial registration or a transfer of
registration by electronic means under this section shall pay a
service fee equal to the amount established under section 4503.038 of
the Revised Code, any necessary postage costs, and any financial
transaction device surcharge, as applicable. The service fee
collected shall be paid either to the registrar or to the deputy
registrar that verifies and authenticates the submitted documents in
accordance with division (A)(2) of this section. If the registrar
authorizes a deputy registrar to mail the certificate of registration
and any associated license plate to the applicant, the postage costs
shall be paid to that deputy registrar.
(H)(1)
Pursuant to section 113.40 of the Revised Code, the registrar shall
implement a program permitting payment of motor vehicle registration
taxes and fees, driver's license and commercial driver's license
fees, and any other taxes, fees, penalties, or charges imposed or
levied by the state by means of a financial transaction device for
transactions occurring online, at any office of the registrar, and at
all deputy registrar locations. The program shall take effect not
later than July 1, 2016. The registrar shall adopt rules as necessary
for this purpose, but all such rules are subject to any action,
policy, or procedure of the board of deposit or treasurer of state
taken or adopted under section 113.40 of the Revised Code.
(2)
The rules adopted under division (H)(1) of this section shall require
a deputy registrar to accept payments by means of a financial
transaction device beginning on the effective date of the rules
unless the deputy registrar contract entered into by the deputy
registrar prohibits the acceptance of such payments by financial
transaction device. However, commencing with deputy registrar
contract awards that have a start date of July 1, 2016, and for all
contract awards thereafter, the registrar shall require that the
proposer accept payment by means of a financial transaction device,
including credit cards and debit cards, for all department of public
safety transactions conducted at that deputy registrar location.
The
bureau and deputy registrars are not required to pay any costs that
result from accepting payment by means of a financial transaction
device. A deputy registrar may charge a person who tenders payment
for a department transaction by means of a financial transaction
device any cost the deputy registrar incurs from accepting payment by
the financial transaction device, but the deputy registrar shall not
require the person to pay any additional fee of any kind in
connection with the use by the person of the financial transaction
device.
(3)
In accordance with division (H)(1) of this section and rules adopted
by the registrar under that division, a county auditor or clerk of a
court of common pleas that is designated a deputy registrar shall
accept payment by means of a financial transaction device, including
credit cards and debit cards, for all department transactions
conducted at the office of the county auditor or clerk in the county
auditor's or clerk's capacity as deputy registrar. The bureau is not
required to pay any costs incurred by a county auditor or clerk that
result from accepting payment by means of a financial transaction
device for any department transaction.
(I)
For persons who reside in counties where tailpipe emissions
inspections are required under the motor vehicle inspection and
maintenance program, the notice required by division (B) of this
section shall also include the toll-free telephone number maintained
by the Ohio environmental protection agency to provide information
concerning the locations of emissions testing centers. The registrar
also shall include a statement in the notice that a battery electric
motor vehicle is not required to undergo emissions inspection under
the motor vehicle inspection and maintenance program established
under section 3704.14 of the Revised Code.
Sec.
4503.20.
(A)
As used in this section:
(1)
"Dealer engaged in the business of leasing motor vehicles"
means any person engaged in the business of regularly making
available, offering to make available, or arranging for another
person to use a motor vehicle pursuant to a bailment, lease, or other
contractual arrangement.
(2)
"Motor vehicle" has the meaning set forth in section
4509.01 of the Revised Code.
(B)
An
In
addition to an applicant for registration or registration renewal
providing proof of financial responsibility in accordance with
division (B)(8) of section 4503.10 of the Revised Code, an
application
for the registration of a motor vehicle shall contain a statement, to
be signed by the applicant either manually or by electronic
signature, that does all of the following:
(1)
States that the applicant maintains, or has maintained on the
applicant's behalf, proof of financial responsibility at the time of
application, and will not operate a motor vehicle in this state,
unless the applicant maintains, with respect to that motor vehicle or
the operation of such vehicle, proof of financial responsibility;
(2)
Contains a brief summary of the purposes and operation of section
4509.101 of the Revised Code, the rights and duties of the applicant
under that section, and the penalties for violation of that section;
(3)
Warns the applicant that the financial responsibility law does not
prevent the possibility that the applicant may be involved in an
accident with an owner or operator of a motor vehicle who is without
proof of financial responsibility.
(C)(1)
A person who purchases any motor vehicle from a licensed motor
vehicle dealer who agrees to make application for registration of the
motor vehicle on behalf of the purchaser shall sign statements that
comply with divisions (B) and (F) of this section. The dealer shall
submit the statements to the deputy registrar where the dealer has
agreed to make application for registration on behalf of the person.
(2)
In the case of a person who leases any motor vehicle from a dealer
engaged in the business of leasing motor vehicles who agrees to make
application for registration of the motor vehicle on behalf of the
lessee, the person shall sign a statement that complies with division
(B) of this section, and the dealer shall do either of the following:
(a)
Submit the statement signed by the person to the deputy registrar
where the dealer has agreed to make application for registration on
behalf of the person;
(b)
Sign and submit a statement to the deputy registrar that certifies
that a statement has been signed and filed with the dealer or
incorporated into the lease.
The
dealer shall submit to the registrar or deputy registrar to whom the
dealer submits the application for registration a statement signed by
the person that complies with division (F) of this section.
(D)
The registrar of motor vehicles shall prescribe the form of the
statements required under divisions (B), (C), and (F) of this
section, and the manner or manners in which the statements required
under divisions (B) and (F) of this section shall be presented to the
applicant. Any statement that is required under divisions (B), (C),
and (F) of this section shall be designed to enable the applicant to
retain a copy of it.
(E)
Nothing within this section shall be construed to excuse a violation
of section 4509.101 of the Revised Code. A motor vehicle dealer who
makes application for the registration of a motor vehicle on behalf
of the purchaser or lessee of the motor vehicle is not liable in
damages in any civil action on account of the act of making such
application for registration or the content of any such application
for registration.
(F)
In addition to the statements required by divisions (B) and (C) of
this section, a person who makes application for registration of a
motor vehicle shall be furnished with a form that lists in plain
language all the possible penalties to which a person could be
subject for a violation of the financial responsibility law,
including driver's license suspensions
,
impoundment of certificates of registration and license plates,
and all fees, including
nonvoluntary
compliance and
reinstatement
fees. The person shall read the form and either manually or by
electronic signature sign the form, which shall be submitted along
with the application for registration as provided in this section.
The form shall be retained by the registrar or deputy registrar who
issues the motor vehicle registration or the registrar's or deputy
registrar's successor for a period of two years from the date of
issuance of the registration.
(G)
Upon the registration of a motor vehicle, the owner of the motor
vehicle is deemed to have agreed to the production of proof of
financial responsibility by the owner or the operator of the motor
vehicle, upon the request of a peace officer or state highway patrol
trooper made in accordance with division (D)(2) of section 4509.101
of the Revised Code.
(H)
The registrar shall adopt rules governing the renewal of motor
vehicle registrations by electronic means
,
the mechanism of providing proof of financial responsibility through
those electronic means,
and the completion and submission of statements that comply with
divisions (B) and (F) of this section. The registrar shall adopt the
rules prescribed by this division in accordance with Chapter 119. of
the Revised Code.
Sec.
4503.48.
(A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, or other vehicle of a class approved
by the registrar of motor vehicles may apply to the registrar for the
registration of the vehicle and issuance of a blackout license plate.
The application may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the Revised Code.
Upon receipt of the completed application and compliance by the
applicant with divisions (B) and (C) of this section, the registrar
shall issue to the applicant the appropriate vehicle registration and
a blackout license plate and a validation sticker, or a validation
sticker alone when required by section 4503.191 of the Revised Code.
In
addition to the letters and numbers ordinarily inscribed on the
license plates, blackout license plates shall have a black background
with white letters or numbers. Blackout license plates shall not
display the slogan "BIRTHPLACE OF AVIATION" as required
under section 4503.22 of the Revised Code. Blackout license plates
also shall not display county identification stickers that identify
the county of registration as required under section 4503.19 of the
Revised Code.
(B)
A blackout license plate and a validation sticker, or validation
sticker alone, shall be issued upon receipt of an application for
registration of a motor vehicle under this section; payment of the
regular license tax as prescribed under section 4503.04 of the
Revised Code, any applicable motor vehicle license tax levied under
Chapter 4504. of the Revised Code, any applicable additional fee
prescribed by section 4503.40 or 4503.42 of the Revised Code, a
blackout license plate fee as provided in division (C) of this
section, and an additional administrative fee of ten dollars; and
compliance with all other applicable laws relating to the
registration of motor vehicles.
(C)
For each application for registration and registration renewal notice
the registrar receives under this section, the registrar shall
collect a blackout license plate fee of forty dollars. The registrar
shall deposit both of the following into the state treasury to the
credit of the public safety - highway purposes fund created in
section 4501.06 of the Revised Code:
(1)
The forty-dollar blackout license plate fee, the purpose of which is
to offset the costs of the online financial responsibility
verification system established under sections 4509.43 to 4509.434 of
the Revised Code;
(2)
The ten-dollar administrative fee, the purpose of which is to
compensate the bureau of motor vehicles for additional services
required in the issuing of blackout license plates.
Sec.
4507.212.
(A)
As used in this section, "motor vehicle" has the same
meaning as in section 4509.01 of the Revised Code.
(B)
An application for a driver's, commercial driver's, restricted, or
probationary license, or renewal of such license shall contain a
statement, to be signed by the applicant, that does all of the
following:
(1)
States that the applicant maintains, or has maintained on the
applicant's behalf, proof of financial responsibility at the time of
application, and will not operate a motor vehicle in this state,
unless the applicant maintains, or has maintained on the applicant's
behalf, proof of financial responsibility;
(2)
Contains a brief summary of the purposes and operation of section
4509.101 of the Revised Code, the rights and duties of the applicant
under that section, and the penalties for violation of that section;
(3)
Warns the applicant that the financial responsibility law does not
prevent the possibility that the applicant may be involved in an
accident with an owner or operator of a motor vehicle who is without
proof of financial responsibility.
(C)
The registrar of motor vehicles shall prescribe the form of the
statement, and the manner in which the statement shall be presented
to the applicant. The statement shall be designed to enable the
applicant to retain a copy of it.
(D)
Nothing within this section shall be construed to excuse a violation
of section 4509.101 of the Revised Code.
(E)
At the time a person submits an application for a driver's,
commercial driver's, restricted, or probationary license, or renewal
of such a license, the applicant also shall be furnished with a form
that lists in plain language all the possible penalties to which the
applicant could be subject for a violation of the financial
responsibility law, including driver's license suspensions
,
impoundment of certificates of registration and license plates,
and all fees, including
nonvoluntary
compliance and
reinstatement
fees. The applicant shall sign the form, which shall be submitted
along with the application. The form shall be retained by the
registrar or deputy registrar who issues the license or renewal or
the registrar's or deputy registrar's successor for a period of two
years from the date of issuance of the license or renewal. The
registrar shall prescribe the manner in which the form shall be
presented to the applicant, and the format of the form, which shall
be such that the applicant can retain a copy of it.
Sec.
4509.101.
(A)(1)
No person shall operate, or permit the operation of, a motor vehicle
in this state, unless proof of financial responsibility is maintained
continuously throughout the registration period with respect to that
vehicle, or, in the case of a driver who is not the owner, with
respect to that driver's operation of that vehicle.
(2)
Whoever violates division (A)(1) of this section shall be subject to
the following civil penalties:
(a)
Subject to divisions (A)(2)(b) and (c) of this section, a class (F)
suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code and
impoundment of the person's license. The court may grant limited
driving privileges to the person, but only if the person presents
proof of financial responsibility and is enrolled in a reinstatement
fee payment plan pursuant to section 4510.10 of the Revised Code.
(b)
If, within one year of the violation, the person's operating
privileges are again suspended and the person's license again is
impounded for a violation of division (A)(1) of this section, a class
C suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(3) of section 4510.02 of the Revised Code. The court may
grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, and no court may grant limited
driving privileges for the first fifteen days of the suspension.
(c)
If, within one year of the violation, the person's operating
privileges are suspended and the person's license is impounded two or
more times for a violation of division (A)(1) of this section, a
class B suspension of the person's driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege for the period of time specified
in division (B)(2) of section 4510.02 of the Revised Code. The court
may grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, except that no court may grant
limited driving privileges for the first thirty days of the
suspension.
(d)
In addition to the suspension of an owner's license under division
(A)(2)(a), (b), or (c) of this section, the suspension of the rights
of the owner to register the motor vehicle and the impoundment of the
owner's certificate of registration and license plates until the
owner complies with division (A)(5) of this section.
(e)
The
clerk of court shall waive the cost of filing a petition for limited
driving privileges if, pursuant to section 2323.311 of the Revised
Code, the petitioner applies to be qualified as an indigent litigant
and the court approves the application.
(3)
A person to whom this state has issued a certificate of registration
for a motor vehicle or a license to operate a motor vehicle or who is
determined to have operated any motor vehicle or permitted the
operation in this state of a motor vehicle owned by the person
shall
be
is
required
to verify the existence of proof of financial responsibility covering
the operation of the motor vehicle or the person's operation of the
motor vehicle under
either
any
of
the following circumstances:
(a)
The person or a motor vehicle owned by the person is involved in a
traffic accident that requires the filing of an accident report under
section 4509.06 of the Revised Code.
(b)
The person receives a traffic ticket indicating
that
both
of the following:
(i)
That proof of the maintenance of financial responsibility was not
verified for the motor vehicle when a peace officer or state highway
patrol trooper made an inquiry via the online financial
responsibility verification system established under sections 4509.43
to 4509.434 of the Revised Code;
(ii)
That
proof
of the maintenance of financial responsibility was not produced upon
the request of a peace officer or state highway patrol trooper made
in accordance with division (D)(2) of this section.
(c)
The person submits an application for registration or registration
renewal in accordance with the procedures specified under section
4503.10 of the Revised Code.
(d)
Whenever the registrar, via the online financial responsibility
verification system established under sections 4509.43 to 4509.434 of
the Revised Code, determines that a person is not maintaining proof
of financial responsibility and requests the person to respond under
section 4509.433 of the Revised Code.
(4)
An order of the registrar that suspends
and
impounds
a
license
,
registration, or both,
shall state the date on or before which the person is required to
surrender the person's license
or certificate of registration and license plates
.
The person is deemed to have surrendered the license
or certificate of registration and license plates
,
in compliance with the order, if the person does either of the
following:
(a)
On or before the date specified in the order, delivers the license
or
certificate of registration and license plates
to
the registrar;
(b)
Mails the license
or
certificate of registration and license plates
to
the registrar in an envelope or container bearing a postmark showing
a date no later than the date specified in the order.
(5)
Except as provided in division (L) of this section
or division (B) of section 4509.434 of the Revised Code
,
the registrar shall not restore any operating privileges
or
registration rights
suspended
under this section, return any license
,
certificate of registration, or license plates
surrendered under this section,
or
reissue license plates under section 4503.232 of the Revised Code, if
the registrar destroyed the impounded license plates under that
section,
or
reissue a license under section 4510.52 of the Revised Code, if the
registrar destroyed the suspended license under that section, unless
the rights are not subject to suspension or revocation under any
other law and unless the person, in addition to complying with all
other conditions required by law for reinstatement of the operating
privileges
or registration rights
,
complies with all of the following:
(a)
Pays to the registrar or an eligible deputy registrar a financial
responsibility reinstatement fee of forty dollars for the first
violation of division (A)(1) of this section, three hundred dollars
for a second violation of that division, and six hundred dollars for
a third or subsequent violation of that division;
(b)
Files and continuously maintains proof of financial responsibility in
accordance with sections 4509.44 to 4509.65 of the Revised Code;
(c)
Pays a deputy registrar a service fee of ten dollars to compensate
the deputy registrar for services performed under this section. The
deputy registrar shall retain eight dollars of the service fee and
shall transmit the reinstatement fee and two dollars of the service
fee to the registrar in the manner the registrar shall determine.
(B)(1)
Every party required to file an accident report under section 4509.06
of the Revised Code also shall include with the report a document
described in division (G)(1)(a) of this section or shall present
proof of financial responsibility through use of an electronic
wireless communications device as permitted by division (G)(1)(b) of
this section.
If
the registrar determines, within forty-five days after the report is
filed, that an operator or owner has violated division (A)(1) of this
section, the registrar shall do all of the following:
(a)
Order the suspension required under division (A)(2)(a), (b), or (c)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section;
(b)
With
respect to the motor vehicle that is the subject of the violation,
order the impoundment required under division (A)(2)(d) of this
section of the certificate of registration and license plates of any
owner who has violated division (A)(1) of this section;
(c)
Record
the name and address of the person whose license has been suspended
or is under an order of suspension,
or whose certificate of registration and license plates have been
impounded or are under an order of impoundment,
the serial number of the person's license,
the
serial numbers of the person's certificate of registration and
license plates,
and
the person's social security account number, if assigned, or, where
the motor vehicle that is the subject of the violation is used for
hire or principally in connection with any established business, the
person's federal taxpayer identification number. The information
shall be recorded in such a manner that it becomes a part of the
person's permanent record, and assists the registrar in monitoring
compliance with the orders of suspension
or impoundment
.
(c)
(d)
Send written notification to every person to whom the order pertains,
at the person's last known address as shown on the records of the
bureau. The person, within ten days after the date of the mailing of
the notification, shall surrender to the registrar, in a manner set
forth in division (A)(4) of this section, any license under an order
of suspension
,
or any certificate of registration and license plates under an order
of impoundment
.
(2)
The registrar shall issue any order under division (B)(1) of this
section without a hearing. Any person adversely affected by the
order, within fifteen days after the issuance of the order, may
request an administrative hearing before the registrar, who shall
provide the person with an opportunity for a hearing in accordance
with this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited to
whether the person in fact demonstrated to the registrar proof of
financial responsibility in accordance with this section. The
registrar shall determine the date, time, and place of any hearing,
provided that the hearing shall be held, and an order issued or
findings made, within thirty days after the registrar receives a
request for a hearing. If requested by the person in writing, the
registrar may designate as the place of hearing the county seat of
the county in which the person resides or a place within fifty miles
of the person's residence. The person shall pay the cost of the
hearing before the registrar, if the registrar's order of suspension
or
impoundment
is
upheld.
(C)
Any order of suspension
or
impoundment
issued
under this section or division (B) of section 4509.37 of the Revised
Code may be terminated at any time if the registrar determines upon a
showing of proof of financial responsibility that the operator or
owner of the motor vehicle was in compliance with division (A)(1) of
this section at the time of the traffic offense, motor vehicle
inspection, or accident that resulted in the order against the
person. A determination may be made without a hearing. This division
does not apply unless the person shows good cause for the person's
failure to present satisfactory proof of financial responsibility to
the registrar prior to the issuance of the order.
(D)(1)(a)
(D)(1)
For the purpose of enforcing this section, every peace officer is
deemed an agent of the registrar.
(b)
Any
(a)
Except as provided in division (D)(1)(b) of this section, any
peace
officer who, in the performance of the peace officer's duties as
authorized by law, becomes aware of a person whose license is under
an order of suspension,
or
whose certificate of registration and license plates are under an
order of impoundment,
pursuant
to this section, may confiscate the license
,
certificate of registration, and license plates,
and return
it
them
to
the registrar.
(b)
Any peace officer who, in the performance of the peace officer's
duties as authorized by law, becomes aware of a person whose license
is under an order of suspension, or whose certificate of registration
and license plates are under an order of impoundment, resulting from
failure to respond to an online financial responsibility verification
system request, shall not, for that reason arrest the owner or
operator. Instead, the peace officer shall issue a citation for a
violation of section 4510.16 of the Revised Code specifying the
circumstances as failure to respond to an online financial
responsibility verification system request.
(2)
A peace officer shall
request
the owner or operator of a motor vehicle to produce proof of
financial responsibility in a manner described in division (G) of
this section
make
an inquiry via the online financial responsibility verification
system
at
the time the peace officer acts to enforce the traffic laws of this
state and during motor vehicle inspections conducted pursuant to
section 4513.02 of the Revised Code.
If
the results of the inquiry indicate no proof of the maintenance of
financial responsibility or are inconclusive, the peace officer shall
request the owner or operator of the motor vehicle to produce proof
of financial responsibility in a manner described in division (G) of
this section.
(3)
A peace officer shall indicate on every traffic ticket
the
results of the inquiry via the online financial responsibility
verification system and
whether
the person receiving the traffic ticket produced proof of the
maintenance of financial responsibility in response to the officer's
request under division (D)(2) of this section
,
as applicable
.
The peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of the maintenance of
financial responsibility that the person must submit proof to the
traffic violations bureau with any payment of a fine and costs for
the ticketed violation or, if the person is to appear in court for
the violation, the person must submit proof to the court.
(4)(a)
If a person who has failed to produce proof of the maintenance of
financial responsibility appears in court for a ticketed violation,
the court may permit the defendant to present evidence of proof of
financial responsibility to the court at such time and in such manner
as the court determines to be necessary or appropriate. In a manner
prescribed by the registrar, the clerk of courts shall provide the
registrar with the identity of any person who fails to submit proof
of the maintenance of financial responsibility pursuant to division
(D)(3) of this section.
(b)
If a person who has failed to produce proof of the maintenance of
financial responsibility also fails to submit that proof to the
traffic violations bureau with payment of a fine and costs for the
ticketed violation, the traffic violations bureau, in a manner
prescribed by the registrar, shall notify the registrar of the
identity of that person.
(5)(a)
Upon receiving notice from a clerk of courts or traffic violations
bureau pursuant to division (D)(4) of this section, the registrar
shall order the suspension of the license of the person required
under division (A)(2)(a), (b), or (c) of this section
and the impoundment of the person's certificate of registration and
license plates required under division (A)(2)(d) of this section
,
effective forty-five days after the date of the mailing of
notification. The registrar also shall notify the person that the
person must present the registrar with proof of financial
responsibility in accordance with this section, surrender to the
registrar the person's license
,
certificate of registration, and license plates
,
or submit a statement subject to section 2921.13 of the Revised Code
that the person did not operate or permit the operation of the motor
vehicle at the time of the offense. Notification shall be in writing
and shall be sent to the person at the person's last known address as
shown on the records of the bureau of motor vehicles. The person,
within forty-five days after the date of the mailing of notification,
shall present proof of financial responsibility, surrender the
license
,
certificate of registration, and license plates
to the registrar in a manner set forth in division (A)(4) of this
section, or submit the statement required under this section together
with other information the person considers appropriate.
If
the registrar does not receive proof or the person does not surrender
the license
,
certificate of registration, and license plates
,
in accordance with this division, the registrar shall permit the
order for the suspension of the license of the person
and
the impoundment of the certificate of registration and license plates
to
take effect.
(b)
In the case of a person who presents, within the forty-five-day
period, proof of financial responsibility, the registrar shall
terminate the order of suspension
and
the impoundment of the certificate of registration and license plates
and
shall send written notification to the person, at the person's last
known address as shown on the records of the bureau.
(c)
Any person adversely affected by the order of the registrar under
division (D)(5)(a) or (b) of this section, within fifteen days after
the issuance of the order, may request an administrative hearing
before the registrar, who shall provide the person with an
opportunity for a hearing in accordance with this paragraph. A
request for a hearing does not operate as a suspension of the order.
The scope of the hearing shall be limited to whether, at the time of
the hearing, the person presents proof of financial responsibility
covering the vehicle and whether the person is eligible for an
exemption in accordance with this section or any rule adopted under
it. The registrar shall determine the date, time, and place of any
hearing; provided, that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person, the
hearing may be held remotely by electronic means. If requested by the
person in writing, the registrar may designate as the place of
hearing the county seat of the county in which the person resides or
a place within fifty miles of the person's residence. Such person
shall pay the cost of the hearing before the registrar, if the
registrar's order of suspension under division (D)(5)(a) or (b) of
this section is upheld.
(6)
Any forms used by law enforcement agencies in administering this
section shall be prescribed, supplied, and paid for by the registrar.
(7)
No peace officer, law enforcement agency employing a peace officer,
or political subdivision or governmental agency that employs a peace
officer shall be liable in a civil action for damages or loss to
persons arising out of the performance of any duty required or
authorized by this section.
(8)
As used in this section, "peace officer" has the meaning
set forth in section 2935.01 of the Revised Code.
(E)
All fees, except court costs, fees paid to a deputy registrar, and
those portions of the financial responsibility reinstatement fees as
otherwise specified in this division, collected under this section
shall be paid into the state treasury to the credit of the public
safety - highway purposes fund established in section 4501.06 of the
Revised Code and used to cover costs incurred by the bureau in the
administration of this section and sections 4503.20, 4507.212, and
4509.81 of the Revised Code, and by any law enforcement agency
employing any peace officer who returns any license
,
certificate of registration, and license plates
to the registrar pursuant to division (C) of this section.
Of
each financial responsibility reinstatement fee the registrar
collects pursuant to division (A)(5)(a) of this section or receives
from a deputy registrar under division (A)(5)(c) of this section, the
registrar shall deposit ten dollars of each forty-dollar
reinstatement fee, fifty dollars of each three-hundred-dollar
reinstatement fee, and one hundred dollars of each six-hundred-dollar
reinstatement fee into the state treasury to the credit of the
indigent defense support fund created by section 120.08 of the
Revised Code.
(F)
Chapter 119. of the Revised Code applies to this section only to the
extent that any provision in that chapter is not clearly inconsistent
with this section.
(G)(1)(a)
The registrar, court, traffic violations bureau, or peace officer may
require proof of financial responsibility to be demonstrated by use
of a standard form prescribed by the registrar. If the use of a
standard form is not required, a person may demonstrate proof of
financial responsibility under this section by presenting to the
traffic violations bureau, court, registrar, or peace officer any of
the following documents or a copy of the documents:
(i)
A financial responsibility identification card as provided in section
4509.103 of the Revised Code;
(ii)
A certificate of proof of financial responsibility on a form provided
and approved by the registrar for the filing of an accident report
required to be filed under section 4509.06 of the Revised Code;
(iii)
A policy of liability insurance, a declaration page of a policy of
liability insurance, or liability bond, if the policy or bond
complies with section 4509.20 or sections 4509.49 to 4509.61 of the
Revised Code;
(iv)
A bond or certification of the issuance of a bond as provided in
section 4509.59 of the Revised Code;
(v)
A certificate of deposit of money or securities as provided in
section 4509.62 of the Revised Code;
(vi)
A certificate of self-insurance as provided in section 4509.72 of the
Revised Code.
(b)
A person also may present proof of financial responsibility under
this section to the traffic violations bureau, court, registrar, or
peace officer through use of an electronic wireless communications
device as specified under section 4509.103 of the Revised Code.
(2)
If a person fails to demonstrate proof of financial responsibility in
a manner described in division (G)(1) of this section, the person may
demonstrate proof of financial responsibility under this section by
any other method that the court or the bureau, by reason of
circumstances in a particular case, may consider appropriate.
(3)
A motor carrier certificated by the interstate commerce commission or
by the public utilities commission may demonstrate proof of financial
responsibility by providing a statement designating the motor
carrier's operating authority and averring that the insurance
coverage required by the certificating authority is in full force and
effect.
(4)(a)
A finding by the registrar or court that a person is covered by proof
of financial responsibility in the form of an insurance policy or
surety bond is not binding upon the named insurer or surety or any of
its officers, employees, agents, or representatives and has no legal
effect except for the purpose of administering this section.
(b)
The preparation and delivery of a financial responsibility
identification card or any other document authorized to be used as
proof of financial responsibility and the generation and delivery of
proof of financial responsibility to an electronic wireless
communications device that is displayed on the device as text or
images does not do any of the following:
(i)
Create any liability or estoppel against an insurer or surety, or any
of its officers, employees, agents, or representatives;
(ii)
Constitute an admission of the existence of, or of any liability or
coverage under, any policy or bond;
(iii)
Waive any defenses or counterclaims available to an insurer, surety,
agent, employee, or representative in an action commenced by an
insured or third-party claimant upon a cause of action alleged to
have arisen under an insurance policy or surety bond or by reason of
the preparation and delivery of a document for use as proof of
financial responsibility or the generation and delivery of proof of
financial responsibility to an electronic wireless communications
device.
(c)
Whenever it is determined by a final judgment in a judicial
proceeding that an insurer or surety, which has been named on a
document or displayed on an electronic wireless communications device
accepted by a court or the registrar as proof of financial
responsibility covering the operation of a motor vehicle at the time
of an accident or offense, is not liable to pay a judgment for
injuries or damages resulting from such operation, the registrar,
notwithstanding any previous contrary finding, shall forthwith
suspend the operating privileges and registration rights of the
person against whom the judgment was rendered as provided in division
(A)(2) of this section.
(H)
In order for any document or display of text or images on an
electronic wireless communications device described in division
(G)(1) of this section to be used for the demonstration of proof of
financial responsibility under this section, the document or words or
images shall state the name of the insured or obligor, the name of
the insurer or surety company, and the effective and expiration dates
of the financial responsibility, and designate by explicit
description or by appropriate reference all motor vehicles covered
which may include a reference to fleet insurance coverage.
(I)
For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section 4517.01
of the Revised Code, but does include a motor vehicle renting dealer
as defined in section 4549.65 of the Revised Code. Nothing in this
section or in section 4509.51 of the Revised Code shall be construed
to prohibit a motor vehicle renting dealer from entering into a
contractual agreement with a person whereby the person renting the
motor vehicle agrees to be solely responsible for maintaining proof
of financial responsibility, in accordance with this section, with
respect to the operation, maintenance, or use of the motor vehicle
during the period of the motor vehicle's rental.
(J)
The purpose of this section is to require the maintenance of proof of
financial responsibility with respect to the operation of motor
vehicles on the highways of this state, so as to minimize those
situations in which persons are not compensated for injuries and
damages sustained in motor vehicle accidents. The general assembly
finds that this section contains reasonable civil penalties and
procedures for achieving this purpose.
(K)
Nothing in this section shall be construed to be subject to section
4509.78 of the Revised Code.
(L)(1)
The registrar may terminate any suspension imposed under this section
and not require the owner to comply with division (A)(5) of this
section if the registrar with or without a hearing determines that
the owner of the vehicle has established by clear and convincing
evidence that all of the following apply:
(a)
The owner customarily maintains proof of financial responsibility.
(b)
Proof of financial responsibility was not in effect for the vehicle
on the date in question for one of the following reasons:
(i)
The vehicle was inoperable.
(ii)
The vehicle is operated only seasonally, and the date in question was
outside the season of operation
,
and the vehicle was not operated on that date
.
(iii)
A person other than the vehicle owner or driver was at fault for the
lapse of proof of financial responsibility through no fault of the
owner or driver.
(iv)
The lapse of proof of financial responsibility was caused by
excusable neglect under circumstances that are not likely to recur
and do not suggest a purpose to evade the requirements of this
chapter.
(2)
The registrar may grant an owner or driver relief for a reason
specified in division (L)(1)(b)(iii) or (iv) of this section only if
the owner or driver has not previously been granted relief under
division (L)(1)(b)(iii) or (iv) of this section.
(M)
The registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code that are necessary to administer and enforce this
section. The rules shall include provisions relating to acceptable
forms of proof of financial responsibility, the use of an electronic
wireless communications device to present proof of financial
responsibility, and verification of the existence of financial
responsibility during the period of registration.
(N)(1)
When a person utilizes an electronic wireless communications device
to present proof of financial responsibility, only the evidence of
financial responsibility displayed on the device shall be viewed by
the registrar, peace officer, employee or official of the traffic
violations bureau, or the court. No other content of the device shall
be viewed for purposes of obtaining proof of financial
responsibility.
(2)
When a person provides an electronic wireless communications device
to the registrar, a peace officer, an employee or official of a
traffic violations bureau, or the court, the person assumes the risk
of any resulting damage to the device unless the registrar, peace
officer, employee, or official, or court personnel purposely,
knowingly, or recklessly commits an action that results in damage to
the device.
Sec.
4509.43.
As
used in sections 4509.43 to 4509.434 of the Revised Code:
"Commercial
motor vehicle coverage" means the insurance coverage provided
for commercial motor vehicles, regardless of the number of commercial
motor vehicles covered, the entity covered, or the format of the
insurance.
"Required
financial responsibility verification event" means any event
during which a person is required to provide proof of financial
responsibility, including during traffic stops, traffic accidents,
motor vehicle inspections, motor vehicle registration, and appearance
before the traffic violations bureau.
Sec.
4509.431.
(A)(1)
The registrar of motor vehicles shall, in accordance with sections
4509.43 to 4509.434 of the Revised Code and rules adopted under those
sections, implement an online financial responsibility verification
system. The registrar shall either create and develop the system or
shall contract with a third party to create and develop the system.
The system may be based in whole or in part on the model established
by the insurance industry committee on motor vehicle administration.
The registrar or the contracted third party shall ensure that the
system is capable of electronically verifying proof of financial
responsibility for motor vehicles that are registered in this state.
(2)
The entity that creates and develops the system is responsible for
all ongoing maintenance of the system, including all technology
support services, troubleshooting, and technology updates.
(B)
The registrar and any third party, if applicable, shall work together
to ensure that all of the following apply to the online financial
responsibility verification system:
(1)
At the time of a required financial responsibility verification
event, it is able to verify whether a person operating a motor
vehicle registered in this state has proof of financial
responsibility with respect to that motor vehicle that is either
maintained by the motor vehicle's owner or operator. The verification
conducted under division (B)(1) of this section is based on the
latest information included in the system, specifically whether the
owner or operator has added, dropped, or changed the owner's or
operator's proof of financial responsibility.
(2)
It is able to send requests to insurers for verification of proof of
financial responsibility through electronic services or the internet
using multiple data elements, including:
(a)
The national association of insurance commissioner's code that is
specific to each licensed insurance company;
(b)
Vehicle identification number;
(c)
Policy number;
(d)
Any other data element as determined by the registrar by rule.
(3)
It uses data and data transmission formats that are compatible with
the technology and systems available to and used by the bureau of
motor vehicles.
(4)
It provides sufficient measures for the security and integrity of the
data contained in and obtained through use of the system. Such
measures may include measures that limit the use and disclosure of
the data in accordance with the disclosure authorized for personal
information, other than sensitive personal information, in section
4501.27 of the Revised Code and in compliance with all federal and
state data privacy laws.
(C)
The registrar and any third party, if applicable, shall maintain a
record of all system data related to an inquiry and the response to
that inquiry for not less than six months after the date of the
inquiry and the response to that inquiry.
(D)
The registrar and any third party, if applicable, may implement
periods of reasonable system downtime for system maintenance as
determined by the registrar.
Sec.
4509.432.
(A)
Except as otherwise provided by this section, any insurer that
provides proof of financial responsibility for a motor vehicle
registered in this state shall do all of the following with respect
to the online financial responsibility verification system:
(1)
Cooperate with the registrar of motor vehicles and any third party,
if applicable, in establishing and operating the system;
(2)
Maintain the data necessary to verify proof of financial
responsibility provided to customers and update such data as
necessary and in the time period established by and through the
system;
(3)
Maintain any internet or electronic service through which the online
verification can take place, including the ability to respond to
authorized inquiries regarding whether a motor vehicle is insured or
an insurance policy is in effect on the requested date that is based
on the latest information included in the system;
(4)
Provide data security consistent with all established and agreed-upon
standards;
(5)
Maintain a record of all system data related to an inquiry and the
response to that inquiry for not less than six months after the date
of the inquiry and the response to that inquiry.
(B)
Any insurer that provides commercial motor vehicle coverage or that
covers less than one thousand motor vehicles registered in this state
shall cooperate with the registrar to verify proof of financial
responsibility either by using the online financial responsibility
verification system or by establishing a mechanism to verify coverage
through data file transfers to the registrar, in a form and in the
time period established by the registrar. A vehicle identification
number is not required as part of the data transfer if the commercial
motor vehicle coverage is a nonvehicle specific policy or is not
regularly required by the insurer.
(C)
An
insurer may use a third party service provider to facilitate the
responsibilities of the insurer under this section.
(D)
An insurer and third-party service provider are immune from civil and
administrative liability if that insurer or provider makes reasonable
efforts, as determined by the registrar, to comply with this section.
Sec.
4509.433.
(A)
When, through the operation of the online financial responsibility
verification system, a person is identified as not having proof of
financial responsibility with respect to a motor vehicle owned or
leased by that person, notice shall be sent to the person, either by
electronic means or through regular mail at the last known address on
record for the person. The notice shall request that the person
respond in accordance with rules adopted by the registrar of motor
vehicles under section 4509.434 of the Revised Code by doing one of
the following:
(1)
Providing proof of financial responsibility;
(2)
Obtaining a motor vehicle liability policy or other form of proof of
financial responsibility and subsequently providing proof of
financial responsibility;
(3)
Verifying that the person who received the request does not have
legal title or right of possession to the motor vehicle that is the
subject of the request;
(4)
Verifying that proof of financial responsibility was not in effect
for the motor vehicle on the date in question for one of the reasons
specified in division (L)(1)(b) of section 4509.101 of the Revised
Code.
(B)
If a person fails to respond to the notice sent under division (A) of
this section within the time frame established by the registrar under
rules adopted under section 4509.434 of the Revised Code, that
failure may result in the suspension of the person's driver's license
or impoundment of the person's certificate of registration and
license plates and the imposition of reinstatement fees and other
monetary penalties in accordance with an order issued under section
4509.434 of the Revised Code.
Sec.
4509.434.
(A)
The registrar of motor vehicles shall adopt rules in accordance with
Chapter 119. of the Revised Code that do all of the following:
(1)
Establish procedures for issuing and responding to a notice under
section 4509.433 of the Revised Code, including all of the following:
(a)
The information to be included in the notice, including a warning
that failure to respond may result in the suspension of the person's
driver's license, impoundment of the person's certificate of
registration and license plates, and the imposition of reinstatement
fees and other monetary penalties;
(b)
The manner, timing, and number of notices that shall be sent to a
person identified as not having proof of financial responsibility for
a motor vehicle owned or leased by that person;
(c)
The entity responsible for sending the notices.
(2)
Establish procedures for verifying proof of financial responsibility,
sale or disposition of the motor vehicle that is the subject of a
notice, evidence that proof of financial responsibility was
reasonably excused for the motor vehicle that is the subject of the
notice and on the date in question in accordance with division
(L)(1)(b) of section 4509.101 of the Revised Code, or that the notice
is in any manner invalid. The rules shall authorize such verification
either through electronic means, by mail, or at the office of a
deputy registrar.
(3)
Establish procedures for the registrar to issue an order imposing the
civil penalties required under division (A)(2) of section 4509.101 of
the Revised Code if a person fails to respond within the time frame
established by rule after any final notice is sent under section
4509.433 of the Revised Code;
(4)
Establish procedures for a person adversely affected by an order
issued under division (A)(3) of this section to request an
administrative hearing before the registrar;
(5)
Establish procedures and requirements for implementing division (B)
of section 4509.432 of the Revised Code;
(6)
Establish any other procedures and requirements necessary to
administer and implement sections 4509.43 to 4509.434 of the Revised
Code.
(B)
The registrar shall terminate an order of suspension and impoundment
issued under division (A)(2) of section 4509.101 of the Revised Code
and rules adopted under this section and restore operating and motor
vehicle registration privileges of a person if both of the following
apply:
(1)
The registrar issued the order under this section because the person
failed to respond within the time frame established by rule after any
final notice was sent under section 4509.433 of the Revised Code.
(2)
The registrar or a deputy registrar determines that the person was in
compliance with division (A)(1) of section 4509.101 of the Revised
Code within the time frame established by rule after any final notice
was sent under section 4509.433 of the Revised Code.
If
division (B) of this section applies to a person, the person is not
required to continuously file proof of financial responsibility or
pay the fees established in divisions (A)(5)(a) and (b) of section
4509.101 of the Revised Code.
(C)
Any suspensions or impoundment of certificates of registration and
license plates imposed in accordance with this section shall include
a distinctive designation on the records of the bureau of motor
vehicles and the registrar and on the records transmitted by the
registrar to the law enforcement automated data system.
(D)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under this section is not subject to sections 121.95 to 121.953 of
the Revised Code.
Sec.
4509.66.
Whenever
any proof of financial responsibility filed under sections 4509.01 to
4509.78, inclusive, of the Revised Code, no longer fulfills the
purposes for which required, the registrar of motor vehicles shall
require other proof and shall suspend the license
and
motor vehicle registration
or
the nonresident's operating privilege pending the filing of such
other proof.
Sec.
4509.67.
(A)
The registrar of motor vehicles shall, upon request, consent to the
immediate cancellation of any bond or certificate of insurance,
return to the person entitled any money deposited under sections
4509.01 to 4509.78 of the Revised Code, as proof of financial
responsibility, or waive the requirement of filing proof, in any of
the following events:
(1)
At any time after one year from the date such proof was required
when, during the one year preceding the request, the registrar has
not received record of a conviction or bail forfeiture which would
require or permit the suspension or revocation of the license
,
motor vehicle registration
,
or nonresident's operating privilege of the person by or for whom
such proof was furnished;
(2)
In the event of the death of the person on whose behalf such proof
was filed or the permanent incapacity of such person to operate a
motor vehicle;
(3)
In the event the person who has given proof surrenders the person's
license
and
motor vehicle registration
to
the registrar.
(B)
The registrar shall not consent to the cancellation of any bond or
the return of any money if any action for damages upon a liability
covered by such proof is pending, or any judgment upon any such
liability is unsatisfied, or in the event the person who has filed
such bond or deposited such money has within two years immediately
preceding such request been involved as a driver or owner in any
motor vehicle accident resulting in injury to the person or property
of others. An affidavit of the applicant as to the nonexistence of
such facts, or that the applicant has been released from all
liability, or has been finally adjudicated not liable, for such
injury may be accepted as evidence thereof in the absence of evidence
to the contrary in the records of the registrar.
(C)
Whenever any person whose proof has been canceled or returned under
division (A)(3) of this section applies for a license
or
motor vehicle registration
within
a period of one year from the date proof was originally required, any
such application shall be refused unless the applicant re-establishes
proof of financial responsibility for the remainder of the one-year
period.
Sec.
4509.69.
Any
person whose license
or
motor vehicle registration
has
been suspended, or whose policy of insurance or bond has been
canceled or terminated, or who neglects to furnish other proof of
financial responsibility upon request of the registrar of motor
vehicles, shall immediately return the person's license
,
certificate of registration, and license plates
to the registrar.
Sec.
4509.77.
(A)
No person shall willfully fail to return a license
,
certificate of registration, or license plates
as required in section 4509.69 of the Revised Code.
(B)
Whoever violates this section shall be fined not more than five
hundred dollars, imprisoned for not more than thirty days, or both.
Section
2.
That
existing
sections
4503.10, 4503.102, 4503.20, 4507.212,
4509.101
,
4509.66, 4509.67, 4509.69, and 4509.77
of the Revised Code
are
hereby
repealed.
Section
3.
(A)
The Registrar of Motor Vehicles shall not make the online financial
verification system established under sections 4509.43 to 4509.434 of
the Revised Code operational for the nine-month period immediately
after the effective date of this section. Beginning nine months after
the effective date of this section, the Registrar shall implement the
system as a pilot program for a period of nine months. During the
pilot program, all of the following apply:
(1)
The Registrar shall work with any third party creator or developer,
if applicable, and insurers to discover and correct any technological
challenges, problems, or delays in the system.
(2)
The Registrar shall work with law enforcement agencies and courts to
discover and correct any technological problems and problems with
access to the system's data.
(3)
No person shall be penalized for failure to provide proof of
financial responsibility solely based on data provided by the system.
(B)
At the conclusion of the nine-month pilot program, the online
financial responsibility verification system shall be fully
operational. Beginning on the day after the pilot program terminates,
a person may be penalized in accordance with applicable law for
failure to provide proof of financial responsibility based on data
provided by the system.
(C)
Not later than two years after the effective date of this section,
the Registrar shall submit a report regarding the online financial
responsibility verification system to the General Assembly. The
report shall specify the costs of the system for the Bureau of Motor
Vehicles, any ongoing challenges in implementing and administering
the system, the benefits of the system, and the effectiveness of the
system in reducing the number of uninsured motor vehicles in this
state.