Increase number of vehicles a person may sell without a license

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 717

2025-2026

Representative Dean

To
amend section 4517.02 of the Revised Code
to
increase the number of vehicles, from five to fifteen, that a person
may sell without obtaining a motor vehicle dealer license if the
vehicles are over 12 years old.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 4517.02 of the Revised Code be amended to read as follows:

Sec.
4517.02.
(A)
Except as otherwise provided in this section, no person shall do any
of the following:

(1)
Engage in the business of displaying or selling at retail new motor
vehicles or assume to engage in that business, unless the person is
licensed as a new motor vehicle dealer under sections 4517.01 to
4517.45 of the Revised Code, or is a salesperson employed by a
licensed new motor vehicle dealer;

(2)
Engage in the business of offering for sale, displaying for sale, or
selling at retail or wholesale used motor vehicles or assume to
engage in that business, unless the person is licensed as a new motor
vehicle dealer, used motor vehicle dealer, or motor vehicle leasing
dealer under sections 4517.01 to 4517.45 of the Revised Code, is a
salesperson employed by a licensed used motor vehicle dealer or
licensed new motor vehicle dealer, or the person holds a construction
equipment auction license issued under section 4517.17 of the Revised
Code;

(3)
Engage in the business of regularly making available, offering to
make available, or arranging for another person to use a motor
vehicle, in the manner described in division (M) of section 4517.01
of the Revised Code, unless the person is licensed as a motor vehicle
leasing dealer under sections 4517.01 to 4517.45 of the Revised Code;

(4)
Engage in the business of motor vehicle auctioning or assume to
engage in that business, unless the person is licensed as a motor
vehicle auction owner under sections 4517.01 to 4517.45 of the
Revised Code and the person uses an auctioneer who is licensed under
Chapter 4707. of the Revised Code to conduct the motor vehicle
auctions or the person holds a construction equipment auction license
issued under section 4517.17 of the Revised Code;

(5)
Engage in the business of distributing motor vehicles or assume to
engage in that business, unless the person is licensed as a
distributor under sections 4517.01 to 4517.45 of the Revised Code;

(6)
Make
(6)(a)
Except as provided in division (A)(6)(b) of this section, make
more
than five casual sales of motor vehicles in a twelve-month period,
commencing with the day of the month in which the first such sale is
made,

nor provide a location or space for the sale of motor vehicles at a
flea market,

without obtaining a license as a dealer under sections 4517.01 to
4517.45 of the Revised Code
,
provided that nothing in this section shall be construed to prohibit
the disposition without a license of a motor vehicle originally
acquired and held for purposes other than sale, rental, or lease to
an employee, retiree, officer, or director of the person making the
disposition, to a corporation affiliated with the person making the
disposition, or to a person licensed under sections 4517.01 to
4517.45 of the Revised Code
;

(b)
Make more than fifteen casual sales of motor vehicles that are over
twelve years old, commencing with the day of the month in which the
first such sale is made, without obtaining a license as a dealer
under sections 4517.01 to 4517.45 of the Revised Code;

(7)

Provide
a location or space for the sale of motor vehicles at a flea market
without obtaining a license as a dealer under sections 4517.01 to
4517.45 of the Revised Code;

(8)

Engage
in the business of auctioning both large construction or
transportation equipment and also motor vehicles incident thereto,
unless the person is a construction equipment auctioneer or the
person is licensed as a motor vehicle auction owner and the person
uses an auctioneer who is licensed under Chapter 4707. of the Revised
Code to conduct the auction;

(8)
(9)

Engage in the business of displaying or selling at retail adaptive
mobility vehicles or assume to engage in that business, unless the
person is licensed as an adaptive mobility dealer under sections
4517.01 to 4517.45 of the Revised Code, or is a salesperson employed
by a licensed adaptive mobility dealer, except that any licensed
motor vehicle dealer may sell at retail a used adaptive mobility
vehicle.

(B)
Nothing in this section shall be construed to require an auctioneer
licensed under sections 4707.01 to 4707.19 of the Revised Code to
obtain a motor vehicle auction owner's license under sections 4517.01
to 4517.45 of the Revised Code when engaged in auctioning for a
licensed motor vehicle auction owner.

The
establishment of a construction equipment auction license by Am. Sub.
H.B. 114 of the 129th general assembly shall not in any way modify,
limit, or restrict in any manner the conduct of auctions by persons
licensed under Chapter 4707. of the Revised Code who are acting in
compliance with that chapter.

(C)

Nothing
in this section shall be construed to prohibit the disposition
without a license of a motor vehicle originally acquired and held for
purposes other than sale, rental, or lease to an employee, retiree,
officer, or director of the person making the disposition, to a
corporation affiliated with the person making the disposition, or to
a person licensed under sections 4517.01 to 4517.45 of the Revised
Code.

(D)

Sections
4517.01 to 4517.45 of the Revised Code do not apply to any of the
following:

(1)
Persons engaging in the business of selling commercial tractors,
trailers, or semitrailers incidentally to engaging primarily in
business other than the selling or leasing of motor vehicles;

(2)
Mortgagees selling at retail only those motor vehicles that have come
into their possession by a default in the terms of a mortgage
contract;

(3)
The leasing, rental, and interchange of motor vehicles used directly
in the rendition of a public utility service by regulated motor
carriers.

(D)
(E)

When a partnership licensed under sections 4517.01 to 4517.45 of the
Revised Code is dissolved by death, the surviving partners may
operate under the license for a period of sixty days, and the heirs
or representatives of deceased persons and receivers or trustees in
bankruptcy appointed by any competent authority may operate under the
license of the person succeeded in possession by that heir,
representative, receiver, or trustee in bankruptcy.

(E)
(F)

No remanufacturer shall engage in the business of selling at retail
any new motor vehicle without having written authority from the
manufacturer or distributor of the vehicle to sell new motor vehicles
and to perform repairs under the terms of the manufacturer's or
distributor's new motor vehicle warranty, unless, at the time of the
sale of the vehicle, each customer is furnished with a binding
agreement ensuring that the customer has the right to have the
vehicle serviced or repaired by a new motor vehicle dealer who is
franchised to sell and service vehicles of the same line-make as the
chassis of the remanufactured vehicle purchased by the customer and
whose service or repair facility is located within either twenty
miles of the remanufacturer's location and place of business or
twenty miles of the customer's residence or place of business. If
there is no such new motor vehicle dealer located within twenty miles
of the remanufacturer's location and place of business or the
customer's residence or place of business, the binding agreement
furnished to the customer may be with the new motor vehicle dealer
who is franchised to sell and service vehicles of the same line-make
as the chassis of the remanufactured vehicle purchased by the
customer and whose service or repair facility is located nearest to
the remanufacturer's location and place of business or the customer's
residence or place of business. Additionally, at the time of sale of
any vehicle, each customer of the remanufacturer shall be furnished
with a warranty issued by the remanufacturer for a term of at least
one year.

(F)
(G)

No adaptive mobility dealer shall do any of the following:

(1)
Represent that the dealer is engaged in the business of selling new
motor vehicles;

(2)
Sell, transfer, or offer to sell or transfer a new motor vehicle
unless that new motor vehicle is purchased through a licensed new
motor vehicle dealer;

(3)
Sell or offer to sell an adaptive mobility vehicle without written
documentation proving that the vehicle was adapted or modified in
accordance with 49 C.F.R. part 568 or 595.

(G)
(H)

Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor and shall be subject to a
mandatory fine of one hundred dollars. If the offender previously has
been convicted of or pleaded guilty to a violation of this section,
whoever violates this section is guilty of a misdemeanor of the first
degree and shall be subject to a mandatory fine of one thousand
dollars.

(H)
(I)

The offenses established under this section 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.

Section
2.
That
existing section 4517.02 of the Revised Code is hereby repealed.