Ohio Senate Bill SB65 Latest Draft

                            As Introduced
136th General Assembly
Regular Session	S. B. No. 65
2025-2026
Senator Lang
A B I L L
To amend sections 1317.05 , 3905.426, 4501.01, 
4503.21, 4505.08, 4509.06, 4509.70, 4513.071, 
4513.38, and 4513.41 and to enact sections 
1310.251, 4503.183, 4503.211, and 4505.072 of 
the Revised Code to modify the law governing 
ancillary product protection contracts, vehicle 
value protection agreements, replica and rental 
motor vehicles, and uninsured drivers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1317.05 , 3905.426, 4501.01, 
4503.21, 4505.08, 4509.06, 4509.70, 4513.071, 4513.38, and 
4513.41 be amended and sections 1310.251, 4503.183, 4503.211, 
and 4505.072 of the Revised Code be enacted to read as follows:
Sec. 1310.251.  	(A)(1) As used in this section, "excess  
wear and use waiver" means a contractual agreement that is part 
of, or a separate addendum to, a lease agreement for use of a 
motor vehicle, under which the lessor agrees, with or without a 
separate charge, to do one or both of the following:
(a) Cancel or waive all or part of amounts that may become 
due under a lessee's lease agreement as a result of excess wear 
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and use of a motor vehicle;
(b) Cancel or waive amounts due for excess mileage.
(2) "Motor vehicle" has the same meaning as in section 
4501.01 of the Revised Code and also includes utility vehicles 
and under-speed vehicles as defined in that section.
(B) The terms of a related motor vehicle lease shall not 
be conditioned upon the consumer's payment for any excess wear 
and use waiver. Excess wear and use waivers may be discounted or 
given at no extra charge in connection with the purchase of 
other noncredit related goods or services.
(C) Notwithstanding any provision of the Revised Code to 
the contrary, an excess wear and use waiver is not an insurance 
product.
Sec. 1317.05. (A) Any retail seller who, in any retail 
installment contract, has agreed to purchase insurance for the 
retail buyer and to extend credit for the price thereof, 
excluding single interest insurance, shall, prior to the due 
date of the first installment of the retail installment 
contract, deliver to the retail buyer personally, or mail or 
cause to be mailed to the retail buyer at the retail buyer's 
address as shown on the retail installment contract, the policy 
of insurance, or in lieu thereof a certificate of insurance, or 
the retail buyer is not liable on the retail buyer's retail 
installment contract until the policy, or certificate of 
insurance, is received, or full refund is made of the insurance 
premium. 
If the premium for insurance of like kind and amount, as 
fixed in the published manual of a recognized standard rating 
bureau designated by the retail seller, is less than the amount 
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charged the retail buyer as fixed in the written instrument in 
compliance with division (D) of section 1317.04 of the Revised 
Code, the retail buyer may deduct an amount equal to three times 
the difference from the amount owed the retail seller, or the 
retail seller's successor in interest. Sections 1317.01 to 
1317.11 of the Revised Code do not impair the authority of the 
superintendent of insurance to grant, renew, or revoke licenses, 
nor do said sections authorize anyone other than a licensee of 
the division of insurance to directly or indirectly receive any 
part of the amount charged for insurance in connection with any 
retail installment sale. 
(B) As used in this division, "debt cancellation or debt 
suspension product" means a contractual agreement in which a 
retail seller, or its assignee, agrees for a separate charge to 
cancel or waive all or a part of amounts due on a retail buyer's 
retail installment contract in the event of a total physical 
damage loss or unrecovered theft of the motor vehicle that is 
the subject of the contract. "Debt cancellation or debt 
suspension product" includes a guaranteed asset protection 
waiver, guaranteed auto protection waiver, or other similarly 
named agreement. A "debt cancellation or debt suspension 
product" may also provide, with or without a separate charge, a 
benefit that waives an amount, or provides a borrower with a 
credit, towards the purchase of a replacement motor vehicle.
A debt cancellation or debt suspension product, and an 
addendum to a retail installment contract containing a debt 
cancellation or debt suspension product, shall be considered a 
part of the retail installment contract and shall remain a part 
of that contract upon the assignment, sale, or transfer of that 
contract. The charge for any optional debt cancellation or debt 
suspension product shall be listed as a specific good and shall 
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not be considered a finance charge or interest . The purchase 
price and the terms of the debt cancellation or debt suspension 
product shall be disclosed in writing to the buyer. The 
extension of credit, terms of the credit, or the terms of the 
related motor vehicle sale or lease shall not be conditioned on 
the purchase of the debt cancellation or debt suspension 
product. Notwithstanding any other provision of law, a debt 
cancellation or debt suspension product shall not be considered 
insurance.
(C) Single interest insurance shall be listed as a 
specific good in a retail installment contract.
(D) As used in this section, "single interest insurance" 
means insurance that covers only the interest of the holder of 
the retail installment contract.
Sec. 3905.426. (A) As used in this section:
(1) "Contract holder" means the person who purchased a 
motor vehicle ancillary product protection contract, any 
authorized transferee or assignee of the purchaser, or any other 
person assuming the purchaser's rights under the motor vehicle 
ancillary product protection contract.
(2) "Finance agreement" means a loan or retail installment 
contract secured by a motor vehicle or a lease contract for the 
use of a motor vehicle.
(2) (3) "Motor vehicle" has the same meaning as in section 
4501.01 of the Revised Code and also includes utility vehicles 
and under-speed vehicles as defined in that section.
(3)(a) (4)(a) "Motor vehicle ancillary product protection 
contract" means a contract or agreement that is effective for a 
specified duration and paid for by means other than the purchase 
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of a motor vehicle, or its parts or equipment, to perform any 
one or more of the following services:
(i) Repair or replacement of glass on a motor vehicle 
necessitated by wear and tear or damage caused by a road hazard;
(ii) Removal of a dent, ding, or crease without affecting 
the existing paint finish using paintless dent removal 
techniques but which expressly excludes replacement of vehicle 
body panels, sanding, bonding, or painting;
(iii) Repair to the interior components of a motor vehicle 
necessitated by wear and tear but which expressly excludes 
replacement of any part or component of a motor vehicle's 
interior;
(iv) Repair or replacement of tires or wheels damaged 
because of a road hazard;
(v) Replacement of a lost, stolen, or inoperable key or 
key fob;
(vi) In conjunction with a motor vehicle leased for use, 
the repair, replacement, or maintenance of property, or 
indemnification for repair, replacement, or maintenance, due to 
excess wear and use, damage for items such as tires, paint 
cracks or chips, missing interior or exterior parts, or excess 
mileage that results in a lease-end charge, or any other charge 
for damage that is deemed as excess wear and use by a lessor 
under a motor vehicle lease, provided any such charge shall not 
exceed the purchase price of the vehicle at the end of the lease 
term;
(vii) Provide a benefit under a vehicle value protection 
agreement.
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(b) A motor vehicle ancillary product protection contract 
may, but is not required to, provide for incidental payment of 
indemnity under limited circumstances, including, without 
limitation, towing, rental, and emergency road services.
(c) "Motor vehicle ancillary product protection contract" 
does not include any of the following:
(i) A motor vehicle service contract;
(ii) A vehicle protection product warranty as defined in 
section 3905.421 of the Revised Code;
(iii) A home service contract as defined in section 
3905.422 of the Revised Code;
(iv) A consumer goods service contract as defined in 
section 3905.423 of the Revised Code;
(v) A contract for prepaid routine, scheduled maintenance 
only.
(4) (5) "Motor vehicle service contract" means a contract 
or agreement to perform or pay for the repair, replacement, or 
maintenance of a motor vehicle due to defect in materials or 
workmanship, normal wear and tear, mechanical or electrical 
breakdown, or failure of parts or equipment of a motor vehicle, 
with or without additional provisions for incidental payment of 
indemnity under limited circumstances, including, without 
limitation, towing, rental, and emergency road services, that is 
effective for a specified duration and paid for by means other 
than the purchase of a motor vehicle.
(5) (6) "Provider" means a person who is contractually 
obligated to a contract holder under the terms of a motor 
vehicle ancillary product protection contract.
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(6) (7) "Road hazard" means a condition that may cause 
damage or wear and tear to a tire or wheel on a public or 
private roadway, roadside, driveway, or parking lot or garage, 
including potholes, nails, glass, road debris, and curbs. "Road 
hazard" does not include fire, theft, vandalism or malicious 
mischief, or other perils normally covered by automobile 
physical damage insurance.
(7) (8) "Reimbursement insurance policy" means a policy of 
insurance issued by an insurer authorized or eligible to do 
business in this state to a provider to pay, on behalf of the 
provider in the event of the provider's nonperformance, all 
covered contractual obligations incurred by the provider under 
the terms and conditions of the motor vehicle ancillary product 
protection contract.
(8) (9) "Supplier" has the same meaning as in section 
1345.01 of the Revised Code.
(10) "Vehicle value protection agreement" includes a 
contractual agreement that provides a benefit towards either the 
reduction of some or all of the contract holder's current 
finance agreement deficiency balance, or towards the purchase or 
lease of a replacement motor vehicle or motor vehicle services, 
upon the occurrence of an adverse event to the motor vehicle, 
including loss, theft, damage, obsolescence, diminished value, 
or depreciation. "Vehicle value protection agreement" includes 
trade-in-credit agreements, diminished value agreements, 
depreciation benefit agreements, or other similar agreements. 
"Vehicle value protection agreement" does not include a debt 
suspension or debt cancellation product.
(B) All motor vehicle ancillary product protection 
contracts issued in this state shall be covered by a 
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reimbursement insurance policy.
(C) A motor vehicle ancillary product protection contract 
issued by a provider that is required to be covered by a 
reimbursement insurance policy under division (B) of this 
section shall conspicuously state all of the following:
(1) "This contract is not insurance and is not subject to 
the insurance laws of this state."
(2) That the obligations of the provider are guaranteed 
under a reimbursement insurance policy;
(3) That if a provider fails to perform or make payment 
due under the terms of the contract within sixty days after the 
contract holder requests performance or payment pursuant to the 
terms of the contract, the contract holder may request 
performance or payment directly from the provider's 
reimbursement insurance policy insurer, including any obligation 
in the contract by which the provider must refund the contract 
holder upon cancellation of a contract;
(4) The name, address, and telephone number of the 
provider's reimbursement insurance policy insurer.
(D) A motor vehicle ancillary product protection contract 
that includes repair or replacement of glass on a motor vehicle 
as provided in division (A)(3)(a)(i) (A)(4)(a)(i) of this 
section, shall conspicuously state: "This contract may provide a 
duplication of coverage already provided by your automobile 
physical damage insurance policy."
(E) A vehicle value protection agreement may be canceled 
by the contract holder within thirty days of the effective date 
of the agreement, and the contract holder shall be entitled to a 
full refund of the purchase price paid by the contract holder, 
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if any, so long as no benefits have been provided under the 
contract.
(F) A vehicle value protection agreement that, under the 
terms of the agreement, may be canceled by the contract holder 
more than thirty days after the effective date of the agreement 
must state the conditions under which it may be canceled, 
including the procedures for requesting any refund of the 
purchase price paid by the contract holder and the methodology 
for calculating any refund of the purchase price. 
(G) The contract provider of the vehicle value protection 
agreement shall mail a written notice to the contract holder at 
the last known address of the contract holder contained in the 
records of the contract provider at least five days prior to 
cancellation by the contract provider. Prior notice is not 
required if the reason for cancellation is nonpayment of the 
provider fee, a material misrepresentation by the contract 
holder to the contract provider or administrator, or a 
substantial breach of duties by the contract holder relating to 
the covered product or the use of the covered product. The 
notice shall state the effective date of the cancellation and 
the reason for the cancellation. If a vehicle value protection 
agreement is canceled by the contract provider for a reason 
other than nonpayment of the provider fee, the provider shall 
refund to the contract holder one hundred per cent of the 
unearned provider fee paid by the contract holder, if any. If 
coverage under the vehicle value protection agreement continues 
after a claim, then all claims paid may be deducted from any 
refund required by this division. A reasonable administrative 
fee of up to seventy-five dollars may be charged by the contract 
provider and deducted from any refund due under this division or 
division (F) of this section.
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(H) Any refund under divisions (E) and (F) of this section 
shall be paid to the seller or assignee of a retail installment 
contract or lease agreement unless otherwise agreed to by the 
contract holder and the seller or assignee.
(I) A reimbursement insurance policy that is required to 
be issued under this section shall contain:
(1) A statement that if a provider fails to perform or 
make payment due under the terms of the motor vehicle ancillary 
product protection contract within sixty days after the contract 
holder requests performance or payment pursuant to the terms of 
the contract, the contract holder may request performance or 
payment directly from the provider's reimbursement insurance 
policy insurer, including any obligation in the contract by 
which the provider must refund the contract holder upon 
cancellation of a contract.
(2) A statement that in the event of cancellation of the 
provider's reimbursement insurance policy, insurance coverage 
will continue for all contract holders whose motor vehicle 
ancillary product protection contracts were issued by the 
provider and reported to the insurer for coverage during the 
term of the reimbursement insurance policy.
(F) (J) The sale or issuance of a motor vehicle ancillary 
product protection contract is a consumer transaction for 
purposes of sections 1345.01 to 1345.13 of the Revised Code. The 
provider is the supplier and the contract holder is the consumer 
for purposes of those sections.
(G) (K) Unless issued by an insurer authorized or eligible 
to do business in this state, a motor vehicle ancillary product 
protection contract does not constitute a contract substantially 
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amounting to insurance, or the contract's issuance the business 
of insurance, under section 3905.42 of the Revised Code.
(H) (L) Unless issued by an insurer authorized or eligible 
to do business in this state, a contract identified in division 
(A)(3)(c)(i) (A)(4)(c)(i) or (v) of this section does not 
constitute a contract substantially amounting to insurance, or 
the contract's issuance the business of insurance, under section 
3905.42 of the Revised Code.
(I) (M) The rights of a contract holder against a 
provider's reimbursement insurance policy insurer as provided in 
this section apply only in regard to a reimbursement insurance 
policy issued under this section. This section does not create 
any contractual rights in favor of a person that does not 
qualify as an insured under any other type of insurance policy 
described in Title XXXIX of the Revised Code. This section does 
not prohibit the insurer of a provider's reimbursement insurance 
policy from assuming liability for contracts issued prior to the 
effective date of the policy or July 1, 2009.
(J) (N) A contract or agreement described in division (A)
(3)(a)(iv) of this section in which the provider is a tire 
manufacturer shall be exempt from the requirements of division 
(B) of this section if the contract or agreement conspicuously 
states all of the following:
(1) That the contract or agreement is not an insurance 
contract;
(2) That any covered obligations or claims under the 
contract or agreement are the responsibility of the provider;
(3) The name, address, and telephone number of any 
administrator responsible for the administration of the contract 
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or agreement, the provider obligated to perform under the 
contract or agreement, and the contract seller;
(4) The procedure for making a claim under the contract or 
agreement, including a toll-free telephone number for claims 
service and a procedure for obtaining emergency repairs or 
replacements performed outside normal business hours.
Sec. 4501.01. As used in this chapter and Chapters 4503., 
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of 
the Revised Code, and in the penal laws, except as otherwise 
provided:
(A) "Vehicles" means everything on wheels or runners, 
including motorized bicycles, but does not mean electric 
personal assistive mobility devices, low-speed micromobility 
devices, vehicles that are operated exclusively on rails or 
tracks or from overhead electric trolley wires, and vehicles 
that belong to any police department, municipal fire department, 
or volunteer fire department, or that are used by such a 
department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including mobile 
homes and recreational vehicles, that is propelled or drawn by 
power other than muscular power or power collected from overhead 
electric trolley wires. "Motor vehicle" does not include utility 
vehicles as defined in division (VV) of this section, under-
speed vehicles as defined in division (XX) of this section, 
mini-trucks as defined in division (BBB) of this section, 
motorized bicycles, electric bicycles, road rollers, traction 
engines, power shovels, power cranes, and other equipment used 
in construction work and not designed for or employed in general 
highway transportation, well-drilling machinery, ditch-digging 
machinery, farm machinery, and trailers that are designed and 
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used exclusively to transport a boat between a place of storage 
and a marina, or in and around a marina, when drawn or towed on 
a public road or highway for a distance of no more than ten 
miles and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any 
self-propelling vehicle that is designed or used for drawing 
other vehicles or wheeled machinery, but has no provisions for 
carrying loads independently of such other vehicles, and that is 
used principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division 
(C) of this section, means any motor vehicle that has motive 
power and either is designed or used for drawing other motor 
vehicles, or is designed or used for drawing another motor 
vehicle while carrying a portion of the other motor vehicle or 
its load, or both.
(E) "Passenger car" means any motor vehicle that is 
designed and used for carrying not more than nine persons and 
includes any motor vehicle that is designed and used for 
carrying not more than fifteen persons in a ridesharing 
arrangement.
(F) "Collector's vehicle" means any motor vehicle or 
agricultural tractor or traction engine that is of special 
interest, that has a fair market value of one hundred dollars or 
more, whether operable or not, and that is owned, operated, 
collected, preserved, restored, maintained, or used essentially 
as a collector's item, leisure pursuit, or investment, but not 
as the owner's principal means of transportation. "Licensed 
collector's vehicle" means a collector's vehicle, other than an 
agricultural tractor or traction engine, that displays current, 
valid license tags issued under section 4503.45 of the Revised 
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Code, or a similar type of motor vehicle that displays current, 
valid license tags issued under substantially equivalent 
provisions in the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle 
that is over twenty-five years old and is owned solely as a 
collector's item and for participation in club activities, 
exhibitions, tours, parades, and similar uses, but that in no 
event is used for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle, 
including a farm truck as defined in section 4503.04 of the 
Revised Code, that is designed by the manufacturer to carry a 
load of no more than one ton and is used exclusively for 
purposes other than engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power and 
is designed and used for carrying more than nine passengers, 
except any motor vehicle that is designed and used for carrying 
not more than fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" or "truck" means any motor vehicle 
that has motor power and is designed and used for carrying 
merchandise or freight, or that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a device that 
is designed solely for use as a play vehicle by a child, that is 
propelled solely by human power upon which a person may ride, 
and that has two or more wheels, any of which is more than 
fourteen inches in diameter.
(L) "Motorized bicycle" or "moped" means any vehicle that 
either has two tandem wheels or one wheel in the front and two 
wheels in the rear, that may be pedaled, and that is equipped 
with a helper motor of not more than fifty cubic centimeters 
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piston displacement that produces no more than one brake 
horsepower and is capable of propelling the vehicle at a speed 
of no greater than twenty miles per hour on a level surface. 
"Motorized bicycle" or "moped" does not include an electric 
bicycle.
(M) "Trailer" means any vehicle without motive power that 
is designed or used for carrying property or persons wholly on 
its own structure and for being drawn by a motor vehicle, and 
includes any such vehicle that is formed by or operated as a 
combination of a semitrailer and a vehicle of the dolly type 
such as that commonly known as a trailer dolly, a vehicle used 
to transport agricultural produce or agricultural production 
materials between a local place of storage or supply and the 
farm when drawn or towed on a public road or highway at a speed 
greater than twenty-five miles per hour, and a vehicle that is 
designed and used exclusively to transport a boat between a 
place of storage and a marina, or in and around a marina, when 
drawn or towed on a public road or highway for a distance of 
more than ten miles or at a speed of more than twenty-five miles 
per hour. "Trailer" does not include a manufactured home or 
travel trailer.
(N) "Noncommercial trailer" means any trailer, except a 
travel trailer or trailer that is used to transport a boat as 
described in division (B) of this section, but, where 
applicable, includes a vehicle that is used to transport a boat 
as described in division (M) of this section, that has a gross 
weight of no more than ten thousand pounds, and that is used 
exclusively for purposes other than engaging in business for a 
profit, such as the transportation of personal items for 
personal or recreational purposes.
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(O) "Mobile home" means a building unit or assembly of 
closed construction that is fabricated in an off-site facility, 
is more than thirty-five body feet in length or, when erected on 
site, is three hundred twenty or more square feet, is built on a 
permanent chassis, is transportable in one or more sections, and 
does not qualify as a manufactured home as defined in division 
(C)(4) of section 3781.06 of the Revised Code or as an 
industrialized unit as defined in division (C)(3) of section 
3781.06 of the Revised Code.
(P) "Semitrailer" means any vehicle of the trailer type 
that does not have motive power and is so designed or used with 
another and separate motor vehicle that in operation a part of 
its own weight or that of its load, or both, rests upon and is 
carried by the other vehicle furnishing the motive power for 
propelling itself and the vehicle referred to in this division, 
and includes, for the purpose only of registration and taxation 
under those chapters, any vehicle of the dolly type, such as a 
trailer dolly, that is designed or used for the conversion of a 
semitrailer into a trailer.
(Q) "Recreational vehicle" means a vehicular portable 
structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational 
travel.
(2) It is not used for the purpose of engaging in business 
for profit.
(3) It is not used for the purpose of engaging in 
intrastate commerce.
(4) It is not used for the purpose of commerce as defined 
in 49 C.F.R. 383.5, as amended.
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(5) It is not regulated by the public utilities commission 
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a) "Travel trailer" or "house vehicle" means a nonself-
propelled recreational vehicle that does not exceed an overall 
length of forty feet, exclusive of bumper and tongue or 
coupling. "Travel trailer" includes a tent-type fold-out camping 
trailer as defined in section 4517.01 of the Revised Code.
(b) "Motor home" means a self-propelled recreational 
vehicle that has no fifth wheel and is constructed with 
permanently installed facilities for cold storage, cooking and 
consuming of food, and for sleeping.
(c) "Truck camper" means a nonself-propelled recreational 
vehicle that does not have wheels for road use and is designed 
to be placed upon and attached to a motor vehicle. "Truck 
camper" does not include truck covers that consist of walls and 
a roof, but do not have floors and facilities enabling them to 
be used as a dwelling.
(d) "Fifth wheel trailer" means a vehicle that is of such 
size and weight as to be movable without a special highway 
permit, that is constructed with a raised forward section that 
allows a bi-level floor plan, and that is designed to be towed 
by a vehicle equipped with a fifth-wheel hitch ordinarily 
installed in the bed of a truck.
(e) "Park trailer" means a vehicle that is commonly known 
as a park model recreational vehicle, meets the American 
national standard institute standard A119.5 (1988) for park 
trailers, is built on a single chassis, has a gross trailer area 
of four hundred square feet or less when set up, is designed for 
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489 S. B. No. 65 Page 18
As Introduced
seasonal or temporary living quarters, and may be connected to 
utilities necessary for the operation of installed features and 
appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or 
tires of similar material, that are inflated with air.
(S) "Solid tires" means tires of rubber or similar elastic 
material that are not dependent upon confined air for support of 
the load.
(T) "Solid tire vehicle" means any vehicle that is 
equipped with two or more solid tires.
(U) "Farm machinery" means all machines and tools that are 
used in the production, harvesting, and care of farm products, 
and includes trailers that are used to transport agricultural 
produce or agricultural production materials between a local 
place of storage or supply and the farm, agricultural tractors, 
threshing machinery, hay-baling machinery, corn shellers, 
hammermills, and machinery used in the production of 
horticultural, agricultural, and vegetable products.
(V) "Owner" includes any person or firm, other than a 
manufacturer or dealer, that has title to a motor vehicle, 
except that, in sections 4505.01 to 4505.19 of the Revised Code, 
"owner" includes in addition manufacturers and dealers.
(W) "Manufacturer" and "dealer" include all persons and 
firms that are regularly engaged in the business of 
manufacturing, selling, displaying, offering for sale, or 
dealing in motor vehicles, at an established place of business 
that is used exclusively for the purpose of manufacturing, 
selling, displaying, offering for sale, or dealing in motor 
vehicles. A place of business that is used for manufacturing, 
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As Introduced
selling, displaying, offering for sale, or dealing in motor 
vehicles shall be deemed to be used exclusively for those 
purposes even though snowmobiles or all-purpose vehicles are 
sold or displayed for sale thereat, even though farm machinery 
is sold or displayed for sale thereat, or even though repair, 
accessory, gasoline and oil, storage, parts, service, or paint 
departments are maintained thereat, or, in any county having a 
population of less than seventy-five thousand at the last 
federal census, even though a department in a place of business 
is used to dismantle, salvage, or rebuild motor vehicles by 
means of used parts, if such departments are operated for the 
purpose of furthering and assisting in the business of 
manufacturing, selling, displaying, offering for sale, or 
dealing in motor vehicles. Places of business or departments in 
a place of business used to dismantle, salvage, or rebuild motor 
vehicles by means of using used parts are not considered as 
being maintained for the purpose of assisting or furthering the 
manufacturing, selling, displaying, and offering for sale or 
dealing in motor vehicles. 
(X) "Operator" includes any person who drives or operates 
a motor vehicle upon the public highways.
(Y) "Chauffeur" means any operator who operates a motor 
vehicle, other than a taxicab, as an employee for hire; or any 
operator whether or not the owner of a motor vehicle, other than 
a taxicab, who operates such vehicle for transporting, for gain, 
compensation, or profit, either persons or property owned by 
another. Any operator of a motor vehicle who is voluntarily 
involved in a ridesharing arrangement is not considered an 
employee for hire or operating such vehicle for gain, 
compensation, or profit.
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(Z) "State" includes the territories and federal districts 
of the United States, and the provinces of Canada.
(AA) "Public roads and highways" for vehicles includes all 
public thoroughfares, bridges, and culverts.
(BB) "Manufacturer's number" means the manufacturer's 
original serial number that is affixed to or imprinted upon the 
chassis or other part of the motor vehicle.
(CC) "Motor number" means the manufacturer's original 
number that is affixed to or imprinted upon the engine or motor 
of the vehicle.
(DD) "Distributor" means any person who is authorized by a 
motor vehicle manufacturer to distribute new motor vehicles to 
licensed motor vehicle dealers at an established place of 
business that is used exclusively for the purpose of 
distributing new motor vehicles to licensed motor vehicle 
dealers, except when the distributor also is a new motor vehicle 
dealer, in which case the distributor may distribute at the 
location of the distributor's licensed dealership.
(EE) "Ridesharing arrangement" means the transportation of 
persons in a motor vehicle where the transportation is 
incidental to another purpose of a volunteer driver and includes 
ridesharing arrangements known as carpools, vanpools, and 
buspools.
(FF) "Apportionable vehicle" means any vehicle that is 
used or intended for use in two or more international 
registration plan member jurisdictions that allocate or 
proportionally register vehicles, that is used for the 
transportation of persons for hire or designed, used, or 
maintained primarily for the transportation of property, and 
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As Introduced
that meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 
excess of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless 
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight 
in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational 
vehicles, vehicles displaying restricted plates, city pick-up 
and delivery vehicles, or vehicles owned and operated by the 
United States, this state, or any political subdivisions 
thereof.
(GG) "Chartered party" means a group of persons who 
contract as a group to acquire the exclusive use of a passenger-
carrying motor vehicle at a fixed charge for the vehicle in 
accordance with the carrier's tariff, lawfully on file with the 
United States department of transportation, for the purpose of 
group travel to a specified destination or for a particular 
itinerary, either agreed upon in advance or modified by the 
chartered group after having left the place of origin.
(HH) "International registration plan" means a reciprocal 
agreement of member jurisdictions that is endorsed by the 
American association of motor vehicle administrators, and that 
promotes and encourages the fullest possible use of the highway 
system by authorizing apportioned registration of fleets of 
vehicles and recognizing registration of vehicles apportioned in 
member jurisdictions.
(II) "Restricted plate" means a license plate that has a 
restriction of time, geographic area, mileage, or commodity, and 
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As Introduced
includes license plates issued to farm trucks under division (J) 
of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial 
car, trailer, semitrailer, or bus that is taxed at the rates 
established under section 4503.042 or 4503.65 of the Revised 
Code, means the unladen weight of the vehicle fully equipped 
plus the maximum weight of the load to be carried on the 
vehicle.
(KK) "Combined gross vehicle weight" with regard to any 
combination of a commercial car, trailer, and semitrailer, that 
is taxed at the rates established under section 4503.042 or 
4503.65 of the Revised Code, means the total unladen weight of 
the combination of vehicles fully equipped plus the maximum 
weight of the load to be carried on that combination of 
vehicles.
(LL) "Chauffeured limousine" means a motor vehicle that is 
designed to carry nine or fewer passengers and is operated for 
hire pursuant to a prearranged contract for the transportation 
of passengers on public roads and highways along a route under 
the control of the person hiring the vehicle and not over a 
defined and regular route. "Prearranged contract" means an 
agreement, made in advance of boarding, to provide 
transportation from a specific location in a chauffeured 
limousine. "Chauffeured limousine" does not include any vehicle 
that is used exclusively in the business of funeral directing.
(MM) "Manufactured home" has the same meaning as in 
division (C)(4) of section 3781.06 of the Revised Code.
(NN) "Acquired situs," with respect to a manufactured home 
or a mobile home, means to become located in this state by the 
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As Introduced
placement of the home on real property, but does not include the 
placement of a manufactured home or a mobile home in the 
inventory of a new motor vehicle dealer or the inventory of a 
manufacturer, remanufacturer, or distributor of manufactured or 
mobile homes.
(OO) "Electronic" includes electrical, digital, magnetic, 
optical, electromagnetic, or any other form of technology that 
entails capabilities similar to these technologies.
(PP) "Electronic record" means a record generated, 
communicated, received, or stored by electronic means for use in 
an information system or for transmission from one information 
system to another.
(QQ) "Electronic signature" means a signature in 
electronic form attached to or logically associated with an 
electronic record.
(RR) "Financial transaction device" has the same meaning 
as in division (A) of section 113.40 of the Revised Code.
(SS) "Electronic motor vehicle dealer" means a motor 
vehicle dealer licensed under Chapter 4517. of the Revised Code 
whom the registrar of motor vehicles determines meets the 
criteria designated in section 4503.035 of the Revised Code for 
electronic motor vehicle dealers and designates as an electronic 
motor vehicle dealer under that section.
(TT) "Electric personal assistive mobility device" means a 
self-balancing two non-tandem wheeled device that is designed to 
transport only one person, has an electric propulsion system of 
an average of seven hundred fifty watts, and when ridden on a 
paved level surface by an operator who weighs one hundred 
seventy pounds has a maximum speed of less than twenty miles per 
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As Introduced
hour.
(UU) "Limited driving privileges" means the privilege to 
operate a motor vehicle that a court grants under section 
4510.021 of the Revised Code to a person whose driver's or 
commercial driver's license or permit or nonresident operating 
privilege has been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle 
designed with a bed, principally for the purpose of transporting 
material or cargo in connection with construction, agricultural, 
forestry, grounds maintenance, lawn and garden, materials 
handling, or similar activities.
(WW) "Low-speed vehicle" means a three- or four-wheeled 
motor vehicle with an attainable speed in one mile on a paved 
level surface of more than twenty miles per hour but not more 
than twenty-five miles per hour and with a gross vehicle weight 
rating less than three thousand pounds.
(XX) "Under-speed vehicle" means a three- or four-wheeled 
vehicle, including a vehicle commonly known as a golf cart, with 
an attainable speed on a paved level surface of not more than 
twenty miles per hour and with a gross vehicle weight rating 
less than three thousand pounds.
(YY) "Motor-driven cycle or motor scooter" means any 
vehicle designed to travel on not more than three wheels in 
contact with the ground, with a seat for the driver and floor 
pad for the driver's feet, and is equipped with a motor with a 
piston displacement between fifty and one hundred cubic 
centimeters piston displacement that produces not more than five 
brake horsepower and is capable of propelling the vehicle at a 
speed greater than twenty miles per hour on a level surface.
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As Introduced
(ZZ) "Motorcycle" means a motor vehicle with motive power 
having a seat or saddle for the use of the operator, designed to 
travel on not more than three wheels in contact with the ground, 
and having no occupant compartment top or occupant compartment 
top that can be installed or removed by the user.
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with 
motive power having a seat or saddle for the use of the 
operator, designed to travel on not more than three wheels in 
contact with the ground, and having an occupant compartment top 
or an occupant compartment top that is installed.
(BBB) "Mini-truck" means a vehicle that has four wheels, 
is propelled by an electric motor with a rated power of seven 
thousand five hundred watts or less or an internal combustion 
engine with a piston displacement capacity of six hundred sixty 
cubic centimeters or less, has a total dry weight of nine 
hundred to two thousand two hundred pounds, contains an enclosed 
cabin and a seat for the vehicle operator, resembles a pickup 
truck or van with a cargo area or bed located at the rear of the 
vehicle, and was not originally manufactured to meet federal 
motor vehicle safety standards.
(CCC) "Autocycle" means a three-wheeled motorcycle that is 
manufactured to comply with federal safety requirements for 
motorcycles and that is equipped with safety belts, a steering 
wheel, and seating that does not require the operator to 
straddle or sit astride to ride the motorcycle.
(DDD) "Plug-in hybrid electric motor vehicle" means a 
passenger car powered in part by a battery cell energy system 
that can be recharged via an external source of electricity.
(EEE) "Hybrid motor vehicle" means a passenger car powered 
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As Introduced
by an internal propulsion system consisting of both of the 
following:
(1) A combustion engine;
(2) A battery cell energy system that cannot be recharged 
via an external source of electricity but can be recharged by 
other vehicle mechanisms that capture and store electric energy.
(FFF) "Low-speed micromobility device" means a device 
weighing less than one hundred pounds that has handlebars, is 
propelled by an electric motor or human power, and has an 
attainable speed on a paved level surface of not more than 
twenty miles per hour when propelled by the electric motor.
(GGG) "Specialty license plate" means a license plate, 
authorized by the general assembly, that displays a combination 
of words, markings, logos, or other graphic artwork that is in 
addition to the words, images, and distinctive numbers and 
letters required by section 4503.22 of the Revised Code. 
(HHH) "Battery electric motor vehicle" means a passenger 
car powered wholly by a battery cell energy system that can be 
recharged via an external source of electricity.
(III) "Adaptive mobility vehicle" means either a new 
passenger car or bus purchased from a new motor vehicle dealer 
or a used passenger car or bus, provided that such passenger car 
or bus is designed, modified, or equipped to enable an 
individual with a disability to operate or to be transported in 
the passenger car or bus, in accordance with 49 C.F.R. part 568 
or 595, and contains at least one of the following:
(1) An electronic or mechanical lift that enables a person 
to enter or exit the motor vehicle while occupying a wheelchair 
or scooter;
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751 S. B. No. 65 Page 27
As Introduced
(2) An electronic or mechanical wheelchair ramp;
(3) A system to secure a wheelchair or scooter in order to 
allow a person to operate or be transported safely while 
occupying that wheelchair or scooter.
(JJJ) "Replica motor vehicle" means a motor vehicle that 
is constructed, assembled, or modified so as to replicate the 
make, model, and model year of a motor vehicle that is at least 
twenty-five years old.
Sec. 4503.183.  	(A) No person shall use a replica motor  
vehicle for general transportation. However, a person may 
operate a replica motor vehicle registered under this section on 
the public roads and highways as follows:
(1) For club activities, exhibitions, tours, parades, and 
similar uses;
(2) To and from a location where maintenance is performed 
on the replica motor vehicle.
(B) In lieu of the annual license tax levied in sections 
4503.02 and 4503.04 of the Revised Code, the registrar of motor 
vehicles or a deputy registrar shall collect a license fee of 
ten dollars for the registration of a replica motor vehicle 
under this section. The fee shall be deposited into the public 
safety - highway purposes fund established in section 4501.06 of 
the Revised Code.
(C) A person who owns a replica motor vehicle and applies 
for registration and a replica license plate under this section 
shall execute an affidavit that the replica motor vehicle for 
which the plate is requested is owned and operated solely for 
the purposes enumerated in division (A) of this section. The 
affidavit also shall set forth that the replica motor vehicle 
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780 S. B. No. 65 Page 28
As Introduced
has been inspected and found safe to operate on the public roads 
and highways in the state. No registration issued pursuant to 
this section need specify the weight of the replica motor 
vehicle.
(D) The owner of a replica motor vehicle registered under 
this section shall display in plain view on the rear of the 
replica motor vehicle a replica license plate issued by the 
registrar. A replica license plate shall not display a date, but 
shall display the inscription "Replica Motor Vehicle--Ohio" and 
the registration number assigned to that replica motor vehicle.
(E) A replica license plate is valid without renewal as 
long as the replica motor vehicle for which it was issued or 
procured is in existence. A replica license plate is issued for 
the owner's use only for such replica motor vehicle unless later 
transferred to another replica motor vehicle owned by that 
person. In order to effect such a transfer, the owner of the 
replica motor vehicle that originally displayed the replica 
license plate shall comply with division (C) of this section. In 
the event of a transfer of title, the transferor shall surrender 
the replica license plate or transfer it to another replica 
motor vehicle owned by the transferor. The registrar may revoke 
any replica license plate issued under this section, for cause 
shown and after a hearing, for failure of the applicant to 
comply with this section. Upon revocation, a replica license 
plate shall be surrendered.
Sec. 4503.21. (A)(1) NoSubject to section 4503.211 of the 
Revised Code, no person who is the owner or operator of a motor 
vehicle shall fail to display in plain view on the rear of the 
motor vehicle a license plate that displays the distinctive 
number and registration mark assigned to the motor vehicle by 
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810 S. B. No. 65 Page 29
As Introduced
the director of public safety, including any county 
identification sticker and any validation sticker when required 
by and issued under sections 4503.19 and 4503.191 of the Revised 
Code. However, a commercial tractor shall display the license 
plate on the front of the commercial tractor.
(2) The license plate shall be securely fastened so as not 
to swing, and shall not be covered by any material that 
obstructs its visibility.
(3) No person to whom a temporary motor vehicle license 
registration has been issued for the use of a motor vehicle 
under section 4503.182 of the Revised Code, and no operator of 
that motor vehicle, shall fail to display the temporary motor 
vehicle license registration in plain view from the rear of the 
vehicle either in the rear window or on an external rear surface 
of the motor vehicle. 
(4) No person shall cover a temporary motor vehicle 
license registration by any material that obstructs its 
visibility.
(B) Whoever violates this section is guilty of a minor 
misdemeanor.
(C) The offenses established under division (A) of 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.
Sec. 4503.211.  	(A) As used in this section: 
(1) "Motor vehicle renting dealer" means any person 
engaged in the business of regularly making available, offering 
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As Introduced
to make available, or arranging for another person to use a 
motor vehicle pursuant to a bailment, rental agreement, or other 
contractual arrangement for a period of thirty days or less 
under which a charge is made for the motor vehicle's use at a 
specified rate and the title to the motor vehicle is in a person 
other than the operator, but does not mean a manufacturer or its 
affiliate renting to its employees or to dealers.
(2) "Operator" means a person driving or otherwise in 
control of a motor vehicle.
(3) "Registered owner" means any person or entity 
identified by the bureau of motor vehicles or any other state 
motor vehicle registration bureau, department, or office as the 
owner of a motor vehicle.
(B) No operator shall be charged with or convicted of a 
violation of section 4503.21 of the Revised Code when operating 
a motor vehicle on a public highway when all of the following 
apply:
(1) The operator has a valid written rental agreement with 
a motor vehicle renting dealer and such agreement is in effect 
at the time of the offense described in section 4503.21 of the 
Revised Code.
(2) At the time of the offense, the operator provides the 
valid written agreement to the peace officer or state highway 
patrol officer enforcing the prohibition.
(3) The operator has not removed, concealed, or modified 
the license plate or validation sticker as placed or attached by 
the motor vehicle renting dealer or its affiliate.
(C) If divisions (B)(1) and (3) of this section apply, but 
the operator is unable to produce a valid written agreement at 
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868 S. B. No. 65 Page 31
As Introduced
the time of the offense, the operator may submit a copy of the 
valid written agreement to the court at any time before or 
during the operator's court hearing. If such agreement is 
presented to the court, the court shall dismiss any ticket, 
citation, or summons issued to the operator for the offense.
(D) If division (B) or (C) of this section applies, the 
registered owner of the motor vehicle that was the subject of a 
violation of section 4503.21 of the Revised Code is solely 
liable for any fees, fines, or penalties for the violation.
Sec. 4505.072.  	(A) The owner of a motor vehicle seeking to  
obtain a certificate of title indicating that the motor vehicle 
is a replica motor vehicle shall do all of the following:
(1) Have that motor vehicle inspected by the state highway 
patrol in the manner specified in section 4505.111 of the 
Revised Code and obtain an inspection report from the state 
highway patrol;
(2) Obtain a signed written statement from a person or 
nonprofit corporation with expertise in historical motor 
vehicles that the owner's motor vehicle reasonably replicates 
the make, model, and model year of motor vehicle that the owner 
is intending to replicate;
(3) Sign the written statement and have it notarized by a 
notary public.
(B) When a clerk of a court of common pleas issues a 
physical or electronic certificate of title for a motor vehicle, 
the owner of the motor vehicle may request that the certificate 
of title indicate that the motor vehicle is a replica motor 
vehicle.
When a clerk of a court of common pleas issues a duplicate 
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As Introduced
certificate of title or memorandum certificate of title for a 
replica motor vehicle, that certificate of title shall be 
identical to the existing certificate of title.
Prior to issuance of the certificate of title, the owner 
of the replica motor vehicle shall surrender to the clerk any 
existing certificate of title, a copy of the inspection report, 
and the signed notarized written statement described in division 
(A) of this section.
(C)(1) Upon compliance with divisions (A) and (B) of this 
section and payment of the fee prescribed in section 4505.09 of 
the Revised Code, the clerk shall issue to the owner a 
certificate of title that complies with this section.
(2) The clerk shall use reasonable care in performing the 
duties imposed on the clerk by this section in issuing a 
certificate of title pursuant to this section, but the clerk is 
not liable for any of the clerk's errors or omissions or those 
of the clerk's deputies, or the automated title processing 
system in the performance of those duties.
(D)(1) The registrar of motor vehicles shall ensure that 
the certificate of title of a replica motor vehicle issued under 
this section complies with all of the following:
(a) It is in the same form as the original certificate of 
title.
(b) It displays the word "REPLICA" in black boldface 
letters on its face.
(c) It includes the make, model, and model year of motor 
vehicle that the owner is intending the motor vehicle to 
replicate.
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As Introduced
(d) It includes the year the replica motor vehicle was 
constructed, assembled, or modified.
(2) The registrar shall determine the exact location on 
the face of the certificate of title of the word "REPLICA," the 
make, model, and model year of motor vehicle the owner is 
intending to replicate, and the year the replica motor vehicle 
was constructed, assembled, or modified. The registrar shall 
develop an automated procedure within the automated title 
processing system for purposes of this section.
(3) Every memorandum certificate of title or duplicate 
certificate of title issued for a replica motor vehicle for 
which a certificate of title has been issued under this section 
shall display the same information as is required under division 
(D)(1) of this section.
Any subsequent certificate of title issued for a replica 
motor vehicle for which a certificate of title has been issued 
under this section shall display the same information as is 
required under division (D)(1) of this section.
(E)(1) The owner of a replica motor vehicle who titles 
that vehicle as a replica motor vehicle under this section shall 
obtain replica license plates and comply with the requirements 
of section 4503.183 of the Revised Code. 
(2) The owner of a replica motor vehicle who does not 
title that motor vehicle as a replica motor vehicle under this 
section is not required to obtain replica motor vehicle license 
plates and comply with the requirements of section 4503.183 of 
the Revised Code. Such an owner is subject to the general 
registration requirements of Chapter 4503., the titling 
requirements of Chapter 4505., and the equipment requirements of 
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954 S. B. No. 65 Page 34
As Introduced
Chapter 4513. of the Revised Code.
Sec. 4505.08. (A) When the clerk of a court of common 
pleas issues a physical certificate of title, the clerk shall 
issue the certificate of title on a form and in a manner 
prescribed by the registrar of motor vehicles. The clerk shall 
file a copy of the physical evidence for the creation of the 
certificate of title in a manner prescribed by the registrar. A 
clerk may retain digital images of documents used as evidence 
for issuance of a certificate of title. Certified printouts of 
documents retained as digital images shall have the same 
evidentiary value as the original physical documents. The record 
of the issuance of the certificate of title shall be maintained 
in the automated title processing system. The clerk shall sign 
and affix the clerk's seal to the original certificate of title 
and, if there are no liens on the motor vehicle, shall deliver 
the certificate to the applicant or the selling dealer. If there 
are one or more liens on the motor vehicle, the certificate of 
title shall be delivered to the holder of the first lien or the 
selling dealer, who shall deliver the certificate of title to 
the holder of the first lien. 
The registrar shall prescribe a uniform method of 
numbering certificates of title, and such numbering shall be in 
such manner that the county of issuance is indicated. The clerk 
shall assign numbers to certificates of title in the manner 
prescribed by the registrar. The clerk shall file all 
certificates of title according to rules to be prescribed by the 
registrar, and the clerk shall maintain in the clerk's office 
indexes for the certificates of title.
The clerk need not retain on file any current certificates 
of title, current duplicate certificates of title, current 
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984 S. B. No. 65 Page 35
As Introduced
memorandum certificates of title, or current salvage 
certificates of title, or supporting evidence of them covering 
any motor vehicle or manufactured or mobile home for a period 
longer than seven years after the date of its filing; 
thereafter, the documents and supporting evidence may be 
destroyed. The clerk need not retain on file any inactive 
records, including certificates of title, duplicate certificates 
of title, or memorandum certificates of title, or supporting 
evidence of them, including the electronic record described in 
division (A) of section 4505.06 of the Revised Code, covering 
any motor vehicle or manufactured or mobile home for a period 
longer than five years after the date of its filing; thereafter, 
the documents and supporting evidence may be destroyed.
The automated title processing system shall contain all 
active records and an index of the active records, a record and 
index of all inactive titles for ten years, and a record and 
index of all inactive titles for manufactured and mobile homes 
for thirty years. If the clerk provides a written copy of any 
information contained in the database, the copy shall be 
considered the original for purposes of the clerk certifying the 
record of the information for use in any legal proceeding.
(B)(1) If the clerk issues a certificate of title for a 
motor vehicle that was last previously registered in another 
state, the clerk shall record verbatim, where practicable, in 
the space on the title described in division (B)(19) of section 
4505.07 of the Revised Code, the words that appear as a notation 
to the vehicle on the title issued by the previous state. These 
notations may include, but are not limited to, words to the 
effect that the vehicle was considered or was categorized by the 
state in which it was last previously registered to be a law 
enforcement vehicle or a taxicab or was once in a flood.
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As Introduced
(2) If the clerk, while issuing a certificate of title for 
a motor vehicle that was last previously registered in another 
state, receives information from the automated title processing 
system indicating that a title to the vehicle previously was 
issued by this state and that the previous title contained 
notations that appeared in the space described in division (B)
(19) or (20) of section 4505.07 of the Revised Code, the clerk 
shall enter the notations that appeared on the previous 
certificate of title issued by this state on the new certificate 
of title in the space described in division (B)(19) or (20) of 
section 4505.07 of the Revised Code, irrespective of whether the 
notations appear on the certificate of title issued by the state 
in which the vehicle was last previously registered.
(3) If the clerk, while issuing a certificate of title for 
a motor vehicle that was last previously registered in another 
state, receives information from the automated title processing 
system indicating that the vehicle was previously issued a title 
by this state and that the previous title bore the notation 
"REBUILT SALVAGE" as required by division (E) of section 4505.11 
of the Revised Code, or the previous title to the vehicle issued 
by this state was a salvage certificate of title, the clerk 
shall cause the certificate of title the clerk issues to bear 
the notation "REBUILT SALVAGE" in the location prescribed by the 
registrar pursuant to that division.
(4) If the clerk, while issuing a certificate of title for 
a motor vehicle that was last previously registered in another 
state, receives information from the automated title processing 
system indicating that the vehicle was previously issued a title 
by this state and that the previous title included the notation 
"REPLICA" in accordance with section 4505.072 of the Revised 
Code, or the previous title to the vehicle issued by another 
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1046 S. B. No. 65 Page 37
As Introduced
state indicates that the vehicle is a replica motor vehicle, the 
clerk shall cause the certificate of title the clerk issues to 
display the notation "REPLICA" in the location prescribed by the 
registrar pursuant to that section.
(C) When the clerk issues a certificate of title for a 
motor vehicle that was last previously registered in this state 
and was a law enforcement vehicle or a taxicab or was once in a 
flood, the clerk shall record that information in the space on 
the title described in division (B)(20) of section 4505.07 of 
the Revised Code. The registrar, by rule, may prescribe any 
additional uses of or happenings to a motor vehicle that the 
registrar has reason to believe should be noted on the 
certificate of title as provided in this division.
(D) The clerk shall use reasonable care in recording or 
entering onto titles the clerk issues any notation and 
information the clerk is required by divisions (B) and (C) of 
this section to record or enter and in causing the titles the 
clerk issues to bear any notation required by those divisions, 
but the clerk is not liable for any of the clerk's errors or 
omissions or those of the clerk's deputies, or the automated 
title processing system, in the performance of the duties 
imposed on the clerk by this section.
(E) The clerk may issue a duplicate title, when duly 
applied for, of any title that has been destroyed as herein 
provided.
(F) Except as provided in section 4505.021 of the Revised 
Code, the clerk shall issue a physical certificate of title to 
an applicant unless the applicant specifically requests the 
clerk not to issue a physical certificate of title and instead 
to issue an electronic certificate of title. The fact that a 
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1076 S. B. No. 65 Page 38
As Introduced
physical certificate of title is not issued for a motor vehicle 
does not affect ownership of the vehicle. In that case, when the 
clerk completes the process of entering certificate of title 
application information into the automated title processing 
system, the effect of the completion of the process is the same 
as if the clerk actually issued a physical certificate of title 
for the motor vehicle.
(G) An electronic motor vehicle dealer who applies for a 
certificate of title on behalf of a customer who purchases a 
motor vehicle from the dealer may print a non-negotiable 
evidence of ownership for the customer if the customer so 
requests. The authorization to print the non-negotiable evidence 
of ownership shall come from the clerk with whom the dealer 
makes application for the certificate of title for the customer, 
but the printing by the dealer does not create an agency 
relationship of any kind between the dealer and the clerk.
(H) The owner of a motor vehicle may apply at any time to 
a clerk of a court of common pleas for a non-negotiable evidence 
of ownership for the motor vehicle.
(I) In accordance with rules adopted by the registrar, a 
clerk may issue a certificate of title applied for by an agent 
of a licensed motor vehicle dealer when that agent has a 
properly executed power of attorney from the dealer.
Sec. 4509.06. (A) The driver of any motor vehicle which 
Any person who is in any manner involved in a motor vehicle 
accident within six months of the accident , including as the 
driver of a motor vehicle, the owner of property, or any person 
sustaining bodily injury or property damage, may, within six 
months after the accident, forward a written report of the 
accident to the registrar of motor vehicles on a form prescribed 
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1106 S. B. No. 65 Page 39
As Introduced
by the registrar alleging that a driver or owner of any other 
vehicle involved in the accident was uninsured at the time of 
the accident. 
(B) Upon receipt of the accident report, the registrar 
shall send a notice by regular mail to the driver and owner 
alleged to be uninsured requiring the person to give evidence 
that the person had proof of financial responsibility in effect 
at the time of the accident.
(C) Within thirty days after the mailing of the notice by 
the registrar, the driver of the vehicle alleged to be uninsured 
shall forward a report together with acceptable proof of 
financial responsibility to the registrar in a form prescribed 
by the registrar. The forwarding of the report by the owner of 
the motor vehicle involved in the accident is deemed compliance 
with this section by the driver. This section does not change or 
modify the duties of the driver or operator of a motor vehicle 
as set forth in section 4549.02 of the Revised Code.
Sec. 4509.70. (A) After consultation with the insurance 
companies authorized to issue automobile liability or physical 
damage policies, or both, in this state, the superintendent of 
insurance shall approve a reasonable plan, fair and equitable to 
the insurers and to their policyholders, for the apportionment 
among such companies of applicants for such policies and for 
motor-vehicle liability policies who are in good faith entitled 
to but are unable to procure such policies through ordinary 
methods. When any such plan has been approved by the 
superintendent, all such insurance companies shall subscribe and 
participate. Any applicant for such policy, any person insured 
under such plan of operation, and any insurance company 
affected, may appeal to the superintendent of insurance from any 
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1136 S. B. No. 65 Page 40
As Introduced
ruling or decision of the manager or committee designated in the 
plan to operate the assigned risk insurance plan. Any order or 
act of the superintendent under this section is subject to 
review as provided in sections 119.01 to 119.13 of the Revised 
Code, at the instance of any party in interest. 
(B) The plan described in division (A) of this section may 
permit the assigned risk insurance plan to directly issue and 
process claims arising from such policies described in division 
(A) of this section to applicants of automobile insurance 
policies who are in good faith entitled to but are unable to 
procure such policies through ordinary methods. 
(C) Every form of a policy, endorsement, rider, manual of 
classifications, rules, and rates, every rating plan, and every 
modification of any of them proposed to be used by the assigned 
risk insurance plan shall be filed, or the plan may satisfy its 
obligation to make such filings, as described in section 3937.03 
of the Revised Code. 
(D) Any automobile insurance policy issued by the assigned 
risk insurance plan under division (B) of this section: 
(1) Shall be recognized as if issued by an insurance 
company authorized to do business in this state; 
(2) Shall meet all requirements of proof of financial 
responsibility as described in division (K) of section 4509.01 
of the Revised Code. 
(E) Proof of financial responsibility provided by the 
assigned risk insurance plan to an automobile insurance 
policyholder that meets the requirements described in division 
(G)(1)(a) or (b) of section 4509.101 of the Revised Code shall 
be recognized as if issued by an insurance company authorized to 
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1165 S. B. No. 65 Page 41
As Introduced
do business in this state to demonstrate proof of financial 
responsibility under section 4509.101 of the Revised Code. 
(F) The assigned risk insurance plan designated in 
division (A) of this section shall do both of the following: 
(1) Make annual audited financial reports available to the 
superintendent of insurance promptly upon the completion of such 
audit; 
(2) Upon reasonable notice, make available to the 
superintendent of insurance all books and records relating to 
the insurance transactions of the assigned risk insurance plan. 
(G)(1) Except as provided in division (G)(2) of this 
section, records created, held by, or pertaining to the assigned 
risk insurance plan are not public records under section 149.43 
of the Revised Code, are confidential, and are not subject to 
inspection or disclosure. 
(2) Division (G)(1) of this section does not apply to the 
plan of operation and other information required to be filed 
under this section with the superintendent unless otherwise 
prohibited from release by law. 
(H)(1) For the purposes of division (H) of this section, 
"insurance agent" has the same meaning as in section 3905.01 of 
the Revised Code.
(2) Provided that the assigned risk insurance plan 
establishes registration procedures for insurance agents under 
division (H)(3) of this section, the plan shall not accept an 
application for an automobile insurance policy issued under 
division (B) of this section unless that application is 
submitted through an insurance agent registered in accordance 
with those procedures.
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1194 S. B. No. 65 Page 42
As Introduced
(3) The plan may do all of the following:
(a) Establish procedures to register insurance agents;
(b) Establish separate registrations for commercial and 
personal insurance agents, or one registration for both;
(c) Empower the manager of the plan to make determinations 
on registration status, including by revoking an insurance 
agent's registration.
(4) If an insurance agent is denied registration with the 
plan, or the insurance agent's registration is revoked, the plan 
may notify the superintendent of the plan's decision. The plan 
and manager are immune from civil liability for any decision to 
deny or revoke registration and from any decision to report 
denials or revocations to the superintendent.
(5) All insurance agents submitting applications to the 
plan for automobile insurance coverage have an affirmative duty 
to ensure that all information included in the application and 
any supporting materials is true and accurate.
(6)(a) An insurance agent shall not submit an application 
to the plan for automobile insurance coverage unless the agent 
exercises due diligence in confirming that the person seeking 
insurance is unable to obtain coverage through an insurer 
authorized to do business in this state.
(b) For the purposes of this section, due diligence 
requires an insurance agent to contact at least five of the 
authorized insurers the agent represents or, if the agent does 
not represent five authorized insurers that customarily write 
automobile insurance coverage, as many of such insurers as the 
agent represents.
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1222 S. B. No. 65 Page 43
As Introduced
(c) An insurance agent may assume that insurance coverage 
cannot be procured for the applicant through ordinary methods 
after each insurer contacted under division (H)(6)(b) of this 
section declines to provide coverage.
(d) An insurance agent may assume that an authorized 
insurer declines to provide coverage to the applicant seeking 
insurance upon either of the following:
(i) Receiving notice from the insurer declining coverage;
(ii) Receiving no response from the insurer within ten 
days after the date the insurance agent initially makes contact 
with the insurer.
(e) The determination of whether an insurance agent has 
adequately complied with the due diligence requirements is at 
the discretion of the manager of the plan.
(f) An agent shall not submit an application on behalf of 
an applicant to the plan for any automobile insurance policy if 
any insurer admitted, authorized, or otherwise eligible to do 
business in this state has in any way communicated a willingness 
to insure the applicant, even if coverage provided by the plan 
costs less than other insurers.
(g) The manager of the plan may revoke the registration of 
an insurance agent who fails to comply with division (H)(6) of 
this section.
Sec. 4513.071. (A) Every motor vehicle, trailer, 
semitrailer, and pole trailer when operated upon a highway shall 
be equipped with two or more stop lights, except that passenger 
cars manufactured or assembled prior to January 1, 1967, 
motorcycles, and motor-driven cycles shall be equipped with at 
least one stop light. Stop lights shall be mounted on the rear 
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1251 S. B. No. 65 Page 44
As Introduced
of the vehicle, actuated upon application of the service brake, 
and may be incorporated with other rear lights. Such stop lights 
when actuated shall emit a red light visible from a distance of 
five hundred feet to the rear, provided that in the case of a 
train of vehicles only the stop lights on the rear-most vehicle 
need be visible from the distance specified.
Such stop lights when actuated shall give a steady warning 
light to the rear of a vehicle or train of vehicles to indicate 
the intention of the operator to diminish the speed of or stop a 
vehicle or train of vehicles.
When stop lights are used as required by this section, 
they shall be constructed or installed so as to provide adequate 
and reliable illumination and shall conform to the appropriate 
rules and regulations established under section 4513.19 of the 
Revised Code.
Historical A historical motor vehicles as defined in 
section 4503.181 of the Revised Code, vehicle that was not 
originally manufactured with stop lights , are or a replica motor 
vehicle that replicates a motor vehicle that was not originally 
manufactured with stop lights is not subject to this section.
(B) Whoever violates this section is guilty of a minor 
misdemeanor.
(C) As used in this section, "replica motor vehicle" means 
a replica motor vehicle for which a certificate of title is 
issued under section 4505.072 of the Revised Code.
Sec. 4513.38. (A) No person shall be prohibited from 
owning or operating a licensed collector's vehicle or, 
historical motor vehicle , or replica motor vehicle that is 
equipped with a feature of design, type of material, or article 
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1280 S. B. No. 65 Page 45
As Introduced
of equipment that was not in violation of any motor vehicle 
equipment law of this state or of its political subdivisions in 
effect during the calendar year the vehicle was manufactured or 
the calendar year that it replicates , and no licensed 
collector's vehicle or, historical motor vehicle , or replica 
motor vehicle shall be prohibited from displaying or using any 
such feature of design, type of material, or article of 
equipment.
No person shall be prohibited from owning or operating a 
licensed collector's vehicle or, historical motor vehicle , or 
replica motor vehicle for failing to comply with an equipment 
provision contained in Chapter 4513. of the Revised Code or in 
any state rule that was enacted or adopted in a year subsequent 
to that in which the vehicle was manufactured or the calendar 
year that it replicates , and no licensed collector's vehicle or, 
historical motor vehicle , or replica motor vehicle shall be 
required to comply with an equipment provision enacted into 
Chapter 4513. of the Revised Code or adopted by state rule 
subsequent to the calendar year in which it was manufactured or 
the calendar year that it replicates . No political subdivision 
shall require an owner of a licensed collector's vehicle or, 
historical motor vehicle , or replica motor vehicle to comply 
with equipment provisions contained in laws or rules that were 
enacted or adopted subsequent to the calendar year in which the 
vehicle was manufactured or the calendar year that it 
replicates, and no political subdivision shall prohibit the 
operation of a licensed collector's vehicle or, historical motor 
vehicle, or replica motor vehicle for failure to comply with any 
such equipment laws or rules.
(B) As used in this section, "replica motor vehicle" means 
a replica motor vehicle for which a certificate of title is 
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1311 S. B. No. 65 Page 46
As Introduced
issued under section 4505.072 of the Revised Code.
Sec. 4513.41. (A) No owner of a licensed collector's 
vehicle, a historical motor vehicle, a replica motor vehicle, or 
a collector's vehicle that is an agricultural tractor or 
traction engine shall be required to comply with an emission, 
noise control, or fuel usage provision contained in a law or 
rule of this state or its political subdivisions that was 
enacted or adopted subsequent to the calendar year in which the 
vehicle was manufactured or the calendar year that it 
replicates.
(B) No person shall be prohibited from operating a 
licensed collector's vehicle, a historical motor vehicle, a 
replica motor vehicle, or a collector's vehicle that is an 
agricultural tractor or traction engine for failing to comply 
with an emission, noise control, or fuel usage law or rule of 
this state or its political subdivisions that was enacted or 
adopted subsequent to the calendar year in which his vehicle was 
manufactured or the calendar year that it replicates .
(C) Except as provided in section 4505.061 of the Revised 
Code, no person shall be required to submit his the person's 
collector's vehicle to a physical inspection prior to or in 
connection with an issuance of title to, or the sale or transfer 
of ownership of such vehicle, except that a police officer may 
inspect it to determine ownership.
In accordance with section 1.51 of the Revised Code, this 
section shall, without exception, prevail over any special or 
local provision of the Revised Code that requires owners or 
operators of collector's vehicles to comply with standards of 
emission, noise, fuel usage, or physical condition in connection 
with an issuance of title to, or the sale or transfer of 
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1341 S. B. No. 65 Page 47
As Introduced
ownership of such vehicle or part thereof.
(D) As used in this section, "replica motor vehicle" means 
a replica motor vehicle for which a certificate of title is 
issued under section 4505.072 of the Revised Code.
Section 2. That existing sections 1317.05 , 3905.426, 
4501.01, 4503.21, 4505.08, 4509.06, 4509.70, 4513.071, 4513.38, 
and 4513.41 of the Revised Code are hereby repealed.
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