Bill Text: OH HB335 | 2013-2014 | 130th General Assembly | Introduced

Bill Title: To create the Green Fleets Loan Guarantee Program to guarantee the repayment of loans made to governmental entities and private businesses to fund the conversion of all or a portion of their fleet vehicles to run on natural gas fuel; to apply the motor fuel tax to compressed natural gas; to authorize a temporary exemption from the motor fuel tax for purchasers of propane and compressed natural gas; to require the inspection of certain natural gas vehicles; to create a weight limit exemption for compressed natural gas vehicles; and to clarify the regulatory authority of the Fire Marshal with regard to filling stations dispensing gaseous fuel.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2013-11-06 - To Ways and Means [HB335 Detail]

Download: Ohio-2013-HB335-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 335


Representative Butler 

Cosponsors: Representatives Adams, J., Hall, Henne, O'Brien, Terhar, Boose 

A BILL
To amend sections 3741.14, 4501.06, 4503.10, 1
4503.103, 4503.11, 4503.191, 4513.02, 4513.11, 2
5577.044, 5735.01, and 5735.012 and to enact 3
sections 122.079, 122.0710, 122.0711, 122.0712, 4
122.0713, 122.0714, 122.0715, and 5735.015 of the 5
Revised Code to create the Green Fleets Loan 6
Guarantee Program to guarantee the repayment of 7
loans made to governmental entities and private 8
businesses to fund the conversion of all or a 9
portion of their fleet vehicles to run on natural 10
gas fuel; to apply the motor fuel tax to 11
compressed natural gas; to authorize a temporary 12
exemption from the motor fuel tax for purchasers 13
of propane and compressed natural gas; to require 14
the inspection of certain natural gas vehicles; to 15
create a weight limit exemption for compressed 16
natural gas vehicles; and to clarify the 17
regulatory authority of the Fire Marshal with 18
regard to filling stations dispensing gaseous 19
fuel.20


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

       Section 1.  That sections 3741.14, 4501.06, 4503.10, 21
4503.103, 4503.11, 4503.191, 4513.02, 4513.11, 5577.044, 5735.01, 22
and 5735.012 be amended and sections 122.079, 122.0710, 122.0711, 23
122.0712, 122.0713, 122.0714, 122.0715, and 5735.015 of the 24
Revised Code be enacted to read as follows:25

       Sec. 122.079. (A) As used in sections 122.079 to 122.0714 of 26
the Revised Code:27

       (1) "Governmental entity" means a state agency or a political 28
subdivision of the state.29

       (2) "Lending institution" means a financial institution that 30
is eligible to make commercial loans.31

       (3) "Natural gas fuel" means any liquefied petroleum gas 32
product, compressed natural gas product, or combination thereof, 33
used in a motor vehicle.34

       (B) There is hereby created within the development services 35
agency the green fleets loan guarantee program. Under the program, 36
the director of development services may, on behalf of the state, 37
enter into contracts to guarantee the repayment of loans made to 38
governmental entities or private businesses to fund the conversion 39
of all or a portion of their fleet vehicles to run on natural gas 40
fuel.41

       (C) Before guaranteeing any such repayments the director 42
shall determine that:43

       (1) The proposed use of the loan proceeds is economically 44
sound.45

       (2) The rate of interest on the loan to be guaranteed is not 46
excessive.47

       (3) Under the payment terms described in section 122.0710 of 48
the Revised Code, the loan plus interest will be repaid within 49
five years after the date the loan was made.50

       (D) The guarantees provided under this section shall be 51
secured solely by and payable solely from the green fleets loan 52
guarantee fund, which is hereby created. The fund shall be in the 53
custody of the treasurer of state but shall not be part of the 54
state treasury. The fund shall consist of all grants, gifts, and 55
contributions of money lawfully designated for or deposited into 56
the fund and all money lawfully appropriated and transferred to 57
the fund. Upon the request of the director, the treasurer of state 58
may transfer to the fund any unencumbered and available moneys in 59
the loan guarantee fund created under section 166.06 of the 60
Revised Code. Such guarantees shall not constitute obligations of 61
the state and moneys raised by taxation shall not be obligated or 62
pledged for the payment of the guarantees.63

       (E) The contract of guarantee shall make provisions for the 64
conditions of the guarantee commitment, the time for and manner of 65
fulfillment of the guarantee commitment, and any other terms 66
customary to such guarantees and as the director may approve.67

       (F) The treasurer of state shall serve as agent for the 68
director in the making of deposits and withdrawals and maintenance 69
of records pertaining to the green fleets loan guarantee fund.70

       Sec. 122.0710.  (A) The director of development services 71
shall contract with one or more financial institutions to issue 72
credit cards to recipients of a loan guaranteed under section 73
122.079 of the Revised Code for use at fueling stations when 74
purchasing natural gas fuel for the converted fleet vehicles that 75
were funded by the loan. A loan recipient shall be given one 76
credit card for each such vehicle. 77

       (B) The financial institutions under contract with the 78
director shall provide each loan recipient with a monthly 79
statement that shows the account activity for all of the loan 80
recipient's converted fleet vehicles that were funded by the loan. 81
Based on the location of a particular fueling station, the 82
financial institutions shall utilize the regional breakdown posted 83
on the development services agency's web site pursuant to section 84
122.0714 of the Revised Code to charge each loan recipient the 85
following:86

       (1) For each fleet vehicle that, prior to the conversion, ran 87
on gasoline, the average market price for gasoline in that region 88
for each gallon equivalent of natural gas fuel purchased during 89
the previous month;90

       (2) For each fleet vehicle that, prior to the conversion, ran 91
on diesel fuel, the average market price for diesel fuel in that 92
region for each gallon equivalent of natural gas fuel purchased 93
during the previous month.94

       (C) Upon receipt of a loan recipient's monthly payment, the 95
financial institutions shall reimburse the appropriate fueling 96
station operators and remit the excess amount paid by the loan 97
recipient to the development services agency.98

       Sec. 122.0711. The development services agency shall record 99
the amounts received under division (C) of section 122.0710 of the 100
Revised Code and, for each loan recipient, transfer those amounts 101
to the lending institution that made the particular loan. When the 102
amounts transferred are enough to repay the loan plus interest, 103
the agency shall cancel the credit cards issued to that loan 104
recipient.105

       Sec. 122.0712. (A) Subject to section 122.0713 of the Revised 106
Code, each loan recipient shall continue to use the credit cards 107
issued to it and pay the amount required under division (B) of 108
section 122.0710 of the Revised Code until the loan is repaid in 109
full.110

       (B) If a loan recipient fails to comply with division (A) of 111
this section, the loan recipient shall be given an opportunity to 112
rectify the failure by paying the amount required. If the loan 113
recipient fails to rectify the failure or fails to comply with 114
division (A) of this section a second time, the loan recipient 115
shall be required to immediately repay the loan in full.116

       Sec. 122.0713. A recipient of a loan guaranteed under section 117
122.079 of the Revised Code shall not be liable to the lending 118
institution in any manner for payment of the principal or interest 119
on the loan if the loan recipient demonstrates both of the 120
following:121

       (A) It complied with all of the conditions of the loan.122

       (B) The amount it paid pursuant to division (B) of section 123
122.0710 of the Revised Code when refueling its converted fleet 124
vehicles was not enough to repay the loan plus interest within ten 125
years after the date the loan was made.126

       Sec. 122.0714.  The director of development services shall, 127
on a monthly basis, prepare a breakdown of the average market 128
price for gasoline and the average market price for diesel fuel in 129
each region of the state and post the information on the 130
development services agency's web site. Financial institutions 131
shall use that breakdown when calculating the amount to charge 132
loan recipients under section 122.0710 of the Revised Code for 133
their natural gas fuel purchases.134


       Sec. 122.0715. The director of development services shall 136
adopt, in accordance with Chapter 119. of the Revised Code, any 137
rules necessary for the implementation of sections 122.079 to 138
122.0714 of the Revised Code.139

       Sec. 3741.14.  (A) Each filling station offering self-service 140
shall be operated in accordance with national fire protection 141
association standard number 30A-1990, and the provisions of the 142
"Occupational Safety and Health Act of 1970," 84 Stat. 1590, 5 143
U.S.C.A. 5108, and any amendments thereto and standards adopted 144
thereunder.145

       (B) The fire marshal shall adopt, as part of the state fire 146
code, rules governing the equipment, operation, and maintenance of 147
filling stations. The rules shall be such as are necessary for the 148
protection of the persons and property of the public, but shall 149
require as a minimum that:150

       (1) Gasoline and other flammable or combustible liquids or 151
gases be dispensed only by a person who is not smoking;152

       (2) A sign, in block letters at least four inches in height, 153
be conspicuously displayed on each gasolinefuel pump island where 154
self-service is offered stating that it is a self-service island;155

       (3) Signs giving instructions for the operation of gasoline156
fuel dispensing equipment, in block letters, be conspicuously 157
posted at each filling station offering self-service;158

       (4) A sign bearing the following words in block letters be 159
conspicuously posted on each gasolinefuel pump island where 160
self-service is offered:161

       (a) "STOP ENGINE";162

       (b) "NO SMOKING";163

       (c) "WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE 164
GASOLINE INTO UNAPPROVED CONTAINERS";165

       (d) "PERSONS USING DISPENSERS WITH HOLD-OPEN LATCHES MUST 166
REMAIN AT THE REFUELING POINT DURING REFUELING".167

       (5) All signs required by this section be constructed of 168
rigid, weather-resistant material;169

       (6) GasolineFuel dispensing nozzles used by any person other 170
than a supervisor, employee, or attendant be of an approved 171
automatic closing type. Any person other than a supervisor, 172
employee, or attendant using a dispenser with a hold-open latch 173
shall remain at the refueling point during refueling.174

       (C) The fire marshal shall not prohibit the operation of a 175
filling station offering self-service solely because it is an 176
unattended filling station that utilizes key- or card-operated 177
self-service flammable or combustible liquid dispensing equipment.178

       (D) Nothing in this section shall be interpreted to prohibit 179
the fire marshal from adopting reasonable rules governing the 180
safety of self-service flammable or combustible liquid or gas181
dispensing equipment.182

       Sec. 4501.06.  The taxes, fees, and fines levied, charged, or 183
referred to in division (O) of section 4503.04, division (E) of 184
section 4503.042, division (B) of section 4503.07, division (C)(1) 185
of section 4503.10, division (D) of section 4503.182, division (A) 186
of section 4503.19, division (D)(2) of section 4507.24, division 187
(A) of section 4508.06, division (E) of section 4513.02, and 188
sections 4503.40, 4503.42, 4505.11, 4505.111, 4506.08, 4507.23, 189
4508.05, 4513.53, and 5502.12 of the Revised Code, and the taxes 190
charged in section 4503.65 that are distributed in accordance with 191
division (A)(2) of section 4501.044 of the Revised Code unless 192
otherwise designated by law, shall be deposited in the state 193
treasury to the credit of the state highway safety fund, which is 194
hereby created. Money credited to the fund shall, after receipt of 195
certifications from the commissioners of the sinking fund 196
certifying that there are sufficient moneys to the credit of the 197
highway obligations bond retirement fund created by section 198
5528.32 of the Revised Code to meet in full all payments of 199
interest, principal, and charges for the retirement of highway 200
obligations issued pursuant to Section 2i of Article VIII, Ohio 201
Constitution, and sections 5528.30 and 5528.31 of the Revised Code 202
due and payable during the current calendar year, be used for the 203
purpose of enforcing and paying the expenses of administering the 204
law relative to the registration and operation of motor vehicles 205
on the public roads or highways. Amounts credited to the fund may 206
also be used to pay the expenses of administering and enforcing 207
the laws under which such fees were collected. All investment 208
earnings of the state highway safety fund shall be credited to the 209
fund.210

       Sec. 4503.10.  (A)(1) The owner of every snowmobile, 211
off-highway motorcycle, and all-purpose vehicle required to be 212
registered under section 4519.02 of the Revised Code shall file an 213
application for registration under section 4519.03 of the Revised 214
Code. The owner of a motor vehicle, other than a snowmobile, 215
off-highway motorcycle, or all-purpose vehicle, that is not 216
designed and constructed by the manufacturer for operation on a 217
street or highway may not register it under this chapter except 218
upon certification of inspection pursuant to section 4513.02 of 219
the Revised Code by the sheriff, or the chief of police of the 220
municipal corporation or township, with jurisdiction over the 221
political subdivision in which the owner of the motor vehicle 222
resides. Except223

       (2) Except as provided in section 4503.103 of the Revised 224
Code, every owner of every other motor vehicle not previously 225
described in this section and every person mentioned as owner in 226
the last certificate of title of a motor vehicle that is operated 227
or driven upon the public roads or highways shall cause to be 228
filed each year, by mail or otherwise, in the office of the 229
registrar of motor vehicles or a deputy registrar, a written or 230
electronic application or a preprinted registration renewal notice 231
issued under section 4503.102 of the Revised Code, the form of 232
which shall be prescribed by the registrar, for registration for 233
the following registration year, which shall begin on the first 234
day of January of every calendar year and end on the thirty-first 235
day of December in the same year. Applications for registration 236
and registration renewal notices shall be filed at the times 237
established by the registrar pursuant to section 4503.101 of the 238
Revised Code. A motor vehicle owner also may elect to apply for or 239
renew a motor vehicle registration by electronic means using 240
electronic signature in accordance with rules adopted by the 241
registrar. Except242

       Except as provided in division (J) of this section, 243
applications for registration shall be made on blanks furnished by 244
the registrar for that purpose, containing the following 245
information:246

       (1)(a) A brief description of the motor vehicle to be 247
registered, including the year, make, model, and vehicle 248
identification number, and, in the case of commercial cars, the 249
gross weight of the vehicle fully equipped computed in the manner 250
prescribed in section 4503.08 of the Revised Code;251

       (2)(b) The name and residence address of the owner, and the 252
township and municipal corporation in which the owner resides;253

       (3)(c) The district of registration, which shall be 254
determined as follows:255

       (a)(i) In case the motor vehicle to be registered is used for 256
hire or principally in connection with any established business or 257
branch business, conducted at a particular place, the district of 258
registration is the municipal corporation in which that place is 259
located or, if not located in any municipal corporation, the 260
county and township in which that place is located.261

       (b)(ii) In case the vehicle is not so used, the district of 262
registration is the municipal corporation or county in which the 263
owner resides at the time of making the application.264

       (4)(d) Whether the motor vehicle is a new or used motor 265
vehicle;266

       (5)(e) The date of purchase of the motor vehicle;267

       (6)(f) Whether the fees required to be paid for the 268
registration or transfer of the motor vehicle, during the 269
preceding registration year and during the preceding period of the 270
current registration year, have been paid. Each application for 271
registration shall be signed by the owner, either manually or by 272
electronic signature, or pursuant to obtaining a limited power of 273
attorney authorized by the registrar for registration, or other 274
document authorizing such signature. If the owner elects to apply 275
for or renew the motor vehicle registration with the registrar by 276
electronic means, the owner's manual signature is not required.277

       (7)(g) The owner's social security number, driver's license 278
number, or state identification number, or, where a motor vehicle 279
to be registered is used for hire or principally in connection 280
with any established business, the owner's federal taxpayer 281
identification number. The bureau of motor vehicles shall retain 282
in its records all social security numbers provided under this 283
section, but the bureau shall not place social security numbers on 284
motor vehicle certificates of registration.285

       (h) Whether the motor vehicle is capable of using any of the 286
following to power the motor vehicle:287

       (i) E85 blend fuel;288

       (ii) Blended biodiesel;289

       (iii) Natural gas;290

       (iv) Liquefied petroleum gas; or291

       (v) Hydrogen.292

       If the motor vehicle is capable of using any of the 293
aforementioned power sources, the applicant shall specify which.294

       (B)(1) Except as otherwise provided in this division, each 295
time an applicant first registers a motor vehicle in the 296
applicant's name, the applicant shall present for inspection a 297
physical certificate of title or memorandum certificate showing 298
title to the motor vehicle to be registered in the name of the 299
applicant if a physical certificate of title or memorandum 300
certificate has been issued by a clerk of a court of common pleas. 301
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised 302
Code, a clerk instead has issued an electronic certificate of 303
title for the applicant's motor vehicle, that certificate may be 304
presented for inspection at the time of first registration in a 305
manner prescribed by rules adopted by the registrar. An applicant 306
is not required to present a certificate of title to an electronic 307
motor vehicle dealer acting as a limited authority deputy 308
registrar in accordance with rules adopted by the registrar. When309

       (2) When a motor vehicle inspection and maintenance program 310
is in effect under section 3704.14 of the Revised Code and rules 311
adopted under it, each application for registration for a vehicle 312
required to be inspected under that section and those rules shall 313
be accompanied by an inspection certificate for the motor vehicle 314
issued in accordance with that section. The315

       (3) Each application for registration of a vehicle required 316
to be inspected under division (E) of section 4513.02 of the 317
Revised Code shall be accompanied by a valid inspection 318
certificate for the motor vehicle issued in accordance with that 319
section.320

       (4) An application for registration shall be refused if any 321
of the following applies:322

       (1)(a) The application is not in proper form.323

       (2)(b) The application is prohibited from being accepted by 324
division (D) of section 2935.27, division (A) of section 2937.221, 325
division (A) of section 4503.13, division (B) of section 4510.22, 326
or division (B)(1) of section 4521.10 of the Revised Code.327

       (3)(c) A certificate of title or memorandum certificate of 328
title is required but does not accompany the application or, in 329
the case of an electronic certificate of title, is required but is 330
not presented in a manner prescribed by the registrar's rules.331

       (4)(d) All registration and transfer fees for the motor 332
vehicle, for the preceding year or the preceding period of the 333
current registration year, have not been paid.334

       (5)(e) The owner or lessee does not have an inspection 335
certificate for the motor vehicle as provided in section 3704.14 336
of the Revised Code, and rules adopted under it, if that section 337
is applicable.338

       (f) The owner does not have a valid inspection certificate 339
for the motor vehicle issued under division (E) of section 4513.02 340
of the Revised Code if such a certificate is required under that 341
section.342

       (5) This section does not require the payment of license or 343
registration taxes on a motor vehicle for any preceding year, or 344
for any preceding period of a year, if the motor vehicle was not 345
taxable for that preceding year or period under sections 4503.02, 346
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 347
Revised Code. When348

       (6) When a certificate of registration is issued upon the 349
first registration of a motor vehicle by or on behalf of the 350
owner, the official issuing the certificate shall indicate the 351
issuance with a stamp on the certificate of title or memorandum 352
certificate or, in the case of an electronic certificate of title, 353
an electronic stamp or other notation as specified in rules 354
adopted by the registrar, and with a stamp on the inspection 355
certificate for the motor vehicle, if any. The official also shall 356
indicate, by a stamp or by other means the registrar prescribes, 357
on the registration certificate issued upon the first registration 358
of a motor vehicle by or on behalf of the owner the odometer 359
reading of the motor vehicle as shown in the odometer statement 360
included in or attached to the certificate of title. Upon each 361
subsequent registration of the motor vehicle by or on behalf of 362
the same owner, the official also shall so indicate the odometer 363
reading of the motor vehicle as shown on the immediately preceding 364
certificate of registration.365

       The registrar shall include in the permanent registration 366
record of any vehicle required:367

       (a) If required to be inspected under section 3704.14 of the 368
Revised Code, the inspection certificate number from the 369
inspection certificate that is presented at the time of 370
registration of the vehicle as required under this division371
section;372

       (b) If required to be inspected under division (E) of section 373
4513.02 of the Revised Code, the inspection certificate number 374
from the inspection certificate that is presented at the time of 375
registration of the vehicle as required under this section.376

       (C)(1) Except as otherwise provided in division (C)(1) of 377
this section, for each registration renewal with an expiration 378
date on or after October 1, 2003, and for each initial application 379
for registration received on and after that date, the registrar 380
and each deputy registrar shall collect an additional fee of 381
eleven dollars for each application for registration and 382
registration renewal received. For vehicles specified in divisions 383
(A)(1) to (21) of section 4503.042 of the Revised Code, commencing 384
with each registration renewal with an expiration date on or after 385
October 1, 2009, and for each initial application received on or 386
after that date, the registrar and deputy registrar shall collect 387
an additional fee of thirty dollars for each application for 388
registration and registration renewal received. The additional fee 389
is for the purpose of defraying the department of public safety's 390
costs associated with the administration and enforcement of the 391
motor vehicle and traffic laws of Ohio. Each deputy registrar 392
shall transmit the fees collected under division (C)(1) of this 393
section in the time and manner provided in this section. The 394
registrar shall deposit all moneys received under division (C)(1) 395
of this section into the state highway safety fund established in 396
section 4501.06 of the Revised Code.397

       (2) In addition, a charge of twenty-five cents shall be made 398
for each reflectorized safety license plate issued, and a single 399
charge of twenty-five cents shall be made for each county 400
identification sticker or each set of county identification 401
stickers issued, as the case may be, to cover the cost of 402
producing the license plates and stickers, including material, 403
manufacturing, and administrative costs. Those fees shall be in 404
addition to the license tax. If the total cost of producing the 405
plates is less than twenty-five cents per plate, or if the total 406
cost of producing the stickers is less than twenty-five cents per 407
sticker or per set issued, any excess moneys accruing from the 408
fees shall be distributed in the same manner as provided by 409
section 4501.04 of the Revised Code for the distribution of 410
license tax moneys. If the total cost of producing the plates 411
exceeds twenty-five cents per plate, or if the total cost of 412
producing the stickers exceeds twenty-five cents per sticker or 413
per set issued, the difference shall be paid from the license tax 414
moneys collected pursuant to section 4503.02 of the Revised Code.415

       (D) Each deputy registrar shall be allowed a fee of three 416
dollars and fifty cents for each application for registration and 417
registration renewal notice the deputy registrar receives, which 418
shall be for the purpose of compensating the deputy registrar for 419
the deputy registrar's services, and such office and rental 420
expenses, as may be necessary for the proper discharge of the 421
deputy registrar's duties in the receiving of applications and 422
renewal notices and the issuing of registrations.423

       (E) Upon the certification of the registrar, the county 424
sheriff or local police officials shall recover license plates 425
erroneously or fraudulently issued.426

       (F) Each deputy registrar, upon receipt of any application 427
for registration or registration renewal notice, together with the 428
license fee and any local motor vehicle license tax levied 429
pursuant to Chapter 4504. of the Revised Code, shall transmit that 430
fee and tax, if any, in the manner provided in this section, 431
together with the original and duplicate copy of the application, 432
to the registrar. The registrar, subject to the approval of the 433
director of public safety, may deposit the funds collected by 434
those deputies in a local bank or depository to the credit of the 435
"state of Ohio, bureau of motor vehicles." Where a local bank or 436
depository has been designated by the registrar, each deputy 437
registrar shall deposit all moneys collected by the deputy 438
registrar into that bank or depository not more than one business 439
day after their collection and shall make reports to the registrar 440
of the amounts so deposited, together with any other information, 441
some of which may be prescribed by the treasurer of state, as the 442
registrar may require and as prescribed by the registrar by rule. 443
The registrar, within three days after receipt of notification of 444
the deposit of funds by a deputy registrar in a local bank or 445
depository, shall draw on that account in favor of the treasurer 446
of state. The registrar, subject to the approval of the director 447
and the treasurer of state, may make reasonable rules necessary 448
for the prompt transmittal of fees and for safeguarding the 449
interests of the state and of counties, townships, municipal 450
corporations, and transportation improvement districts levying 451
local motor vehicle license taxes. The registrar may pay service 452
charges usually collected by banks and depositories for such 453
service. If deputy registrars are located in communities where 454
banking facilities are not available, they shall transmit the fees 455
forthwith, by money order or otherwise, as the registrar, by rule 456
approved by the director and the treasurer of state, may 457
prescribe. The registrar may pay the usual and customary fees for 458
such service.459

       (G) This section does not prevent any person from making an 460
application for a motor vehicle license directly to the registrar 461
by mail, by electronic means, or in person at any of the 462
registrar's offices, upon payment of a service fee of three 463
dollars and fifty cents for each application.464

       (H) No person shall make a false statement as to the district 465
of registration in an application required by division (A) of this 466
section. Violation of this division is falsification under section 467
2921.13 of the Revised Code and punishable as specified in that 468
section.469

       (I)(1) Where applicable, the requirements of division (B) of 470
this section relating to the presentation of an inspection 471
certificate issued under section 3704.14 of the Revised Code and 472
rules adopted under it for a motor vehicle, the refusal of a 473
license for failure to present an inspection certificate, and the 474
stamping of the inspection certificate by the official issuing the 475
certificate of registration apply to the registration of and 476
issuance of license plates for a motor vehicle under sections 477
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 478
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 479
4503.47, and 4503.51 of the Revised Code.480

       (2)(a) The registrar shall adopt rules ensuring that each 481
owner registering a motor vehicle in a county where a motor 482
vehicle inspection and maintenance program is in effect under 483
section 3704.14 of the Revised Code and rules adopted under it 484
receives information about the requirements established in that 485
section and those rules and about the need in those counties to 486
present an inspection certificate with an application for 487
registration or preregistration.488

       (b) Upon request, the registrar shall provide the director of 489
environmental protection, or any person that has been awarded a 490
contract under section 3704.14 of the Revised Code, an on-line 491
computer data link to registration information for all passenger 492
cars, noncommercial motor vehicles, and commercial cars that are 493
subject to that section. The registrar also shall provide to the 494
director of environmental protection a magnetic data tape 495
containing registration information regarding passenger cars, 496
noncommercial motor vehicles, and commercial cars for which a 497
multi-year registration is in effect under section 4503.103 of the 498
Revised Code or rules adopted under it, including, without 499
limitation, the date of issuance of the multi-year registration, 500
the registration deadline established under rules adopted under 501
section 4503.101 of the Revised Code that was applicable in the 502
year in which the multi-year registration was issued, and the 503
registration deadline for renewal of the multi-year registration.504

       (J) Subject to division (K) of this section, application for 505
registration under the international registration plan, as set 506
forth in sections 4503.60 to 4503.66 of the Revised Code, shall be 507
made to the registrar on forms furnished by the registrar. In 508
accordance with international registration plan guidelines and 509
pursuant to rules adopted by the registrar, the forms shall 510
include the following:511

       (1) A uniform mileage schedule;512

       (2) The gross vehicle weight of the vehicle or combined gross 513
vehicle weight of the combination vehicle as declared by the 514
registrant;515

       (3) Any other information the registrar requires by rule.516

       (K) The registrar shall determine the feasibility of 517
implementing an electronic commercial fleet licensing and 518
management program that will enable the owners of commercial 519
tractors, commercial trailers, and commercial semitrailers to 520
conduct electronic transactions by July 1, 2010, or sooner. If the 521
registrar determines that implementing such a program is feasible, 522
the registrar shall adopt new rules under this division or amend 523
existing rules adopted under this division as necessary in order 524
to respond to advances in technology.525

       If international registration plan guidelines and provisions 526
allow member jurisdictions to permit applications for 527
registrations under the international registration plan to be made 528
via the internet, the rules the registrar adopts under this 529
division shall permit such action.530

       Sec. 4503.103.  (A)(1) The registrar of motor vehicles may 531
adopt rules to permit any person or lessee, other than a person 532
receiving an apportioned license plate under the international 533
registration plan, who owns or leases one or more motor vehicles 534
to file a written application for registration for no more than 535
five succeeding registration years. The rules adopted by the 536
registrar may designate the classes of motor vehicles that are 537
eligible for such registration. At the time of application, all 538
annual taxes and fees shall be paid for each year for which the 539
person is registering.540

       (2)(a) Not later than December 31, 2013 and except as 541
provided in division (A)(4) of this section, the registrar shall 542
adopt rules to permit any person or lessee who owns or leases a 543
trailer or semitrailer that is subject to the tax rates prescribed 544
in section 4503.042 of the Revised Code for such trailers or 545
semitrailers to file a written application for registration for 546
any number of succeeding registration years, including a permanent 547
registration. At the time of application, all annual taxes and 548
fees shall be paid for each year for which the person is 549
registering, provided that the annual taxes due, regardless of the 550
number of years for which the person is registering, shall not 551
exceed two hundred dollars. A person who registers a vehicle under 552
division (A)(2)(1) of this section shall pay for each year of 553
registration the additional fee established under division (C)(1) 554
of section 4503.10 of the Revised Code, provided that the 555
additional fee due, regardless of the number of years for which 556
the person is registering, shall not exceed eighty-eight dollars. 557
The person also shall pay one single deputy registrar service fee 558
in the amount specified in division (D) of section 4503.10 of the 559
Revised Code or one single bureau of motor vehicles service fee in 560
the amount specified in division (G) of that section, as 561
applicable, regardless of the number of years for which the person 562
is registering.563

       (b) In addition, each person registering a trailer or 564
semitrailer under division (A)(2)(1)(a) of this section shall pay 565
any applicable local motor vehicle license tax levied under 566
Chapter 4504. of Revised Code for each year for which the person 567
is registering, provided that not more than eight times any such 568
annual local taxes shall be due upon registration.569

        (c) The period of registration for a trailer or semitrailer 570
registered under division (A)(2)(1)(a) of this section is 571
exclusive to the trailer or semitrailer for which that certificate 572
of registration is issued and is not transferable to any other 573
trailer or semitrailer.574

       (3)(2) Except as provided in division (A)(3) or (4) of this 575
section, the registrar shall adopt rules to permit any person who 576
owns a motor vehicle to file an application for registration for 577
not more than five succeeding registration years. At the time of 578
application, the person shall pay the annual taxes and fees for 579
each registration year, calculated in accordance with division (C) 580
of section 4503.11 of the Revised Code. A person who is 581
registering a vehicle under division (A)(3)(2) of this section 582
shall pay for each year of registration the additional fee 583
established under division (C)(1) of section 4503.10 of the 584
Revised Code. The person shall also pay the deputy registrar 585
service fee or the bureau of motor vehicles service fee, as 586
follows:587

        (a) For a two-year registration, the service fee is five 588
dollars and twenty-five cents.589

        (b) For a three-year registration, the service fee is eight 590
dollars.591

        (c) For a four- or five-year registration, the service fee is 592
ten dollars.593

       (4)(3) Division (A)(3)(2) of this section does not apply to a 594
person receiving an apportioned license plate under the 595
international registration plan, or the owner of a commercial car 596
used solely in intrastate commerce, or the owner of a bus as 597
defined in section 4513.50 of the Revised Code.598

       (4) No person who owns a motor vehicle that is subject to 599
inspection under division (E) of section 4513.02 of the Revised 600
Code shall file an application for registration for any period 601
that will exceed the period of validity of the inspection 602
certificate issued under that division. The registrar or a deputy 603
registrar shall not issue a registration for any motor vehicle if 604
the registration period will exceed the period of validity of an 605
inspection certificate issued under division (E) of section 606
4513.02 of the Revised Code.607

       (B) No person applying for a multi-year registration under 608
division (A) of this section is entitled to a refund of any taxes 609
or fees paid.610

       (C) The registrar shall not issue to any applicant who has 611
been issued a final, nonappealable order under division (D) of 612
this section a multi-year registration or renewal thereof under 613
this division or rules adopted under it for any motor vehicle that 614
is required to be inspected under section 3704.14 of the Revised 615
Code the district of registration of which, as determined under 616
section 4503.10 of the Revised Code, is or is located in the 617
county named in the order.618

       (D) Upon receipt from the director of environmental 619
protection of a notice issued under rules adopted under section 620
3704.14 of the Revised Code indicating that an owner of a motor 621
vehicle that is required to be inspected under that section who 622
obtained a multi-year registration for the vehicle under division 623
(A) of this section or rules adopted under that division has not 624
obtained a required inspection certificate for the vehicle, the 625
registrar in accordance with Chapter 119. of the Revised Code 626
shall issue an order to the owner impounding the certificate of 627
registration and identification license plates for the vehicle. 628
The order also shall prohibit the owner from obtaining or renewing 629
a multi-year registration for any vehicle that is required to be 630
inspected under that section, the district of registration of 631
which is or is located in the same county as the county named in 632
the order during the number of years after expiration of the 633
current multi-year registration that equals the number of years 634
for which the current multi-year registration was issued.635

       An order issued under this division shall require the owner 636
to surrender to the registrar the certificate of registration and 637
license plates for the vehicle named in the order within five days 638
after its issuance. If the owner fails to do so within that time, 639
the registrar shall certify that fact to the county sheriff or 640
local police officials who shall recover the certificate of 641
registration and license plates for the vehicle.642

       (E) Upon the occurrence of either of the following 643
circumstances, the registrar in accordance with Chapter 119. of 644
the Revised Code shall issue to the owner a modified order 645
rescinding the provisions of the order issued under division (D) 646
of this section impounding the certificate of registration and 647
license plates for the vehicle named in that original order:648

       (1) Receipt from the director of environmental protection of 649
a subsequent notice under rules adopted under section 3704.14 of 650
the Revised Code that the owner has obtained the inspection 651
certificate for the vehicle as required under those rules;652

       (2) Presentation to the registrar by the owner of the 653
required inspection certificate for the vehicle.654

       (F) The owner of a motor vehicle for which the certificate of 655
registration and license plates have been impounded pursuant to an 656
order issued under division (D) of this section, upon issuance of 657
a modified order under division (E) of this section, may apply to 658
the registrar for their return. A fee of two dollars and fifty 659
cents shall be charged for the return of the certificate of 660
registration and license plates for each vehicle named in the 661
application.662

       Sec. 4503.11.  (A) Except as provided by sections 4503.103, 663
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code, no 664
person who is the owner or chauffeur of a motor vehicle operated 665
or driven upon the public roads or highways shall fail to file 666
annually the application for registration or to pay the tax 667
therefor.668

       (B) Except as provided by sections 4503.12 and 4503.16 of the 669
Revised Code, the taxes payable on all applications made under 670
sections 4503.10 and 4503.102 of the Revised Code shall be the sum 671
of the tax due under division (B)(1)(a) or (b) of this section 672
plus the tax due under division (B)(2)(a) or (b) of this section:673

       (1)(a) If the application is made before the second month of 674
the current registration period to which the motor vehicle is 675
assigned as provided in section 4503.101 of the Revised Code, the 676
tax due is the full amount of the tax provided in section 4503.04 677
of the Revised Code;678

       (b) If the application is made during or after the second 679
month of the current registration period to which the motor 680
vehicle is assigned as provided in section 4503.101 of the Revised 681
Code, and prior to the beginning of the next such registration 682
period, the amount of the tax provided in section 4503.04 of the 683
Revised Code shall be reduced by one-twelfth of the amount of such 684
tax, rounded upward to the nearest cent, multiplied by the number 685
of full months that have elapsed in the current registration 686
period. The resulting amount shall be rounded upward to the next 687
highest dollar and shall be the amount of tax due.688

       (2)(a) If the application is made before the sixth month of 689
the current registration period to which the motor vehicle is 690
assigned as provided in section 4503.101 of the Revised Code, the 691
amount of tax due is the full amount of local motor vehicle 692
license taxes levied under Chapter 4504. of the Revised Code;693

       (b) If the application is made during or after the sixth 694
month of the current registration period to which the motor 695
vehicle is assigned as provided in section 4503.101 of the Revised 696
Code and prior to the beginning of the next such registration 697
period, the amount of tax due is one-half of the amount of local 698
motor vehicle license taxes levied under Chapter 4504. of the 699
Revised Code.700

       (C) The taxes payable on all applications made under division 701
(A)(3)(2) of section 4503.103 of the Revised Code shall be the sum 702
of the tax due under division (B)(1)(a) or (b) of this section 703
plus the tax due under division (B)(2)(a) or (b) of this section 704
for the first year plus the full amount of the tax provided in 705
section 4503.04 of the Revised Code and the full amount of local 706
motor vehicle license taxes levied under Chapter 4504. of the 707
Revised Code for each succeeding year.708

       (D) Whoever violates this section is guilty of a misdemeanor 709
of the fourth degree.710

       Sec. 4503.191.  (A)(1) The identification license plate shall 711
be issued for a multi-year period as determined by the director of 712
public safety, and shall be accompanied by a validation sticker, 713
to be attached to the license plate. Except as provided in 714
division (A)(2) of this section, the validation sticker shall 715
indicate the expiration of the registration period to which the 716
motor vehicle for which the license plate is issued is assigned, 717
in accordance with rules adopted by the registrar of motor 718
vehicles. During each succeeding year of the multi-year period 719
following the issuance of the plate and validation sticker, upon 720
the filing of an application for registration and the payment of 721
the tax therefor, a validation sticker alone shall be issued. The 722
validation stickers required under this section shall be of 723
different colors or shades each year, the new colors or shades to 724
be selected by the director.725

       (2)(a) Not later than October 1, 2009, the director shall 726
develop a universal validation sticker that may be issued to any 727
owner of two hundred fifty or more passenger vehicles, so that a 728
sticker issued to the owner may be placed on any passenger vehicle 729
in that owner's fleet. The director may establish and charge an 730
additional fee of not more than one dollar per registration to 731
compensate for necessary costs of the universal validation sticker 732
program. The additional fee shall be credited to the state bureau 733
of motor vehicles fund created in section 4501.25 of the Revised 734
Code.735

       (b) A validation sticker issued for an all-purpose vehicle 736
that is registered under Chapter 4519. of the Revised Code or for 737
a trailer or semitrailer that is permanently registered under 738
division (A)(2)(1) of section 4503.103 of the Revised Code or is 739
registered for any number of succeeding registration years may 740
indicate the expiration of the registration period, if any, by any 741
manner determined by the registrar by rule.742

       (B) Identification license plates shall be produced by Ohio 743
penal industries. Validation stickers and county identification 744
stickers shall be produced by Ohio penal industries unless the 745
registrar adopts rules that permit the registrar or deputy 746
registrars to print or otherwise produce them in house.747

       Sec. 4513.02.  (A) No person shall drive or move, or cause or 748
knowingly permit to be driven or moved, on any highway any vehicle 749
or combination of vehicles which is in such unsafe condition as to 750
endanger any person.751

       (B) When directed by any state highway patrol trooper, the 752
operator of any motor vehicle shall stop and submit such motor 753
vehicle to an inspection under division (B)(1) or (2) of this 754
section, as appropriate, and such tests as are necessary.755

       (1) Any motor vehicle not subject to inspection by the public 756
utilities commission shall be inspected and tested to determine 757
whether it is unsafe or not equipped as required by law, or that 758
its equipment is not in proper adjustment or repair, or in 759
violation of the equipment provisions of Chapter 4513. of the 760
Revised Code.761

       Such inspection shall be made with respect to the brakes, 762
lights, turn signals, steering, horns and warning devices, glass, 763
mirrors, exhaust system, windshield wipers, tires, and such other 764
items of equipment as designated by the superintendent of the 765
state highway patrol by rule or regulation adopted pursuant to 766
sections 119.01 to 119.13 of the Revised Code.767

       Upon determining that a motor vehicle is in safe operating 768
condition and its equipment in conformity with Chapter 4513. of 769
the Revised Code, the inspecting officer shall issue to the 770
operator an official inspection sticker, which shall be in such 771
form as the superintendent prescribes except that its color shall 772
vary from year to year.773

       (2) Any motor vehicle subject to inspection by the public 774
utilities commission shall be inspected and tested in accordance 775
with rules adopted by the commission. Upon determining that the 776
vehicle and operator are in compliance with rules adopted by the 777
commission, the inspecting officer shall issue to the operator an 778
appropriate official inspection sticker.779

       (C) The superintendent of the state highway patrol, pursuant 780
to sections 119.01 to 119.13 of the Revised Code, shall determine 781
and promulgate standards for any inspection program conducted by a 782
political subdivision of this state. These standards shall exempt 783
licensed collector's vehicles and historical motor vehicles from 784
inspection. Any motor vehicle bearing a valid certificate of 785
inspection issued by another state or a political subdivision of 786
this state whose inspection program conforms to the 787
superintendent's standards, and any licensed collector's vehicle 788
or historical motor vehicle which is not in a condition which 789
endangers the safety of persons or property, shall be exempt from 790
the tests provided in division (B) of this section.791

       (D) Every person, firm, association, or corporation that, in 792
the conduct of its business, owns and operates not less than 793
fifteen motor vehicles in this state that are not subject to 794
regulation by the public utilities commission and that, for the 795
purpose of storing, repairing, maintaining, and servicing such 796
motor vehicles, equips and operates one or more service 797
departments within this state, may file with the superintendent of 798
the state highway patrol applications for permits for such service 799
departments as official inspection stations for its own motor 800
vehicles. Upon receiving an application for each such service 801
department, and after determining that it is properly equipped and 802
has competent personnel to perform the inspections referred to in 803
this section, the superintendent shall issue the necessary 804
inspection stickers and permit to operate as an official 805
inspection station. Any such person who has had one or more 806
service departments so designated as official inspection stations 807
may have motor vehicles that are owned and operated by the person 808
and that are not subject to regulation by the public utilities 809
commission, excepting private passenger cars owned by the person 810
or the person's employees, inspected at such service department; 811
and any motor vehicle bearing a valid certificate of inspection 812
issued by such service department shall be exempt from the tests 813
provided in division (B) of this section.814

       No permit for an official inspection station shall be 815
assigned or transferred or used at any location other than therein 816
designated, and every such permit shall be posted in a conspicuous 817
place at the location designated.818

       If a person, firm, association, or corporation owns and 819
operates fifteen or more motor vehicles in the conduct of business 820
and is subject to regulation by the public utilities commission, 821
that person, firm, association, or corporation is not eligible to 822
apply to the superintendent for permits to enable any of its 823
service departments to serve as official inspection stations for 824
its own motor vehicles.825

       (E)(1) The superintendent of the state highway patrol, in 826
consultation with the registrar of motor vehicles and in 827
accordance with Chapter 119. of the Revised Code, shall adopt 828
rules governing the inspection of any motor vehicle for which 829
registration or registration renewal is sought in this state that 830
is capable of operating on liquefied petroleum gas, compressed 831
natural gas, liquefied natural gas, or any combination thereof. 832
Inspections under this section shall be for the purpose of 833
determining whether the fuel system installed in any such vehicle 834
is in safe operating condition. The rules shall do all of the 835
following:836

       (a) Establish procedures for the inspection of each motor 837
vehicle that has been converted to or originally manufactured to 838
operate on liquefied petroleum gas, compressed natural gas, 839
liquefied natural gas, or any combination thereof;840

       (b) Establish the time frame for the initial inspection of 841
both of the following:842

       (i) Any motor vehicle that was converted to or originally 843
manufactured to operate on liquefied petroleum gas, compressed 844
natural gas, liquefied natural gas, or any combination thereof 845
prior to the effective date of this amendment and for which 846
registration or registration renewal is sought in this state;847

       (ii) Any motor vehicle that is converted to or originally 848
manufactured to operate on liquefied petroleum gas, compressed 849
natural gas, liquefied natural gas, or any combination thereof 850
after the effective date of this amendment and for which 851
registration or registration renewal is sought in this state.852

       (c) Require a motor vehicle capable of operating on liquefied 853
petroleum gas, compressed natural gas, liquefied natural gas, or 854
any combination thereof to be inspected every three years after 855
the initial inspection of the motor vehicle;856

       (d) Establish an exemption from the initial inspection 857
requirement for a motor vehicle originally manufactured to operate 858
on liquefied petroleum gas, compressed natural gas, liquefied 859
natural gas, or any combination thereof, that is less than three 860
years old, and for which registration or registration renewal in 861
this state is sought. The rules shall require that in order to 862
register or renew the registration of such a vehicle in this state 863
after the three year exemption period has expired, the vehicle 864
shall be inspected.865

       (e) Establish procedures for the issuance of an official 866
inspection sticker and an official inspection certificate for any 867
vehicle that conforms with rules adopted under this section. The 868
rules shall require the sticker and inspection certificate to be 869
valid for three years and to be transferrable.870

       (f) Establish any other procedures or requirements determined 871
by the superintendent to be necessary for the administration of 872
division (E) of this section.873

       (2) A fee of fifty dollars shall be assessed by the state 874
highway patrol for each inspection made pursuant to division (E) 875
of this section. All fees collected under division (E) of this 876
section shall be deposited in the state highway safety fund 877
established under section 4501.06 of the Revised Code.878

       (F) When any motor vehicle is found to be unsafe for 879
operation, the inspecting officer may order it removed from the 880
highway and not operated, except for purposes of removal and 881
repair, until it has been repaired pursuant to a repair order as 882
provided in division (F)(G) of this section.883

       (F)(G) When any motor vehicle is found to be defective or in 884
violation of Chapter 4513. of the Revised Code, the inspecting 885
officer may issue a repair order, in such form and containing such 886
information as the superintendent shall prescribe, to the owner or 887
operator of the motor vehicle. The owner or operator shall 888
thereupon obtain such repairs as are required and shall, as 889
directed by the inspecting officer, return the repair order 890
together with proof of compliance with its provisions. When any 891
motor vehicle or operator subject to rules of the public utilities 892
commission fails the inspection, the inspecting officer shall 893
issue an appropriate order to obtain compliance with such rules.894

       (G)(H) Sections 4513.01 to 4513.37 of the Revised Code, with 895
respect to equipment on vehicles, do not apply to implements of 896
husbandry, road machinery, road rollers, or agricultural tractors 897
except as made applicable to such articles of machinery.898

       (H)(I) Whoever violates this section is guilty of a minor 899
misdemeanor. 900

       Sec. 4513.11.  (A) All vehicles other than bicycles, 901
including animal-drawn vehicles and vehicles referred to in 902
division (G)(H) of section 4513.02 of the Revised Code, not 903
specifically required to be equipped with lamps or other lighting 904
devices by sections 4513.03 to 4513.10 of the Revised Code, shall, 905
at the times specified in section 4513.03 of the Revised Code, be 906
equipped with at least one lamp displaying a white light visible 907
from a distance of not less than one thousand feet to the front of 908
the vehicle, and also shall be equipped with two lamps displaying 909
red light visible from a distance of not less than one thousand 910
feet to the rear of the vehicle, or as an alternative, one lamp 911
displaying a red light visible from a distance of not less than 912
one thousand feet to the rear and two red reflectors visible from 913
all distances of six hundred feet to one hundred feet to the rear 914
when illuminated by the lawful lower beams of headlamps.915

       Lamps and reflectors required or authorized by this section 916
shall meet standards adopted by the director of public safety.917

       (B) All boat trailers, farm machinery, and other machinery, 918
including all road construction machinery, upon a street or 919
highway, except when being used in actual construction and 920
maintenance work in an area guarded by a flagperson, or where 921
flares are used, or when operating or traveling within the limits 922
of a construction area designated by the director of 923
transportation, a city engineer, or the county engineer of the 924
several counties, when such construction area is marked in 925
accordance with requirements of the director and the manual of 926
uniform traffic control devices, as set forth in section 4511.09 927
of the Revised Code, which is designed for operation at a speed of 928
twenty-five miles per hour or less shall be operated at a speed 929
not exceeding twenty-five miles per hour, and shall display a 930
triangular slow-moving vehicle emblem (SMV). The emblem shall be 931
mounted so as to be visible from a distance of not less than five 932
hundred feet to the rear. The director of public safety shall 933
adopt standards and specifications for the design and position of 934
mounting the SMV emblem. The standards and specifications for SMV 935
emblems referred to in this section shall correlate with and, so 936
far as possible, conform with those approved by the American 937
society of agricultural engineers.938

       A unit of farm machinery that is designed by its manufacturer 939
to operate at a speed greater than twenty-five miles per hour may 940
be operated on a street or highway at a speed greater than 941
twenty-five miles per hour provided it is operated in accordance 942
with this section.943

       As used in this division, "machinery" does not include any 944
vehicle designed to be drawn by an animal.945

       (C) The use of the SMV emblem shall be restricted to 946
animal-drawn vehicles, and to the slow-moving vehicles specified 947
in division (B) of this section operating or traveling within the 948
limits of the highway. Its use on slow-moving vehicles being 949
transported upon other types of vehicles or on any other type of 950
vehicle or stationary object on the highway is prohibited.951

       (D)(1) No person shall sell, lease, rent, or operate any boat 952
trailer, farm machinery, or other machinery defined as a 953
slow-moving vehicle in division (B) of this section, except those 954
units designed to be completely mounted on a primary power unit, 955
which is manufactured or assembled on or after April 1, 1966, 956
unless the vehicle is equipped with a slow-moving vehicle emblem 957
mounting device as specified in division (B) of this section.958

       (2) No person shall sell, lease, rent, or operate on a street 959
or highway any unit of farm machinery that is designed by its 960
manufacturer to operate at a speed greater than twenty-five miles 961
per hour unless the unit displays a slow-moving vehicle emblem as 962
specified in division (B) of this section and a speed 963
identification symbol that meets the specifications contained in 964
the American society of agricultural engineers standard ANSI/ASAE 965
S584 JAN2005, agricultural equipment: speed identification symbol 966
(SIS).967

       (E) Any boat trailer, farm machinery, or other machinery 968
defined as a slow-moving vehicle in division (B) of this section, 969
in addition to the use of the slow-moving vehicle emblem, and any 970
unit of farm machinery that is designed by its manufacturer to 971
operate at a speed greater than twenty-five miles per hour, in 972
addition to the display of a speed identification symbol, may be 973
equipped with a red flashing light that shall be visible from a 974
distance of not less than one thousand feet to the rear at all 975
times specified in section 4513.03 of the Revised Code. When a 976
double-faced light is used, it shall display amber light to the 977
front and red light to the rear.978

       In addition to the lights described in this division, farm 979
machinery and motor vehicles escorting farm machinery may display 980
a flashing, oscillating, or rotating amber light, as permitted by 981
section 4513.17 of the Revised Code, and also may display 982
simultaneously flashing turn signals or warning lights, as 983
permitted by that section.984

       (F) Every animal-drawn vehicle upon a street or highway shall 985
at all times be equipped in one of the following ways:986

       (1) With a slow-moving vehicle emblem complying with division 987
(B) of this section;988

       (2) With alternate reflective material complying with rules 989
adopted under this division;990

       (3) With both a slow-moving vehicle emblem and alternate 991
reflective material as specified in this division.992

       The director of public safety, subject to Chapter 119. of the 993
Revised Code, shall adopt rules establishing standards and 994
specifications for the position of mounting of the alternate 995
reflective material authorized by this division. The rules shall 996
permit, as a minimum, the alternate reflective material to be 997
black, gray, or silver in color. The alternate reflective material 998
shall be mounted on the animal-drawn vehicle so as to be visible, 999
at all times specified in section 4513.03 of the Revised Code, 1000
from a distance of not less than five hundred feet to the rear 1001
when illuminated by the lawful lower beams of headlamps.1002

       (G) Every unit of farm machinery that is designed by its 1003
manufacturer to operate at a speed greater than twenty-five miles 1004
per hour shall display a slow-moving vehicle emblem and a speed 1005
identification symbol that meets the specifications contained in 1006
the American society of agricultural engineers standard ANSI/ASAE 1007
S584 JAN2005, agricultural equipment: speed identification symbol 1008
(SIS) when the unit is operated upon a street or highway, 1009
irrespective of the speed at which the unit is operated on the 1010
street or highway. The speed identification symbol shall indicate 1011
the maximum speed in miles per hour at which the unit of farm 1012
machinery is designed by its manufacturer to operate. The display 1013
of the speed identification symbol shall be in accordance with the 1014
standard prescribed in this division.1015

       If an agricultural tractor that is designed by its 1016
manufacturer to operate at a speed greater than twenty-five miles 1017
per hour is being operated on a street or highway at a speed 1018
greater than twenty-five miles per hour and is towing, pulling, or 1019
otherwise drawing a unit of farm machinery, the unit of farm 1020
machinery shall display a slow-moving vehicle emblem and a speed 1021
identification symbol that is the same as the speed identification 1022
symbol that is displayed on the agricultural tractor.1023

       (H) When an agricultural tractor that is designed by its 1024
manufacturer to operate at a speed greater than twenty-five miles 1025
per hour is being operated on a street or highway at a speed 1026
greater than twenty-five miles per hour, the operator shall 1027
possess some documentation published or provided by the 1028
manufacturer indicating the maximum speed in miles per hour at 1029
which the manufacturer designed the agricultural tractor to 1030
operate.1031

       (I) Whoever violates this section is guilty of a minor 1032
misdemeanor.1033

       (J) As used in this section, "boat trailer" means any vehicle 1034
designed and used exclusively to transport a boat between a place 1035
of storage and a marina, or in and around a marina, when drawn or 1036
towed on a street or highway for a distance of no more than ten 1037
miles and at a speed of twenty-five miles per hour or less.1038

       Sec. 5577.044. (A) Notwithstanding sections 5577.02 and 1039
5577.04 of the Revised Code, a vehicle fueled solely by compressed 1040
natural gas or solely by liquid natural gas may exceed by not more 1041
than two thousand pounds the gross vehicle weight provisions of 1042
sections 5577.01 to 5577.09 of the Revised Code or the axle load 1043
limits of those sections.1044

       (B) If a vehicle described in division (A) of this section 1045
exceeds the weight provisions of sections 5577.01 to 5577.09 of 1046
the Revised Code by more than the allowance provided for in 1047
division (A) of this section, both of the following apply: 1048

       (1) The applicable penalty prescribed in section 5577.99 of 1049
the Revised Code; 1050

       (2) The civil liability imposed by section 5577.12 of the 1051
Revised Code. 1052

       (C) Division (A) of this section does not apply to the 1053
operation of a vehicle on either of the following: 1054

       (1) A highway that is part of the interstate system; 1055

       (2) A highway, road, or bridge that is subject to reduced 1056
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08, 1057
5577.09, or 5591.42 of the Revised Code.1058

       Sec. 5735.01.  As used in this chapter:1059

       (A) "Motor vehicles" includes all vehicles, vessels, 1060
watercraft, engines, machines, or mechanical contrivances which 1061
are powered by internal combustion engines or motors.1062

       (B) "Motor fuel" means compressed natural gas and any liquid 1063
motor fuel, including, but not limited to, gasoline, diesel fuel, 1064
K-1 kerosene, or any other liquid motor fuel, including, but not 1065
limited to, liquid petroleum gas, or liquid natural gas, but 1066
excluding substances prepackaged and sold in containers of five 1067
gallons or less.1068

       (C) "K-1 Kerosenekerosene" means fuel that conforms to the 1069
chemical and physical standards for kerosene no. 1-K as set forth 1070
in the americanAmerican society for testing and materials (ASTM) 1071
designated D-3699 "standard for specification for kerosene," as 1072
that standard may be modified from time to time. For purposes of 1073
inspection and testing, laboratory analysis shall be conducted 1074
using methods recognized by the ASTM designation D-3699.1075

       (D) "Diesel fuel" means any liquid fuel capable of use in 1076
discrete form or as a blend component in the operation of engines 1077
of the diesel type, including transmix when mixed with diesel 1078
fuel.1079

       (E) "Gasoline" means any of the following:1080

       (1) All products, commonly or commercially known or sold as 1081
gasoline;1082

       (2) Any blend stocks or additives, including alcohol, that 1083
are sold for blending with gasoline, other than products typically 1084
sold in containers of five gallons or less;1085

       (3) Transmix when mixed with gasoline, unless certified, as 1086
required by the tax commissioner, for withdrawal from terminals 1087
for reprocessing at refineries;1088

       (4) Alcohol that is offered for sale or sold for use as, or 1089
commonly and commercially used as, a fuel for internal combustion 1090
engines.1091

       Gasoline does not include diesel fuel, commercial or 1092
industrial napthas or solvents manufactured, imported, received, 1093
stored, distributed, sold, or used exclusively for purposes other 1094
than as a motor fuel for a motor vehicle or vessel. The blending 1095
of any of the products listed in the preceding sentence, 1096
regardless of name or characteristics, is conclusively presumed to 1097
have been done to produce gasoline, unless the product obtained by 1098
the blending is entirely incapable for use as fuel to operate a 1099
motor vehicle. An additive, blend stock, or alcohol is presumed to 1100
be sold for blending unless a certification is obtained as 1101
required by the tax commissioner.1102

       (F) "Public highways" means lands and lots over which the 1103
public, either as user or owner, generally has a right to pass, 1104
even though the same are closed temporarily by the authorities for 1105
the purpose of construction, reconstruction, maintenance, or 1106
repair.1107

       (G) "Waters within the boundaries of this state" means all 1108
streams, lakes, ponds, marshes, water courses, and all other 1109
bodies of surface water, natural or artificial, which are situated 1110
wholly or partially within this state or within its jurisdiction, 1111
except private impounded bodies of water.1112

       (H) "Person" includes individuals, partnerships, firms, 1113
associations, corporations, receivers, trustees in bankruptcy, 1114
estates, joint-stock companies, joint ventures, the state and its 1115
political subdivisions, and any combination of persons of any 1116
form.1117

       (I)(1) "Motor fuel dealer" means any person who satisfies any 1118
of the following:1119

       (a) The person imports from another state or foreign country 1120
or acquires motor fuel by any means into a terminal in this state;1121

       (b) The person imports motor fuel from another state or 1122
foreign country in bulk lot vehicles for subsequent sale and 1123
distribution in this state from bulk lot vehicles;1124

       (c) The person refines motor fuel in this state;1125

       (d) The person acquires motor fuel from a motor fuel dealer 1126
for subsequent sale and distribution by that person in this state 1127
from bulk lot vehicles;1128

       (e) The person possesses an unrevoked permissive motor fuel 1129
dealer's license.1130

       (2) Any person who obtains dyed diesel fuel for use other 1131
than the operation of motor vehicles upon the public highways or 1132
upon waters within the boundaries of this state, but later uses 1133
that motor fuel for the operation of motor vehicles upon the 1134
public highways or upon waters within the boundaries of this 1135
state, is deemed a motor fuel dealer as regards any unpaid motor 1136
fuel taxes levied on the motor fuel so used.1137

       (J) As used in sections 5735.05, 5735.25, 5735.29, and 1138
5735.30 of the Revised Code only:1139

       (1) With respect to gasoline, "received" or "receipt" shall 1140
be construed as follows:1141

       (a) Gasoline produced at a refinery in this state or 1142
delivered to a terminal in this state is deemed received when it 1143
is disbursed through a loading rack at that refinery or terminal;1144

       (b) Except as provided in division (J)(1)(a) of this section, 1145
gasoline imported into this state or purchased or otherwise 1146
acquired in this state by any person is deemed received within 1147
this state by that person when the gasoline is withdrawn from the 1148
container in which it was transported;1149

       (c) Gasoline delivered or disbursed by any means from a 1150
terminal directly to another terminal is not deemed received.1151

       (2) With respect to motor fuel other than gasoline, 1152
"received" or "receipt" means distributed or sold for use or used 1153
to generate power for the operation of motor vehicles upon the 1154
public highways or upon waters within the boundaries of this 1155
state. All diesel fuel that is not dyed diesel fuel, regardless of 1156
its use, shall be considered as used to generate power for the 1157
operation of motor vehicles upon the public highways or upon 1158
waters within the boundaries of this state when the fuel is sold 1159
or distributed to a person other than a licensed motor fuel dealer 1160
or to a person licensed under section 5735.026 of the Revised 1161
Code.1162

       (K) Motor fuel used for the operation of licensed motor 1163
vehicles employed in the maintenance, construction, or repair of 1164
public highways is deemed to be used for the operation of motor 1165
vehicles upon the public highways.1166

       (L) "Licensed motor fuel dealer" means any dealer possessing 1167
an unrevoked motor fuel dealer's license issued by the tax 1168
commissioner as provided in section 5735.02 of the Revised Code.1169

       (M) "Licensed retail dealer" means any retail dealer 1170
possessing an unrevoked retail dealer's license issued by the tax 1171
commissioner as provided in section 5735.022 of the Revised Code.1172

       (N) "Cents per gallon rate" means the amount computed by the 1173
tax commissioner under section 5735.011 of the Revised Code that 1174
is used to determine that portion of the tax levied by section 1175
5735.05 of the Revised Code that is computed in the manner 1176
prescribed by division (B)(2) of section 5735.06 of the Revised 1177
Code and that is applicable for the period that begins on the 1178
first day of July following the date on which the commissioner 1179
makes the computation.1180

       (O) "Retail dealer" means any person that sells or 1181
distributes motor fuel at a retail service station located in this 1182
state.1183

       (P) "Retail service station" means a location from which 1184
motor fuel is sold to the general public and is dispensed or 1185
pumped directly into motor vehicle fuel tanks for consumption.1186

       (Q) "Transit bus" means a motor vehicle that is operated for 1187
public transit or paratransit service on a regular and continuing 1188
basis within the state by or for a county, a municipal 1189
corporation, a county transit board pursuant to sections 306.01 to 1190
306.13 of the Revised Code, a regional transit authority pursuant 1191
to sections 306.30 to 306.54 of the Revised Code, or a regional 1192
transit commission pursuant to sections 306.80 to 306.90 of the 1193
Revised Code. Public transit or paratransit service may include 1194
fixed route, demand-responsive, or subscription bus service 1195
transportation, but does not include shared-ride taxi service, 1196
carpools, vanpools, jitney service, school bus transportation, or 1197
charter or sightseeing services.1198

       (R) "Export" means motor fuel delivered outside this state. 1199
Motor fuel delivered outside this state by or for the seller 1200
constitutes an export by the seller. Motor fuel delivered outside 1201
this state by or for the purchaser constitutes an export by the 1202
purchaser.1203

       (S) "Import" means motor fuel delivered into this state from 1204
outside this state. Motor fuel delivered into this state from 1205
outside this state by or for the seller constitutes an import by 1206
the seller. Motor fuel delivered into this state from outside this 1207
state by or for the purchaser constitutes an import by the 1208
purchaser.1209

       (T) "Terminal" means a motor fuel storage or distribution 1210
facility that is supplied by pipeline or marine vessel.1211

       (U) "Consumer" means a buyer of motor fuel for purposes other 1212
than resale in any form.1213

       (V) "Bulk lot vehicle" means railroad tank cars, transport 1214
tank trucks and tank wagons with a capacity of at least 1,400 1215
gallons.1216

       (W) "Licensed permissive motor fuel dealer" means any person 1217
possessing an unrevoked permissive motor fuel dealer's license 1218
issued by the tax commissioner under section 5735.021 of the 1219
Revised Code.1220

       (X) "Licensed terminal operator" means any person possessing 1221
an unrevoked terminal operator's license issued by the tax 1222
commissioner under section 5735.026 of the Revised Code.1223

       (Y) "Licensed exporter" means any person possessing an 1224
unrevoked exporter's license issued by the tax commissioner under 1225
section 5735.026 of the Revised Code.1226

       (Z) "Dyed diesel fuel" means any diesel fuel dyed pursuant to 1227
regulations issued by the internal revenue service or a rule 1228
promulgated by the tax commissioner.1229

       (AA) "Gross gallons" means U.S. gallons without temperature 1230
or barometric adjustments.1231

       (BB) "Net gallons" means U.S. gallons with a temperature 1232
adjustment to sixty degrees fahrenheit.1233

       Sec. 5735.012.  Amounts of liquid motor fuel reported under 1234
this chapter shall be measured in gross gallons, except that 1235
amounts reported for terminal to terminal transactions shall be 1236
measured in net gallons and amounts reported for terminal to Ohio 1237
licensed dealer transactions shall be measured in both net gallons 1238
and gross gallons. Amounts of compressed natural gas shall be 1239
measured in gallon equivalents.1240

       Sec. 5735.015. (A) Notwithstanding any other provision of 1241
this chapter, the total combined rate of tax imposed under this 1242
chapter upon the receipt of propane or compressed natural gas 1243
received on or after the first day of the first month after the 1244
effective date of the enactment of this section and before the 1245
first day of the sixty-first month after that effective date shall 1246
be the following:1247

       (1) For propane or compressed natural gas received on or 1248
after the first day of the first month after that effective date 1249
and before the first day of the thirty-seventh month after that 1250
effective date, zero cents per gallon;1251

       (2) For propane or compressed natural gas received on or 1252
after the first day of the thirty-seventh month after that 1253
effective date and before the first day of the forty-ninth month 1254
after that effective date, nine and three-tenths cents per gallon;1255

       (3) For propane or compressed natural gas received on or 1256
after the first day of the forty-ninth month after that effective 1257
date and before the first day of the sixty-first month after that 1258
effective date, eighteen and six-tenths cents per gallon.1259

       (B) All receipts from taxes imposed at the rates described in 1260
divisions (A)(2) and (3) of this section shall be distributed as 1261
follows:1262

       (1) Seventeen twenty-eighths shall be distributed in the same 1263
manner as required for receipts from the tax levied by section 1264
5735.05 of the Revised Code;1265

       (2) Eight twenty-eighths shall be distributed in the same 1266
manner as required for receipts from the tax levied by section 1267
5735.29 of the Revised Code;1268

       (3) Two twenty-eighths shall be distributed in the same 1269
manner as required for receipts from the tax levied by section 1270
5735.25 of the Revised Code;1271

       (4) One twenty-eighth shall be distributed in the same manner 1272
as required for receipts from the tax levied by section 5735.30 of 1273
the Revised Code.1274

       Section 2.  That existing sections 3741.14, 4501.06, 4503.10, 1275
4503.103, 4503.11, 4503.191, 4513.02, 4513.11, 5577.044, 5735.01, 1276
and 5735.012 of the Revised Code are hereby repealed.1277

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