Bill Text: OH HB318 | 2013-2014 | 130th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To alter the statutory procedures governing motor vehicle shows, to permit the display of new motor vehicles for charitable purposes, and to clarify the law governing the retail sale of utility and certain other trailers.
Spectrum: Slight Partisan Bill (Republican 48-16)
Status: (Passed) 2014-12-19 - Governor' Action [HB318 Detail]
Download: Ohio-2013-HB318-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To alter the statutory procedures governing motor vehicle shows, to permit the display of new motor vehicles for charitable purposes, and to clarify the law governing the retail sale of utility and certain other trailers.
Spectrum: Slight Partisan Bill (Republican 48-16)
Status: (Passed) 2014-12-19 - Governor' Action [HB318 Detail]
Download: Ohio-2013-HB318-Introduced.html
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Representatives Roegner, O'Brien
Cosponsors:
Representatives Lynch, Becker, Thompson, Wachtmann, Hood, Ruhl
To amend sections 4503.312 and 4517.22 of the Revised | 1 |
Code to permit a new motor vehicle dealer to | 2 |
display new motor vehicles at a location other | 3 |
than the dealer's licensed location if such | 4 |
display is for an educational institution, to | 5 |
alter the statutory procedures governing motor | 6 |
vehicle shows, and to clarify the law governing | 7 |
the retail sale of utility and certain other | 8 |
trailers. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4503.312 and 4517.22 of the Revised | 10 |
Code be amended to read as follows: | 11 |
Sec. 4503.312. As used in this section: | 12 |
(A) "Utility trailer" means any trailer, except a travel | 13 |
trailer or trailer for transporting watercraft, having a gross | 14 |
weight of less than four thousand pounds. | 15 |
(B) "Snowmobile" and "all-purpose vehicle" have the same | 16 |
17 |
(C) "Distributor" means any person authorized by a | 18 |
manufacturer of utility trailers or trailers for transporting | 19 |
motorcycles, snowmobiles, or all-purpose vehicles to distribute | 20 |
new trailers to persons for purposes of resale. | 21 |
A manufacturer | 22 |
trailers or trailers for transporting motorcycles, snowmobiles, or | 23 |
all-purpose vehicles may apply for registration with the registrar | 24 |
of motor vehicles for each place in this state where the | 25 |
manufacturer | 26 |
business of manufacturing | 27 |
such trailers. Applications for annual registration shall be made | 28 |
at the time provided for payment of the tax imposed by section | 29 |
4503.09 of the Revised Code; shall be in the manner to be | 30 |
prescribed by the registrar; and shall be accompanied by an | 31 |
affidavit certifying that the applicant is a manufacturer | 32 |
distributor, or retail seller of utility trailers or trailers for | 33 |
transporting motorcycles, snowmobiles, or all-purpose vehicles. | 34 |
The fee for such registration shall be twenty-five dollars and | 35 |
shall not be reduced when the registration is for a part of a | 36 |
year. | 37 |
Upon the filing of the application and affidavit, and payment | 38 |
of the fee and appropriate postage as required by the registrar, | 39 |
the registrar shall assign to the applicant a distinctive number | 40 |
which shall be displayed on the rear of each trailer when it is | 41 |
operated on the public highway. Any trailer for transporting | 42 |
motorcycles, snowmobiles, or all-purpose vehicles that is not | 43 |
loaded may be operated on the public highway until it is sold or | 44 |
transferred; and any utility trailer that is not loaded, or that | 45 |
is being used to transport another utility trailer for purposes of | 46 |
demonstration or delivery, may be operated on the public highway | 47 |
until it is sold or transferred. | 48 |
At the time the registrar assigns the distinctive number, the | 49 |
registrar shall furnish one placard with the number thereon. The | 50 |
manufacturer | 51 |
reasonable number of certified copies of the registration | 52 |
certificate upon the payment of a fee of five dollars and postage. | 53 |
With each of such certified copies, the registrar shall furnish | 54 |
one placard with the same number provided in the original | 55 |
registration certificate, and shall add thereto such special | 56 |
designation as necessary to distinguish one set of placards from | 57 |
another. All placards furnished by the registrar pursuant to this | 58 |
section shall be so marked as to be distinguishable from placards | 59 |
issued to dealers in or manufacturers of motor vehicles or | 60 |
trailers for transporting watercraft. | 61 |
The fees collected by the registrar pursuant to this section | 62 |
shall be paid into the state bureau of motor vehicles fund | 63 |
established by section 4501.25 of the Revised Code and used for | 64 |
the purposes described in that section. | 65 |
Sec. 4517.22. (A) As used in this section: | 66 |
(1) "General market area" means a reasonable contiguous | 67 |
geographical area established by a motor vehicle show | 68 |
representative that is based upon the size of the show and that | 69 |
does not unreasonably exclude any licensed new motor vehicle | 70 |
dealer selling the same line-make as another licensed new motor | 71 |
vehicle dealer located within the area. | 72 |
(2) "Gross vehicle weight" means the unladen weight of a | 73 |
motor vehicle fully equipped. | 74 |
(3) "Livestock trailer" means a new or used trailer designed | 75 |
by its manufacturer to be used to transport horses or to transport | 76 |
animals generally used for food or in the production of food, | 77 |
including cattle, sheep, goats, rabbits, poultry, swine, and any | 78 |
other animals included by the director of agriculture in rules | 79 |
adopted under section 901.72 of the Revised Code. | 80 |
(4) "Major livestock show" means any show of livestock that | 81 |
is held at the Ohio state fairgrounds, is national in scope, and | 82 |
that continues for more than ten consecutive days. | 83 |
(5) "Show representative" means a sponsor, promoter, or | 84 |
representative of a group of motor vehicle dealers who acts on | 85 |
behalf of the group and is responsible for the coordination of a | 86 |
motor vehicle show. | 87 |
(6) "Truck" has the same meaning as in section 4511.01 of the | 88 |
Revised Code. | 89 |
(B) Any group of licensed new motor vehicle dealers may | 90 |
display motor vehicles at a motor vehicle show within the general | 91 |
market area allocated to a licensed new motor vehicle dealer, | 92 |
whenever | 93 |
(1) The primary purpose of the motor vehicle show is the | 94 |
exhibition of competitive makes and models of motor vehicles to | 95 |
provide the general public the opportunity to review and inspect | 96 |
various makes and models of motor vehicles at a single location | 97 |
contemporaneously for a period not to exceed fourteen days; | 98 |
(2) Not less than thirty days before the planned opening date | 99 |
of the motor vehicle show, the | 100 |
executes and | 101 |
the registrar of motor vehicles an affidavit, in a form prescribed | 102 |
by the registrar, that certifies that all requirements of this | 103 |
section have been or will be met, as applicable. | 104 |
If the registrar approves the affidavit, the registrar shall | 105 |
grant the show representative permission to conduct the motor | 106 |
vehicle show. If the registrar determines that there is a | 107 |
deficiency in the affidavit, the registrar shall inform the show | 108 |
representative of the deficiency as soon possible after the | 109 |
registrar receives the affidavit so that the show representative | 110 |
has the opportunity to remedy the deficiency. The registrar also | 111 |
shall describe with specificity the measures the show | 112 |
representative is required to take in order to cure the | 113 |
deficiency. The show representative shall return the corrected | 114 |
affidavit to the registrar not later than fourteen days before the | 115 |
planned opening date of the motor vehicle show in order for the | 116 |
show representative to be eligible to hold the show. If the | 117 |
registrar finds that the deficiency has been cured in the | 118 |
corrected affidavit, the registrar shall grant the show | 119 |
representative permission to conduct the motor vehicle show. If | 120 |
the registrar finds that the deficiency has not been cured, the | 121 |
registrar shall deny the show representative permission to conduct | 122 |
the motor vehicle show. | 123 |
| 124 |
consummated at the location of a motor vehicle show. | 125 |
| 126 |
representative shall offer by mail an invitation to all new motor | 127 |
vehicle dealers dealing in competitive types of motor vehicles in | 128 |
the general market area to participate and display motor vehicles | 129 |
in the show. The | 130 |
invitation to manufacturers or distributors. A copy of each | 131 |
invitation shall be retained by the | 132 |
for at least one year after the show. | 133 |
| 134 |
135 | |
only one motor vehicle is displayed, | 136 |
show shall be held unless the manufacturer or distributor | 137 |
executes and
| 138 |
not less than thirty days before the show an affidavit, in a form | 139 |
prescribed by the registrar, that certifies that all requirements | 140 |
of this section have been or will be met, as applicable. | 141 |
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143 | |
144 | |
shall contain a statement that during the motor vehicle show or | 145 |
during the time a motor vehicle otherwise is displayed under this | 146 |
section no attempt | 147 |
provisions of sections 4517.01 to 4517.45 of the Revised Code. | 148 |
| 149 |
as prohibiting the taking of orders for nonmotorized recreational | 150 |
vehicles as defined in section 4501.01 of the Revised Code at | 151 |
sports or camping shows. | 152 |
| 153 |
motor vehicle auction owner, or distributor licensed under | 154 |
sections 4517.01 to 4517.45 of the Revised Code shall display a | 155 |
motor vehicle at any place except the dealer's, owner's, or | 156 |
distributor's licensed location, unless the dealer, owner, or | 157 |
distributor first obtains permission from the registrar and | 158 |
complies with the applicable rules of the motor vehicle dealers | 159 |
board. | 160 |
| 161 |
as prohibiting the display of, the taking of orders for, or the | 162 |
sale of, livestock trailers at livestock and agricultural shows, | 163 |
including county fairs. Notwithstanding section 4517.03 of the | 164 |
Revised Code, livestock trailers may be sold at livestock and | 165 |
agricultural shows, including county fairs, as permitted by this | 166 |
division. | 167 |
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| 175 |
contracts may be signed, deposits taken, and sales consummated at | 176 |
the location of a motor vehicle show where the motor vehicles | 177 |
involved are horse trailers or towing vehicles that are trucks and | 178 |
have a gross vehicle weight of more than three-quarters of a ton, | 179 |
the motor vehicle show is being held as part of or in connection | 180 |
with a major livestock show, the licensed new motor vehicle | 181 |
dealers involved have complied with the applicable requirements of | 182 |
this section, and the registrar has granted permission for the | 183 |
motor vehicle show in accordance with division | 184 |
section. | 185 |
| 186 |
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| 194 |
motor vehicle motor vehicle dealer may display more than one new | 195 |
motor vehicle at a location other than the dealer's licensed | 196 |
location, and permit test drives to be taken at the location of | 197 |
the display, if the dealer executes and files with the registrar | 198 |
an affidavit not less than fourteen days before the first day of | 199 |
the display. The affidavit shall be in a form prescribed by the | 200 |
registrar, and the dealer shall file a statement with the | 201 |
affidavit attesting to the location of the display and the number | 202 |
of vehicles that will be included in the display. The affidavit | 203 |
shall certify to the registrar all of the following: | 204 |
(a) The display is promoted by a motor vehicle manufacturer | 205 |
for the benefit of an educational institution. | 206 |
(b) The display will be held on the grounds of that | 207 |
educational institution. | 208 |
(c) Any donations made by the manufacturer to the educational | 209 |
institution will be based on a per test drive basis. | 210 |
(d) No contracts will be signed, deposits taken, or sales | 211 |
consummated at the location of the display. | 212 |
(e) The display will occur in the county where the dealer is | 213 |
licensed or in a contiguous county. | 214 |
(f) The display will continue for not more than three days, | 215 |
and all days will be consecutive. | 216 |
(2) A dealer shall maintain all records of a display held | 217 |
pursuant to division (K)(1) of this section, including a copy of | 218 |
the affidavit, for a period of three years. Upon request of the | 219 |
registrar or an authorized agent of the registrar, the records | 220 |
shall be made available for reasonable inspection or shall be | 221 |
provided to the registrar or the authorized agent. The records | 222 |
shall include the location and dates of the display. | 223 |
(3) A dealer may display motor vehicles pursuant to division | 224 |
(K)(1) of this section for a total of not more than five days per | 225 |
calendar year. | 226 |
(L) Whoever violates this section is guilty of a misdemeanor | 227 |
of the fourth degree. | 228 |
Section 2. That existing sections 4503.312 and 4517.22 of | 229 |
the Revised Code are hereby repealed. | 230 |