Bill Text: OH HB73 | 2009-2010 | 128th General Assembly | Introduced


Bill Title: To require proof of financial responsibility to be submitted as a condition of registering a motor vehicle.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2009-03-17 - To Insurance [HB73 Detail]

Download: Ohio-2009-HB73-Introduced.html
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 73


Representatives Garrison, Fende 

Cosponsors: Representatives Luckie, Murray, Pryor, Williams, B., Sayre, Letson, Boyd, Chandler, Winburn, Okey, Harris, Bolon, Koziura, Pillich, DeGeeter, Yuko, Balderson, Evans 



A BILL
To amend section 4503.20 of the Revised Code to 1
require proof of financial responsibility to be 2
submitted as a condition of registering a motor 3
vehicle.4


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

       Section 1. That section 4503.20 of the Revised Code be 5
amended to read as follows:6

       Sec. 4503.20.  (A) As used in this section:7

       (1) "Dealer engaged in the business of leasing motor8
vehicles" means any person engaged in the business of regularly9
making available, offering to make available, or arranging for10
another person to use a motor vehicle pursuant to a bailment,11
lease, or other contractual arrangement.12

       (2) "Motor vehicle" hasand "proof of financial 13
responsibility" have the meaningmeanings set forth in section14
4509.01 of the Revised Code.15

       (B) An application for the registration of a motor vehicle16
shall contain a statement, to be signed by the applicant either 17
manually or by electronic signature, that does all of the 18
following:19

       (1) States that the applicant maintains, or has maintained on20
the applicant's behalf, proof of financial responsibility at the 21
time of application, and will not operate a motor vehicle in this 22
state, unless the applicant maintains, with respect to that motor 23
vehicle or the operation of such vehicle, proof of financial 24
responsibility;25

       (2) Contains a brief summary of the purposes and operation of 26
section 4509.101 of the Revised Code, the rights and duties of the 27
applicant under that section, and the penalties for violation of 28
that section;29

       (3) Warns the applicant that the financial responsibility law 30
does not prevent the possibility that the applicant may be31
involved in an accident with an owner or operator of a motor32
vehicle who is without proof of financial responsibility;33

       (4) Is accompanied by proof of financial responsibility 34
demonstrated in a manner described in division (G) of section 35
4509.101 of the Revised Code.36

       (C)(1) A person who purchases any motor vehicle from a37
licensed motor vehicle dealer who agrees to make application for38
registration of the motor vehicle on behalf of the purchaser shall 39
sign statements that comply with divisions (B) and (F) of this40
section. The person also shall submit proof of financial 41
responsibility demonstrated in a manner described in division (G) 42
of section 4509.101 of the Revised Code. The dealer shall submit 43
the statements and proof of financial responsibility to the deputy44
registrar where the dealer has agreed to make application for45
registration on behalf of the person.46

       (2) In the case of a person who leases any motor vehicle from 47
a dealer engaged in the business of leasing motor vehicles who 48
agrees to make application for registration of the motor vehicle 49
on behalf of the lessee, the person shall sign a statement that 50
complies with division (B) of this section, and shall submit proof 51
of financial responsibility demonstrated in a manner described in 52
division (G) of section 4509.101 of the Revised Code. The dealer 53
shall do either of the following:54

       (a) Submit the statement signed by the person and the proof 55
of financial responsibility to the deputy registrar where the 56
dealer has agreed to make application for registration on behalf 57
of the person;58

       (b) SignSubmit the proof of financial responsibility to the 59
deputy registrar, and sign and submit a statement to the deputy 60
registrar that certifies that a statement has been signed and 61
filed with the dealer or incorporated into the lease.62

       The dealer shall submit to the registrar or deputy registrar 63
to whom the dealer submits the application for registration a 64
statement signed by the person that complies with division (F) of 65
this section.66

       (D) The registrar of motor vehicles shall prescribe the form 67
of the statements required under divisions (B), (C), and (F) of68
this section, and the manner or manners in which the statements69
required under divisions (B) and (F) of this section shall be 70
presented to the applicant. Any statement that is required under 71
divisions (B), (C), and (F) of this section shall be designed to72
enable the applicant to retain a copy of it.73

       (E) Nothing within this section shall be construed to excuse 74
a violation of section 4509.101 of the Revised Code. A motor 75
vehicle dealer who makes application for the registration of a 76
motor vehicle on behalf of the purchaser or lessee of the motor 77
vehicle is not liable in damages in any civil action on account of 78
the act of making such application for registration or the content 79
of any such application for registration.80

       (F) In addition to the statements required by divisions (B) 81
and (C) of this section, a person who makes application for 82
registration of a motor vehicle shall be furnished with a form 83
that lists in plain language all the possible penalties to which a 84
person could be subject for a violation of the financial85
responsibility law, including driver's license suspensions; all 86
fees, including nonvoluntary compliance and reinstatement fees; 87
and vehicle immobilization or impoundment. The person shall read 88
the form and either manually or by electronic signature sign the 89
form, which shall be submitted along with the application for 90
registration as provided in this section. The form shall be 91
retained by the registrar or deputy registrar who issues the motor 92
vehicle registration or the registrar's or deputy registrar's 93
successor for a period of two years from the date of issuance of 94
the registration.95

       (G) Upon the registration of a motor vehicle, the owner of 96
the motor vehicle is deemed to have agreed to the production of 97
proof of financial responsibility by the owner or the operator of 98
the motor vehicle, upon the request of a peace officer or state 99
highway patrol trooper made in accordance with division (E)(D)(2) 100
of section 4509.101 of the Revised Code.101

       (H) The registrar shall adopt rules governing the renewal of102
motor vehicle registrations by electronic means and the completion 103
and submission of statements that comply with divisions (B) and 104
(F) of this section. The registrar shall adopt the rules 105
prescribed by this division in accordance with Chapter 119. of the 106
Revised Code.107

       Section 2. That existing section 4503.20 of the Revised Code 108
is hereby repealed.109

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