Cash 4 Clunkers
Registration Verification Is Now Available For Immediate
Response
Dealers may sign into
online services and click on "cash for clunkers
registration verification" and a letter for immediate
printing will be available for all qualified persons.
NOTE:
Information used to determine eligibility for
registration verification can only be discussed with the
registrant. Registrants may call
1-800-589-8247.
CAR Allowance Rebate System (CARS)
Recently, the federal program,
CAR Allowance Rebate System (CARS) was implemented to
help consumers buy or lease a more
environmentally-friendly vehicle from a participating
dealer when they trade in a less fuel-efficient car or
truck. The program is designed to energize the economy;
boost auto sales and put safer, cleaner and more
fuel-efficient vehicles on the nation's roadways.
Motor Vehicle Dealers Board Proposed Rule Amendments
The Motor Vehicle
Dealers Board is proposing changes to several Ohio
Administrative Code rules that would apply to Ohio Motor
Vehicle Dealers. A complete list of the rules and the
proposed amendments can be obtained by visiting Register
of Ohio at:
www.registerofohio.state.oh.us.
Click on filing agency, select 4501-DEPT OF PUBLIC
SAFETY, click on proposed rules, and select search. A
public hearing was held on December 18, 2008. The
amended rules were re-filed with the Joint Committee on
Agency Rule Review (JCARR) on January 6, 2009. A hearing
before JCARR has been rescheduled for January 28, 2009
at 2:30 p.m. in Statehouse room 121 (William McKinley
Room).
The hearing proceeded as scheduled. Updates will be
posted as they become available.
Important Reminder from
Keith Wilson, Ohio Department of Taxation
Effective Tuesday, July 1, 2008, a
dealer who collects tax from a non resident, will pay sales tax directly to the
Clerks of Courts of Common Pleas Title Office when applying for title.
Previously, Dealers were filing and paying on the Ohio Business Gateway (OBG) or
paying through the Treasurer of State's office by ACH Credit. Dealers should be
advised that they are NOT to use OBG or the Treasurer's office for any
filings or payments for periods after June 30, 2008.
Dealer-Type Change
Procedures
Dealers who change their dealer designation (i.e. new to
used) are required to notify the Dealer Licensing Section of the Bureau of Motor
Vehicles within 15 days of the change, pursuant to Ohio Revised Code 4517.23.
Complete form BMV 4443. (available through download forms) This form may also
be used if changing the business name and/or address.
Persons who engage in selling at retail, displaying, offering
for sale or dealing in new motor vehicles without a contract agreement with the
manufacturer or distributor are in violation of the Ohio Revised code and are
subject to suspension or revocation by the Motor Vehicle Dealer Board.
Important Information When
Changing from selling “new” to “used”
Salespersons licenses must be transferred to the new permit. Complete form
BMV 4301 or sign on to the Dealer Licensing Website to check the status,
transfer or cancel a salespersons license.
www.OhioAutoDealers.com
Online Services/Dealer Licensing Menu/Salespersons Services.
If there are additional questions, please call the Dealer
Licensing Section at 614-752-7636.
4501:1-3-03 Sign required to identify place of business.
(A) No applicant
shall be issued a license unless his application shall show the business for
which the license is sought is equipped with a suitable sign, properly
maintained and prominently displayed, and permanent, identifying the ownership
of said business in the same name in which the application is filed. Sign
letters identifying the business shall be no less than six inches high unless
otherwise approved by the registrar.
(B) No motor
vehicle dealer or auction owner or its agent or representative shall alter the
physical conditions of the established place of business so that it is not in
compliance with the requirements of Chapter 4517. of the Revised Code
.
4501:1-3-08 Place of business required for used motor vehicle
dealers.
(A) A used motor
vehicle dealer shall have an established place of business which shall include a
lot of no less than three thousand five hundred square feet, not including
driveways, with adequate ground cover of a hard surface to prevent the
collection of dust, mud, water or other unsightly conditions and shall be
separated from any other business or residence with a permanent physical
barrier. There shall be a permanent, usable structure on the premises, including
an easily accessible office of no less than one hundred eighty square feet of
usable office area which shall include, at minimum, heating that is sufficient
and reasonable for a retail office environment, electric lighting, a telephone
in service used and identified exclusively for the dealership’s business, a
desk, three chairs and a filing cabinet, all of which shall be kept in a neat
and orderly fashion. The structure shall be occupied by the dealership and
staffed by a person who is licensed and regulated under Chapter 4517. of the
Revised Code and could reasonably assist any retail customer with or without an
appointment. The dealership shall be easily accessible from a public roadway and
shall be identifiable as a motor vehicle dealership to the public and open for
business. The business hours shall be prominently posted on the premises.
(B) No motor
vehicle dealer or auction owner or its agent or representative shall alter the
physical conditions of the established place of business so that it is not in
compliance with the requirements of Chapter 4517. of the Revised Code.
(C) The
requirements for an established place of business for used motor vehicle
dealership shall be construed to the end that any customer may, without an
appointment, visit the establishment and view its motor vehicle inventory.
(D) A facility
shall be considered an established place of business for used motor vehicle
dealership when the primary business consists of displaying and offering motor
vehicles for sale, lease, or rent so long as it meets all of the requirements of
this rule with regard to a used motor vehicle dealership.
(E) A permanent
physical barrier is a metal, brick, stone, concrete, wood, heavy plastic, or
heavy support cable that is of sufficient composition that it will not
significantly deteriorate over time, and cannot be moved or removed. It shall be
of sufficient strength and durability to stop or at minimum, inhibit normal
vehicular and pedestrian traffic. It shall clearly delineate a separation
between a residence or an unrelated business and the beginning of the
dealership’s established place of business. If such separation is required, it
shall be properly maintained during the entire period for which a used motor
vehicle dealership license is held.
Canceling Dealer Permit Procedures
Dealers who change their status including canceling their
motor vehicle dealer license are required to notify the Dealer Licensing Section
of the Bureau of Motor Vehicles within 15 days after the change pursuant to
Section 4517.23 of the Ohio Revised Code. Written notification may be mailed
to: Dealer Licensing Section, Bureau of Motor Vehicles, POB 16521,
1970 W. Broad Street, Columbus,
Ohio 43223 or you may fax to 614-752-7220.
Persons who engage in selling at retail, displaying, offering
for sale or dealing in new motor vehicles without a contract agreement with the
manufacturer or distributor are in violation of the Ohio Revised code and are
subject to suspension or revocation by the Motor Vehicle Dealer Board.
Important Information When
Canceling a Dealers License
-
Dealer plates – The
cancellation notification may include a statement that all dealer plates
have been destroyed, or the plates, accompanied by a list of any plates that
have been lost may be returned to the Dealer Licensing Section for proper
destruction.
If there are additional questions, please call the Dealer
Licensing Section at 614-752-7636.
Ohio ADMINISTRATIVE Code Section 4501:1-3
Rule Changes
4501:1-3-02 (Place of
business required for manufactured home broker)
(A) A manufactured home
broker shall have an established place of business that shall include an office
that is permanent in nature, with office equipment and supplies that are
sufficient to assist in conducting the business of brokering manufactured homes
year round. The office shall have, at minimum, a landline telephone
number (not a cellular phone) in service at all times, and used at
the dealership, that is listed in the local telephone directory as, and
answered in the name of, the manufactured home broker, electric lighting,
and heating that is sufficient and reasonable for a retail office
environment. An established place of business that is used for brokering
previously owned manufactured homes shall be considered used exclusively for
that purpose even though its facility is located in a manufactured home park or
office complex, and even though rent and other activities related to operating a
manufactured home park take place at the same location.
(B) The office shall be
clearly identified, easily accessible, and open to the public, during
generally accepted business hours, at least thirty hours each week a
minimum of thirty hours a week, at least six of which shall occur Monday through
Friday from
seven a.m. to five p.m.
The office shall be kept neat and orderly at all times, and shall not be used as
a storage or other utility area. The office shall be separate from a personal
residence.
(C) The business hours
shall be legible and posted in a conspicuous place near the entrance of the
office.
(D) The
office shall be staffed at all posted hours by an owner, partner, officer or
licensed salesperson.
4501:1-3-04
(Dealer and manufactured home broker required to maintain records)
(A) A motor vehicle dealer,
a motor vehicle auction owner, a manufactured home broker, and a motor vehicle
distributor shall maintain the following records of all motor vehicles
purchased, leased and sold:
(1) Name and address of
the previous owner;
(2) Serial number (vehicle
identification number);
(3) Title number, county
and state;
(4) Year and make of said
vehicle;
(5) A purchase agreement
for each vehicle sold, which shall include a description of the vehicle, the
name and address of the purchaser, the sales price, the odometer reading and may
include the dealer's or broker's permit number;
(6) Lease contracts and
security agreements;
(7) Odometer disclosure
statement for each vehicle, except that a manufactured home broker is not
required to generate or keep this record;
(8) A record of temporary
tags sold on each vehicle except that a manufactured home broker is not required
to generate or keep this record.
(B) Records must be
maintained and easily accessible for a period of three years by those holding a
license granted under Chapter 4517. of the Revised Code and by any person who
held a license and has since gone out of business.
(C) The business records
shall be open for reasonable inspection by the registrar or his authorized
agent.
4501:1-3-11 (Dealer
required to maintain net worth)
No dealer shall be issued a
motor vehicle dealer's license or permitted to operate under a such license
unless the dealer has a net worth, verifiable upon request by the Registrar,net
worth in the sum of ten at least seventy-five thousand
dollars.
4501:1-3-32 (Place of
business required for motor vehicle leasing dealerships)
(A) A motor vehicle leasing
dealer who makes motor vehicles available for personal, family, or household use
by another in the manner described in the definition of "motor vehicle leasing
dealer" contained in section 4517.01 of the Revised Code shall have an easily
recognizable established place of business with an office that is used
exclusively for leasing motor vehicles. A place of business shall be considered
as used exclusively for leasing motor vehicles for personal, family, or
household use even though a business operated as a new motor vehicle dealership,
a used motor vehicle dealership, or a motor vehicle renting dealership, as
defined in section 4549.01 of the Revised Code, is located at the place of
business.
(B) The office shall be
separated from any residence by a permanent physical barrier and contain no
less than one hundred eighty square feet of usable, interior office area
excluding restroom, storage, or utility space. and The office
shall be kept neat and orderly at all times and shall not be used as a
storage of other utility area. At minimum, the The office
shall have, at minimum, a desk, filing cabinet, three chairs, heat and
electric lighting that is sufficient and reasonable for an office environment,
a telephone in service at all times with the number listed in the name
of the leasing dealership in a local directory and answered in the name of the
leasing dealer. The leasing dealership shall maintain at all times the
capability to send and receive and answered in the name of the motor
vehicle dealer, a facsimile machine in service during normal business
hours, a desk, filing cabinet, three chairs, and heat and electric lighting that
is sufficient and reasonable for an office environment. The office shall not be
used as a storage or other utility area. The motor vehicle dealership
license and a list of all licensed salespersons shall be conspicuously posted.
The requirements of this paragraph shall not be in addition to those required of
a new or used motor vehicle dealership.
(C) The office shall be
clearly identified, easily accessible and open to any person desiring to lease a
motor vehicle for personal, family, or household use. The business shall be
open a minimum of thirty hours per week, at least six of which shall occur
Monday through Friday, from seven a.m. to five p.m. The name of the motor
vehicle leasing dealership and the office business hours shall be
legible and shall be posted in a conspicuous place where the general public has
access, at or near the entrance to the building, and at or near the entrance to
the office, if the two places are not the same.
(D) The
office shall be staffed during the posted hours by a sole proprietor, partner,
president of a corporation, member of a limited liability company, trustee of a
business trust, an equivalent natural person affiliated with some other kind of
legally constituted business organization, or a licensed salesperson.
4501:1-3-33 (Place of
business required for motor vehicle auction owner)
(A) A motor vehicle auction
owner shall have an established place of business with an office area that is
permanent in nature. The office shall have, at minimum, a landline
telephone number (not a cellular phone) in service at all times, used
at the auction facility's offices, that is listed in the local telephone
directory as, and answered in the name of, the motor vehicle auction owner,
electric lighting, and heating that is sufficient and reasonable for an office
environment. An established place of business that is used for auctioning motor
vehicles shall also have at least one area under permanent roof that is large
enough that motor vehicles may be moved through and where such motor vehicles
may be offered at auction.
(B) The established place
of business for an auction owner's license shall be separated by a permanent
physical barrier, as defined in rule 4501:1-3-08 of the Administrative Code,
from any home or personal residence, motor vehicle dealership, salvage motor
vehicle dealership, salvage motor vehicle auction, and salvage motor vehicle
pool.
(C) An established place of
business that is used for auctioning motor vehicles shall be considered used
exclusively for that purpose even though its facilities may be incidentally used
for conducting a public auction of repossessed motor vehicles.
(D) The office and auction
area shall be clearly identified, easily accessible and open for business
during business hours. a minimum of twenty hours per week, at least ten
of which shall occur Monday through Friday from
nine a.m. to five p.m.
It shall be open to the general public only when a public auction of repossessed
motor vehicles is being conducted. The office and auction area shall be kept
neat and orderly at all times, and shall not be used as a general storage
area or other utility area.
(E) The business hours
shall be legible and posted in a conspicuous place near the entrance of the
auction owner's licensed premises.
(F) Every auction owner
licensed under Chapter 4517. of the Revised Code shall notify the registrar of
motor vehicles in writing within fifteen days of any change in status of: (1)
name; (2) location; and (3) personnel of owner, partners, officers, or
directors.
TITLING 3-WHEEL
VEHICLES
EFFECTIVE SEPTEMBER 23, 2008
September 18, 2008 -
House Bill 562 made a
change in the definition of “Motorcycle”. ORC 4511.01 (C) "Motorcycle" means
every motor vehicle, other than a tractor, having a SEAT or saddle for the
use of the operator and designed to travel on not more than three wheels in
contact with the ground, including, but not limited to, motor vehicles known
as "motor-driven cycle," "motor scooter," or "motorcycle" without regard to
weight or brake horsepower.
An increasing number of
Motor Vehicle Manufacturers are designing a wide variety of vehicles that
have three wheels, a bench or bucket seat, a steering wheel, and are
enclosed. Some of the new vehicles are gasoline powered and some are
electric. Most of these three-wheel vehicles meet the federal definition of
a motorcycle and the federal safety standards. Until now, due to the bench
seat, we had not considered titling them or registering them as Motorcycles.
The Title offices will begin on September 23, 2008 to title any three-wheel
motor vehicles that meet the federal and the Ohio House Bill 562
definitions, for “motorcycle when presented with proper evidence.
The operators of these
vehicles must comply with Ohio’s motor vehicle Laws, including our helmet
law. The driver must be properly licensed to operate the vehicle and have a
motorcycle license or a motorcycle endorsement on their valid operator’s
license, and they must meet Ohio’s financial responsibility laws.
** IMPORTANT ** ** IMPORTANT ** ** IMPORTANT **
Attention: All Participating Dealers of the 2008
Ohio
Quarter Horse Congress Show
All salespersons must be
licensed before they may offer for sale or sell at the Quarter Horse
Congress Show.
No salespersons license can be
issued until after an application, fee and results of a BCI & I background check
(electronic Web-check or fingerprint card for out-of-state applicants) are
received and approved by the Dealer Licensing Section.
Due to the extremely high
volume of background checks being performed by BCI & I the background results
may take up to 30 days for us to receive so apply today!
Applications (BMV 4301)
may be downloaded and locations of electronic fingerprinting agencies can be
obtained from our Web site
www.OhioAutoDealers.com.
Fingerprint cards may be requested by calling the Dealer Licensing Section at
(614) 752-7636.
9/5/08
|
FOR IMMEDIATE RELEASE: July 31, 2008
Contact:
Tom Hunter, ODPS Communications Director
(614) 466-6178
VEHICLE REGISTRATION PROCEDURE CHANGE POSTPONED
(COLUMBUS)
– The
Ohio Bureau of Motor Vehicles (BMV) is bumping back the implementation of
measures to reduce the possibility for fraudulent motor vehicle
registrations to allow businesses owners and motorists additional lead time
to understand the process.
The changes, which were
scheduled to take effect Friday, August 1, impact first time vehicle
registrations and renewal transactions being completed at an Ohio BMV Deputy
Registrar Agency, and registrations being completed through the power of
attorney process. The revised operational procedures are now tentatively
scheduled to take effect in mid-August.
"While we have a responsibility
to ensure that documents issued by the Ohio Bureau of Motor Vehicles are of the
highest standard and utmost reliability, we also have a responsibility to ensure
the motoring public and our business community understands the law," said Ohio
Department of Public Safety Director Henry Guzmán. "These requirements are steps
to prevent fraud and protect our customers, so it’s critical that businesses and
constituents have ample time to adjust to this operational change at the Ohio
BMV."
More information about
the vehicle registration process is available online at:
www.bmv.ohio.gov
(www.bmv.ohio.gov/vehicle_registration/vr_info.htm)
OHIO BMV TO CHANGE VEHICLE
REGISTRATION PROCEDURE
Move aims to increase security
(COLUMBUS) – Effective August
1, 2008, the Ohio Bureau of Motor Vehicles (BMV) is implementing new
measures to reduce the possibility for fraudulent motor vehicle
registrations.
“We have a responsibility to
ensure that documents issued by the Ohio Bureau of Motor Vehicles are of the
highest standard and utmost reliability,” said Ohio Department of Public
Safety Director Henry Guzmán. “This is an issue that impacts the safety and
security of all Ohioans from a Homeland Security perspective to the safety
of law enforcement officers, the motoring public and even keeping fake IDs
out of the hands of minors.”
Individuals acquiring a
first-time vehicle registration or completing a renewal will be required to
present the vehicle owner’s Ohio driver license or State of Ohio ID card. If
one of these documents is not presented, the individual will be required to
present two documents from the BMV
Acceptable Documents list, which can be
viewed online at
http://bmv.ohio.gov/driver_license/aid.htm. One of the documents
must prove the Ohio driver license number, State of Ohio ID card number or
Social Security number (SSN). If the vehicle owner does not have an Ohio
driver license or State of Ohio ID, a state-issued license or state-issued
ID card from another state will be accepted along with one document from the
BMV
Acceptable Documents list.
A person authorized to register a
vehicle on behalf of another is a “Person Granted Authority,” or PGA. To
register a vehicle, the PGA will be required to present an Ohio driver
license or State of Ohio ID card for themselves as well as provide the
vehicle owner’s Ohio driver license number or State of Ohio ID card number
on BMV Form
5736 (will be available online at
http://bmv.ohio.gov/misc/bmv_forms.htm or at all Deputy Registrar
locations). The BMV
5736 must be filled out completely and signed by the
vehicle owner when a PGA is used to register a vehicle. If the vehicle
owner’s information that is provided on the form cannot be verified in the
BMV computer system, copies of the vehicle owner’s documents proving the
information will be required. In all cases, the PGA must present
documentation that proves their identification, copies will not be accepted.
If either the PGA or vehicle owner does not have an Ohio driver license or
State of Ohio ID card, documents issued in another state will be accepted
along with one other document from the BMV
Acceptable Documents list.
If the vehicle to be registered
is to be used for hire or principally in connection with an established
business, the BMV will obtain the vehicle owner’s federal tax identification
number (TIN) in place of the driver license, state ID or Social Security
number. Couriers for licensed motor vehicle dealerships registering a motor
vehicle on behalf of the dealer must present their Ohio driver license or
State of Ohio ID card as well as provide the TIN for the business. If the
courier does not have an Ohio driver license or State of Ohio ID card,
documents issued in another state will be accepted along with one other
document from the BMV
Acceptable Documents list or in accordance with
federal requirements.
In any of these situations, if
acceptable documents
cannot be provided, the BMV will deny the registration
application. Detailed information about the vehicle registration process can
be found online from the following location on the Ohio BMV Web site:
http://bmv.ohio.gov/vehicle_registration/vr_info.htm.
“We realize these changes will
require some of our customers, including auto dealerships and attorneys, to
provide additional documentation when registering a vehicle, but we feel it
will enhance the security of the process and help protect our customers,”
said Ohio BMV Registrar Mike Rankin.
|
|
Important Reminder from Keith Wilson, Ohio Department of Taxation
Effective
Tuesday, July 1, 2008, a dealer who collects tax from a non resident,
will pay sales tax directly to the Clerks of Courts of Common Pleas Title
Office when applying for title. Previously, Dealers were filing and paying
on the Ohio Business Gateway (OBG) or paying through the Treasurer of
State's office by ACH Credit. Dealers should be advised that they are NOT
to use OBG or the Treasurer's office for any filings or payments for periods
after Monday, June 30, 2008.
Visit the
Department of Taxation's Web site (tax.ohio.gov)
to view the information release:
ST 2007-04 - Sales
and Use Tax: Sales of Motor Vehicles to Nonresidents of Ohio - Issued August
2007.
If you have any
questions or concerns, please contact Ohio Department of Taxation at
1-(800)-282-1780.
|
|
Vehicle Type Codes
For Temporary Tag Dealers
October 17, 2007
There has been some
confusion as to what the vehicle type represents on the temporary tag
registration application. The following are acceptable Vehicle Type
Codes that must be used when completing the Temporary Tag Registration
Application and reporting this information on-line. These codes must
be input into the vehicle type field:
|
CODE |
VEHICLE TYPE |
|
2S |
Two Door Sedan |
|
4S |
Four Door Sedan |
|
AM |
Ambulance |
|
AT |
All Terrain (APV) |
|
CB |
Church Bus |
|
CN |
Convertible |
|
CP |
Coupe |
|
FT |
Farm Truck |
|
HB |
Hatch Back |
|
HT |
House Trailer
(Pulled Pop-Up) |
|
HV |
House Vehicle
(Pulled) |
|
JP |
Jeep |
|
LM |
Limo |
|
MC |
Motorcycle |
|
MH |
Motorhome
(Drivable) |
|
MP |
Moped |
|
SB |
School Bus |
|
SN |
Snow Mobile |
|
SW |
Station Wagon
(SUV) |
|
TB |
Transit Bus |
|
TK |
Truck |
|
TL |
Trailer (Boat,
Semi, Cargo, Horse) |
|
VN |
Van (Mini,
Non-Commercial, Commercial, Conversion) |
Please share this
information with all personnel who complete and report temporary
tags. If you have any questions, please contact the Temporary Tag
Unit at 614-752-7880.
|
 |
|
Sales & Use Tax
Division
P.O. Box 530
Columbus, Ohio
43216-0530
tax.ohio.gov |
|
July 2007 |
|
|
|
|
|
|
Name |
|
Account Number: |
|
Address
City, State, zip |
|
|
|
Dear Motor Vehicle
Dealer:
Amended Substitute
House Bill 119, the State Budget Bill, changed the application of Ohio
sales tax on the purchase of motor vehicles by certain nonresidents.
This change applies only to sales of motor vehicles to
nonresidents on and after August 1, 2007. Leases to nonresidents
continue to not be subject to the tax.
The
new statute, R.C. 5739.029, provides that you will collect Ohio sales
tax when you are selling a vehicle to a resident of a state where that
state charges sales tax to Ohio residents. The amount of tax to charge
and collect on those specific sales is the lesser of
six percent
(currently the lowest combined state and local rate in Ohio),
versus the amount of tax the nonresident would pay in their home
state, after taking certain factors into account. Trade-in allowance
for reducing price before computing the sales tax is permitted on the
sale of new or used vehicles to residents of the specified states.
The following is the list of the states, applicable tax rate, and the
adjustments that can be made to determine the correct amount of tax to
collect: |
|
|
|
|
State |
Tax
Rate |
Trade-In Allowance |
Tax
Cap |
|
Arizona |
5.60% |
Yes |
|
|
California |
7.25% |
No |
|
|
Florida |
6.00% |
Yes |
|
|
Indiana |
6.00% |
Yes |
|
|
Massachusetts |
5.00% |
Yes |
|
|
Michigan |
6.00% |
No |
|
|
South Carolina
|
6.00% |
Yes |
$300.00 |
|
Washington |
6.50% |
Yes |
|
|
|
|
To determine the
lowest tax, make the following computations:
| |
1) |
The Ohio ‘price’
of the vehicle should be computed using Ohio laws as you would for
any sale to an Ohio resident. The rate of tax to
apply is 6.0%. |
| |
2) |
Calculate the
other state price (taking into account the above adjustments, such
as a trade-in allowance for the purchase of a used car) and apply
the rate of tax as listed in the chart above. |
|
|
3) |
Collect from the customer the lesser of the two amounts. |
Sales to residents
of any other state not listed above are not subject to Ohio
tax, provided the proper affidavit for nonresident sales is completed
by the purchaser and tendered to the Clerks of Court when application
for title is made.
Application for
Title
As with any purchase
of a motor vehicle by a nonresident, the customer must complete the
affidavit regarding a sale to an out-of-state resident. This form,
STEC-NR, can be found on the Department of Taxation Web site as
Ohio Department of Taxation - Home (http://tax.ohio.gov).
On the top of the affidavit, the date of sale must be entered. The
date of sale is when the customer pays for the vehicle, or takes
delivery, whichever comes first which should occur prior to the title
being issued. The amount of tax collected on the sale must be stated
on the affidavit, as well as on the application for title. These
documents should be tendered to the Clerk of Courts as is customary
practice.
Payment of the Sales
Tax
For a temporary time
period from August 1, 2007 until June 30, 2008, the tax collected on
these sales will be paid directly to the State of Ohio through the
Ohio Business Gateway (OBG), instead of the Ohio Clerks of Court.
To use the OBG, go
to
Ohio Business Gateway Home Page (http://obg.ohio.gov)
and register your business if you have not done so already. The OBG
can be used to file your regular sales tax returns, as well as
employer withholding and commercial activities tax returns and
payments. In the registration process, you will be asked for your FEIN
or SSN, vendor’s license number, dealer permit number, address,
contact person, email address and phone number. Dealers that file
sales tax returns on a master number (89-X3XXXX) will use the master
number as the vendor’s license number and report the tax by each
dealer license number. For additional information on making payments
on the OBG, please go to the OBG Web site.
Once registered with
the OBG, you can select an application to pay the sales tax on sales
to the specific nonresidents. The tax is to be paid monthly, by the 10th
of the month following the close of each month. It cannot be filed
with the regular sales tax return on the 23rd. So the tax
due for nonresident sales for the month of August 2007 must be paid by
September 10th. You only pay the tax once for all
transactions for an entire month, not when each nonresident sale
occurs. If you file your sales tax return (form UST-1) on a semiannual
basis, you must still report and pay this
separate nonresident tax monthly. If the tax is timely filed and paid,
the vendor discount (0.75%) will be applied. You will still include
these taxable sales to non residents on your form UST-1. They will be
reported on lines 1, 3, and 4 as are all other taxable motor vehicle
sales.
You will not have to
list each transaction separately. You will however, by state, have to
list the number of transactions, the total purchase price of all
sales, and the total tax collected. The OBG system allows for payment
by ACH Debit only.
If the tax is not
paid timely, a late payment fee of $100.00 will be added. The tax is
due for the month in which the sale took place, even if you have not
yet received a title for the vehicle from the Clerk of Courts.
After July 1, 2008,
the tax will be paid to the Clerk of Courts as done with all other
motor vehicle transactions.
If you have any
questions, please contact Taxpayer Services at (888) 405-4039. |
IMPORTANT NOTICE TO
ALL AUCTIONEERS AND LICENSED AUCTION OWNERS
Effective
July 1, 2007, persons
wishing to hold a “Classic Motor Vehicle Auction” must request and receive
permission at least thirty days prior to the auction.
Information and applications can be obtained by logging onto
our website
www.OhioAutoDealers.com,
and selecting Motor Vehicle Show/Classic Motor Vehicle Auction Requests.
-
A
classic motor vehicle is a motor vehicle that is over 26 years old.
-
A
classic motor vehicle auction may not last more than one day.
-
No more than two classic motor vehicle auctions may be held within a 12 month
period.
-
Persons conducting classic motor vehicle auctions must use the auction
services of an auction firm
or a licensed auction owner and a licensed auctioneer.
-
A
licensed motor vehicle auction, under ORC4517, may hold a classic motor
vehicle auction at their licensed location at a different time of day than the
regular motor vehicle dealer auction. A request for permission is not
required when being held at the licensed auction location.
-
Permits certain licensed motor vehicle auction owners to auction motor
vehicles for licensed motor vehicles dealers away from their licensed auction
location. The auction must apply for and receive a certified copy of the
auction owner’s license prior to the auction.
-
A
licensed dealer does not need to request permission for a Classic Motor
Vehicle Auction of their own motor vehicles, however must use the auction
service of an auction firm
or a licensed auction owner and a licensed auctioneer.
-
“Person” means an individual, sole proprietor, corporation, limited liability
company, association, partnership, and any combinations of individuals.
-
“Auction firm” means a person who provides auction services.
-
“Auction services” means
arranging, managing, and sponsoring a personal property auction. “Auction
services” includes the taking and advertising of personal property on
consignment to be sold at auction by a licensed auctioneer.
June 28, 2007
NEWSLETTER
MAY 2007
Announcements:
The Dealer Licensing Section would like to welcome Henry
Guzmán as the new director of the Ohio Department of Public Safety, and Mike
Rankin, who has taken on the responsibility as Registrar for the Bureau of
Motor Vehicles. The section would also like to congratulate Jeffrey Coleman
on his new assignment as Assistant Registrar, Bureau of Motor Vehicles.
Cheryl Button has accepted the position as Acting Chief of the Dealer
Licensing Section.
We are proud to announce that Donna Boso and Sherry Carrier
were recently promoted to AA-2 positions in the Administrative Unit of the
Dealer Licensing Section. Combined they have 47 years of service to the
public which includes 25 years of experience serving the needs of Ohio
dealerships. They handle legal matters for the Motor Vehicle Dealer and
Salvage Dealer Licensing Boards that pertain to dealers, salespeople and
related businesses, salvage dealers and buyers, as well as disputes between
manufacturers and franchised dealerships.
2007 Dealer Renewal Season Begins
New
for 2007 – On-line Renewals
Dealers, salespersons, and related businesses can now renew
their licenses and plates on-line. Over 21% of all licensed dealers renewed
on-line. Paper renewal applications for salespersons were mailed
April 13, 2007, and the
option for on-line renewal has thus far received a very positive response.
Salvage dealers, auctions and pools, and their salvage buyers may renew
on-line beginning on June 5, 2007. Dealerships have responded favorably,
stating that they have saved time and resources by renewing on-line.
On-line Search Available to
Auctions, Public, and Dealers
In mid-October 2006, the Dealer Section made an “on-line
search” feature available for dealers, salvage auctions, and others to check
the status of salesperson’s licenses, salvage buyer identification cards,
and dealers. There have been well over 6,000 searches made since this
feature went live.
This provides greater convenience for auctions, who by law
can only allow valid dealers and buyers to attend their auctions. In turn,
this will reduce the call volume before “auction day.” General public can
check status of a dealer, auctions can obtain inventory disposal dates, and
dealers can check the status of a salesperson or buyer ID card holders.
Salespersons and buyers
information must continue to be updated on-line with the Dealer Licensing
Section as soon as the status changes. This ensures that accurate records
are on file for each dealership. For your convenience, cancellations can
also be completed on-line.
On-line Salespersons
Transfers
The Dealer Licensing Section continues its efforts to make
the processing of business related services effortless. Dealerships are now
able to transfer licensed salespersons on-line from one dealership to
another as they change employment. By implementing this new program we will
reduce processing time immensely, compared to the paper and manual process.
We are taking this process from two weeks, including mail time, to a couple
key strokes from the dealership. Buyers cannot transfer.
Update E-Mail Accounts for
E-Broadcasts
We want to continue to
provide our customers with evolving technology that will grow with your
business now and in the future.
E-broadcasts offer important information about changes in
Ohio law that affect
dealers, as well as new programs, services, and applications offered by the
Dealer Licensing Section. It is important to provide and maintain proper
contact information, so update e-mail addresses when necessary. You can
access your contact information by visiting the website at
www.OhioAutoDealers.com,
and selecting “Online Services.” Simply sign on with your User ID
(permit number) and password, and select “Update Contact Information.”
E-broadcasts save tax
payers’ money and are a great way to stay informed about Dealer Licensing
services. Make sure that you take advantage of these convenient and
time-saving processes, it will expedite your way of life.
Temporary Tag On-Line Sales
A web page has been
designed that allows dealers to purchase tags or APV stickers at a reduced
price of $7.00 each and continue to sell them for up to $10.50 to
customers. The dealer will keep the $3.50 difference and key enter the
temporary tag registration information within 48 hours of the sale.
To sign up to be an electronic dealer, just access our
website at
www.OhioAutoDealers.com and click on On-Line Services / Report Temporary Tags.
Input the User ID (permit number) and password and then click on Update
Contact Information. Answer yes to “Report sales of temporary tags
electronically,” and follow the prompts. For more information and
restrictions, please refer to the Update Dealer Info page or call the
Temporary Tag Unit at (614) 752-7880.
Order
Temporary Tags On-Line using an Electronic Check
All dealers may now order
temporary tags via the web at
www.OhioAutoDealers.com.
Simply access the home page and click on On-Line Services, and make the
appropriate selection. After completing the order on-line, the order will
be processed and the tags sent within 1-3 business days. The money will be
automatically deducted from your checking account. For more information
contact the Temporary Tag Unit.
The unit has received numerous positive phone calls
pertaining to the on-line ordering program. Dealers are impressed with the
ease of ordering on-line, as well as the quick 1-3 business day turn-around
time in which they receive their tags. Temporary tag sales have seen a 163%
increase since inception of the on-line service in June 2006, from 20,865
tags to 54,818 tags in April 2007. On-line orders have also seen a 131%
increase during the same time period, from 272 to 629.
48 Hour Violation Letters
The unit has developed a system to monitor the reporting of
temporary tags keyed by on-line dealers. Dealerships who fail to report
temporary tag sales on-line within 48 hours of issuance will be subject to
warning letters, and if necessary, revocation from the on-line program. The
first set of violation letters was mailed to dealers the first week of
March, addressing violations that occurred during the calendar month of
February. A second set of letters was generated the first week of April for
violations that occurred in March. There was a 6% decrease in the number of
letters sent from the first month to the second.
Temporary Tag Expiration
Date Reporting Improvements
An information sheet has been created to show the correct, as
well as incorrect, way to complete the temporary tag. Many dealerships are
not filling in the entire box for the expiration date, therefore not
activating the hologram security feature. Information on how to complete
the temporary tag will be included in each order, including all orders
picked up from a
Customer
Service
Center. The unit has also posted the dealer
training information on the website. Correct completion of the temporary
tag is crucial to law enforcement officers.
Click
HERE to see the instructions for
completing a temporary tag.
|
VEHICLE COLOR INFORMATION
Ohio has joined many other states in collecting vehicle color
information to assist Law Enforcement in identifying specific
vehicles. Beginning
October 30, 2006, all WE (Web Electronic) dealers will be required to
report the color of the vehicle. The information will not be required
on the Temporary Tag Registration Application, but will be required
information on the key entry screen for reporting temporary tags
on-line.
After inputting all Temporary Tag Registration Information on-line,
click on the button to “View Color Chart” at the bottom of the screen
to select the color that is closest to the vehicle you are
registering. If the vehicle has two distinct colors, identify both
colors by clicking on both the primary color and secondary color.
For more information, simply access the dealer website at
www.OhioAutoDealers.com
or click on
http://bmv.ohio.gov/pdf_files/NCIC%20Color%20Codes.pdf.
Please contact the Temporary Tag Unit at (614) 752-7880 with any other
questions.
9/06
|
VEHICLE COLOR GUIDELINES
I. The
customer shall identify the Primary and Secondary colors that
are closest to their true vehicle colors from the Vehicle Color
Choice list.
II. Vehicle
colors can be assigned as Primary and Secondary, if needed.
Example 1: A vehicle that is entirely Light Blue,
shall be entered as:
Primary Color: Light Blue
Example 2: A vehicle that is roughly half Light
Blue and half Gray, shall be entered as:
Primary Color:
Light Blue
Secondary Color: Gray
® A
newer vehicle that would fall into this category is the Honda
Element since the front, top and rear are one color and the
sides are a second.
® Vehicles
that have had exterior parts replaced so as to cause half of the
vehicle to be a secondary color would also fall into this
category. I.E. A vehicle that is primarily Light Blue but 2
doors and the hood are Gray shall be entered as:
Primary
Color: Light Blue
Secondary Color: Gray
III. Vehicle
“detailing” shall not be considered as a Primary or Secondary
color.
Example 1: A vehicle that’s Primary color is Green but has orange flames on
the side shall be entered as:
Primary Color: Green
Example 2:
An
Orange
truck with a tan pinstripe shall be entered as:
Primary Color:
Orange
Example 3:
An Orange truck with a thick tan stripe along the step rails
shall be entered as:
Primary Color:
Orange
Example 4: An Orange Van with a detailed picture on
the rear shall be entered as:
Primary Color:
Orange
IV. The
Multi-Color option shall be used for vehicles that have more
than 2 colors.
Example 1: A vehicle that has had multiple exterior
panels replaced in multiple colors, causing the primary color to
be unrecognizable shall be entered as:
Primary Color: Multi-Color
Example 2: A vehicle with iridescent paint shall
be entered as:
Primary Color: Multi-Color |
|
ORC Section 1317.07 Increases Document Service Fee to $250
On June 30, 2006, an amendment to section
1317.07 of the Revised Code, which governs retail installment contracts,
took effect.
That section now provides that a seller
entering into a retail installment contract can charge a fee of up to two
hundred fifty dollars for preparation of documents related to the sale.
Previously, the maximum fee that could be charged for document preparation
was one hundred dollars.
As a result of the amendment, motor vehicle
dealers selling motor vehicles to customers under retail installment
contracts can charge the customer this two hundred fifty dollar document
preparation fee in addition to other fees associated with the sale of the
vehicle (taxes, registration fees, etc.). It is important to note that the
dealership is not required to charge the document preparation fee.
The Department of Public Safety, Bureau of
Motor Vehicles did not play any role in the adoption of the amendment to
section 1317.07, and receives no portion of the document preparation fee.
Instead, the fee is retained by the motor vehicle dealer.
** IMPORTANT
** ** IMPORTANT ** ** IMPORTANT **
Attention: All Participating Dealers of the 2006 Ohio Quarter Horse
Congress Show
All salespersons must be
licensed before they may offer for sale or sell at the Quarter Horse
Congress Show.
No salespersons license
can be issued until after an application, fee and results of a
background check (electronic Web-check or fingerprint card for out-of-state
applicants) are received and approved by the Dealer
Licensing Section. Licensing may take up to three weeks.
We encourage all persons
wanting to be licensed to submit an application as soon as possible.
Applications (BMV 4301)
may be downloaded from our forms page. Fingerprint cards may be
requested to be mailed by calling the Dealer Licensing Section at (614)
752-7636
09/14/06
SENATE BILL 9 IDENTIFICATION FOR TITLING
On
Friday, April 14, 2006 Senate Bill 9 went into effect. The bill included an
amendment to Ohio Revised Code Section 4505.02. The section now states, in
relevant part, that “The Registrar of motor vehicles shall issue rules as
the registrar determines necessary to ensure uniform and orderly operation
of the chapter, and to ensure that the identification of each applicant for
a certificate of title is reasonably accurate” (emphasis added).
Below is
a list of documents that the Bureau of Motor Vehicles believes will identify
an applicant for title with reasonable accuracy:
A valid passport from
any country
Any form of identification issued by a
state, federal, or international governmental agency that reasonably
identifies the applicant.
This is
not intended to be an exhaustive list. If a customer can provide some other
form of picture identification, and it appears that the identification is
reliable, that identification may be acceptable for title application
purposes. If there are any questions about whether a particular document
can be accepted as identification, call the Title Section.
If there
are any questions about this directive, please contact the Dealer Licensing
Section.
PURCHASE TEMPORARY TAGS WITH AN ELECTRONIC
CHECK
Available NOW
All temporary tag dealers are now able to
order and pay for temporary tags on-line with an electronic check. No more
sending a runner to Columbus to purchase tags or waiting three weeks to
receive your order. Orders can be placed instantly and in most cases
shipped the next business day.
Dealers that currently use our PATT program
(Prepaid Account for Temporary Tags) should deplete the account and
begin using the electronic check method of payment for temporary tag
orders. This new electronic check program will save money and time for
dealerships and the BMV.
To place and pay for an order on-line, simply access our website at
www.OhioAutoDealers.com,
click on On-Line Services, click on Order Temporary Tags. The next three
steps are simple.
-
Enter the type of
temporary tags to be ordered and how many you would like to purchase.
-
Click on Pay by
Electronic Check, or Pay by Pre-Paid Account and follow the directions
to complete the order.
-
Be sure to
print a copy of your confirmation screen for your records.
For more information on using an electronic
check, simply access the dealer website listed above or contact the
Temporary Tag Unit at (614) 752-7880. In the future we plan to expand this
on-line check payment program to include dealer and salesperson renewals,
license plate renewals, and other products and services.
BMV CUSTOMER
SERVICE ALERT
Computer system
upgrade will require scheduled service interruption June 10-11
COLUMBUS – The Ohio Bureau of Motor
Vehicles today advised Ohioans of an upcoming system upgrade that will
affect title transactions only.
Over the weekend of June 10 and 11, the Ohio
Department of Public Safety will be replacing the computer equipment used
for the State-wide Automated Title Processing System. During this hardware
upgrade, all Ohio Clerks of Court Title Offices will be unable to issue or
otherwise process titles. Also, the Online Title Inquiry, which is provided
over the internet, will not be available during this period of time.
he upgrade is scheduled to begin at 5:00 PM
Friday, June 9th, and will be completed by 8:00 AM, Monday, June 12th. The
current system is six years old and in need of this upgrade.
The system upgrade will not affect other BMV
services. Customers will still be able to obtain and renew driver licenses
and renew registrations during the service interruption.
IMPORTANT NOTICE
Effective June 12, 2006, the
BMV Dealer Licensing Section will not issue any license prior to having
“approved” state-wide background check results.
Also, effective June 12,
2006, only ELECTRONIC FINGERPRINTING (WebCheck) results will be accepted.
We will no longer accept fingerprint cards.
All results performed by any
authorized WebCheck business or state agency must be sent to: Bureau of
Motor Vehicles, Dealer Licensing Section, P.O. Box 16521, Columbus, Ohio
43216-6521, or faxed to 614-308-5235.
Failure to advise the
WebCheck clerk of the above “send to” address will result in a delay of
receipt of results. We encourage all applicants to keep their proof of
payment.
Please allow 2-4 business
days after receipt in our section for approval of no record
verification results (no arrest record).
Please note: The Bureau of
Criminal Identification & Investigation (BCII) is mandated by law to mail
all arrest records. They cannot send these electronically. Therefore, if
an applicant has ever been arrested, regardless of the outcome, there will
be a delay of up to six weeks.
Visit
http://www.ag.state.oh.us/business/fingerprint/data/index.asp for over 550
Ohio WebCheck locations.
**Please note:
Fingerprint cards may be accepted from out-of-state applicants and those
with poor quality prints (not able to capture at the WebCheck location -
verification required.) Cards and exemption forms can be obtained by
calling 614-752-7636.
IMPORTANT NOTICE
Fingerprint cards are no longer being sent with
our applications.
Effective June 12, 2006, only ELECTRONIC FINGERPRINTING (WebCheck) results will be
accepted. We will no longer accept fingerprint cards.
Also, effective June 12, 2006, the BMV Dealer Licensing Section will
not issue any license prior to having “approved” state-wide background check
results.
All results performed by any authorized WebCheck
business or state agency must be forwarded to: Bureau of Motor Vehicles,
Dealer Licensing Section, P.O. Box 16521, Columbus, Ohio 43216-6521,or faxed
to 614-308-5235.
Visit
http://www.ag.state.oh.us/business/fingerprint/data/index.asp for over 550 Ohio WebCheck locations.
More detailed information will be forthcoming to
all dealerships and will be posted on our website.
Regularly visit the
Dealer Licensing Home Page for Updated News and Revised forms.
05/06
Revised Application
The Temporary Tag Registration Application has been revised. (BMV4349
10/05)
Begin using the NEW applications on
or before Monday, December 19, 2005.
Stop using the OLD applications by
midnight Sunday, December 18, 2005.
Discard all old unused applications safely and responsibly.
The revised registration application includes new fields that capture the
additional owner and leasing dealer’s information. This new information
must be completed on the application and key entered on the website. They
are:
1.
The additional purchaser’s name,
SSN, and home address.
2.
The leasing company’s name, Tax I.
D., and address.
3.
The owner type (codes are located
at the bottom of form).
The number of Temporary Tag Registration Applications enclosed is equal to
your last order of temporary tags.
Questions after reading this information should be addressed to the Dealer
Licensing Section, Temporary Tag Unit, P. O. Box 16521, Columbus, Ohio,
43216-6521, (614) 752-7880.
Still purchasing temporary tags at $10.50
each? Join the thousands of Web-Enabled “WE” dealers who key enter
temporary tag registration information on-line and earn $3.50 per
transaction for your efforts. To learn more about becoming a “WE” dealer
visits our Website.
Observations,
Accomplishments, and Future Expectations
Web-Enabled Reporting of Temp Tags
“WE-Tags”
September 1, 2005
Thank you for your continued interest and
support of what has turned out to be one of the most successful programs
ever introduced to dealerships by the BMV.
Basic Philosophy
– The Dealer Licensing Section expects the highest quality standards in
issuing, accounting, and reporting temporary tags – both from itself and
from the dealerships who have the privilege of selling these tags. Most
dealerships have exemplary records in handling temporary tags. Your
performance is noticed and appreciated.
Accomplishments
- Since September 16, 2004, you and more than 2,000 other dealers
electronically reported sales of 459,523 temporary tags, and kept up to
$1,608,331.00 for yourselves. A number of changes have been made as a
result of positive suggestions by dealerships, and from our observations.
Observations
- Some new and used motor vehicle dealers are not so precise in their
issuing, accounting, and reporting. For example, one dealership’s general
manager directed an employee to key enter 999-99-9999 as the purchaser’s
social security number because the customer refused to provide the
dealership with his SSN. The customer bought a new
Maserati. The employee followed orders but telephoned
the Temporary Tag Unit the following day. Knowingly providing false
information on a government document is a crime.
A criminal
conviction could cause a dealer to lose their franchise and dealer’s
license. While this crime is not common, it is very, very serious.
Observations continued
- Another example we are observing is that some dealers enroll in the
program, purchase inventory of temporary tags for only $7.00, charge their
customers $10.50 for the tag, keep $3.50, and either never report the tags
as sold or mail the registration to the Temporary Tag Unit for manual
processing.
Expectations
– The Dealer Licensing Section is restating some basic instructions below,
re-installing an auditing and evaluation process, and developing a system of
punitive measures to correct non-complying dealerships.
·
Falsification is a
Crime
- Entering false information or anyone informing
any employee to enter false information on any government document including
any temporary tag registration is a criminal act
that will be prosecuted to the fullest extent of the law.
·
Social Security Number
(SSN) Required - The SSN or tax ID number must
be submitted for each purchaser [ORC Section 4503.10(A)(7)]. If a purchaser
refuses to provide their SSN, that person must not be issued a tag.
Knowingly entering a false SSN on the temp tag registration or online is a
crime that
will be prosecuted. If the purchaser is a non-citizen, please enter
“Non-Citizen” in the “SSN/Tax I. D.” field.
·
Purchasing Tags at $7
and Not Reporting will result in Revocation of Privileges
– Dealerships that purchase tags for only $7.00 and do not electronically
report sales within 48 hours of issuance, or do not report at all, will have
their privileges to sell tags revoked. Additionally, the Dealer Section
will expect $3.50 per tag payment for each tag sold or unaccounted for. All
other services will be held until all payments have been received. Dealers
will not be held responsible if the web-page is down for an extended period
of time during a 48-hour period.
·
Report Sales In 48
Hours - Each application MUST be
reported (key entered) on-line within 48 hours of issuance. Consider
“issuing” on a date that is consistent with the date the vehicle is actually
“delivered” to the customer, rather than several days earlier while the
vehicle is being up-fitted or prepared for delivery. In simple terms, give
the customer a full 30 days use of the temporary tag.
·
Enter Leasing Company Name
- If the vehicle is being leased, please enter both the pertinent lessor and
lessee (additional purchaser) information. Please refer to
www.OhioAutoDealers.com and download form BMV-4436 if you have any
questions about how to complete this type of temporary tag application.
To send us an email, click on “Contact Dealer
Licensing” on our web-site,
www.OhioAutoDealers.com, or call the Temporary Tag Unit at (614)
752-7880.
Regulatory Notification to Dealers and
Businesses
That Sell APV’s and/or OHM’s in Ohio
Please Read the Following
Very Carefully
July 2005
A new law will go into
effect just before October 1, 2005, that may affect the way in which you do
business.
Please Read the Following
Very Carefully
Effective October 1, 2005,
anyone wishing to display or sell “new” or “used” All Purpose Vehicles
(APV’s) and/or Off Highway Motorcycles (OHM’s) at retail must first be
licensed as a motor vehicle dealer, and franchised to sell and
service the APV/OHM, if the APV’s/OHM’s are new. APV is defined in ORC
Section 4519.01(B) and means:
. . .any self-propelled
vehicle designed primarily for cross-country travel on land and water, or on
more than one type of terrain, and steered by wheels or caterpillar treads,
or any combination thereof, including vehicles that operate on a cushion of
air, vehicles commonly known as all-terrain vehicle (ATV’S), all-season
vehicles, mini-bikes, and trail bikes. “All-purpose vehicle” does not
include a utility vehicle as defined in section 4501.01 of the Revised Code
or any vehicle principally used in playing golf, any motor vehicle or
aircraft required to be registered under Chapter 4503. or 4561. of the
Revised Code, and any vehicle excepted from definition as a motor vehicle by
division (B) of section 4501.01 of the Revised Code. [Emphasis added.]
Off Highway Motorcycle (OHM)
is defined in ORC Section 4519.01(I) and means:
. . .every motorcycle, as
defined in section 4511.01 of the Revised Code, that is designed to be
operated primarily on lands other than a street or highway.
Also, on October 1, 2005,
the “APV/OHM registration” issued under ORC Section 4519.06, that currently
enables various businesses to display and sell APV’s/OHM’s, will no longer
exist, as that section of Ohio law was repealed by House Bill 66. No
refunds will be made.
Enforcement of the new law
will begin on October 1, 2005. The purpose of this advance notification is
to alert certain businesses that they may need to sell off their current
inventory and cancel any future orders of APV’s/OHM’s.
Ohio law requires a licensed
motor vehicle dealer to meet a number of requirements. Among these are
requirements that sales be conducted in an established place of business
that is used exclusively for the purpose of selling motor vehicles, and that
the dealer have a statement of contract indicating that the dealer has a
franchise agreement with a motor vehicle manufacturer or distributor.
Some businesses that were
registered as APV/OHM sellers under former ORC 4519.06 will likely not be
able to meet all of the requirements necessary to obtain a motor vehicle
dealer’s license. Enclosed is a checklist that may be helpful in
identifying some of the requirements that must be met. Additional
information can be obtained by visiting
www.OhioAutoDealers.com or by consulting Chapter 4517 of the Ohio
Revised Code and Chapter 4501:1-3 of the Ohio Administrative Code.
Copies of this notification
are being sent by regular mail, e-mail, or by fax to every person, business
and dealer that this office is aware of that deals in APV’s/OHM’s in Ohio.
It is also posted on
www.OhioAutoDealers.com under the “Latest News Section.” Anyone having
questions concerning the new law, and how to become a dealer should contact
the Dealer Licensing Section, Ohio Bureau of Motor Vehicles at (614)
752-7636.
IMPORTANT NOTICE
Notification to All Salvage Dealers, Salvage Auctions and Salvage Pools
Section 4738.03(A) of the Ohio Revised Code
states, “No person licensed as a motor vehicle salvage dealer under this
chapter shall engage in the business of selling at retail salvage motor
vehicle parts or salvage motor vehicles, unless the business is operated
primarily for the purpose of selling at retail salvage motor
vehicle parts. Any person operating such a business primarily for the
purpose of selling at retail salvage motor vehicle parts may
secondarily sell at retail salvage motor vehicles or
manufacture a product of gradable scrap metal for sale to scrap metal
processors or any other consumer.” (Emphasis added.)
The Salvage Dealers Licensing Board and the
Bureau of Motor Vehicles (BMV) will use the following criteria when
determining compliance with Section 4738.03(A) of the Ohio Revised Code:
-
Operating primarily for the purpose of selling
salvage parts will be determined by comparing the “sales in
dollars” of salvage motor vehicle parts to the “sales in dollars” of
salvage motor vehicles, gradable scrap metal, and towing operations over a
reasonable period of time of sales activity. Parts sales
invoices/receipts, and vehicle and the other sales contracts/invoices,
will be tabulated to determine the total “sales in dollars” made by the
salvage dealer. The parts sum shall be a greater percentage of any
individual segment of the salvage motor vehicle business. In a three-part
business, for example, that percentage must be greater than thirty-three
(33) percent for the salvage dealer to be considered as primarily engaging
in the business of selling salvage parts. A percentage equal to or less
than the thirty-three percent, as used in this example, is a violation of
4738.03(A) of the Ohio Revised Code.
-
Any sale of a collection of parts that have
not been physically removed from the chassis of a salvage motor
vehicle will be considered a sale of a salvage motor vehicle, unless the
motor vehicle’s certificate of title has been “canceled” by a county Clerk
of Court or the salvage dealer has marked the vehicle’s certificate of
title “FOR DESTRUCTION” and surrendered that title to the Clerk of Court.
-
Sales of parts, in which the parts have been
physically removed from a salvage motor vehicle chassis, have always been
considered and will continue to be considered a sale of salvage motor
vehicle parts.
-
When a salvage motor vehicle’s certificate of
title, is transferred from the salvage dealer into a buyer’s name, the
entire sales price is considered a sale of a salvage motor vehicle,
regardless of the buyer’s intent to not rebuild the vehicle but to only
use the parts from the vehicle.
Please make sure your business practices, as
relating to the sale of salvage motor vehicle parts versus the sale of
salvage motor vehicles, conform to the above interpretations of Motor
Vehicle Salvage law.
A salvage dealer that does not primarily sell
salvage motor vehicle parts is in violation of salvage dealer requirements,
which could ultimately result in the suspension or revocation of the
dealer’s license as ordered by the Salvage Dealers Licensing Board.
For information concerning the surrender and
cancellation of salvage certificate of titles, please see Section 4505.11 of
the Ohio Revised Code.
This notification reiterates a position the
Bureau of Motor Vehicles and the Salvage Board has always held.
This notification is being sent by regular mail
to every licensed salvage dealer, salvage auction, and salvage pool, in the
State of Ohio, and will be provided to all future provisional salvage
license holders. This notice will also be sent by e-mail, to all such
businesses that have provided the BMV with their e-mail addresses.
If you have any questions concerning the content
of this notice, please feel free to contact Dealer Licensing Section of the
Bureau of Motor Vehicles at (614) 752-7636.
You are so notified.
Notice of Manufactured Homes Commission Board
Meetings
The Ohio Manufactured Homes
Commission Board typically meets on the 2nd Wednesday of the
month at 10:00am
in the Conference Room at
5650 Blazer Parkway, Dublin. As of now, for the remainder of
the year meetings are scheduled for July 20, August 10, Sept 21 (this
meeting will be held in Sugar Creek, Ohio), October 12, November 9 and
December 14. Please contact the OMHC office to confirm date, time and
location prior to the meetings. (614) 734-8454 or
janet.williams@omhc.state.oh.us.
Notification of New Laws
for Dealerships and Related Businesses
August 31, 2004
Following is a summary of several changes in Ohio law that may affect
and in most cases benefit your dealership or business and its operation. The effective
date of these new laws is September 16, 2004.
Items in the Law Related to Temporary Tags (614) 752-7880
-
Make $3.50 on Sales of Temporary Tags
- A licensed motor vehicle dealer may
directly enter information regarding a thirty day temporary tag into the state database
and, for their effort, keep $3.50 on each sale. Dealers that report the sale
electronically are charged only $7.00 for the tag and can sell the tag for up to $10.50.
To enroll in this program, simply log onto our website,
www.OhioAutoDealers.com and click on the
"Dealer
Update Page." [Section 4503.182]
Items in the Law Related to Dealer Licensing (614) 752-7636
-
Dealer Licenses Are Renewed Biennially
- A biennial license renewal period will
affect dealers (new, used and leasing), salespersons, manufactured home brokers, auctions,
salvage dealers, salvage auctions and pools, and salvage buyers. The fee will double
except that the salvage buyer I. D. fee will increase to $35.00 biennially. Everyone
affected will be prompted by mail as to when they should renew.
[Sections 4517.10 and
4738.18.]
-
Only the State Can Regulate Salvage Dealerships
- The state, through the
registrar of the Bureau of Motor Vehicles, is the sole regulator of registration,
licensing and regulation of motor vehicle salvage dealers. The law also states that this
section does not preempt the enforcement of local zoning, health or safety codes or laws.
[Section
4738.19]
-
Dealer Can Now Adjust Human Resources and Work a Salesperson at Another Store
–
A motor vehicle dealers’ salespersons may sell at any dealership owned by
that corporation, even if it is located in another county.
[Section
4517.14]
-
Dealer Remote Service Facilities
–
A "new" motor vehicle
dealership may establish a "remote service facility" that is located within one
mile of the licensed dealership location, and that is limited to repairs, warranty, recall
and maintenance work only. The facility is considered to be a part of the franchise
agreement and is subject to all the rights, duties, obligations, and requirements of ORC
Chap. 4517. The facility may not be used to display for sale, offer for sale, or sell
motor vehicles. [Sections 4517.01 and 4517.03]
-
License Plates Needed on Trailers Under 4,000 lbs.
- A new definition of motor
vehicle now includes trailers and semi trailers whose weight is 4,000 pounds or less.
These lighter trailers must be appropriately plated. A purchase order and a weight slip
may be used to transport the trailer to get it weighed and to get the license plate. A
temporary tag may be used instead on trailers weighing 4000 pounds or less. A motor
vehicle dealer’s license is still not required to display, offer for sale or
sell these lighter units. [Section 4503.01]
Items in the Law Related to Titling (614) 752-7671
-
Odometer Disclosures
-
Exempts certain commercial trucks with a gross vehicle
weight rating of more than sixteen thousand pounds from odometer disclosure at the time
ownership is being transferred. This brings Ohio into line with other states and federal
law. [Section 4505.06]
-
Sale of new Off-Highway Motorcycle or All Purpose Vehicles
-
When an Out of
State Dealer sells a new ATV or Off-road motorcycle to an Ohio buyer no VIN
verification is necessary. If the MCO is for an older ATV or off-road motorcycle and the
vehicle was never title in Ohio the rule for VIN verification would apply.
[Section
4519.56]
-
Dealer Assignment Form
-
Permits the owner of a motor vehicle for which no
physical title has been issued to transfer ownership to a licensed motor vehicle dealer
without obtaining a physical certificate of title first. The transfer can be made on the
new BMV 3772 form which is on our website at
www.OhioTitles.com
under forms. Also, this form includes an optional provision for the owner to appoint power
of attorney. [Section 4505.032]
Requires a lien holder to provide written confirmation that a
security interest has been satisfied to a dealer when the dealer has paid off a loan on a
vehicle being taken in as a trade-in and when the title database indicates that the
current title record is an electronic title. This notification may be in the form of a
physical document or an electronic communication.
[Section 4505.032]
Unrelated to the new law, Ohio welcomes the National Motor Vehicle
Title Information System (NMVTIS). A 1992 act established the development of the National
Motor Vehicle Title Information System (NMVTIS) to help electronically verify the validity
of certificates of title. It also directs Customs officials to conduct random checks of
vehicles to verify that the reported VIN information matches the VIN on vehicles being
exported and against the information contained at the National Crime Information Center
(NCIC) for any reported thefts.
As a result of these new laws, the Dealer Licensing, and Title Sections
have revised many of forms, systems and computer programs. When renewal time arrives,
dealers, salespeople, and related businesses will see a new form that requires them to
return only the bottom portion of the form with a check or money order. For those readers
getting this notification by email, here is a link to other dealer licensing forms that
can be downloaded from our web-site:
Dealer Forms.
Additionally, as we make the transition from an annual renewal cycle to
a two year cycle, businesses will be prompted as to when their renewal cycle begins and
ends and how much each application will cost.
Many dealers and automotive related businesses already receive
important information like this by email. If you would like to receive emails like this,
call (614) 752-7636 for your temporary password to receive the email notifications.
Electronic Dealer Information
Columbus, Ohio (September
17, 2004) - Beginning September 16, 2004, dealers will be able to report
sales of temporary tags electronically and keep up to $3.50 per tag. Sell
200 tags a month and keep $8400.00/year for your efforts! All you need is
access to the Web. It’s that simple.
The Temporary Tag Unit,
Dealer Licensing Section, is now offering the opportunity for all dealers to
report sales of temporary tag registration information via the Web. You
will no longer need to send the paper registration to the Temporary Tag Unit
by regular mail.
Here is how it works.
Dealers purchase tags (or APV stickers) at a reduced price of $7.00 each and
may continue to sell them for up to $10.50 to customers. The dealer will
keep the $3.50 difference and key enter the temporary tag registration
information, within 48 hours of the sale, through a web page designed just
for this purpose. We even thought of making the key entry process easier
for you by populating much of the purchaser’s information for you. All you
need to do is key enter the social security number.
To sign up to be an
electronic dealer, simply access our website at
www.OhioAutoDealers.com and click on “Dealer
Update Page.” Answer yes to “Report sales of temporary tags
electronically,” and follow the prompts.
For more information and
restrictions, please refer to the Update Dealer Info page or call the
Temporary Tag unit at (614) 752-7880.
Motorcycle Size Temporary Tags Available June 1, 2004
- The Registrar of the Ohio Bureau of Motor Vehicles has developed a motorcycle size (7
inch x 4 inch) thirty-day temporary tag that has similar security features as the full
size temporary tag. Besides a change in size, the “punch-outs” for month
and day will not appear on the smaller tag. Please watch our website for further
information and training.
Dealers
may begin selling the new tag June 1, 2004. The price is $10.50. Revised
order forms are now available on our website; however, we will not begin shipping the new
tags until May 28th.
IMPORTANT:
As of June 1, 2004, dealers must issue the larger tag for cars and trucks and the new
smaller tag for motorcycles. The smaller tag cannot be used on cars and trucks
and the larger tag cannot be used on motorcycles.
You may
exchange any unwanted, large size tags from your current inventory. Please mail
good-condition, unmarked tags to the Temporary Tag Unit at the above address, and an equal
amount of replacements will be shipped to you after May 28th. You may
keep 2 to 3 weeks worth of inventory to use until June 1st, and then exchange
any of these leftover tags after that date. Please keep in mind that there will be
no more exchanges of large size tags for the motorcycle tags as of September 1, 2004.
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Motorcycle Size Temporary Tags Available Soon -
For several months the Registrar of the Ohio Bureau of Motor Vehicles has been developing
a motorcycle size thirty day temporary tag that has similar security features as the full
size temporary tag. This development should meet the demands of the industry.
Approval
to begin mass production was just given. In about, six weeks the new tags will be
available for sale.
Your
business will be notified when these new tags are available to purchase.
4-26-04 Motorcycle Size
Temporary Tags Available Soon – Mass e-mails
03-01-04 - Liens
Placed on Salvage Titles and Replacement Process
TO: ALL
OHIO AUTO DEALERS
FROM: FRANKLIN R.
CALTRIDER, REGISTRAR
DATE: FEBRUARY 25,
2004
SUBJECT: NOTING A SECURED INTEREST ON A MOTOR VEHICLE
SALVAGE TITLE
Based on an inquiry from a financial institution about recording a secured
interest on a salvage title the Ohio BMV asked for a legal opinion on the issue. Our legal
section advised us that there are no statues that prevent a Clerks of Court Title office
from noting a secured interest on an Ohio Salvage Title.
Therefore, effective March 1, 2004 the Ohio Clerks of Court Title offices and
the Automated Title Processing System will have the capability of noting a secured
interest on any motor vehicle evidenced by an Ohio Salvage Title.
Upon the issuance of the new salvage title to the financial institution the
owner must obtain a memorandum title in order to have the vehicle eventually inspected by
the Ohio Highway Patrol, “Rebuilt Salvage Inspection”.
When the titled owner has obtained his approved inspection slip, the owner
can proceed to any county title office and apply for a replacement title changing the
status from salvage to rebuilt salvage. This will require that the lending institution
relinquish the actual title so that the county title office can replace the salvage title
and issue a “RS” rebuilt salvage title. The county title office will send
the financial institution the new rebuilt salvage title and the owner can then apply for a
new memorandum title for plating and registration purposes.
If you have any questions, please contact the Ohio BMV Title Section at
614-752-7671 or your local county title office.
February
20, 2004
Important Notice
Enclosed
are your registration card(s) and sticker(s) for the plates you have ordered.
The State of Ohio is
now issuing a new license plate design and a new “National Standard” size
motorcycle license plate.
The new license plate
design will not replace current license plates, so Ohio will have three
types of valid license plates (gold and blue, bicentennial, and the new design).
The new motorcycle
license plate will be 4 inches by 7 inches, a half inch smaller in height. Many
motorcycle enthusiasts have been asking Ohio to make the change because Ohio’s 4.5
inches by 7 inches plate did not fit properly in the brackets.
You are not
required to replace any plates issued to your business. If you wish to obtain all
new license plates, please call 614-752-7634 to request a replacement plate application.
www.OhioAutoDealers.com
03-01-04 - Liens Placed on
Salvage Titles and Replacement Process
