|
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
7:00 a.m. to 5:00 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 7:00 a.m. to 5:00 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. |
|
