Bill Text: OH HB71 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: , and to repeal Section 3 of Am. Sub. S.B. 20 of the 120th General Assembly, as subsequently amended, to require the Registrar of Motor Vehicles to establish an electronic motor vehicle insurance verification system, to require an insurance company to notify the Registrar upon the cancellation or lapse of a motor vehicle liability insurance policy, to eliminate the financial responsibility random verification program of the Bureau of Motor Vehicles, and to make other changes in the procedures for verifying proof of financial responsibility regarding a motor vehicle.

Spectrum: Moderate Partisan Bill (Republican 14-2)

Status: (Introduced - Dead) 2013-02-20 - To Insurance [HB71 Detail]

Download: Ohio-2013-HB71-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 71

Representative Roegner 

Cosponsors: Representatives Derickson, Duffey, Stebelton, Brenner, O'Brien, Lynch, Damschroder, Ruhl, Huffman, Maag, Anielski, Patmon, Terhar, Wachtmann, Young 

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A BILL

To amend sections 4503.10, 4503.20, 4509.03,

1

4509.101, and 4510.04, to enact sections 4509.031

2

and 4509.032 of the Revised Code, and to repeal

3

Section 3 of Am. Sub. S.B. 20 of the 120th General

4

Assembly, as subsequently amended, to require the

5

Registrar of Motor Vehicles to establish an

6

electronic motor vehicle insurance verification

7

system, to require an insurance company to notify

8

the Registrar upon the cancellation or lapse of a

9

motor vehicle liability insurance policy, to

10

eliminate the financial responsibility random

11

verification program of the Bureau of Motor

12

Vehicles, and to make other changes in the

13

procedures for verifying proof of financial

14

responsibility regarding a motor vehicle.

15

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

Section 1. That sections 4503.10, 4503.20, 4509.03, 4509.101,	16
and 4510.04 be amended and sections 4509.031 and 4509.032 of the	17
Revised Code be enacted to read as follows:	18

Sec. 4503.10.  (A) The owner of every snowmobile, off-highway	19
motorcycle, and all-purpose vehicle required to be registered	20
under section 4519.02 of the Revised Code shall file an	21
application for registration under section 4519.03 of the Revised	22
Code. The owner of a motor vehicle, other than a snowmobile,	23
off-highway motorcycle, or all-purpose vehicle, that is not	24
designed and constructed by the manufacturer for operation on a	25
street or highway may not register it under this chapter except	26
upon certification of inspection pursuant to section 4513.02 of	27
the Revised Code by the sheriff, or the chief of police of the	28
municipal corporation or township, with jurisdiction over the	29
political subdivision in which the owner of the motor vehicle	30
resides. Except as provided in section 4503.103 of the Revised	31
Code, every owner of every other motor vehicle not previously	32
described in this section and every person mentioned as owner in	33
the last certificate of title of a motor vehicle that is operated	34
or driven upon the public roads or highways shall cause to be	35
filed each year, by mail or otherwise, in the office of the	36
registrar of motor vehicles or a deputy registrar, a written or	37
electronic application or a preprinted registration renewal notice	38
issued under section 4503.102 of the Revised Code, the form of	39
which shall be prescribed by the registrar, for registration for	40
the following registration year, which shall begin on the first	41
day of January of every calendar year and end on the thirty-first	42
day of December in the same year. Applications for registration	43
and registration renewal notices shall be filed at the times	44
established by the registrar pursuant to section 4503.101 of the	45
Revised Code. A motor vehicle owner also may elect to apply for or	46
renew a motor vehicle registration by electronic means using	47
electronic signature in accordance with rules adopted by the	48
registrar. Except as provided in division (J) of this section,	49
applications for registration shall be made on blanks furnished by	50
the registrar for that purpose, containing the following	51
information:	52

(1) A brief description of the motor vehicle to be	53
registered, including the year, make, model, and vehicle	54
identification number, and, in the case of commercial cars, the	55
gross weight of the vehicle fully equipped computed in the manner	56
prescribed in section 4503.08 of the Revised Code;	57

(2) The name and residence address of the owner, and the	58
township and municipal corporation in which the owner resides;	59

(3) The district of registration, which shall be determined	60
as follows:	61

(a) In case the motor vehicle to be registered is used for	62
hire or principally in connection with any established business or	63
branch business, conducted at a particular place, the district of	64
registration is the municipal corporation in which that place is	65
located or, if not located in any municipal corporation, the	66
county and township in which that place is located.	67

(b) In case the vehicle is not so used, the district of	68
registration is the municipal corporation or county in which the	69
owner resides at the time of making the application.	70

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

71

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

72

(6) Whether the fees required to be paid for the registration	73
or transfer of the motor vehicle, during the preceding	74
registration year and during the preceding period of the current	75
registration year, have been paid. Each application for	76
registration shall be signed by the owner, either manually or by	77
electronic signature, or pursuant to obtaining a limited power of	78
attorney authorized by the registrar for registration, or other	79
document authorizing such signature. If the owner elects to apply	80
for or renew the motor vehicle registration with the registrar by	81
electronic means, the owner's manual signature is not required.	82

(7) The owner's social security number, driver's license	83
number, or state identification number, or, where a motor vehicle	84
to be registered is used for hire or principally in connection	85
with any established business, the owner's federal taxpayer	86
identification number. The bureau of motor vehicles shall retain	87
in its records all social security numbers provided under this	88
section, but the bureau shall not place social security numbers on	89
motor vehicle certificates of registration.	90

(B) Except as otherwise provided in this division, each time	91
an applicant first registers a motor vehicle in the applicant's	92
name, the applicant shall present for inspection a physical	93
certificate of title or memorandum certificate showing title to	94
the motor vehicle to be registered in the name of the applicant if	95
a physical certificate of title or memorandum certificate has been	96
issued by a clerk of a court of common pleas. If, under sections	97
4505.021, 4505.06, and 4505.08 of the Revised Code, a clerk	98
instead has issued an electronic certificate of title for the	99
applicant's motor vehicle, that certificate may be presented for	100
inspection at the time of first registration in a manner	101
prescribed by rules adopted by the registrar. An applicant is not	102
required to present a certificate of title to an electronic motor	103
vehicle dealer acting as a limited authority deputy registrar in	104
accordance with rules adopted by the registrar. When a motor	105
vehicle inspection and maintenance program is in effect under	106
section 3704.14 of the Revised Code and rules adopted under it,	107
each application for registration for a vehicle required to be	108
inspected under that section and those rules shall be accompanied	109
by an inspection certificate for the motor vehicle issued in	110
accordance with that section. The application shall be refused if	111
any of the following applies:	112

(1) The application is not in proper form.

113

(2) The application is prohibited from being accepted by	114
division (D) of section 2935.27, division (A) of section 2937.221,	115
division (A) of section 4503.13, division (B) of section 4510.22,	116
or division (B)(1) of section 4521.10 of the Revised Code.	117

(3) A certificate of title or memorandum certificate of title	118
is required but does not accompany the application or, in the case	119
of an electronic certificate of title, is required but is not	120
presented in a manner prescribed by the registrar's rules.	121

(4) All registration and transfer fees for the motor vehicle,	122
for the preceding year or the preceding period of the current	123
registration year, have not been paid.	124

(5) The owner or lessee does not have an inspection	125
certificate for the motor vehicle as provided in section 3704.14	126
of the Revised Code, and rules adopted under it, if that section	127
is applicable.	128

(6) The registrar or deputy registrar was unable to verify a	129
current, valid motor-vehicle liability policy or other proof of	130
financial responsibility under section 4503.20 of the Revised	131
Code.	132

This section does not require the payment of license or	133
registration taxes on a motor vehicle for any preceding year, or	134
for any preceding period of a year, if the motor vehicle was not	135
taxable for that preceding year or period under sections 4503.02,	136
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	137
Revised Code. When a certificate of registration is issued upon	138
the first registration of a motor vehicle by or on behalf of the	139
owner, the official issuing the certificate shall indicate the	140
issuance with a stamp on the certificate of title or memorandum	141
certificate or, in the case of an electronic certificate of title,	142
an electronic stamp or other notation as specified in rules	143
adopted by the registrar, and with a stamp on the inspection	144
certificate for the motor vehicle, if any. The official also shall	145
indicate, by a stamp or by other means the registrar prescribes,	146
on the registration certificate issued upon the first registration	147
of a motor vehicle by or on behalf of the owner the odometer	148
reading of the motor vehicle as shown in the odometer statement	149
included in or attached to the certificate of title. Upon each	150
subsequent registration of the motor vehicle by or on behalf of	151
the same owner, the official also shall so indicate the odometer	152
reading of the motor vehicle as shown on the immediately preceding	153
certificate of registration.	154

The registrar shall include in the permanent registration	155
record of any vehicle required to be inspected under section	156
3704.14 of the Revised Code the inspection certificate number from	157
the inspection certificate that is presented at the time of	158
registration of the vehicle as required under this division.	159

(C)(1) Except as otherwise provided in division (C)(1) of	160
this section, for each registration renewal with an expiration	161
date on or after October 1, 2003, and for each initial application	162
for registration received on and after that date, the registrar	163
and each deputy registrar shall collect an additional fee of	164
eleven dollars for each application for registration and	165
registration renewal received. For vehicles specified in divisions	166
(A)(1) to (21) of section 4503.042 of the Revised Code, commencing	167
with each registration renewal with an expiration date on or after	168
October 1, 2009, and for each initial application received on or	169
after that date, the registrar and deputy registrar shall collect	170
an additional fee of thirty dollars for each application for	171
registration and registration renewal received. The additional fee	172
is for the purpose of defraying the department of public safety's	173
costs associated with the administration and enforcement of the	174
motor vehicle and traffic laws of Ohio. Each deputy registrar	175
shall transmit the fees collected under division (C)(1) of this	176
section in the time and manner provided in this section. The	177
registrar shall deposit all moneys received under division (C)(1)	178
of this section into the state highway safety fund established in	179
section 4501.06 of the Revised Code.	180

(2) In addition, a charge of twenty-five cents shall be made	181
for each reflectorized safety license plate issued, and a single	182
charge of twenty-five cents shall be made for each county	183
identification sticker or each set of county identification	184
stickers issued, as the case may be, to cover the cost of	185
producing the license plates and stickers, including material,	186
manufacturing, and administrative costs. Those fees shall be in	187
addition to the license tax. If the total cost of producing the	188
plates is less than twenty-five cents per plate, or if the total	189
cost of producing the stickers is less than twenty-five cents per	190
sticker or per set issued, any excess moneys accruing from the	191
fees shall be distributed in the same manner as provided by	192
section 4501.04 of the Revised Code for the distribution of	193
license tax moneys. If the total cost of producing the plates	194
exceeds twenty-five cents per plate, or if the total cost of	195
producing the stickers exceeds twenty-five cents per sticker or	196
per set issued, the difference shall be paid from the license tax	197
moneys collected pursuant to section 4503.02 of the Revised Code.	198

(D) Each deputy registrar shall be allowed a fee of three	199
dollars and fifty cents for each application for registration and	200
registration renewal notice the deputy registrar receives, which	201
shall be for the purpose of compensating the deputy registrar for	202
the deputy registrar's services, and such office and rental	203
expenses, as may be necessary for the proper discharge of the	204
deputy registrar's duties in the receiving of applications and	205
renewal notices and the issuing of registrations.	206

(E) Upon the certification of the registrar, the county	207
sheriff or local police officials shall recover license plates	208
erroneously or fraudulently issued.	209

(F) Each deputy registrar, upon receipt of any application	210
for registration or registration renewal notice, together with the	211
license fee and any local motor vehicle license tax levied	212
pursuant to Chapter 4504. of the Revised Code, shall transmit that	213
fee and tax, if any, in the manner provided in this section,	214
together with the original and duplicate copy of the application,	215
to the registrar. The registrar, subject to the approval of the	216
director of public safety, may deposit the funds collected by	217
those deputies in a local bank or depository to the credit of the	218
"state of Ohio, bureau of motor vehicles." Where a local bank or	219
depository has been designated by the registrar, each deputy	220
registrar shall deposit all moneys collected by the deputy	221
registrar into that bank or depository not more than one business	222
day after their collection and shall make reports to the registrar	223
of the amounts so deposited, together with any other information,	224
some of which may be prescribed by the treasurer of state, as the	225
registrar may require and as prescribed by the registrar by rule.	226
The registrar, within three days after receipt of notification of	227
the deposit of funds by a deputy registrar in a local bank or	228
depository, shall draw on that account in favor of the treasurer	229
of state. The registrar, subject to the approval of the director	230
and the treasurer of state, may make reasonable rules necessary	231
for the prompt transmittal of fees and for safeguarding the	232
interests of the state and of counties, townships, municipal	233
corporations, and transportation improvement districts levying	234
local motor vehicle license taxes. The registrar may pay service	235
charges usually collected by banks and depositories for such	236
service. If deputy registrars are located in communities where	237
banking facilities are not available, they shall transmit the fees	238
forthwith, by money order or otherwise, as the registrar, by rule	239
approved by the director and the treasurer of state, may	240
prescribe. The registrar may pay the usual and customary fees for	241
such service.	242

(G) This section does not prevent any person from making an	243
application for a motor vehicle license directly to the registrar	244
by mail, by electronic means, or in person at any of the	245
registrar's offices, upon payment of a service fee of three	246
dollars and fifty cents for each application.	247

(H) No person shall make a false statement as to the district	248
of registration in an application required by division (A) of this	249
section. Violation of this division is falsification under section	250
2921.13 of the Revised Code and punishable as specified in that	251
section.	252

(I)(1) Where applicable, the requirements of division (B) of	253
this section relating to the presentation of an inspection	254
certificate issued under section 3704.14 of the Revised Code and	255
rules adopted under it for a motor vehicle, the refusal of a	256
license for failure to present an inspection certificate, and the	257
stamping of the inspection certificate by the official issuing the	258
certificate of registration apply to the registration of and	259
issuance of license plates for a motor vehicle under sections	260
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	261
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	262
4503.47, and 4503.51 of the Revised Code.	263

(2)(a) The registrar shall adopt rules ensuring that each	264
owner registering a motor vehicle in a county where a motor	265
vehicle inspection and maintenance program is in effect under	266
section 3704.14 of the Revised Code and rules adopted under it	267
receives information about the requirements established in that	268
section and those rules and about the need in those counties to	269
present an inspection certificate with an application for	270
registration or preregistration.	271

(b) Upon request, the registrar shall provide the director of	272
environmental protection, or any person that has been awarded a	273
contract under section 3704.14 of the Revised Code, an on-line	274
computer data link to registration information for all passenger	275
cars, noncommercial motor vehicles, and commercial cars that are	276
subject to that section. The registrar also shall provide to the	277
director of environmental protection a magnetic data tape	278
containing registration information regarding passenger cars,	279
noncommercial motor vehicles, and commercial cars for which a	280
multi-year registration is in effect under section 4503.103 of the	281
Revised Code or rules adopted under it, including, without	282
limitation, the date of issuance of the multi-year registration,	283
the registration deadline established under rules adopted under	284
section 4503.101 of the Revised Code that was applicable in the	285
year in which the multi-year registration was issued, and the	286
registration deadline for renewal of the multi-year registration.	287

(J) Subject to division (K) of this section, application for	288
registration under the international registration plan, as set	289
forth in sections 4503.60 to 4503.66 of the Revised Code, shall be	290
made to the registrar on forms furnished by the registrar. In	291
accordance with international registration plan guidelines and	292
pursuant to rules adopted by the registrar, the forms shall	293
include the following:	294

(1) A uniform mileage schedule;

295

(2) The gross vehicle weight of the vehicle or combined gross	296
vehicle weight of the combination vehicle as declared by the	297
registrant;	298

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

299

(K) The registrar shall determine the feasibility of	300
implementing an electronic commercial fleet licensing and	301
management program that will enable the owners of commercial	302
tractors, commercial trailers, and commercial semitrailers to	303
conduct electronic transactions by July 1, 2010, or sooner. If the	304
registrar determines that implementing such a program is feasible,	305
the registrar shall adopt new rules under this division or amend	306
existing rules adopted under this division as necessary in order	307
to respond to advances in technology.	308

If international registration plan guidelines and provisions	309
allow member jurisdictions to permit applications for	310
registrations under the international registration plan to be made	311
via the internet, the rules the registrar adopts under this	312
division shall permit such action.	313

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

314

(1) "Dealer engaged in the business of leasing motor	315
vehicles" means any person engaged in the business of regularly	316
making available, offering to make available, or arranging for	317
another person to use a motor vehicle pursuant to a bailment,	318
lease, or other contractual arrangement.	319

(2) "Motor vehicle," has"motor-vehicle liability policy,"	320
and "proof of financial responsibility" have the meaningmeanings	321
set forth in section 4509.01 of the Revised Code.	322

(B) An application for the registration or registration	323
renewal of a motor vehicle shall contain a statement, to be signed	324
by the applicant either manually or by electronic signature, that	325
does all of the following:	326

(1) States that the applicant maintains, or has maintained on	327
the applicant's behalf, proof of financial responsibility at the	328
time of application, and will not operate a motor vehicle in this	329
state, unless the applicant maintains, with respect to that motor	330
vehicle or the operation of such vehicle, proof of financial	331
responsibility;	332

(2) Contains a brief summary of the purposes and operation of	333
section 4509.101 of the Revised Code, the rights and duties of the	334
applicant under that section, and the penalties for violation of	335
that section;	336

(3) Notifies the applicant that the application will be	337
refused if, on and after July 1, 2014, the registrar or deputy	338
registrar is unable to verify a current, valid motor-vehicle	339
liability policy or other proof of financial responsibility;	340

(4) Warns the applicant that the financial responsibility law	341
does not prevent the possibility that the applicant may be	342
involved in an accident with an owner or operator of a motor	343
vehicle who is without proof of financial responsibility.	344

(C)(1) A person who purchases any motor vehicle from a	345
licensed motor vehicle dealer who agrees to make application for	346
registration of the motor vehicle on behalf of the purchaser shall	347
sign statements that comply with divisions (B) and (F) of this	348
section. The dealer shall submit the statements to the deputy	349
registrar where the dealer has agreed to make application for	350
registration on behalf of the person.	351

(2) In the case of a person who leases any motor vehicle from	352
a dealer engaged in the business of leasing motor vehicles who	353
agrees to make application for registration of the motor vehicle	354
on behalf of the lessee, the person shall sign a statement that	355
complies with division (B) of this section, and the dealer shall	356
do either of the following:	357

(a) Submit the statement signed by the person to the deputy	358
registrar where the dealer has agreed to make application for	359
registration on behalf of the person;	360

(b) Sign and submit a statement to the deputy registrar that	361
certifies that a statement has been signed and filed with the	362
dealer or incorporated into the lease.	363

The dealer shall submit to the registrar or deputy registrar	364
to whom the dealer submits the application for registration a	365
statement signed by the person that complies with division (F) of	366
this section.	367

(D) The registrar of motor vehicles shall prescribe the form	368
of the statements required under divisions (B), (C), and (F) of	369
this section, and the manner or manners in which the statements	370
required under divisions (B) and (F) of this section shall be	371
presented to the applicant. Any statement that is required under	372
divisions (B), (C), and (F) of this section shall be designed to	373
enable the applicant to retain a copy of it.	374

(E) Nothing within this section shall be construed to excuse	375
a violation of section 4509.101 of the Revised Code. A motor	376
vehicle dealer who makes application for the registration of a	377
motor vehicle on behalf of the purchaser or lessee of the motor	378
vehicle is not liable in damages in any civil action on account of	379
the act of making such application for registration or the content	380
of any such application for registration.	381

(F) In addition to the statements required by divisions (B)	382
and (C) of this section, a person who makes application for	383
registration or registration renewal of a motor vehicle shall be	384
furnished with a form that lists in plain language all the	385
possible penalties to which a person could be subject for a	386
violation of the financial responsibility law, including driver's	387
license suspensions; all fees, including nonvoluntary compliance	388
and reinstatement fees; and vehicle immobilization or impoundment.	389
The person shall read the form and either manually or by	390
electronic signature sign the form, which shall be submitted along	391
with the application for registration or registration renewal as	392
provided in this section. The form shall be retained by the	393
registrar or deputy registrar who issues the motor vehicle	394
registration or the registrar's or deputy registrar's successor	395
for a period of two years from the date of issuance of the	396
registration.	397

(G)(1) On and after July 1, 2014, upon receipt of an	398
application for registration or registration renewal, the	399
registrar or deputy registrar shall access the electronic motor	400
vehicle insurance verification system established under section	401
4509.03 of the Revised Code to verify compliance with the proof of	402
financial responsibility requirements of section 4509.101 of the	403
Revised Code. An applicant who maintains proof of financial	404
responsibility that is not a motor-vehicle liability policy but	405
that is otherwise acceptable under Chapter 4509. of the Revised	406
Code shall provide the registrar or deputy registrar with	407
documents or a copy of the documents authorized under division (G)	408
of section 4509.101 of the Revised Code. If the registrar or	409
deputy registrar is unable to verify current, valid proof of	410
financial responsibility with respect to the applicant, the	411
registrar or deputy registrar shall refuse the application for	412
registration or registration renewal.	413

(2) Upon the registration of a motor vehicle, the owner of	414
the motor vehicle is deemed to have agreed to the production of	415
proof of financial responsibility by the owner or the operator of	416
the motor vehicle, upon the request of a peace officer or state	417
highway patrol trooper made in accordance with division (E)(D)(2)	418
of section 4509.101 of the Revised Code.	419

(H) The registrar shall adopt rules governing the renewal of	420
motor vehicle registrations by electronic means and the completion	421
and submission of statements that comply with divisions (B) and	422
(F) of this section. The registrar shall adopt the rules	423
prescribed by this division in accordance with Chapter 119. of the	424
Revised Code.	425

Sec. 4509.03.  (A) The registrar of motor vehicles shall	426
administer and enforce sections 4509.01 to 4509.78 of the Revised	427
Code. HeThe registrar may make rules necessary for such	428
administration and shall provide for hearings upon request of	429
persons aggrieved by histhe registrar's orders or acts in	430
accordance with sections 119.01 to 119.13 of the Revised Code	431
except as otherwise provided under section 4509.101 or any other	432
section of the Revised Code.	433

(B) The registrar, with the approval of the director of	434
public safety, shall provide suitable forms for the purposes of	435
sections 4509.01 to 4509.78 of of the Revised Code.	436

(C)(1) The registrar, with the approval of the director of	437
public safety, shall adopt rules in accordance with Chapter 119.	438
of the Revised Code to establish an electronic motor vehicle	439
insurance verification system to verify compliance with the proof	440
of financial responsibility requirements of this chapter when	441
maintained through a motor-vehicle liability policy. The rules	442
shall require the system to:	443

(a) Receive information from insurers under section 4509.031	444
of the Revised Code to verify current, valid motor-vehicle	445
liability policy proof of financial responsibility and identify	446
motor vehicles that are not covered by such a policy;	447

(b) Include appropriate provisions to secure the system's	448
data against unauthorized access;	449

(c) Be accessible, without fee, to authorized personnel of	450
the bureau of motor vehicles, deputy registrars, the courts, and	451
peace officers;	452

(d) Be available twenty-four hours a day, seven days a week	453
to verify the insurance status of motor vehicles operated in this	454
state, subject to reasonable allowances for scheduled maintenance	455
or temporary system failures;	456

(2) The system shall be installed and operational not later	457
than July 1, 2014, following an appropriate testing period.	458

(3) Information in the system shall be available to the	459
department of public safety for all purposes authorized by law.	460

(4) The registrar may contract with a private vendor to	461
establish and maintain the system. The registrar may use any	462
existing, secure network available to peace officers to exchange	463
information for the purposes of division (D)(2) of section	464
4509.101 of the Revised Code.	465

(5) Each insurer that delivers, issues for delivery, or	466
renews in this state motor-vehicle liability policies that provide	467
proof of financial responsibility under section 4509.101 of the	468
Revised Code shall cooperate with the registrar in establishing	469
and maintaining the system. In addition, each such insurer shall	470
provide information necessary to verify current, valid proof of	471
financial responsibility for any person to whom it issues or has	472
issued a motor-vehicle liability policy in accordance with section	473
4509.031 of the Revised Code.	474

Sec. 4509.031. (A) Each insurer that delivers, issues for	475
delivery, or renews in this state motor-vehicle liability policies	476
that provide proof of financial responsibility under section	477
4509.101 of the Revised Code shall furnish the bureau of motor	478
vehicles with the following information:	479

(1) The names and addresses, as shown in its records, of both	480
of the following:	481

(a) All persons to whom it issues such policies;

482

(b) All persons who cancel such policies of the insurer or	483
allow such policies to lapse through failure to pay the premium	484
due.	485

(2) For each person identified under division (A)(1) of this	486
section, a brief description of each motor vehicle that is covered	487
by the motor-vehicle liability policy, including the year, make,	488
model, and vehicle identification number.	489

(B) Each insurer shall furnish the bureau with the	490
information described in division (A) of this section not later	491
than five business days after the date of issuance of the	492
motor-vehicle liability policy or the date of cancellation or	493
lapsing of the policy, as the case may be.	494

(C) The registrar of motor vehicles shall promptly enter the	495
information described under division (A) of this section into the	496
electronic motor vehicle insurance verification system created	497
under section 4509.03 of the Revised Code. The registrar may	498
require such information to be sent to the bureau via electronic	499
means.	500

Sec. 4509.032.  (A) The bureau of motor vehicles shall	501
monitor the electronic motor vehicle insurance verification system	502
created under section 4509.03 of the Revised Code. If, through	503
monitoring, the bureau determines that a person has not maintained	504
the person's motor-vehicle liability policy that provides proof of	505
financial responsibility, the registrar shall do the following:	506

(1) Notify the person that the electronic motor vehicle	507
insurance verification system indicates the person does not have a	508
current, valid motor-vehicle liability policy for proof of	509
insurance and that the person must present the registrar with	510
proof of financial responsibility in accordance with division (G)	511
of section 4509.101 of the Revised Code. Notification shall be in	512
writing and shall be sent to the person at the person's last known	513
address as shown on the records of the bureau of motor vehicles.	514
The person, within twenty-one days after the date of the mailing	515
of notification, shall do one of the following:	516

(a) Demonstrate that the person currently has a valid	517
motor-vehicle liability policy or other proof of financial	518
responsibility as required by this chapter;	519

(b) Surrender the certificate of registration, license	520
plates, and license to the registrar in a manner set forth in	521
division (A)(4) of section 4509.101 of the Revised Code; or	522

(c) Submit a statement subject to section 2921.13 of the	523
Revised Code that the person did not operate or permit the	524
operation of the motor vehicle without maintaining proof of	525
financial responsibility as required under this chapter, together	526
with other information the person considers appropriate.	527

(2) If, within twenty-one days of the mailing of the notice	528
under division (A)(1) of this section, the person does not take	529
any action described in divisions (A)(1)(a) to (c) of this	530
section, the registrar shall send a second notice to the person	531
advising the person that the person is in violation of division	532
(A) of section 4509.101 of the Revised Code and that the registrar	533
shall order the suspension of the person's driver's license in	534
accordance with division (A)(2)(a), (b), or (c) of section	535
4509.101 of the Revised Code and the impoundment of the person's	536
certificate of registration and license plates in accordance with	537
division (A)(2)(d) of section 4509.101 of the Revised Code	538
effective thirty days after the date of the mailing of the second	539
notification.	540

(B) If, prior to the end of the thirty-day period described	541
in division (A)(2) of this section, the person does not take any	542
action described in divisions (A)(1)(a) to (c) of this section,	543
the registrar shall order the suspension of the license of the	544
person in accordance with division (A)(2)(a), (b), or (c) of	545
section 4509.101 of the Revised Code and the impoundment of the	546
person's certificate of registration and license plates in	547
accordance with division (A)(2)(d) of section 4509.101 of the	548
Revised Code.	549

(C) Any person adversely affected by the order of the	550
registrar under this section, within ten days after the issuance	551
of the order, may request an administrative hearing before the	552
registrar, who shall provide the person with an opportunity for a	553
hearing in accordance with division (D)(5)(c) of section 4509.101	554
of the Revised Code.	555

(D) Except as provided in division (E) of this section, the	556
registrar shall not restore a person's operating privileges or	557
registration rights suspended under this section, or return any	558
license, certificate of registration, or license plates impounded	559
under this section, unless the person complies with division	560
(A)(5) of section 4509.101 of the Revised Code or unless those	561
rights and privileges are otherwise restored pursuant to this	562
section and section 4509.101 of the Revised Code.	563

(E) In accordance with division (L) of section 4509.101 of	564
the Revised Code, the registrar may terminate any suspension	565
imposed under this section and not require the owner to comply	566
with divisions (A)(5)(a), (b), and (c) of section 4509.101 of the	567
Revised Code.	568

Sec. 4509.101.  (A)(1) No person shall operate, or permit the	569
operation of, a motor vehicle in this state, unless proof of	570
financial responsibility is maintained continuously throughout the	571
registration period with respect to that vehicle, or, in the case	572
of a driver who is not the owner, with respect to that driver's	573
operation of that vehicle.	574

(2) Whoever violates division (A)(1) of this section shall be	575
subject to the following civil penalties:	576

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	577
class (F) suspension of the person's driver's license, commercial	578
driver's license, temporary instruction permit, probationary	579
license, or nonresident operating privilege for the period of time	580
specified in division (B)(6) of section 4510.02 of the Revised	581
Code and impoundment of the person's license.	582

(b) If, within five years of the violation, the person's	583
operating privileges are again suspended and the person's license	584
again is impounded for a violation of division (A)(1) of this	585
section, a class C suspension of the person's driver's license,	586
commercial driver's license, temporary instruction permit,	587
probationary license, or nonresident operating privilege for the	588
period of time specified in division (B)(3) of section 4510.02 of	589
the Revised Code. The court may grant limited driving privileges	590
to the person only if the person presents proof of financial	591
responsibility and has complied with division (A)(5) of this	592
section, and no court may grant limited driving privileges for the	593
first fifteen days of the suspension.	594

(c) If, within five years of the violation, the person's	595
operating privileges are suspended and the person's license is	596
impounded two or more times for a violation of division (A)(1) of	597
this section, a class B suspension of the person's driver's	598
license, commercial driver's license, temporary instruction	599
permit, probationary license, or nonresident operating privilege	600
for the period of time specified in division (B)(2) of section	601
4510.02 of the Revised Code. The court may grant limited driving	602
privileges to the person only if the person presents proof of	603
financial responsibility and has complied with division (A)(5) of	604
this section, except that no court may grant limited driving	605
privileges for the first thirty days of the suspension.	606

(d) In addition to the suspension of an owner's license under	607
division (A)(2)(a), (b), or (c) of this section, the suspension of	608
the rights of the owner to register the motor vehicle and the	609
impoundment of the owner's certificate of registration and license	610
plates until the owner complies with division (A)(5) of this	611
section.	612

(3) A person to whom this state has issued a certificate of	613
registration for a motor vehicle or a license to operate a motor	614
vehicle or who is determined to have operated any motor vehicle or	615
permitted the operation in this state of a motor vehicle owned by	616
the person shall be required to verify the existence of proof of	617
financial responsibility covering the operation of the motor	618
vehicle or the person's operation of the motor vehicle under any	619
either of the following circumstances:	620

(a) The person or a motor vehicle owned by the person is	621
involved in a traffic accident that requires the filing of an	622
accident report under section 4509.06 of the Revised Code.	623

(b) The person receives a traffic ticket indicating that	624
proof of the maintenance of financial responsibility was not	625
produced upon the request of a peace officer or state highway	626
patrol trooper made in accordance with division (D)(2) of this	627
section.	628

(c) Whenever, in accordance with rules adopted by the	629
registrar, the person is randomly selected by the registrar and	630
requested to provide such verification.	631

(4) An order of the registrar that suspends and impounds a	632
license or registration, or both, shall state the date on or	633
before which the person is required to surrender the person's	634
license or certificate of registration and license plates. The	635
person is deemed to have surrendered the license or certificate of	636
registration and license plates, in compliance with the order, if	637
the person does either of the following:	638

(a) On or before the date specified in the order, personally	639
delivers the license or certificate of registration and license	640
plates, or causes the delivery of the items, to the registrar;	641

(b) Mails the license or certificate of registration and	642
license plates to the registrar in an envelope or container	643
bearing a postmark showing a date no later than the date specified	644
in the order.	645

(5) Except as provided in division (A)(6) or (L) of this	646
section, the registrar shall not restore any operating privileges	647
or registration rights suspended under this section, return any	648
license, certificate of registration, or license plates impounded	649
under this section, or reissue license plates under section	650
4503.232 of the Revised Code, if the registrar destroyed the	651
impounded license plates under that section, or reissue a license	652
under section 4510.52 of the Revised Code, if the registrar	653
destroyed the suspended license under that section, unless the	654
rights are not subject to suspension or revocation under any other	655
law and unless the person, in addition to complying with all other	656
conditions required by law for reinstatement of the operating	657
privileges or registration rights, complies with all of the	658
following:	659

(a) Pays to the registrar or an eligible deputy registrar a	660
financial responsibility reinstatement fee of one hundred dollars	661
for the first violation of division (A)(1) of this section, three	662
hundred dollars for a second violation of that division, and six	663
hundred dollars for a third or subsequent violation of that	664
division;	665

(b) If the person has not voluntarily surrendered the	666
license, certificate, or license plates in compliance with the	667
order, pays to the registrar or an eligible deputy registrar a	668
financial responsibility nonvoluntary compliance fee in an amount,	669
not to exceed fifty dollars, determined by the registrar;	670

(c) Files and continuously maintains proof of financial	671
responsibility under sections 4509.44 to 4509.65 of the Revised	672
Code;	673

(d) Pays a deputy registrar a service fee of ten dollars to	674
compensate the deputy registrar for services performed under this	675
section. The deputy registrar shall retain eight dollars of the	676
service fee and shall transmit the reinstatement fee, any	677
nonvoluntary compliance fee, and two dollars of the service fee to	678
the registrar in the manner the registrar shall determine.	679

(6) If the registrar issues an order under division (A)(2) of	680
this section resulting from the failure of a person to respond to	681
a financial responsibility random verification request under	682
division (A)(3)(c) of this section and the person successfully	683
maintains an affirmative defense to a violation of section 4510.16	684
of the Revised Code or is determined by the registrar or a deputy	685
registrar to have been in compliance with division (A)(1) of this	686
section at the time of the initial financial responsibility random	687
verification request, the registrar shall do both of the	688
following:	689

(a) Terminate the order of suspension or impoundment;

690

(b) Restore the operating privileges and registration rights	691
of the person without payment of the fees established in divisions	692
(A)(5)(a) and (b) of this section and without a requirement to	693
file proof of financial responsibility.	694

(B)(1) Every party required to file an accident report under	695
section 4509.06 of the Revised Code also shall include with the	696
report a document described in division (G)(1) of this section.	697

If the registrar determines, within forty-five days after the	698
report is filed, that an operator or owner has violated division	699
(A)(1) of this section, the registrar shall do all of the	700
following:	701

(a) Order the impoundment, with respect to the motor vehicle	702
involved, required under division (A)(2)(d) of this section, of	703
the certificate of registration and license plates of any owner	704
who has violated division (A)(1) of this section;	705

(b) Order the suspension required under division (A)(2)(a),	706
(b), or (c) of this section of the license of any operator or	707
owner who has violated division (A)(1) of this section;	708

(c) Record the name and address of the person whose	709
certificate of registration and license plates have been impounded	710
or are under an order of impoundment, or whose license has been	711
suspended or is under an order of suspension; the serial number of	712
the person's license; the serial numbers of the person's	713
certificate of registration and license plates; and the person's	714
social security account number, if assigned, or, where the motor	715
vehicle is used for hire or principally in connection with any	716
established business, the person's federal taxpayer identification	717
number. The information shall be recorded in such a manner that it	718
becomes a part of the person's permanent record, and assists the	719
registrar in monitoring compliance with the orders of suspension	720
or impoundment.	721

(d) Send written notification to every person to whom the	722
order pertains, at the person's last known address as shown on the	723
records of the bureau. The person, within ten days after the date	724
of the mailing of the notification, shall surrender to the	725
registrar, in a manner set forth in division (A)(4) of this	726
section, any certificate of registration and registration plates	727
under an order of impoundment, or any license under an order of	728
suspension.	729

(2) The registrar shall issue any order under division (B)(1)	730
of this section without a hearing. Any person adversely affected	731
by the order, within ten days after the issuance of the order, may	732
request an administrative hearing before the registrar, who shall	733
provide the person with an opportunity for a hearing in accordance	734
with this paragraph. A request for a hearing does not operate as a	735
suspension of the order. The scope of the hearing shall be limited	736
to whether the person in fact demonstrated to the registrar proof	737
of financial responsibility in accordance with this section. The	738
registrar shall determine the date, time, and place of any	739
hearing, provided that the hearing shall be held, and an order	740
issued or findings made, within thirty days after the registrar	741
receives a request for a hearing. If requested by the person in	742
writing, the registrar may designate as the place of hearing the	743
county seat of the county in which the person resides or a place	744
within fifty miles of the person's residence. The person shall pay	745
the cost of the hearing before the registrar, if the registrar's	746
order of suspension or impoundment is upheld.	747

(C) Any order of suspension or impoundment issued under this	748
section or division (B) of section 4509.37 of the Revised Code may	749
be terminated at any time if the registrar determines upon a	750
showing of proof of financial responsibility that the operator or	751
owner of the motor vehicle was in compliance with division (A)(1)	752
of this section at the time of the traffic offense, motor vehicle	753
inspection, or accident that resulted in the order against the	754
person. A determination may be made without a hearing. This	755
division does not apply unless the person shows good cause for the	756
person's failure to present satisfactory proof of financial	757
responsibility to the registrar prior to the issuance of the	758
order.	759

(D)(1)(a) For the purpose of enforcing this section, every	760
peace officer is deemed an agent of the registrar.	761

(a) Except as provided in division (D)(1)(b) of this section,	762
any(b) Any peace officer who, in the performance of the peace	763
officer's duties as authorized by law, becomes aware of a person	764
whose license is under an order of suspension, or whose	765
certificate of registration and license plates are under an order	766
of impoundment, pursuant to this section, may confiscate the	767
license, certificate of registration, and license plates, and	768
return them to the registrar.	769

(b) Any peace officer who, in the performance of the peace	770
officer's duties as authorized by law, becomes aware of a person	771
whose license is under an order of suspension, or whose	772
certificate of registration and license plates are under an order	773
of impoundment resulting from failure to respond to a financial	774
responsibility random verification, shall not, for that reason,	775
arrest the owner or operator or seize the vehicle or license	776
plates. Instead, the peace officer shall issue a citation for a	777
violation of section 4510.16 of the Revised Code specifying the	778
circumstances as failure to respond to a financial responsibility	779
random verification.	780

(2) A peace officer shall request the owner or operator of a	781
motor vehicle to produce proof of financial responsibility in a	782
manner described in division (G) of this section at the time the	783
peace officer acts to enforce the traffic laws of this state and	784
during motor vehicle inspections conducted pursuant to section	785
4513.02 of the Revised Code. A peace officer may access an	786
electronic motor vehicle insurance verification system available	787
in accordance with section 4509.03 of the Revised Code to verify	788
compliance with the proof of financial responsibility requirements	789
of this section. For a motor-vehicle liability policy, the	790
response received from the system supersedes any motor-vehicle	791
liability policy proof of financial responsibility produced by a	792
motor vehicle owner or operator. If the electronic verification	793
system indicates that the person does not have a current, valid	794
motor-vehicle liability policy and the person does not provide	795
other valid proof of financial responsibility, the peace officer	796
shall proceed in the same manner as if the person was unable to	797
produce proof of financial responsibility.	798

(3) A peace officer shall indicate on every traffic ticket	799
whether the person receiving the traffic ticket produced proof of	800
the maintenance of financial responsibility in response to the	801
officer's request under division (D)(2) of this section. The peace	802
officer shall inform every person who receives a traffic ticket	803
and who has failed to produce proof of the maintenance of	804
financial responsibility that the person must submit proof to the	805
traffic violations bureau with any payment of a fine and costs for	806
the ticketed violation or, if the person is to appear in court for	807
the violation, the person must submit proof to the court.	808

(4)(a) If a person who has failed to produce proof of the	809
maintenance of financial responsibility appears in court for a	810
ticketed violation, the court may permit the defendant to present	811
evidence of proof of financial responsibility to the court at such	812
time and in such manner as the court determines to be necessary or	813
appropriate. In a manner prescribed by the registrar, the clerk of	814
courts shall provide the registrar with the identity of any person	815
who fails to submit proof of the maintenance of financial	816
responsibility pursuant to division (D)(3) of this section.	817

(b) If a person who has failed to produce proof of the	818
maintenance of financial responsibility also fails to submit that	819
proof to the traffic violations bureau with payment of a fine and	820
costs for the ticketed violation, the traffic violations bureau,	821
in a manner prescribed by the registrar, shall notify the	822
registrar of the identity of that person.	823

(5)(a) Upon receiving notice from a clerk of courts or	824
traffic violations bureau pursuant to division (D)(4) of this	825
section, the registrar shall order the suspension of the license	826
of the person required under division (A)(2)(a), (b), or (c) of	827
this section and the impoundment of the person's certificate of	828
registration and license plates required under division (A)(2)(d)	829
of this section, effective thirty days after the date of the	830
mailing of notification. The registrar also shall notify the	831
person that the person must present the registrar with proof of	832
financial responsibility in accordance with this section,	833
surrender to the registrar the person's certificate of	834
registration, license plates, and license, or submit a statement	835
subject to section 2921.13 of the Revised Code that the person did	836
not operate or permit the operation of the motor vehicle at the	837
time of the offense. Notification shall be in writing and shall be	838
sent to the person at the person's last known address as shown on	839
the records of the bureau of motor vehicles. The person, within	840
fifteen days after the date of the mailing of notification, shall	841
present proof of financial responsibility, surrender the	842
certificate of registration, license plates, and license to the	843
registrar in a manner set forth in division (A)(4) of this	844
section, or submit the statement required under this section	845
together with other information the person considers appropriate.	846

If the registrar does not receive proof or the person does	847
not surrender the certificate of registration, license plates, and	848
license, in accordance with this division, the registrar shall	849
permit the order for the suspension of the license of the person	850
and the impoundment of the person's certificate of registration	851
and license plates to take effect.	852

(b) In the case of a person who presents, within the	853
fifteen-day period, documents to show proof of financial	854
responsibility, the registrar shall terminate the order of	855
suspension and the impoundment of the registration and license	856
plates required under division (A)(2)(d) of this section and shall	857
send written notification to the person, at the person's last	858
known address as shown on the records of the bureau.	859

(c) Any person adversely affected by the order of the	860
registrar under division (D)(5)(a) or (b) of this section, within	861
ten days after the issuance of the order, may request an	862
administrative hearing before the registrar, who shall provide the	863
person with an opportunity for a hearing in accordance with this	864
paragraph. A request for a hearing does not operate as a	865
suspension of the order. The scope of the hearing shall be limited	866
to whether, at the time of the hearing, the person presents proof	867
of financial responsibility covering the vehicle and whether the	868
person is eligible for an exemption in accordance with this	869
section or any rule adopted under it. The registrar shall	870
determine the date, time, and place of any hearing; provided, that	871
the hearing shall be held, and an order issued or findings made,	872
within thirty days after the registrar receives a request for a	873
hearing. If requested by the person in writing, the registrar may	874
designate as the place of hearing the county seat of the county in	875
which the person resides or a place within fifty miles of the	876
person's residence. Such person shall pay the cost of the hearing	877
before the registrar, if the registrar's order of suspension or	878
impoundment under division (D)(5)(a) or (b) of this section is	879
upheld.	880

(6) A peace officer may charge an owner or operator of a	881
motor vehicle with a violation of section 4510.16 of the Revised	882
Code when the owner or operator fails to show proof of the	883
maintenance of financial responsibility pursuant to a peace	884
officer's request under division (D)(2) of this section, if a	885
check of the owner or operator's driving record indicates that the	886
owner or operator, at the time of the operation of the motor	887
vehicle, is required to file and maintain proof of financial	888
responsibility under section 4509.45 of the Revised Code for a	889
previous violation of this chapter.	890

(7) Any forms used by law enforcement agencies in	891
administering this section shall be prescribed, supplied, and paid	892
for by the registrar.	893

(8) No peace officer, law enforcement agency employing a	894
peace officer, or political subdivision or governmental agency	895
that employs a peace officer shall be liable in a civil action for	896
damages or loss to persons arising out of the performance of any	897
duty required or authorized by this section.	898

(9) As used in this division and divisions (E) and (G) of	899
this section, "peace officer" has the meaning set forth in section	900
2935.01 of the Revised Code.	901

(E) All fees, except court costs, fees paid to a deputy	902
registrar, and those portions of the financial responsibility	903
reinstatement fees as otherwise specified in this division,	904
collected under this section shall be paid into the state treasury	905
to the credit of the financial responsibility compliance fund. The	906
financial responsibility compliance fund shall be used exclusively	907
to cover costs incurred by the bureau in the administration of	908
this section and sections 4503.20, 4507.212, and 4509.81 of the	909
Revised Code, and by any law enforcement agency employing any	910
peace officer who returns any license, certificate of	911
registration, and license plates to the registrar pursuant to	912
division (C) of this section, except that the director of budget	913
and management may transfer excess money from the financial	914
responsibility compliance fund to the state bureau of motor	915
vehicles fund if the registrar determines that the amount of money	916
in the financial responsibility compliance fund exceeds the amount	917
required to cover such costs incurred by the bureau or a law	918
enforcement agency and requests the director to make the transfer.	919

Of each financial responsibility reinstatement fee the	920
registrar collects pursuant to division (A)(5)(a) of this section	921
or receives from a deputy registrar under division (A)(5)(d) of	922
this section, the registrar shall deposit twenty-five dollars of	923
each one-hundred-dollar reinstatement fee, fifty dollars of each	924
three-hundred-dollar reinstatement fee, and one hundred dollars of	925
each six-hundred-dollar reinstatement fee into the state treasury	926
to the credit of the indigent defense support fund created by	927
section 120.08 of the Revised Code.	928

All investment earnings of the financial responsibility	929
compliance fund shall be credited to the fund.	930

(F) Chapter 119. of the Revised Code applies to this section	931
only to the extent that any provision in that chapter is not	932
clearly inconsistent with this section.	933

(G)(1) The registrar, court, traffic violations bureau, or	934
peace officer may require proof of financial responsibility to be	935
demonstrated by use of a standard form prescribed by the	936
registrar. If the use of a standard form is not required, a person	937
may demonstrate proof of financial responsibility under this	938
section by presenting to the traffic violations bureau, court,	939
registrar, or peace officer any of the following documents or a	940
copy of the documents:	941

(a) A financial responsibility identification card as	942
provided in section 4509.103 of the Revised Code;	943

(b) A certificate of proof of financial responsibility on a	944
form provided and approved by the registrar for the filing of an	945
accident report required to be filed under section 4509.06 of the	946
Revised Code;	947

(c) A policy of liability insurance, a declaration page of a	948
policy of liability insurance, or liability bond, if the policy or	949
bond complies with section 4509.20 or sections 4509.49 to 4509.61	950
of the Revised Code;	951

(d) A bond or certification of the issuance of a bond as	952
provided in section 4509.59 of the Revised Code;	953

(e) A certificate of deposit of money or securities as	954
provided in section 4509.62 of the Revised Code;	955

(f) A certificate of self-insurance as provided in section	956
4509.72 of the Revised Code.	957

(2) If a person fails to demonstrate proof of financial	958
responsibility in a manner described in division (G)(1) of this	959
section, the person may demonstrate proof of financial	960
responsibility under this section by any other method that the	961
court or the bureau, by reason of circumstances in a particular	962
case, may consider appropriate.	963

(3) A motor carrier certificated by the interstate commerce	964
commission or by the public utilities commission may demonstrate	965
proof of financial responsibility by providing a statement	966
designating the motor carrier's operating authority and averring	967
that the insurance coverage required by the certificating	968
authority is in full force and effect.	969

(4)(a) A finding by the registrar or court that a person is	970
covered by proof of financial responsibility in the form of an	971
insurance policy or surety bond is not binding upon the named	972
insurer or surety or any of its officers, employees, agents, or	973
representatives and has no legal effect except for the purpose of	974
administering this section.	975

(b) The preparation and delivery of a financial	976
responsibility identification card or any other document	977
authorized to be used as proof of financial responsibility under	978
this division does not do any of the following:	979

(i) Create any liability or estoppel against an insurer or	980
surety, or any of its officers, employees, agents, or	981
representatives;	982

(ii) Constitute an admission of the existence of, or of any	983
liability or coverage under, any policy or bond;	984

(iii) Waive any defenses or counterclaims available to an	985
insurer, surety, agent, employee, or representative in an action	986
commenced by an insured or third-party claimant upon a cause of	987
action alleged to have arisen under an insurance policy or surety	988
bond or by reason of the preparation and delivery of a document	989
for use as proof of financial responsibility.	990

(c) Whenever it is determined by a final judgment in a	991
judicial proceeding that an insurer or surety, which has been	992
named on a document accepted by a court or the registrar as proof	993
of financial responsibility covering the operation of a motor	994
vehicle at the time of an accident or offense, is not liable to	995
pay a judgment for injuries or damages resulting from such	996
operation, the registrar, notwithstanding any previous contrary	997
finding, shall forthwith suspend the operating privileges and	998
registration rights of the person against whom the judgment was	999
rendered as provided in division (A)(2) of this section.	1000

(H) In order for any document described in division (G)(1)(b)	1001
of this section to be used for the demonstration of proof of	1002
financial responsibility under this section, the document shall	1003
state the name of the insured or obligor, the name of the insurer	1004
or surety company, and the effective and expiration dates of the	1005
financial responsibility, and designate by explicit description or	1006
by appropriate reference all motor vehicles covered which may	1007
include a reference to fleet insurance coverage.	1008

(I) For purposes of this section, "owner" does not include a	1009
licensed motor vehicle leasing dealer as defined in section	1010
4517.01 of the Revised Code, but does include a motor vehicle	1011
renting dealer as defined in section 4549.65 of the Revised Code.	1012
Nothing in this section or in section 4509.51 of the Revised Code	1013
shall be construed to prohibit a motor vehicle renting dealer from	1014
entering into a contractual agreement with a person whereby the	1015
person renting the motor vehicle agrees to be solely responsible	1016
for maintaining proof of financial responsibility, in accordance	1017
with this section, with respect to the operation, maintenance, or	1018
use of the motor vehicle during the period of the motor vehicle's	1019
rental.	1020

(J) The purpose of this section is to require the maintenance	1021
of proof of financial responsibility with respect to the operation	1022
of motor vehicles on the highways of this state, so as to minimize	1023
those situations in which persons are not compensated for injuries	1024
and damages sustained in motor vehicle accidents. The general	1025
assembly finds that this section contains reasonable civil	1026
penalties and procedures for achieving this purpose.	1027

(K) Nothing in this section shall be construed to be subject	1028
to section 4509.78 of the Revised Code.	1029

(L)(1) The registrar may terminate any suspension imposed	1030
under this section and not require the owner to comply with	1031
divisions (A)(5)(a), (b), and (c) of this section if the registrar	1032
with or without a hearing determines that the owner of the vehicle	1033
has established by clear and convincing evidence that all of the	1034
following apply:	1035

(a) The owner customarily maintains proof of financial	1036
responsibility.	1037

(b) Proof of financial responsibility was not in effect for	1038
the vehicle on the date in question for one of the following	1039
reasons:	1040

(i) The vehicle was inoperable.

1041

(ii) The vehicle is operated only seasonally, and the date in	1042
question was outside the season of operation.	1043

(iii) A person other than the vehicle owner or driver was at	1044
fault for the lapse of proof of financial responsibility through	1045
no fault of the owner or driver.	1046

(iv) The lapse of proof of financial responsibility was	1047
caused by excusable neglect under circumstances that are not	1048
likely to recur and do not suggest a purpose to evade the	1049
requirements of this chapter.	1050

(2) The registrar may grant an owner or driver relief for a	1051
reason specified in division (L)(1)(b)(i) or (ii) of this section	1052
whenever the owner or driver is randomly selected to verify the	1053
existence of proof of financial responsibility for such a vehicle.	1054
However, the registrar may grant an owner or driver relief for a	1055
reason specified in division (L)(1)(b)(iii) or (iv) of this	1056
section only if the owner or driver has not previously been	1057
granted relief under division (L)(1)(b)(iii) or (iv) of this	1058
section.	1059

(M) The registrar shall adopt rules in accordance with	1060
Chapter 119. of the Revised Code that are necessary to administer	1061
and enforce this section. The rules shall include procedures for	1062
the surrender of license plates upon failure to maintain proof of	1063
financial responsibility and provisions relating to reinstatement	1064
of registration rights, acceptable forms of proof of financial	1065
responsibility, and verification of the existence of financial	1066
responsibility during the period of registration.	1067

Sec. 4510.04.  It is an affirmative defense to any	1068
prosecution brought under section 4510.11, 4510.14, 4510.16, or	1069
4510.21 of the Revised Code or under any substantially equivalent	1070
municipal ordinance that the alleged offender drove under	1071
suspension, without a valid permit or driver's or commercial	1072
driver's license, or in violation of a restriction because of a	1073
substantial emergency, and because no other person was reasonably	1074
available to drive in response to the emergency.	1075

It is an affirmative defense to any prosecution brought under	1076
section 4510.16 of the Revised Code that the order of suspension	1077
resulted from the failure of the alleged offender to respond to a	1078
financial responsibility random verification request under	1079
division (A)(3)(c) of section 4509.101 of the Revised Code and	1080
that, at the time of the initial financial responsibility random	1081
verification request, the alleged offender was in compliance with	1082
division (A)(1) of section 4509.101 of the Revised Code as shown	1083
by proof of financial responsibility that was in effect at the	1084
time of that request.	1085

Section 2.  That existing sections 4503.10, 4503.20, 4509.03,	1086
4509.101, and 4510.04 of the Revised Code are hereby repealed.	1087

Section 3.  That Section 3 of Am. Sub. S.B. 20 of the 120th	1088
General Assembly, as amended by Am. Sub. H.B. 215 of the 122nd	1089
General Assembly and Am. Sub. H.B. 163 of the 123rd General	1090
Assembly, is hereby repealed.	1091