Chapter 4501:1-13 Electronic Filing

4501:1-13-01 Process for electronic filing of a certificate of title application on behalf of a purchaser, document retention requirements, and related definitions.

(A) The purpose of this rule is to set forth the location at which, and the manner in which, documents relating to the electronic title application and supporting documents are to be stored when an electronic motor vehicle dealer files the application for a certificate of title on behalf of the purchaser.

(B) Definitions

(1) Electronic motor vehicle dealer - means a motor vehicle dealer that has been designated as an electronic motor vehicle dealer by the registrar of motor vehicles as set forth in section 4503.035 of the Revised Code.

(2) Electronic record - means the electronically stored application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued.

(C) Process

(1) When a purchaser buys a motor vehicle from an electronic dealer, the dealer shall convert the application for certificate of title and all supporting evidence submitted to the clerk from which a title may be issued to an electronic record.

(2) The dealer shall send the electronic record to a clerk of courts.

(3) The clerk of courts shall check the electronic record and, if the record appears to be in the proper form, shall issue an electronic certificate of title over the clerk's signature and seal with the clerk's seal unless the applicant specifically requests the clerk to issue a physical certificate of title instead of an electronic certificate of title.

(D) Retention of documents

(1) The electronic motor vehicle dealer shall retain all documents from which the electronic record was created in a secure location for a period of five years.

(2) The electronic motor vehicle dealer shall make all documents from which the electronic record was created available immediately upon a reasonable request of the registrar or the registrar's designee.

(3) The electronic motor vehicle dealer shall store all documents in a manner and location that ensures that the documents are secure and that confidentiality is maintained.

R.C. 119.032 review dates: 12/31/2009 and 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , 4503.035 , 4505.02
Rule Amplifies: R.C. 4503.035
Prior Effective Dates: 10/31/2005

4501:1-13-02 Certificate of title issued on power of attorney from a licensed motor vehicle dealer.

(A) The registrar of motor vehicles shall prescribe a power of attorney form to permit an agent of a licensed motor vehicle dealer to apply for the issuance of a certificate of title.

(B) The power of attorney shall be in the form of a notarized affidavit and shall contain the following information:

(1) The full name of the licensed motor vehicle dealer;

(2) The business address of the licensed motor vehicle dealer;

(3) The full name of the motor vehicle dealer's agent;

(4) The agent's personal state driver's license number or state identification card number and state of issuance, or the agent's social security number;

(5) The year, make, and vehicle identification number of the vehicle for which the certificate of title is being issued;

(6) Any other information the registrar deems appropriate.

(C) The agent for the licensed motor vehicle dealer shall present the following:

(1) A fully completed power of attorney form that complies with the requirements of this rule and is executed by the licensed motor vehicle dealer;

(2) Acceptable proof of the agent's identity in the form of a state driver's license, state identification card, or other form of identification deemed acceptable by the registrar.

(D) The registrar may prescribe a warning to be included on the power of attorney form that informs the licensed motor vehicle dealer and agent that making a false statement on the power of attorney form may constitute a violation of section 2921.13 of the Revised Code and be punishable under that section.

(E) The clerk of a court of common pleas may issue a certificate of title if the licensed motor vehicle dealer and agent comply with the provisions of this rule and any other applicable requirements for the issuance of a certificate of title.

Effective: 12/31/2011
R.C. 119.032 review dates: 12/31/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02
Rule Amplifies: R.C. 4505.08

4501:1-13-03 Motor vehicle value for an unclaimed vehicle affidavit.

(A) If a motor vehicle has been left unclaimed at an establishment identified in section 4505.101 of the Revised Code, the owner of the establishment is eligible to seek title to that vehicle by filing an unclaimed motor vehicle affidavit. The unclaimed motor vehicle affidavit, form "BMV 4202" (May 2014), hereinafter referred to as the "affidavit," is available on the bureau of motor vehicle's website at http://www.bmv.ohio.gov/bmv_forms.stm.

(B) In order to determine a vehicle's value for purposes of eligibility to seek title by filing an affidavit, the owner of the establishment shall apply the following standards:

(1) For the purposes of this rule, the "base value" is the vehicle's trade-in or wholesale value using a vehicle valuation guide that is generally available and recognized by the motor vehicle industry, at the time of filing. The filer of the affidavit shall also take into account any characterization of vehicle condition included in the guide, such as, "rough," "average," "clean," or other vehicle descriptions consistent with the terms used in the selected guide, as well as any adjustments detailed in the guide relative to vehicle mileage and standard or optional equipment.

(2) For purposes of determining vehicle eligibility for use of the affidavit in accordance with this rule, the filer may also deduct from the base value the costs of agreed-upon repairs, if applicable, and estimated costs needed to repair any disabling condition, including, but not limited to, the vehicle's engine, transmission, clutch, fuel pump, or other disabling condition. If the operability of the vehicle cannot be readily determined, the filer may apply a standard deduction of two hundred fifty dollars for incidental costs relative to determining the operability of the vehicle, including, but not limited to, locksmith services, replacement battery or other such incidental costs. If the costs to determine operability exceed two hundred fifty dollars, all costs shall be itemized to determine the vehicle's value.

(C) For vehicles meeting the criteria identified in section 4505.101 of the Revised Code, as determined in accordance with the standards identified in this rule, the filer of the affidavit shall present the completed affidavit to a clerk of courts of common pleas, and shall pay to the clerk the difference of the base value of the vehicle as calculated in paragraph (B)(1) of this rule less actual expenses, allowed for completed repairs, storage fees, or other actual expenses incurred by the filer of the affidavit.

(D) Each affidavit shall be accompanied by supporting evidence, such as itemized repair estimates, service repair orders, or storage agreements, and a copy of the relevant portion of the guide used for determining base value and any deductions to verify the value of the vehicle.

Effective: 09/01/2014
R.C. 119.032 review dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02 , 4505.02
Rule Amplifies: 4505.101