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, record 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 records

(1) All records shall be retained in a secure location for a period of five years.

(2) The electronic motor vehicle dealer may retain all records related to the electronic filing of a certificate of title application in either paper or electronic form.

(3) The electronic motor vehicle dealer shall make all records available upon a reasonable request of the registrar or the registrar's designee.

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

Effective: 3/23/2015
Five Year Review (FYR) Dates: 12/30/2014 and 09/01/2019
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) A clerk may issue a certificate of title applied for by an agent of a licensed motor vehicle dealer when the agent has a valid, current, and properly executed power of attorney from the dealer.

(B) The agent for the licensed motor vehicle dealer shall present proof of the agent's identity in the form of a state driver's license, state issued identification card, or other form of identification deemed acceptable by the registrar.

(C) In accordance with section 2921.13 of the Revised Code, licensed motor vehicle dealers and agents who make false statements on the power of attorney may be found guilty of falsification, or falsification in a theft offense.

Replaces: 4501:1-13-02

Effective: 3/23/2015
Five Year Review (FYR) Dates: 09/01/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 4501.02
Rule Amplifies: R.C. 4505.08
Prior Effective Dates: 12/31/2011

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