Important Changes for all Ohio Franchised Motor Vehicles Dealers

On Sept 10, 2010 Senate Bill 204 goes in effect. Please review the changes to the termination of franchises and prohibited acts under the Motor Vehicle Dealer Law.
Click here to review the bill.

Out-of-State Inspection Stations

Effective September 1, 2010, manufactured homes will no longer require an out-of-state inspection. Please read the attached memo that was sent out to all out-of-state inspection stations.

Notice

All Purpose Vehicles

Due to House Bill 2, APVs are now required to be plated for a three-year registration period. Please refer to the APV FAQs for further information.

Manufactured Home Dealers/Brokers

Effective July 1, 2010, all manufactured home dealers (new and used), brokers, and their salespersons will be licensed and regulated by the Ohio Manufactured Homes Commission (OMHC).

Notice Regarding Licenses

Used Manufactured Homes Form

Out-of-State Inspection Stations

Effective March 1, 2010, the Dealer Licensing Section will be taking over the licensing and regulation of out-of-state inspection stations, which is governed by Ohio Revised Code 4505.061.  Prior to this date, the Titles Section held responsibility.

The Inspection Station Application has been revised and is now referred to as the BMV4370 revision date of 2/10.

If you have any questions or are in need of any Out-of-State Motor Vehicle Inspection forms (BMV3706), contact Dealer Licensing at (614) 752-7636 by phone or (614) 752-7220 by fax. No procedures have been changed other than contact information.

March 3, 2010 changes were made to the rules. Follow the procedure below to review the list of rules that will be heard.

The Motor Vehicle Dealers Board is proposing changes to several administrative code rules that would apply to Ohio Motor Vehicle Dealers. A complete list of the rules and the proposed amendments can be obtained by visiting www.registerofohio.state.oh.us. Click on filing agency, select 4501-DEPT OF PUBLIC SAFETY, click on proposed rules, and select search.

A public hearing was held on February 4, 2010. The amended rules were filed with the Joint Committee on Agency Rule Review (JCARR) on December 28, 2009. A hearing before JCARR is tentatively scheduled for March 8, 2010 at 1:30 p.m. Additional information will be posted as it becomes available.

Revised Authorization to Registration Form Now Available - Must be Used After August 24, 2009

There is a new version of the Registration Information and Authorization to Register (BMV 5736) form with a revision date of 07/09. The revised form is now available for download from the Ohio BMV Web site at http://bmv.ohio.gov/bmv_forms.stm and will be accepted for immediate use. You may use the old BMV 5736 until August 24th. This form cannot be utilized for dealer licensing transactions but may be used by dealership "runners" who obtain registrations on behalf of the dealership's customers. If you have any specific questions, please contact (614) 752-7500.

Cash 4 Clunkers Registration Verification Is Now Available For Immediate Response

Dealers may sign into online services and click on "cash for clunkers registration verification" and a letter for immediate printing will be available for all qualified persons.
NOTE: Information used to determine eligibility for registration verification can only be discussed with the registrant. Registrants may call 1-800-589-8247.

CAR Allowance Rebate System (CARS)

Recently, the federal program, CAR Allowance Rebate System (CARS) was implemented to help consumers buy or lease a more environmentally-friendly vehicle from a participating dealer when they trade in a less fuel-efficient car or truck. The program is designed to energize the economy; boost auto sales and put safer, cleaner and more fuel-efficient vehicles on the nation's roadways.

Motor Vehicle Dealers Board Proposed Rule Amendments

The Motor Vehicle Dealers Board is proposing changes to several Ohio Administrative Code rules that would apply to Ohio Motor Vehicle Dealers. A complete list of the rules and the proposed amendments can be obtained by visiting Register of Ohio at: www.registerofohio.state.oh.us. Click on filing agency, select 4501-DEPT OF PUBLIC SAFETY, click on proposed rules, and select search. A public hearing was held on December 18, 2008. The amended rules were re-filed with the Joint Committee on Agency Rule Review (JCARR) on January 6, 2009. A hearing before JCARR has been rescheduled for January 28, 2009 at 2:30 p.m. in Statehouse room 121 (William McKinley Room). The hearing proceeded as scheduled. Updates will be posted as they become available. more

Important Reminder from Keith Wilson, Ohio Department of Taxation

Effective Tuesday, July 1, 2008, a dealer who collects tax from a non resident, will pay sales tax directly to the Clerks of Courts of Common Pleas Title Office when applying for title. Previously, Dealers were filing and paying on the Ohio Business Gateway (OBG) or paying through the Treasurer of State's office by ACH Credit. Dealers should be advised that they are NOT to use OBG or the Treasurer's office for any filings or payments for periods after June 30, 2008.

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.

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.

(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, PO Box 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.

If there are additional questions, please call the Dealer Licensing Section at 614-752-7636.