Ohio Code 4738.021 – Collection of identification information; third party consolidator
(A) Every salvage motor vehicle auction and salvage motor vehicle pool shall do all of the following:
Terms Used In Ohio Code 4738.021
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(1) Keep an electronic record of all sales of salvage motor vehicles and shall include in the record the make, model, year, vehicle identification number, and the names and addresses of the purchaser and seller of the salvage motor vehicle.
(2) Obtain from any authorized purchaser of an Ohio salvage motor vehicle a copy of a driver’s license, passport, or other government-issued identification. Every salvage motor vehicle auction and salvage motor vehicle pool shall maintain a copy of this identification for a period of two years.
(3) Obtain from any person who is an authorized purchaser as defined in division (G)(1) of section 4738.01 of the Revised Code documented proof of any required license or other authorization to do business pursuant to this chapter or, for any person residing in a state, jurisdiction, or country that does not issue a motor vehicle salvage dealer, junk yard, scrap metal processing facility, used motor vehicle dealer, salvage dismantler, or automotive recycler license, a declaration under penalty of perjury that the authorized purchaser is authorized to purchase salvage vehicles in that person’s state, jurisdiction, or country. The declaration may be submitted by the authorized purchaser in electronic or written format. Every salvage motor vehicle auction and salvage motor vehicle pool shall maintain a copy of this documentation for a period of two years.
(4) Obtain from any person who is an authorized purchaser as defined in division (G)(2) of section 4738.01 of the Revised Code a declaration under penalty of perjury that the authorized purchaser is not making a purchase in excess of the applicable limit identified in that division. The salvage motor vehicle auction or salvage motor vehicle pool shall maintain that declaration for a period of two years. The declaration may be submitted by the authorized purchaser in electronic or written format.
(5) For any sale of a salvage motor vehicle to a person residing in another country, stamp the words “FOR EXPORT ONLY” on both of the following:
(a) The face of the vehicle title so as not to obscure the name, date, or mileage statement;
(b) In each unused reassignment space on the back of the title.
The words “FOR EXPORT ONLY” shall be in all capital, black letters, be at least two inches wide, and be clearly legible.
(B) Every salvage motor vehicle auction and salvage motor vehicle pool shall submit the information collected pursuant to division (A)(1) of this section on a monthly basis to the department of public safety or a third-party provider pursuant to a contract with the department and pursuant to the rules adopted by the department in division (C) of this section.
(C)(1) The department of public safety or a third-party provider pursuant to a contract with the department shall establish a statewide database for the submission of the information collected pursuant to division (A)(1) of this section. The system shall be used to maintain an accurate record of all sales conducted by a salvage motor vehicle auction or salvage motor vehicle pool.
(2) The department may adopt any rules pursuant to Chapter 119 of the Revised Code as necessary to facilitate the timely submission of the information required pursuant to this section.
The department shall make the information the department receives under this section available to any state or local law enforcement agency upon request.