Ohio Revised Code
Chapter 4738 | Motor Vehicle Salvage
Section 4738.01 | Motor Vehicle Salvage Definitions.

Effective: March 23, 2015
Latest Legislation: House Bill 468 - 130th General Assembly
As used in sections 4738.01 to 4738.16 of the Revised Code:
(A) "Motor vehicle salvage dealer" means any person who engages in business primarily for the purpose of selling salvage motor vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal.
(B) "Salvage motor vehicle" means any motor vehicle which is in a wrecked, dismantled, or worn out condition, or unfit for operation as a motor vehicle.
(C) "Salvage motor vehicle auction" means any person who on the person's behalf or as an agent for a third party engages in business for the purpose of auctioning salvage motor vehicles.
(D) "Salvage motor vehicle pool" means any person who as an agent for a third party engages in business for the purpose of storing, displaying, and offering for sale salvage motor vehicles.
(E) "Engaging in business" means commencing, conducting, or continuing in business, or liquidating a business when the liquidator thereof holds the liquidator out to be conducting such business; making a casual sale or otherwise making transfers in the ordinary course of business when the transfers are made in connection with the disposition of all or substantially all of the transferor's assets is not engaging in business.
(F) "Retail sale" or "sale at retail" means the act or attempted act of selling, bartering, exchanging, or otherwise disposing of salvage motor vehicles or salvage motor vehicle parts to a person who purchases the salvage motor vehicle or salvage motor vehicle parts for use as a consumer.
(G) "Authorized purchaser" means a person who purchases a salvage motor vehicle from a salvage motor vehicle auction or salvage motor vehicle pool and who satisfies either of the following criteria:
(1) The person is a motor vehicle salvage dealer who is licensed pursuant to this chapter; a junk yard that is licensed pursuant to section 4737.07 of the Revised Code; a scrap metal processing facility that is licensed pursuant to section 4737.07 of the Revised Code; a used motor vehicle dealer who is licensed pursuant to section 4517.02 of the Revised Code; a salvage dismantler or automotive recycler; or a salvage dealer, junk yard, scrap metal processing facility, used motor vehicle dealer, salvage dismantler, or automotive recycler business authorized to purchase salvage motor vehicles by another state, country, or jurisdiction.
(2) The person does not satisfy the criteria described in division (G)(1) of this section but has purchased not more than a total of five salvage motor vehicles in the current calendar year from any salvage motor vehicle auction or salvage motor vehicle pool located in Ohio.
(H) "Business" includes any activities engaged in by any person for the object of gain, benefit, or advantage either direct or indirect.
(I) "Casual sale" means any transfer of a salvage motor vehicle by a person other than a motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool, to a person who purchases the salvage motor vehicle for use as a consumer.

Structure Ohio Revised Code

Ohio Revised Code

Title 47 | Occupations-Professions

Chapter 4738 | Motor Vehicle Salvage

Section 4738.01 | Motor Vehicle Salvage Definitions.

Section 4738.02 | Motor Vehicle Salvage Dealer's License Required.

Section 4738.021 | Collection of Identification Information; Third Party Consolidator.

Section 4738.022 | Compliance With Reporting Requirements.

Section 4738.03 | Prohibiting Activities by Salvage Dealer, Auction or Pool Licensees.

Section 4738.031 | Authorized Sales.

Section 4738.04 | License Application.

Section 4738.05 | Issuing of License.

Section 4738.06 | License Fees Paid to Registrar of Motor Vehicles.

Section 4738.07 | Denial of License.

Section 4738.071 | Provisional Status of License.

Section 4738.072 | Effect of Child Support Default on License.

Section 4738.08 | Notification of Change of Status of Business.

Section 4738.09 | Organization of Motor Vehicle Salvage Dealer's Licensing Board.

Section 4738.10 | Motor Vehicle Salvage Dealer's Licensing Board Is Part of Department of Public Safety for Administrative Purposes.

Section 4738.11 | Requirements for Fencing or Otherwise Screening View of Facilities.

Section 4738.12 | Appeals.

Section 4738.13 | Enforcement.

Section 4738.14 | Applications Are Confidential Information.

Section 4738.15 | Maintaining Records of Transactions.

Section 4738.16 | Scrap Metal Processors - Exemption - Duties.

Section 4738.17 | Wholesale Sales.

Section 4738.19 | Enforcement Powers of Registrar.

Section 4738.20 | Compliance With Law Regarding Sanctions for Human Trafficking.

Section 4738.99 | Penalty.