Ohio Trucking Ass'n v. Charles
Annotate this CaseAppellees filed a complaint for injunctive relief and declaratory judgment challenging the constitutionality of Ohio Rev. Code 4509.05(A) and asserting that the amended statute violated Ohio Const. art XII, 5a. The statute provided that the registrar of motor vehicles shall collect a certified abstract with respect to any person's motor vehicle accidents and record of convictions for violation of motor vehicle laws. In addition, the statute directed the registrar to collect for each abstract a five dollar fee. The trial court agreed and granted injunctive relief and declaratory judgment, concluding that sixty percent of the five dollar fee collected under section 4509.0 as amended was money relating to registration, operation, or use of vehicles on public highways in Ohio, but such funds were not being 'expended' consistent with the specific purposes enumerated in Article XII, Section 5a. The court of appeals affirmed. The Supreme Court reversed, holding that the money derived from certified abstracts was related to the process of certification, not to the registration, operation, or use of vehicles on public highways.
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