2006 Ohio Revised Code - 4510.22. Forfeiture for failure to appear or pay fine; denial of vehicle registration.

§ 4510.22. Forfeiture for failure to appear or pay fine; denial of vehicle registration.
 

(A)  If a person who has a current valid Ohio driver's, commercial driver's license, or temporary instruction permit is charged with a violation of any provision in sections 4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to 4549.65 of the Revised Code that is classified as a misdemeanor of the first, second, third, or fourth degree or with a violation of any substantially equivalent municipal ordinance and if the person either fails to appear in court at the required time and place to answer the charge or pleads guilty to or is found guilty of the violation and fails within the time allowed by the court to pay the fine imposed by the court, the court shall declare the forfeiture of the person's license. Thirty days after the declaration of forfeiture, the court shall inform the registrar of motor vehicles of the forfeiture by entering information relative to the ofÅ forfeiture on a form approved and furnished by the registrar and sending the form to the registrar. The court also shall forward the person's license, if it is in the possession of the court, to the registrar. 
 

The registrar shall impose a class F suspension of the person's driver's or commercial driver's license, or temporary instruction permit for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code on any person who is named in a declaration received by the registrar under this section. The registrar shall send written notification of the suspension to the person at the person's last known address and, if the person is in possession of the license, order the person to surrender the person's license or permit to the registrar within forty-eight hours. 
 

No valid driver's or commercial driver's license shall be granted to the person after the suspension, unless the court having jurisdiction of the offense that led to the suspension orders that the forfeiture be terminated. The court shall order the termination of the forfeiture if the person thereafter appears to answer the charge and pays any fine imposed by the court or pays the fine originally imposed by the court. The court shall inform the registrar of the termination of the forfeiture by entering information relative to the termination on a form approved and furnished by the registrar and sending the form to the registrar. The person shall pay to the bureau of motor vehicles a fifteen-dollar reinstatement fee to cover the costs of the bureau in administering this section. The registrar shall deposit the fee into the state bureau of motor vehicles fund created by section 4501.25 of the Revised Code. 

(B)  In addition to suspending the driver's or commercial driver's license or permit of the person named in a declaration of forfeiture, the registrar, upon receipt from the court of the copy of the declaration of forfeiture, shall take any measures that may be necessary to ensure that neither the registrar nor any deputy registrar accepts any application for the registration or transfer of registration of any motor vehicle owned or leased by the person named in the declaration of forfeiture. However, for a motor vehicle leased by a person named in a declaration of forfeiture, the registrar shall not implement the preceding sentence until the registrar adopts procedures for that implementation under section 4503.39 of the Revised Code. The period of denial of registration or transfer shall continue until such time as the court having jurisdiction of the offense that led to the suspension orders the forfeiture be terminated. Upon receipt by the registrar of an order terminating the forfeiture, the registrar also shall take any measures that may be necessary to permit the person to register a motor vehicle owned or leased by the person or to transfer the registration of such a motor vehicle, if the person later makes application to take such action and otherwise is eligible to register the motor vehicle or to transfer its registration. 
 

The registrar shall not be required to give effect to any declaration of forfeiture or order terminating a forfeiture provided by a court under this section unless the information contained in the declaration or order is transmitted to the registrar by means of an electronic transfer system. The registrar shall not restore the person's driving or vehicle registration privileges until the person pays the reinstatement fee as provided in this section. 
 

The period of denial relating to the issuance or transfer of a certificate of registration for a motor vehicle imposed pursuant to this division remains in effect until the person pays any fine imposed by the court relative to the offense. 
 

HISTORY: 143 v S 338 (Eff 11-28-90); 143 v S 285 (Eff 4-10-91); 144 v S 331 (Eff 11-13-92); 144 v S 275 (Eff 9-1-93); 145 v S 62, § 4 (Eff 9-1-93); 145 v H 687 (Eff 10-12-94); 146 v H 353 (Eff 9-17-96); 146 v S 121 (Eff 11-19-96); 147 v S 85. Eff 5-15-97; 149 v S 123, § 1, eff. 1-1-04; 150 v H 230, § 1, eff. 9-16-04.
 

Å So in enrolled bill, (A). 
 

The effective date is set by section 4 of S.B. 123. 

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 4501.01. 

 

Effect of Amendments

150 v H 230, effective September 16, 2004, updated references to "declaration of suspension" as "declaration of forfeiture"; and added the last sentence to the second paragraph of (B). 

S.B. 123, Acts 2002, effective January 1, 2004, in the introductory paragraph of (A), inserted "or temporary instruction permit" and "substantially equivalent," deleted "section" preceding "4511.84," "any provision in sections" preceding "4513.01" and "4549.01," "that is substantially comparable to any provision of any of these sections" following "municipal ordinance," "of forfeiture" preceding "the court shall," "The" at the end of the paragraph, substituted "suspension" for "forfeiture" preceding "of the person's," and "declaration" for "forfeiture" twice; in the second paragraph of (A), inserted "The"at the beginning, "or temporary instruction permit for the period of time specified in division (B)(6) of section 4510.02 of the Revised Code on any person who is named in a declaration received by the registrar under this section. The registrar shall," "or permit," substituted "impose a class F suspension" for "suspend," "of the suspension to the person" for "to the person of the suspension," and deleted "No" at the end of the paragraph; in the third paragraph of (A), inserted "No," "shall pay to the bureau of motor vehicles," and "the fee,"; substituted "suspension" for "forfeiture" preceding "be terminated" and "by entering," and "order the termination of the suspension" for "so order the termination of the suspension," deleted "after having failed to appear in court at the required time and place to answer the charge or after having pleaded guilty to or been found guilty of the violation and having failed within the time allowed by the court to pay the fine imposed by the court" following "if the person," "court also shall charge and collect from the" preceding "person shall pay," "of motor vehicles" preceding "in administering," and "clerk of the court shall transmit monthly all such processing fees to the" preceding "registrar shall"; in (B), substituted "suspension" for "forfeiture" five times, preceding "the registrar" twice, "shall take," "or order terminating," and "provided by," in the introductory paragraph of (B), inserted "or permit," deleted "of forfeiture" twice preceding "However" and "the registrar," and "of the person's driver's or commercial driver's license" preceding "orders the suspension"; redesignated former (C) as the third paragraph of (B), deleted "period of license suspension imposed pursuant to division (A) of this section is independent of any other period of license suspension that the court having jurisdiction over the offense may impose, and the period of license suspensionimposed pursuant to that division and the" preceding "period of denial" and "(B) of this section" preceding "remains in," inserted "this" preceding "division remains,"; and made minor stylistic changes.