4775-1-01 Definitions.

 

 

 

4775-1-01                    Definitions.

 

 

 

(A)  Motor vehicle has the same meaning as in section 4501.01 of the Revised Code.

 

(B)    Collision means an occurrence in which two or more objects, whether mobile or stationary, contact one another in a manner that causes the alteration of the surface, structure, or appearance, whether separately or collectively, of an object that is party to the occurrence.

 

(C)    Collision repair means any and all restorative or replacement procedures that are performed on and affect or potentially affect the structural, life safety, and cosmetic components of a motor vehicle that has been damaged as a result of a collision., including glass. Collision repair also includes any procedure that is employed for the purpose of repairing, restoring, replacing, or refinishing, whether wholly or separately, any structural, life safety, or cosmetic component of a motor vehicle to a condition approximating or replicating the function, use, or appearance of the component prior to a collision.

 

(D)Motor vehicle window tint operator means any person, sole proprietorship, foreign or domestic partnership, limited liability corporation, or other legal entity that installs tinted glass, or transparent, nontransparent, translucent, and reflectorized material in or on five or more motor vehicle windshields, side windows, sidewings, and rear windows in a calendar year.

 

(D)(E) A motor vehicle collision repair operator means a person who owns or manages, in whole or in part, a motor vehicle collision repair business, an auto glass repair or replacement business, a paintless dent repair (PDR) business, an airbag repair or replacement company, or a window tint installation business, whether mobile or stationary and whether or not mechanical or other repairs also are performed at the business, but does not mean any of the following:

 

(1)     An employee, other than a manager, of a motor vehicle collision repair business;

 

(2)   A motor vehicle dealer, licensed pursuant to sections 4517.01 to 4517.45 of the Revised Code;

 

(3)   A motor vehicle dealer licensed pursuant to sections 4517.01 to 4517.45 of the Revised Code who also is the owner, part owner, or operator of a motor vehicle collision repair business;

 

(4)   A motor vehicle auction owner licensed pursuant to sections 4517.01 to 4517.45 of the Revised Code;

 

 

 

(5)   A motor vehicle leasing dealer licensed pursuant to sections 4517.01 to 4517.45 of the Revised Code;

(6)   A motor vehicle salvage dealer licensed pursuant to sections 4738.01 to 4738.18 of the Revised Code;

(7)     A person or lessee who owns or leases ten or more motor vehicles used principally in connection with any established business and who does not perform motor vehicle collision repairs on motor vehicles other than the motor vehicles used principally in connection with the established business.

(8)   A motor vehicle renting dealer as defined in division (A)(2) of section 4549.65 of the Revised Code who does not perform motor vehicle collision repairs on motor vehicles other than the motor vehicles used in connection with the established motor vehicle renting business;

(9)     A person who performs collision repairs to the motor vehicles of a single commercial, industrial, or governmental establishment exclusively and does not offer or provide motor vehicle collision repair service to the general public;

(10)   The owner, part owner, or officer of, or instructor employed by an educational institution that provides instruction in motor vehicle collision repair while the owner, part owner, officer of, or instructor is engaging in activity in furtherance of instruction in motor vehicle collision repair.

(E)(F) The "board" or "state board" pursuant to these rules at all times shall refer to the Ohio board of motor vehicle collision repair registration.

(F)(G) "Motor vehicle collision repair business" means a business location, whether mobile or stationary, in or from which five or more separate motor vehicle collision repairs or window tint installations are performed for the general public in a twelve-month period, commencing with the day of the month in which the first such repair is made.

(G)(H) "Place of business" means any site where commercial transactions take place and where merchandise and inventory are stored or transported from. Such establishment shall be in accordance with rule 4501:1-4-04 of the Administrative Code,

(H)(I) "Renew", "renewal", "renewed" means to grant, subsequent to the original or

preceding registration certificate prior to or on the date of expiration of the original or preceding registration. Such terms may be used interchangeably.

(I)(J) "Issue", "issuance", "issued" means a registration certificate is or has been provided to the motor vehicle collision repair operator, upon the agreement or recommendation by or of the board. Such terms may be used interchangeably.

(J)(K) "Suspend", "suspension", "suspended" means to make invalid for an indefinite period of time a registration certificate that is or was previously in effect. Such terms may be used interchangeably.

(K)(L) "Anniversary" means three hundred sixty-five days after a particular date.

(L)(M) "Home base" means the original location from which mobile units are assigned.

Effective:                                                             04/01/2016

Five Year Review (FYR) Dates:                         01/12/2016 and 04/01/2021

CERTIFIED ELECTRONICALLY

Certification

03/21/2016

Date

Promulgated Under:                           119.03

Statutory Authority:                           4775.04

Rule Amplifies:                                  4775.01

Prior Effective Dates:                         12/2/05, 01/10/11.