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PIA of Ohio Scores Another Win on MVR Litigation

PIA of Ohio secured another court victory for agents as part of its challenge to an increase in motor vehicle abstract reports (MVRs) from $2...
September 7, 2011

PIA of Ohio secured another court victory for agents as part of its challenge to an increase in motor vehicle abstract reports (MVRs) from $2 to $5. In a 2-1 decision, the Franklin County Court of Appeals affirmed a lower court ruling that the increased fee being collected for MVRs is unconstitutional because the extra revenue is not used for highway purposes.

The appeals court decision stems from an action PIA filed in 2009 along with the Ohio Insurance Institute and the Ohio Trucking Association challenging the constitutionality of how the fee increase was being used and asking the court to rule that MVRs are public records and must be provided at cost (as little as $.05 per page).

In June 2010, the trial court ruled that the fee increase was unconstitutional because the extra revenue is not used for highway or highway safety purposes. However, the claim based upon an asserted violation of the Ohio public records law was dismissed.

Where it stands now: The appeals court has upheld the trial court ruling that the fee increase is unconstitutional because of the way the funds are being used. At this point, it is not known if the state will attempt to appeal the ruling again by asking the Ohio Supreme Court to consider it. As of now, the increased fee continues to be collected.  Read more.