Auction – Construction Equipment
Business is engaged primarily in selling large construction and transportation equipment at auction, receives more than $1 million in gross annual sales in this state, and derives not more than 10 percent of the person’s gross annual sales revenue in this state from the sale of motor vehicles having a gross weight rating of 10,000 pounds or less.
Applications shall be denied for reasons listed in Ohio Revised Code 4517.171 and Ohio Administrative Code 4501:1-3-09 which include:
- A conviction of ANY fraudulent act (misdemeanor or felony), regardless of the conviction date, related to selling or dealing in motor vehicles.
|Construction Equipment Auction Application
| Construction Equipment Auction License Annual Report (submit with BMV 4324 above)
Physical Location Requirements
Maintains a permanent auction site within this state that is at least 90 acres in size and maintains over 60,000 square feet of total facility space.
- Verify with local authorities the zoning regulations for the proposed facility. The Dealer Licensing Section does not preempt the enforcement by local authorities of zoning, health, safety codes or laws.
- The established place of business must be used exclusively for the purpose of auctioning large construction equipment and transportation equipment.
- The auction’s established place of business must be separated from any other business licensed under Chapter 4517 of the R.C.
- A permanent sign in the registered business name as it appears on the application, with the letters at least six inches high. The business sign shall be prominently displayed, properly maintained and permanent.
- Posted business hours. The business hours shall be posted in a conspicuous place near the entrance of the construction equipment auction’s premises.
- The office and auction shall be kept neat and orderly at all times and shall not be used as storage or other utility area. The office shall be clearly identified, easily accessible, and open for business during business hours.
NOTE: A physical inspection will be performed by BMV Investigations physical inspection will be performed prior to the issuance of the license. If the licensed location fails to meet any of the listed requirements, the application for the license shall be denied and may be appealed to the Motor Vehicle Dealers Board.
- Must receive more than $1 million in gross annual sales in this state, and derives not more than 10 percent of the person’s gross annual sales revenue in this state from the sale of motor vehicles having a gross weight rating of 10,000 pounds or less.
- Must file with Bureau of Motor Vehicles the annual report (form BMV 4313) no later than April 30th, that shows the gross proceeds that were generated from auctions held the previous calendar year and the gross proceeds generated from sales of motor vehicles weighing less than 10,000 pounds.
Required Documentation for Licensing
- A copy of the certificate from the Secretary of State showing the business has been registered. (Exemption: Sole Proprietor and Partnership)
- A copy of the certificate from the Secretary of State showing a fictitious or trade name has been registered.
- Each person listed on the application in the Ownership Section are required to complete a criminal history record through the Bureau of Criminal Identification and Investigation (BCI). For detailed information, see our Criminal History Record Requirements.
- Photographs of the location must be submitted via mail or e-mail (JPEG format). The required photographs are listed on the application.
In-transit license plates may be purchased to be used in conjunction with the auction business. The license plates may only be used on motor vehicles being transported from an individual, firm or corporation to any point of destination.
NOTE: A reasonable number of additional plates may be requested to support the auction business. However the plates may not be used contrary to uses as specified in the Ohio Revised Code Section 4503.33. Plates used for any other purpose may be reduced or subject to confiscation.
Ohio Revised Code:
Ohio Administrative Code: