CHAPTER 425
MOTOR VEHICLE AND TRAVEL TRAILER DEALERS,
MANUFACTURERS, DISTRIBUTORS AND WHOLESALERS
[Prior to 7/17/96, see 761—Chapters 420 and 422]
761—425.1(322) Introduction.
	425.1(1) This chapter applies to the licensing of motor vehicle and travel trailer dealers, manufacturers, distributors and wholesalers. Also included in this chapter are the criteria for the issuance and use of dealer plates.
	425.1(2) The office of vehicle services administers this chapter. The mailing address is: Office of Vehicle Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278.
	a. 	Applications required by the chapter shall be submitted to the office of vehicle services.
	b. 	Information about dealer plates and the licensing of motor vehicles and travel trailer dealers, manufacturers, distributors and wholesalers is available from the office of vehicle services or on the department’s Web site at http://www.iowadot.gov/mvd.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.2 Reserved.
761—425.3(322) Definitions. The following definitions, in addition to those found in Iowa Code sections 322.2 and 322C.2, apply to this chapter of rules:
“Certificate of title” means a document issued by the appropriate official which contains a statement of the owner’s title, the name and address of the owner, a description of the vehicle, a statement of all security interests, and additional information required under the laws or rules of the jurisdiction in which the document was issued, and which is recognized as a matter of law as a document evidencing ownership of the vehicle described. The terms “title certificate,” “title only” and “title” shall be synonymous with the term “certificate of title.”
“Consumer use” means use of a motor vehicle or travel trailer for business or pleasure, not for sale at retail, by a person who has obtained a certificate of title and has registered the vehicle under Iowa Code chapter 321.
“Dealer,” unless otherwise specified, means a person who is licensed to engage in this state in the business of selling motor vehicles or travel trailers at retail under Iowa Code chapter 322 or 322C.
“Engage in this state in the business” or similar wording means doing any of the following acts for the purpose of selling motor vehicles or travel trailers at retail: to acquire, sell, exchange, hold, offer, display, broker, accept on consignment or conduct a retail auction, or to act as an agent for the purpose of doing any of these acts. A person selling at retail more than six motor vehicles or six travel trailers during a 12-month period may be presumed to be engaged in the business. See rule 761—425.20(322) for provisions regarding fleet sales and retail auction sales.
“Manufacturer’s certificate of origin” means a certification signed by the manufacturer, distributor or importer that the vehicle described has been transferred to the person or dealer named, and that the transfer is the first transfer of the vehicle in ordinary trade and commerce. The terms “manufacturer’s statement,” “importer’s statement or certificate,” “MSO” and “MCO” shall be synonymous with the term “manufacturer’s certificate of origin.” See rule 761—400.1(321) for more information.
“Principal place of business” means a building actually occupied where the public and the department may contact the owner or operator during regular business hours. In lieu of a building, a travel trailer dealer may use a manufactured or mobile home as an office if taxes are current or a travel trailer as an office if registration fees are current.
“Registered dealer” means a dealer licensed under Iowa Code chapter 322 or 322C who possesses a current dealer certificate under Iowa Code section 321.59.
“Regular business hours” means to be consistently open to the public on a weekly basis at hours reported to the office of vehicle services. Except as provided in Iowa Code section 322.36, regular business hours for a motor vehicle or travel trailer dealer shall include a minimum of 32 posted hours between Monday and Friday, inclusive.
“Salesperson” means a person employed by a motor vehicle or travel trailer dealer for the purpose of buying or selling vehicles.
“Vehicle,” unless otherwise specified, means a motor vehicle or travel trailer.
“Wholesaler” means a person who sells new vehicles to dealers and not at retail.
This rule is intended to implement Iowa Code chapters 322 and 322C.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.4 to 425.9 Reserved.
761—425.10(322) Application for dealer’s license.
	425.10(1) Application forms. To apply for a license as a motor vehicle or travel trailer dealer, the applicant shall complete an application on forms prescribed by the department.
	425.10(2) Surety bond.
	a. 	The applicant shall obtain a surety bond in the following amounts and file the original with the office of vehicle services:
	(1)	For a motor vehicle dealer’s license, $50,000.
	(2)	For a travel trailer dealer’s license, $25,000. However, an applicant for a travel trailer dealer’s license is not required to file a bond if the person is licensed as a motor vehicle dealer under the same name and at the same principal place of business.
	b. 	The surety bond shall provide for notice to the office of vehicle services at least 30 days before cancellation.
	c. 	The office of vehicle services shall notify the bonding company of any conviction of the dealer for a violation of dealer laws.
	d. 	If the bond is canceled, the office of vehicle services shall notify the dealer by first-class mail that the dealer’s license shall be revoked on the same date that the bond is canceled unless the bond is reinstated or a new bond is filed.
	e. 	If an applicant whose dealer’s license was revoked pursuant to paragraph “d” establishes that the applicant obtained a reinstated or new bond meeting the requirements of subrule 425.10(2) that was effective on or before the date of cancellation, but due to mistake or inadvertence failed to file the original bond with the office of vehicle services, the applicant may file the original of the reinstated or new bond. Upon filing, the department will rescind the revocation of the dealer’s license.
	425.10(3) Franchise.
	a. 	An applicant who intends to sell new motor vehicles or travel trailers shall submit to the office of vehicle services a copy of a signed franchise agreement with the manufacturer or distributor of each make the applicant intends to sell.
	b. 	If a signed franchise agreement is not available at the time of application, the department may accept written evidence of a franchise which includes all of the following:
	(1)	The name and address of the applicant and the manufacturer or distributor.
	(2)	The make of motor vehicle or travel trailer that the applicant is authorized to sell.
	(3)	The applicant’s area of responsibility as stipulated in the franchise and certified on a form prescribed by the department.
	(4)	The signature of the manufacturer or distributor.
	425.10(4) Corporate applicants. If the applicant is a corporation, the applicant shall certify on the application that the corporation complies with all applicable state requirements for incorporation.
	425.10(5) Principal place of business. The applicant shall maintain a principal place of business, which must be staffed during regular business hours. See rules 761—425.12(322) and 761—425.14(322) for further requirements.
	425.10(6) Zoning. The applicant shall provide to the office of vehicle services written evidence, issued by the office responsible for the enforcement of zoning ordinances in the city or county where the applicant’s business is located, which states that the applicant’s principal place of business and any extensions comply with all applicable zoning provisions or are a legal nonconforming use.
	425.10(7) Separate licenses required.
	a. 	A separate license is required for each city or township in which an applicant for a motor vehicle dealer’s license maintains a place of business.
	b. 	A separate license is required for each county in which an applicant for a travel trailer dealer’s license maintains a place of business.
	425.10(8) Financial liability. The applicant for a motor vehicle dealer’s license shall certify on the application that the applicant has the required financial liability coverage in the limits as set forth in Iowa Code subsection 322.4(1). It is the applicant’s responsibility to ensure the required financial liability coverage is continuous with no lapse in coverage as long as the applicant maintains a valid dealer’s license.
	425.10(9) Ownership information.
	a. 	If the owner of the business is an individual, the application shall include the legal name, bona fide address, and telephone number of the individual. If the owner is a partnership, the application shall include the legal name, bona fide address, and telephone number of two partners. If the owner is a corporation, the application shall include the legal name, bona fide address, and telephone number of two corporate officers. In all cases, the telephone number must be a number where the individual, partner, or corporate officer can be reached during normal business hours.
	b. 	The application shall include the federal employer identification number of the business. However, if the business is owned by an individual who is not required to have a federal employer identification number, the application shall include the individual’s social security number, Iowa nonoperator’s identification number or Iowa driver’s license number.
	425.10(10) Reserved.
	425.10(11) Verification of compliance. The department shall verify the applicant’s compliance with all statutory and regulatory dealer licensing requirements.
This rule is intended to implement Iowa Code sections 322.1 to 322.15 and 322C.1 to 322C.6.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.11 Reserved.
761—425.12(322) Motor vehicle dealer’s place of business.
	425.12(1) Verification of compliance. Before a motor vehicle dealer’s license is issued, an investigator from the department shall physically inspect an applicant’s principal place of business to verify compliance with this rule.
	425.12(2) Telephone service and office area. A motor vehicle dealer’s principal place of business shall include telephone service and an adequate office area, separate from other facilities, for keeping business records, manufacturers’ certificates of origin, certificates of title or other evidence of ownership for all motor vehicles offered for sale. Telephone service must be a land line and not cellular phone service. Evidence of ownership may include a copy of an original document if the original document is held by a lienholder.
	425.12(3) Facility for displaying motor vehicles. A motor vehicle dealer’s principal place of business shall include a suitable space reserved for display purposes where motor vehicles may be viewed by prospective buyers. The facility shall be:
	a. 	Within a building. Exception: For used motor vehicle dealers and for dealers selling new trucks or motor homes exclusively, the display facility may be an outdoor area with an all-weather surface. An all-weather surface does not include grass or exposed soil.
	b. 	Of a minimum size.
	(1)	For display of motorcycles and motorized bicycles, the minimum size of the display facility is 10 feet by 15 feet.
	(2)	For display of other motor vehicles, the minimum size of the display facility is 18 feet by 30 feet.
	425.12(4) Facility for reconditioning and repairing motor vehicles. A motor vehicle dealer’s principal place of business shall include a facility for reconditioning and repairing motor vehicles. The facility shall be an area that:
	a. 	Is equipped to repair and recondition one or more motor vehicles of a type sold by the dealer.
	b. 	Is within a building.
	c. 	Has adequate access.
	d. 	Is separated from the display and office areas by solid, floor-to-ceiling walls and solid, full-length doors.
	e. 	Is of a minimum size.
	(1)	The minimum size facility for motorcycles and motorized bicycles is an unobstructed rectangular area measuring 10 feet by 15 feet.
	(2)	The minimum size facility for other types of motor vehicles is an unobstructed rectangular area measuring 14 feet by 24 feet.
	425.12(5) Motor vehicle dealer who is also a recycler. If a motor vehicle dealer also does business as a recycler, there shall be separate parking for motor vehicles being offered for sale at retail from motor vehicles that are salvage.
This rule is intended to implement Iowa Code sections 322.1 to 322.15.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.13 Reserved.
761—425.14(322) Travel trailer dealer’s place of business.
	425.14(1) Telephone service and office area. A travel trailer dealer’s principal place of business shall include telephone service and an adequate office area, separate from other facilities, for keeping business records, manufacturers’ certificates of origin, certificates of title or other evidence of ownership for all travel trailers offered for sale. Telephone service must be a land line and not cellular phone service. Evidence of ownership may include a copy of an original document if the original document is held by a lienholder.
	425.14(2) Facility for displaying travel trailers. A travel trailer dealer’s principal place of business shall include a space of sufficient size to permit the display of one or more travel trailers. The display facility may be an indoor area or an outdoor area with an all-weather surface. An all-weather surface does not include grass or exposed soil. If an outdoor display facility is maintained, it may be used only to display, recondition or repair travel trailers or to park vehicles.
	425.14(3) Facility for repairing and reconditioning travel trailers. A travel trailer dealer’s principal place of business shall include a facility for reconditioning and repairing travel trailers. The facility:
	a. 	Shall be equipped and of sufficient size to repair and recondition one or more travel trailers of a type sold by the dealer.
	b. 	Shall have adequate access.
	c. 	May be an indoor area or an outdoor area with an all-weather surface. An all-weather surface does not include grass or exposed soil.
	d. 	May occupy the same area as the display facility.
	425.14(4) Travel trailer dealer also licensed as a motor vehicle dealer. If a travel trailer dealer is also licensed as a motor vehicle dealer under the same name and at the same principal place of business, separate facilities for displaying, repairing and reconditioning travel trailers are not required.
This rule is intended to implement Iowa Code sections 322C.1 to 322C.6.
761—425.15 and 425.16 Reserved.
761—425.17(322) Extension lot license. Extension lots of motor vehicle and travel trailer dealers must be licensed. Application to license an extension lot shall be made on a form prescribed by the department.
	425.17(1) For a motor vehicle dealer, an extension lot is a car lot for the sale of motor vehicles that is located within the same city or township as, but is not adjacent to, the motor vehicle dealer’s principal place of business.
	425.17(2) For a travel trailer dealer, an extension lot is a travel trailer lot for the sale of travel trailers that is located within the same county as, but is not adjacent to, the travel trailer dealer’s principal place of business.
	425.17(3) An extension lot must be owned or leased by the dealer.
	425.17(4) Parcels of property are adjacent if the parcels are owned or leased by the dealer and the parcels are either adjoining or are separated only by an alley, street or highway that is not a fully controlled access facility.
This rule is intended to implement Iowa Code sections 322.1 to 322.15 and 322C.1 to 322C.6.
761—425.18(322) Supplemental statement of changes. A motor vehicle dealer shall file a written statement with the office of vehicle services at least ten days before any change of name, location, hours, or method or plan of doing business. A license is not valid until the changes listed in the statement have been approved by the office of vehicle services.
This rule is intended to implement Iowa Code sections 322.1 to 322.15.
761—425.19 Reserved.
761—425.20(322) Fleet vehicle sales and retail auction sales.
	425.20(1) Fleet sales. Any person who has acquired vehicles for consumer use in a business shall obtain the appropriate dealer’s license when more than six vehicles are offered for sale at retail in a 12-month period.
	425.20(2) Retail auction sales. Any person who sells at public auction more than six vehicles in a 12-month period shall obtain the appropriate dealer’s license. All certificates of title for the vehicles offered for sale at public auction shall be duly assigned to the dealer.
	425.20(3) Place of business. A dealer’s license issued under this rule does not require a place of business.
	425.20(4) Exceptions.
	a. 	The state of Iowa, counties, cities and other governmental subdivisions are not required to obtain a dealer’s license to sell their vehicles at retail.
	b. 	This rule does not apply to a vehicle owner, or to an auctioneer representing the owner, selling vehicles at a retail auction if the vehicles were acquired by the owner for consumer use, the vehicles are incidental to the auction, and only one owner’s vehicles are sold.
This rule is intended to implement Iowa Code sections 322.1 to 322.15 and 322C.1 to 322C.6.
761—425.21 to 425.23 Reserved.
761—425.24(322) Miscellaneous requirements.
	425.24(1) The department shall not issue a license under Iowa Code chapter 322 or 322C to any other person at a principal place of business of a person currently licensed under Iowa Code chapter 322 or 322C.
	425.24(2) A motor vehicle or travel trailer dealer shall not represent or advertise the dealership under any name or style other than the name which appears on the dealer’s license.
	425.24(3) Other business activities are allowed at a place of business of a dealer, but those activities shall not include the sale of firearms, dangerous weapons as defined in Iowa Code section 702.7, or alcoholic beverages as defined in Iowa Code subsection 123.3(4).
This rule is intended to implement Iowa Code sections 322.1 to 322.15 and 322C.1 to 322C.6.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.25 Reserved.
761—425.26(322) Fairs, shows and exhibitions.
	425.26(1) Definitions. As used in this rule:
“Display” means having new motor vehicles or new travel trailers available for public viewing at fairs, vehicle shows or vehicle exhibitions. The dealer may also post, display or provide product information through literature or other descriptive media. However, the product information shall not include prices, except for the manufacturer’s sticker price. “Display” does not mean offering new vehicles for sale or negotiating sales of new vehicles.
“Fair” means a county fair or a scheduled gathering for a predetermined period of time at a specific location for the exhibition, display or sale of various wares, products, equipment, produce or livestock, but not solely new vehicles, and sponsored by a person other than a single dealer.
“Offer” new vehicles “for sale,” “negotiate sales” of new vehicles, or similar wording, means doing any of the following at a fair, show or exhibition: posting prices in addition to the manufacturer’s sticker price, discussing prices or trade-ins, arranging for payments or financing, and initiating contracts.
“Vehicle exhibition” means a scheduled event conducted at a specific location where various types, makes or models of new vehicles are displayed either at the same time or consecutively in time, and sponsored by a person other than a single dealer.
“Vehicle show” means a scheduled event conducted for a predetermined period of time at a specific location for the purpose of displaying at the same time various types, makes or models of new vehicles, which may be in conjunction with other events or displays, and sponsored by a person other than a single dealer.
	425.26(2) Permits for motor vehicle dealers.
	a. 	A “display only” fair, show or exhibition permit allows a motor vehicle dealer to display new motor vehicles at a specified fair, vehicle show or vehicle exhibition in any Iowa county. The permit is valid on Sundays.
	b. 	A “full” fair, show or exhibition permit allows a motor vehicle dealer to display and offer new motor vehicles for sale and negotiate sales of new motor vehicles at a specified fair, vehicle show or vehicle exhibition that is held in the same county as the motor vehicle dealer’s principal place of business. EException: A motor vehicle dealer who is licensed to sell motor homes may be issued a permit to offer for sale Class “A” and Class “C” motor homes at a specified fair, show or exhibition in any Iowa county. A “full” fair, show or exhibition permit is not valid on Sundays.
	c. 	The following restrictions are applicable to both types of permits:
	(1)	Permits will be issued to motor vehicle dealers only for fairs, vehicle shows or vehicle exhibitions where more than one motor vehicle dealer may participate.
	(2)	A permit is limited to the line makes for which the motor vehicle dealer is licensed in Iowa.
	425.26(3) Reserved.
	425.26(4) Permits for travel trailer dealers. A fair, show or exhibition permit allows a travel trailer dealer to display and offer new travel trailers for sale and negotiate sales of new travel trailers at a specified fair, vehicle show, or vehicle exhibition in any Iowa county.
	a. 	The permit is valid on Sundays.
	b. 	The permit is limited to the line makes for which the travel trailer dealer is licensed in Iowa.
	c. 	A travel trailer dealer who does not have a permit may display vehicles at fairs, vehicle shows and vehicle exhibitions.
	425.26(5) Permit application. A motor vehicle or travel trailer dealer shall apply for a fair, show or exhibition permit on an application form prescribed by the department. The application shall include the dealer’s name, address and license number and the following information about the fair, show or exhibition: name, location, sponsor(s) and duration, including the opening and closing dates.
	425.26(6) Display of permit. The motor vehicle or travel trailer dealer shall display the permit at the fair, show or exhibition in close proximity to the vehicles being exhibited.
	425.26(7) Variance. Rescinded IAB 11/7/07, effective 12/12/07.
	425.26(8) Display without permit. Rescinded IAB 7/10/02, effective 8/14/02.
This rule is intended to implement Iowa Code subsections 322.5(2) and 322C.3(9).
761—425.27 and 425.28 Reserved.
761—425.29(322) Classic car permit. A classic car permit allows a motor vehicle dealer to display and sell classic cars at a specified county fair, vehicle show or vehicle exhibition that is held in the same county as the motor vehicle dealer’s principal place of business. “Classic car” is defined in Iowa Code subsection 322.5(3).
	425.29(1) The permit period is the duration of the event, not to exceed five days. The permit is valid on Sundays. Only one permit may be issued to each motor vehicle dealer for an event. No more than three permits may be issued to a motor vehicle dealer in any one calendar year.
	425.29(2) Application for a classic car permit shall be made on a form prescribed by the department. The application shall include the dealer’s name, address and license number and the following information about the county fair, vehicle show or vehicle exhibition: name, location, sponsor(s) and duration, including the opening and closing dates.
	425.29(3) The motor vehicle dealer shall display the permit in a prominent place at the location of the county fair, vehicle show or vehicle exhibition.
This rule is intended to implement Iowa Code subsection 322.5(3).
761—425.30(322) Motor truck display permit. Application for a permit under Iowa Code subsection 322.5(4) shall be made on a form prescribed by the department. The application shall include information or documentation showing that the nonresident motor vehicle dealer is eligible for issuance of a permit and that the event meets the statutory conditions for permit issuance.
This rule is intended to implement Iowa Code subsection 322.5(4).
761—425.31(322) Firefighting and rescue show permit.
	425.31(1) Application for a firefighting and rescue show permit shall be made on a form prescribed by the department. The application shall include the name, address and license number of the applicant, the type of vehicles being displayed, and the following information about the vehicle show or exhibition: name, location, sponsor(s), and duration, including the opening and closing dates.
	425.31(2) The permit is not valid on Sundays. Only one permit shall be issued to each licensee for an event.
	425.31(3) The permit holder shall display the permit in a prominent place at the location of the vehicle show or exhibition.
This rule is intended to implement Iowa Code subsection 322.5(5).
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.32 to 425.39 Reserved.
761—425.40(322) Salespersons of dealers.
	425.40(1) Every motor vehicle and travel trailer dealer shall:
	a. 	Keep a current written record of all salespersons acting in its behalf. The record shall be open to inspection by any peace officer or any employee of the department.
	b. 	Maintain a current record of authorized persons allowed to sign all documents required under Iowa Code chapter 321 for vehicle sales.
	425.40(2) No person shall either directly or indirectly claim to represent a dealer unless the person is listed as a salesperson by that dealer.
This rule is intended to implement Iowa Code sections 322.3, 322.13, and 322C.4.
761—425.41 to 425.49 Reserved.
761—425.50(322) Manufacturers, distributors, and wholesalers. This rule applies to the licensing of manufacturers, distributors, and wholesalers of new motor vehicles and travel trailers.
	425.50(1) Application for license. To apply for a license, the applicant shall complete an application form prescribed by the department. A list of the applicant’s franchised dealers in Iowa and a sample copy of a completed manufacturer’s certificate of origin that is issued by the firm shall accompany the application. A distributor or wholesaler shall also provide a copy of written authorization from the manufacturer to act as its distributor or wholesaler.
	425.50(2) Licensing requirements.
	a. 	Rescinded IAB 11/3/99, effective 12/8/99.
	b. 	New motor homes delivered to Iowa dealers must contain the systems and meet the standards specified in Iowa Code paragraph 321.1(36C)“d.”
	c. 	A licensee shall ensure that any new retail outlet is properly licensed as a dealer before any vehicles are delivered to the outlet.
	d. 	A licensee shall notify the office of vehicle services in writing at least ten days prior to any:
	(1)	Change in name, location or method of doing business, as shown on the license.
	(2)	Issuance of a franchise to a dealer in this state to sell new vehicles at retail.
	(3)	Rescinded IAB 11/3/99, effective 12/8/99.
	(4)	Change in the trade name of a travel trailer manufactured for delivery in this state.
	e. 	A licensee shall notify the office of vehicle services in writing at least ten days before any new make of vehicle is offered for sale at retail in this state.
This rule is intended to implement Iowa Code sections 322.27 to 322.30 and 322C.7 to 322C.9.
761—425.51(322) Factory or distributor representatives. Rescinded IAB 11/3/99, effective 12/8/99.
761—425.52(322) Used vehicle wholesalers. Rescinded IAB 11/7/07, effective 12/12/07.
761—425.53(322) Wholesaler’s financial liability coverage. A new motor vehicle wholesaler shall certify on the license application that it has the required financial liability coverage in the limits set forth in Iowa Code section 322.27A. It is the wholesaler’s responsibility to ensure that the required financial liability coverage is continuous with no lapse in coverage as long as the wholesaler maintains a valid wholesaler’s license.
This rule is intended to implement Iowa Code section 322.27A.
761—425.54 to 425.59 Reserved.
761—425.60(322) Right of inspection.
	425.60(1) Peace officers have the authority to inspect vehicles or component parts of vehicles, business records, and manufacturers’ certificates of origin, certificates of title and other evidence of ownership for all vehicles offered for sale.
	425.60(2) The department has the right at any time to verify compliance of a person licensed under Iowa Code chapter 322 or 322C or issued a certificate under Iowa Code section 321.59 with all statutory and regulatory requirements.
This rule is intended to implement Iowa Code sections 321.62, 321.95, 322.13, and 322C.1.
761—425.61 Reserved.
761—425.62(322) Denial, suspension or revocation.
	425.62(1) The department may deny an application or suspend or revoke a certificate or license if the applicant, certificate holder or licensee fails to comply with the applicable provisions of this chapter of rules, Iowa Code sections 321.57 to 321.63 or Iowa Code chapter 322 or 322C.
	425.62(2) The department may deny a dealer’s application for a fair, show or exhibition permit for a period not to exceed six months if the dealer fails to comply with the applicable provisions of rule 761—425.26(322) or Iowa Code subsection 322.5(2) or 322C.3(9).
	425.62(3) The department may deny a motor vehicle dealer’s application for a demonstration permit for a period not to exceed six months if the dealer fails to comply with rule 761—425.72(321).
	425.62(4) The department shall send notice by certified mail to a person whose certificate, license or permit is to be revoked, suspended, canceled or denied. The notice shall be mailed to the person’s mailing address as shown on departmental records or, if the person is currently licensed, to the principal place of business, and shall become effective 20 days from the date mailed. A person who is aggrieved by a decision of the department and who is entitled to a hearing may contest the decision in accordance with 761—Chapter 13. The request shall be submitted in writing to the director of the office of vehicle services at the address in subrule 425.1(2). The request shall be deemed timely submitted if it is delivered or postmarked on or before the effective date specified in the notice of revocation, suspension, cancellation or denial.
This rule is intended to implement Iowa Code chapter 17A and sections 321.57 to 321.63, 322.6, 322.9, 322.31, and 322C.6.
[ARC 9048B, IAB 9/8/10, effective 10/13/10]
761—425.63 to 425.69 Reserved.
761—425.70(321) Dealer plates.
	425.70(1) Definition. The definitions of “dealer” and “vehicle” in Iowa Code section 321.1 apply to this rule.
	425.70(2) Persons who may be issued dealer plates. Dealer plates as provided in Iowa Code sections 321.57 to 321.63 may be issued to:
	a. 	Licensed motor vehicle dealers.
	b. 	Licensed travel trailer dealers.
	c. 	A person engaged in the business of buying, selling or exchanging trailer-type vehicles subject to registration under Iowa Code chapter 321, other than travel trailers, and who has an established place of business for such purpose in this state.
	d. 	Insurers selling vehicles of a type subject to registration under Iowa Code chapter 321 solely for the purpose of disposing of vehicles acquired as a result of a damage settlement or recovered stolen vehicles acquired as a result of a loss settlement. The plates shall display the words “limited use.”
	e. 	Persons selling vehicles of a type subject to registration under Iowa Code chapter 321 solely for the purpose of disposing of vehicles acquired or repossessed by them in exercise of powers or rights granted by lien or title-retention instruments or contracts given as security for loans or purchase money obligations, and who are not required to be licensed dealers. The plates shall display the words “limited use.”
	f. 	Persons engaged in the business of selling special equipment body units which have been or will be installed on motor vehicle chassis not owned by them, solely for the purpose of delivering, testing or demonstrating the special equipment body and the motor vehicle. The plates shall display the words “limited use.”
	g. 	A licensed manufacturer of ambulances, rescue vehicles or fire vehicles, solely for the purpose of transporting, demonstrating, showing or exhibiting the vehicles. The plates shall display the words “limited use.”
	h. 	A licensed wholesaler who is also licensed as a motor vehicle dealer as specified in paragraph 425.70(3)“e.”
	425.70(3) Use of dealer plates.
	a. 	Dealer plates shall not be displayed on vehicles that are rented or loaned. However, a dealer plate may be displayed on a motor vehicle, other than a truck or truck tractor, loaned to a customer of a licensed motor vehicle dealer while the customer’s motor vehicle is being serviced or repaired by the dealer.
	b. 	Motor vehicles used by dealers, manufacturers or distributors to transport other vehicles shall be registered, except when being transported from the place of manufacturing, assembling or distribution to a dealer’s place of business.
	c. 	Saddle-mounted vehicles being transported shall display dealer plates.
	d. 	Dealer plates may be displayed on a trailer carrying a load, provided the truck or truck tractor towing the trailer is properly registered under Iowa Code section 321.122, except as provided in rule 761—425.72(321).
	e. 	Dealer plates may be used by a dealer licensed as a wholesaler for a new motor vehicle model when operating a new motor vehicle of that model if the motor vehicle is owned by the wholesaler and is operated solely for the purpose of demonstration, show or exhibition.
This rule is intended to implement Iowa Code sections 321.57 to 321.63.
761—425.71 Reserved.
761—425.72(321) Demonstration permits.
	425.72(1) Demonstration permits may be issued by motor vehicle dealers to permit the use of dealer plates for the purpose of demonstrating the load capabilities of motor trucks and truck tractors. A demonstration permit must be issued on a form prescribed by the department.
	425.72(2) The dealer shall complete the permit. The information to be filled out includes, but is not limited to, the following:
	a. 	Date of issuance by the dealer, date of expiration, and the specific dates for which the permit is valid. The expiration date shall be five days or less from the date of issuance.
	b. 	Dealer’s name, address and license number.
	c. 	Name(s) of the prospective buyer(s) and all prospective drivers.
	d. 	Route of the demonstration trip. The points of origin and destination shall be the dealership. The permit is not valid for a route outside Iowa.
	e. 	The make, year and vehicle identification number of the motor vehicle being demonstrated.
	425.72(3) The permit shall at all times be carried in the motor vehicle to which it refers and shall be shown to any peace officer upon request.
	425.72(4) Only one demonstration permit per motor vehicle shall be issued for a prospective buyer.
	425.72(5) The demonstration permit is valid only for a movement that does not exceed the legal length, width, height and weight restrictions. The permit is not valid for an overdimensional or overweight movement.
This rule is intended to implement Iowa Code sections 321.57 to 321.63.
[761—Chapter 420 appeared as Ch 10, Department of Public Safety, 1973 IDR]
[Filed 7/1/75]
[Filed 10/28/77, Notice 8/24/77—published 11/16/77, effective 12/21/77]
[Filed 11/22/77, Notice 10/5/77—published 12/14/77, effective 1/18/78]
[Filed 5/9/78, Notice 3/22/78—published 5/31/78, effective 7/5/78]
[Filed 10/10/78, Notice 8/23/78—published 11/1/78, effective 12/6/78]
[Filed 8/23/79, Notice 7/11/79—published 9/19/79, effective 10/24/79]
[Filed 2/14/80, Notice 12/26/79—published 3/5/80, effective 4/9/80]
[Filed 9/9/81, Notice 7/22/81—published 9/30/81, effective 11/4/81]
[Filed 1/28/82, Notice 12/9/81—published 2/17/82, effective 3/24/82]
[Filed 1/21/83, Notice 12/8/82—published 2/16/83, effective 3/23/83]
[Filed emergency 2/17/83—published 3/16/83, effective 3/23/83]
[Filed 9/4/85, Notice 7/17/85—published 9/25/85, effective 10/30/85]
[Filed emergency 10/23/86—published 11/19/86, effective 10/24/86]
[Filed 1/6/87, Notice 11/19/86—published 1/28/87, effective 3/4/87]
[Filed 5/11/87, Notice 3/11/87—published 6/3/87, effective 7/8/87]
[Filed 11/3/88, Notice 9/21/88—published 11/30/88, effective 1/4/89]◊
[Filed emergency 11/30/89—published 12/27/89, effective 12/1/89]
[Filed 12/5/90, Notice 10/17/90—published 12/26/90, effective 1/30/91]
[Filed 1/15/92, Notice 12/11/91—published 2/5/92, effective 3/11/92]
[Filed 1/14/93, Notice 11/25/92—published 2/3/93, effective 3/10/93]
[Filed 12/16/93, Notice 11/10/93—published 1/5/94, effective 2/9/94]
[Filed 6/19/96, Notice 1/17/96—published 7/17/96, effective 8/21/96]
[Filed 3/5/97, Notice 1/29/97—published 3/26/97, effective 4/30/97]
[Filed 12/17/97, Notice 11/5/97—published 1/14/98, effective 2/18/98]
[Filed 10/14/99, Notice 9/8/99—published 11/3/99, effective 12/8/99]
[Filed 7/20/00, Notice 6/14/00—published 8/9/00, effective 9/13/00]
[Filed 6/19/02, Notice 4/17/02—published 7/10/02, effective 8/14/02]
[Filed 11/2/05, Notice 9/14/05—published 11/23/05, effective 12/28/05]
[Filed 10/11/07, Notice 8/15/07—published 11/7/07, effective 12/12/07]
[Filed ARC 9048B (Notice ARC 8869B, IAB 6/30/10), IAB 9/8/10, effective 10/13/10]
◊	Two or more ARCs