CHAPTER 451
EMERGENCY VEHICLE CERTIFICATE
[Prior to 6/3/87, see Transportation Department[820]—(07,E) Ch 2]
761—451.1(321) Information. Information about certificates of designation for authorized emergency vehicles is available by mail from the Motor Vehicle Division, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3110; by email at vscusto@iowadot.us; or on the department’s website at www.iowadot.gov.
This rule is intended to implement Iowa Code sections 321.2 and 321.3.
[ARC 2755C, IAB 10/12/16, effective 11/16/16; ARC 6308C, IAB 5/4/22, effective 6/8/22]
761—451.2(321) Authorized emergency vehicle certificate.
	451.2(1) Application. Application for a certificate which designates a privately owned vehicle as an authorized emergency vehicle shall be submitted to the motor vehicle division in the form and manner prescribed by the department. The department shall deny an application if the applicant does not establish for the department that the vehicle will be used as an authorized emergency vehicle, as described in Iowa Code section 321.451, that the vehicle does not otherwise demonstrate necessity for the designation, or that the applicant does not meet the criteria for issuance of a certificate established by Iowa Code section 321.451.
	451.2(2) Expiration. The certificate of designation expires at midnight on the thirty-first day of December five years from the year in which it was issued.
	451.2(3) Limitation. In addition to the provisions of Iowa Code sections 321.231(2), 321.231(4), 321.231A, 321.324A(3A) and 321.451, a towing or recovery vehicle with a valid certificate of designation may only display illuminated emergency lights in one of the following circumstances:
	a. 	When the vehicle is at the scene of an emergency, which includes an incident dangerous to the public or roadside operations where increased visibility will mitigate risk of traffic hazards.
	b. 	When otherwise authorized by a law enforcement officer.
This rule is intended to implement Iowa Code sections 321.231, 321.231A, 321.324A(3A) and 321.451.
[ARC 2755C, IAB 10/12/16, effective 11/16/16; ARC 6308C, IAB 5/4/22, effective 6/8/22; ARC 6845C, IAB 2/8/23, effective 3/15/23]
761—451.3(17A,321) Application denial or certificate revocation.
	451.3(1) The department may deny an application or revoke a certificate of designation if an applicant or certificate holder fails to comply with the applicable provisions of this chapter or Iowa Code section 321.231, 321.231A, 321.324A(3A) or 321.451; or if the certificate holder is no longer eligible for the certificate, or the certificate holder otherwise abuses the certification.
	451.3(2) The department shall send notice by certified mail to a person whose certificate of designation is to be revoked. The department shall send notice by first-class mail when an application is denied. The notice shall be mailed to the person’s mailing address as shown on departmental records, and the revocation or denial 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 motor vehicle division. 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 or denial.
This rule is intended to implement Iowa Code chapter 17A and sections 321.13, 321.16, 321.231, 321.231A, 321.324A(3A) and 321.451.
[ARC 2755C, IAB 10/12/16, effective 11/16/16; ARC 6308C, IAB 5/4/22, effective 6/8/22; ARC 6845C, IAB 2/8/23, effective 3/15/23]
[761—Chapter 451 appeared as Ch 2, Department of Public Safety, 1973 IDR]
[Filed 11/13/62; transferred to Department of Transportation 7/1/75]
[Filed 2/7/86, Notice 12/18/85—published 2/26/86, effective 4/2/86]
[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 11/29/95, Notice 10/25/95—published 12/20/95, effective 1/24/96]
[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 2755C (Notice ARC 2640C, IAB 8/3/16), IAB 10/12/16, effective 11/16/16]
[Filed ARC 6308C (Notice ARC 6141C, IAB 1/12/22), IAB 5/4/22, effective 6/8/22]
[Filed ARC 6845C (Notice ARC 6702C, IAB 11/30/22), IAB 2/8/23, effective 3/15/23]