House File 2078 - Introduced



                                       HOUSE FILE       
                                       BY  LYKAM


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to vehicle titles and registration plates for
  2    specialty vehicles, and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5262YH 82
  5 md/nh/5

PAG LIN



  1  1    Section 1.  Section 321.1, subsection 59, Code 2007, is
  1  2 amended to read as follows:
  1  3    59.  "Reconstructed vehicle" means every vehicle of a type
  1  4 required to be registered hereunder under this chapter
  1  5 materially altered from its original construction by the
  1  6 removal, addition, or substitution of essential parts, new or
  1  7 used.  "Reconstructed vehicle" does not include a street rod
  1  8 or replica vehicle.
  1  9    Sec. 2.  Section 321.1, Code 2007, is amended by adding the
  1 10 following new subsection:
  1 11    NEW SUBSECTION.  61.  "Replica vehicle" means any completed
  1 12 motor vehicle other than a motorcycle or motorized bicycle
  1 13 with a gross vehicle weight rating of less than ten thousand
  1 14 pounds consisting of a body, frame, and other essential parts,
  1 15 assembled as a reproduction of a vehicle originally
  1 16 manufactured by a generally recognized manufacturer of motor
  1 17 vehicles with the substitution or addition of essential parts
  1 18 to update the vehicle for purposes of safety, performance, or
  1 19 reliability.
  1 20    Sec. 3.  Section 321.1, subsection 74, Code 2007, is
  1 21 amended to read as follows:
  1 22    74.  "Specially constructed vehicle" means every vehicle of
  1 23 a type required to be registered hereunder under this chapter
  1 24 not originally constructed under a distinctive name, make,
  1 25 model, or type by a generally recognized manufacturer of
  1 26 vehicles and not materially altered from its original
  1 27 construction.  A "specially constructed vehicle" does not
  1 28 include a street rod or replica vehicle.
  1 29    Sec. 4.  Section 321.1, Code 2007, is amended by adding the
  1 30 following new subsection:
  1 31    NEW SUBSECTION.  78A.  "Street rod" means any car or motor
  1 32 truck with a gross vehicle weight rating of less than ten
  1 33 thousand pounds required to be registered under this chapter,
  1 34 manufactured by a generally recognized manufacturer of motor
  1 35 vehicles prior to the year 1949, with the substitution of a
  2  1 body or frame not manufactured by the original manufacturer,
  2  2 or any motor vehicle designed and manufactured to resemble a
  2  3 motor vehicle manufactured prior to the year 1949.
  2  4    Sec. 5.  Section 321.23, subsection 1, Code 2007, is
  2  5 amended to read as follows:
  2  6    1.  a.  If the vehicle to be registered is a specially
  2  7 constructed vehicle, reconstructed vehicle, street rod,
  2  8 replica vehicle, or foreign vehicle, such fact shall be stated
  2  9 in the application.  A fee of ten dollars shall be paid by the
  2 10 person making the application upon issuance of a certificate
  2 11 of title by the county treasurer.  For a specially constructed
  2 12 vehicle, or reconstructed motor vehicle, street rod, or
  2 13 replica vehicle subject to registration, the application shall
  2 14 be accompanied by a statement from the department authorizing
  2 15 the motor vehicle to be titled and registered in this state.
  2 16    b.  The department shall cause a physical inspection to be
  2 17 made of all specially constructed vehicles, or reconstructed
  2 18 motor vehicles, street rods, and replica vehicles upon
  2 19 application for a certificate of title by the owner, to
  2 20 determine whether the motor vehicle complies with the
  2 21 definition of specially constructed motor vehicle, or
  2 22 reconstructed motor vehicle, street rod, or replica vehicle in
  2 23 this chapter and to determine that the integral component
  2 24 parts are properly identified and that the rightful ownership
  2 25 is established before issuing the owner the authority to have
  2 26 the motor vehicle registered and titled.  The purpose of the
  2 27 physical inspection under this section is not to determine
  2 28 whether the motor vehicle is in a condition safe to operate.
  2 29    c.  The owner of a specially constructed vehicle, or
  2 30 reconstructed vehicle, street rod, or replica vehicle shall
  2 31 apply for a certificate of title and registration for the
  2 32 vehicle at the county treasurer's office within thirty days of
  2 33 the inspection.  For a foreign vehicle which has been
  2 34 registered outside this state, the owner shall surrender to
  2 35 the treasurer all registration plates, registration cards, and
  3  1 certificates of title, or if the vehicle to be registered is
  3  2 from a nontitle state, the evidence of foreign registration
  3  3 and ownership as may be prescribed by the department except as
  3  4 provided in subsection 2.
  3  5    d.  Upon completion of every specially constructed vehicle,
  3  6 reconstructed vehicle, street rod, or replica vehicle, the
  3  7 owner shall certify on a form prescribed by the department
  3  8 that such vehicle is in compliance with all equipment
  3  9 specifications.
  3 10    Sec. 6.  NEW SECTION.  321.115A  REPLICA VEHICLES AND
  3 11 STREET RODS == MODEL YEAR PLATES PERMITTED == PENALTY.
  3 12    1.  A motor vehicle may be registered as a replica vehicle
  3 13 or street rod upon payment of the fee provided for in section
  3 14 321.109, 321.113, 321.122, or 321.124.  The owner of a vehicle
  3 15 registered under this section may display registration plates
  3 16 from or representing the model year of the motor vehicle or
  3 17 the model year of the motor vehicle the registered vehicle is
  3 18 designed to resemble, furnished by the person and approved by
  3 19 the department, in lieu of the current and valid Iowa
  3 20 registration plates issued for the vehicle, provided that the
  3 21 current and valid Iowa registration plates and the
  3 22 registration card issued for the vehicle are simultaneously
  3 23 carried within the vehicle and are available for inspection to
  3 24 any peace officer upon the officer's request.
  3 25    2.  Truck tractors and semitrailers registered under this
  3 26 section shall not be used to haul loads.
  3 27    3.  A person convicted of a violation of this section is
  3 28 guilty of a simple misdemeanor punishable as a scheduled
  3 29 violation under section 805.8A, subsection 2, paragraph "b".
  3 30    Sec. 7.  Section 805.8A, subsection 2, paragraph b, Code
  3 31 2007, is amended to read as follows:
  3 32    b.  For violations under sections 321.17, 321.47, 321.55,
  3 33 321.98, and 321.115, and 321.115A, the scheduled fine is
  3 34 thirty dollars.
  3 35                           EXPLANATION
  4  1    This bill establishes definitions for "replica vehicle" and
  4  2 "street rod".  The bill requires that if a vehicle is to be
  4  3 registered as a street rod or replica vehicle, such fact must
  4  4 be stated in the application.  A fee of $10 shall be paid by
  4  5 the person making the application upon issuance of a
  4  6 certificate of title by the county treasurer.  The bill also
  4  7 requires the application to be accompanied by a statement from
  4  8 the department authorizing the motor vehicle to be titled and
  4  9 registered in this state.
  4 10    The bill requires the department to physically inspect all
  4 11 street rods and replica vehicles upon application for a
  4 12 certificate of title to determine whether the motor vehicle
  4 13 complies with the definition of street rod or replica vehicle,
  4 14 that integral component parts are properly identified, and
  4 15 that the rightful ownership is established before issuing the
  4 16 owner the authority to have the motor vehicle registered and
  4 17 titled.  The physical inspection is not intended to determine
  4 18 whether the motor vehicle is in a condition safe to operate.
  4 19 The owner must apply for a certificate of title and
  4 20 registration for the vehicle at the county treasurer's office
  4 21 within 30 days of the inspection.  The bill requires the owner
  4 22 of a street rod or replica vehicle to certify in writing that
  4 23 such vehicle is in compliance with all equipment
  4 24 specifications.
  4 25    New Code section 321.115A allows the owner of a replica
  4 26 vehicle or street rod to, in lieu of the current and valid
  4 27 Iowa registration plates, display registration plates from or
  4 28 representing the model year of the motor vehicle or the model
  4 29 year of the motor vehicle the registered vehicle is designed
  4 30 to resemble.  The model year plates, however, must be
  4 31 furnished by the owner and approved by the department.  The
  4 32 bill requires the current and valid Iowa registration plates
  4 33 and the registration card issued for the vehicle be
  4 34 simultaneously carried within the vehicle and available for
  4 35 inspection to any peace officer upon the officer's request.
  5  1 Truck tractors and semitrailers registered as replica vehicles
  5  2 or street rods shall not be used to haul loads.  A person
  5  3 convicted of a violation of the new Code section is guilty of
  5  4 a simple misdemeanor punishable by a scheduled fine of $30.
  5  5 LSB 5262YH 82
  5  6 md/nh/5.1