House File 255 - Introduced HOUSE FILE 255 BY LYKAM A BILL FOR An Act requiring a safety examination of the repairs made to a 1 salvage vehicle prior to issuance of a regular certificate 2 of title. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1433YH (2) 84 dea/nh
H.F. 255 Section 1. Section 321.52, subsection 4, paragraphs b and c, 1 Code 2011, are amended to read as follows: 2 b. When a wrecked or salvage vehicle has been repaired, 3 the owner may apply for a regular certificate of title by 4 paying the appropriate fees and surrendering the salvage 5 certificate of title and a properly executed salvage theft and 6 repair examination certificate. A motor vehicle with a gross 7 vehicle weight rating of thirty thousand pounds or more is not 8 subject to the salvage theft and repair examination otherwise 9 required under paragraph “c” , and the owner of such vehicle is 10 not required to submit a salvage theft and repair examination 11 certificate. The county treasurer shall issue a regular 12 certificate of title which shall bear a designation printed on 13 the face of the title and printed on the registration receipt 14 indicating that the vehicle was previously titled on a salvage 15 certificate of title in a form approved by the department. 16 This designation shall be included on every Iowa certificate 17 of title and registration receipt issued thereafter for the 18 vehicle. However, if ownership of a stolen vehicle has been 19 transferred to an insurer organized under the laws of this 20 state or admitted to do business in this state, or if the 21 transfer was the result of a settlement with the owner of 22 the vehicle arising from damage to or the unrecovered theft 23 of the vehicle, and if the insurer certifies to the county 24 treasurer on a form approved by the department that the 25 insurance company has received one or more written estimates 26 which state that the retail cost of repairs including labor, 27 parts, and other materials of all damage to the vehicle is less 28 than three thousand dollars, the county treasurer shall issue 29 to the insurance company the regular certificate of title and 30 registration receipt without this designation. 31 c. A salvage theft and repair examination shall be made 32 by a peace officer who has been specially certified and 33 recertified when required by the Iowa law enforcement academy 34 to do salvage theft and repair examinations. The Iowa law 35 -1- LSB 1433YH (2) 84 dea/nh 1/ 3
H.F. 255 enforcement academy shall determine standards for training and 1 certification, conduct training, and may approve alternative 2 training programs which satisfy the academy’s standards for 3 training and certification. The owner of the salvage vehicle 4 shall make the vehicle available for examination at a time and 5 location designated by the peace officer doing the examination. 6 The owner may obtain a permit to drive the vehicle to and from 7 the examination location by submitting a repair affidavit to 8 the agency performing the examination stating that the vehicle 9 is reasonably safe for operation and listing the repairs which 10 have been made to the vehicle. The owner must be present for 11 the examination and have available for inspection the salvage 12 title, bills of sale for all essential parts changed, if 13 applicable, and the repair affidavit. The examination shall be 14 for the purposes of determining whether the vehicle or repair 15 components have been stolen and determining that the vehicle 16 has been repaired in a safe manner . The examination is not a 17 vehicle safety inspection and a signed salvage theft and repair 18 examination certificate shall not be construed by any court 19 of law to be a certification that the vehicle is safe to be 20 operated. There shall be no cause of action against the peace 21 officer or the agency conducting the examination or the county 22 treasurer for failure to discover or note safety defects. If 23 the vehicle passes the theft and repair examination, the peace 24 officer shall indicate that the vehicle passed examination on 25 the salvage theft and repair examination certificate. The 26 permit and salvage theft and repair examination certificate 27 shall be on controlled forms prescribed and furnished by the 28 department. The owner shall pay a fee of thirty dollars 29 upon completion of the examination. The agency performing 30 the examinations shall retain twenty dollars of the fee and 31 shall pay five dollars of the fee to the department and five 32 dollars of the fee to the treasurer of state for deposit in the 33 general fund of the state. Moneys deposited to the general 34 fund under this paragraph are subject to the requirements of 35 -2- LSB 1433YH (2) 84 dea/nh 2/ 3
H.F. 255 section 8.60 and shall be used by the Iowa law enforcement 1 academy to provide for the special training, certification, and 2 recertification of officers as required by this subsection . 3 EXPLANATION 4 Under current law, when a wrecked or salvage vehicle has 5 been repaired, the vehicle must undergo a salvage theft 6 examination before the salvage title can be traded for a 7 regular certificate of title. Theft examinations are performed 8 by specially trained and certified peace officers for the 9 purpose of determining whether the vehicle or repair components 10 have been stolen. When the vehicle is presented for theft 11 examination, the owner must bring along the salvage title, 12 bills of sale for all essential parts changed, and a repair 13 affidavit stating that the vehicle is reasonably safe for 14 operation and listing the repairs which have been made to the 15 vehicle. 16 This bill expands the scope of the theft examination to 17 include inspection of repairs made to the vehicle in order 18 to determine that the vehicle has been repaired in a safe 19 manner. The examination is not a vehicle safety inspection, 20 and a salvage theft and repair examination certificate does not 21 constitute a certification that the vehicle is safe to operate. 22 -3- LSB 1433YH (2) 84 dea/nh 3/ 3