HF 2439 (LSB 5766YH (5) 91)

HOUSE FILE 2439

BY  BEHN

A BILL FOR

An Act relating to specially constructed motorcycles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.1, subsection 76, Code 2026, is amended to read as follows:
   76.  “Specially constructed vehicle” means every vehicle of a type required to be registered under this chapter not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.  “Specially constructed vehicle” includes a motorcycle assembled by a person who is not a manufacturer if the assembled motorcycle does not comply with the certification label requirement under 49 C.F.R. pt. 567, regardless of whether the motorcycle is constructed under a distinctive name, make, model, or type.  “Specially constructed vehicle” does not include a street rod, replica vehicle, or glider kit vehicle.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill defines “specially constructed vehicle” to include a motorcycle assembled by a person who is not a vehicle manufacturer if the assembled motorcycle does not comply with the certification label requirement under 49 C.F.R. pt. 567, regardless of whether the motorcycle is constructed under a distinctive name, make, model, or type. Federal regulations generally require manufacturers of motor vehicles to permanently affix to each vehicle a certification label in such a manner that it cannot be removed without destroying or defacing it. A certification label is intended to assist a consumer in determining which of the federal motor vehicle safety standards (49 C.F.R. pt. 571), bumper standards (49 C.F.R. pt. 581), and federal theft prevention standards (49 C.F.R. pt. 541) are applicable to the vehicle.
   Under current law, a person who registers a specially constructed vehicle must state the fact that the vehicle is specially constructed in the application. The application fee is $30. The application must be accompanied by a statement from the department of transportation (DOT) authorizing the motor vehicle to be titled and registered. A physical inspection of all specially constructed vehicles must be made so the DOT can determine whether the motor vehicle complies with the definition of “specially constructed vehicle” and to determine that the integral component parts are properly identified and that the rightful ownership is established before the owner can register and title the motor vehicle. The purpose of the physical inspection is not to determine whether the motor vehicle is in a condition safe to operate. Upon completion of every specially constructed vehicle, the owner is required to certify on a form prescribed by the DOT that the vehicle is in compliance with all equipment specifications required under Code chapter 321 (motor vehicles and law of the road).
   If a vehicle does not meet the equipment requirements of Code chapter 321 due to the particular use for which it is designed or intended, the vehicle may be registered by the DOT upon payment of appropriate fees and after inspection and certification by the DOT that the vehicle is not in an unsafe condition.