CHAPTER 321MOTOR VEHICLES AND LAW OF THE ROADReferred to in 7.10, 27A.1, 81.1, 103A.55, 123.46, 123.47, 135C.33, 232.8, 307.27, 312.1, 312.7, 321A.3, 321E.29, 321F.8, 321H.2, 321H.4A, 321I.1, 321I.31, 321J.4B, 321J.20, 321M.1, 321M.2, 321M.6, 322.2, 322.4, 322.9, 322.29, 322A.1, 322C.4, 322C.6, 326.5, 326.6, 326.11, 326.12, 326.22, 326.30, 331.362, 422.11N, 423.1, 423B.4, 435.26A, 462A.33, 516E.1, 535.2, 554.9311, 554.9503, 554.13104, 602.8106, 690.2, 692.1, 692A.101, 707.6A, 714.2, 725.1, 805.6, 805.8A, 805.9, 805.16, 809.1, 809A.3, 811.9, 903.1, 910.1
Fines doubled for moving traffic violations occurringin road work zones; §805.8A, subsection 14, paragraph i
GENERAL PROVISIONS
321.1Definitions of words and phrases.
321.1APresumption of residency.
321.2Administration and enforcement.
321.3Powers and duties of director.
321.4Rules.
321.5Duty to obey.
321.6Reciprocal enforcement — patrol beats.
321.7Seal of department.
321.8Director to prescribe forms.
321.9Authority to administer oaths and acknowledge signatures.
321.10Certified copies of records.
321.11Records of department.
321.11APersonal information disclosure — exception.
321.12Destruction of records.
321.13Authority to grant or refuse applications.
321.14Seizure of documents and plates.
321.15Publication of law.
321.16Giving of notices.
REGISTRATION, CERTIFICATE OF TITLE, AND PROOF OF SECURITY AGAINST FINANCIAL LIABILITY
321.17Misdemeanor to violate registration provisions.
321.18Vehicles subject to registration — exception.
321.18ARecords of implements of husbandry.
321.19Exemptions distinguishing plates definitions of urban transit company and regional transit system.
321.20Application for registration and certificate of title.
321.20ACertificate of title and registration fees commercial vehicles.
321.20BProof of security against liability — driving without liability coverage.
321.21Special mobile equipment plates. Repealed by 99 Acts, ch 13, §28, 29; 2000 Acts, ch 1154, §46, 50.
321.22Urban and regional transit equipment certificates and plates.
321.23Titles to specially constructed and reconstructed vehicles, street rods, replica vehicles, and foreign vehicles.
321.23AAffidavit of correction.
321.24Issuance of registration and certificate of title.
321.25Application for registration and title — cards attached.
321.26Multiple registration periods and adjustments.
321.27Implementation of twelve-month registration period. Repealed by 97 Acts, ch 108, §49.
321.28Failure to register.
321.29Renewal not permitted.
321.30Grounds for refusing registration or title.
321.31Records system.
321.32Registration card carried and exhibited exception.
321.33Exception. Repealed by 2010 Acts, ch 1069, §140.
321.34Plates or validation sticker furnished — retained by owner — special plates.
321.35Plates — reflective material — bidding procedures.
321.36Reserved.
321.37Display of plates.
321.38Plates method of attaching — imitations prohibited.
321.39Expiration of registration.
321.40Application for renewal — notification — reasons for refusal.
321.41Change of address or name or fuel type.
321.42Lost or damaged certificates, cards, and plates — replacements.
321.43New identifying numbers.
321.44Rules governing change of engines, drivetrain assemblies, and related parts.
321.44AVoluntary contribution — anatomical gift public awareness and transplantation fund — amount retained by county treasurer.
TRANSFERS OF TITLE OR INTEREST
321.45Title must be transferred with vehicle.
321.46New title and registration upon transfer of ownership — credit.
321.46AChange from apportioned registration credit.
321.47Transfers by operation of law.
321.48Vehicles acquired for resale.
321.49Time limit — penalty — power of attorney.
321.50Security interest provisions.
321.51Terminal rental adjustment clause — vehicle leases that are not sales or security interests.
321.52Out-of-state sales — junked, dismantled, wrecked, or salvage vehicles.
321.52ACertificate of title surcharge — allocation of moneys.
PERMITS TO NONRESIDENT OWNERS
321.53Nonresident owners of passenger vehicles and trucks.
321.54Registration and financial liability coverage required of certain nonresident carriers.
321.55Registration and financial liability coverage required for certain vehicles owned or operated by nonresidents.
321.56Repair of out-of-state commercial motor vehicles — permits.
SPECIAL PLATES TO MANUFACTURERS, TRANSPORTERS, WHOLESALERS, AND DEALERS
321.57Operation under special plates.
321.58Application.
321.59Issuance of certificate.
321.60Issuance of special plates.
321.61Expiration of special plates.
321.62Records required.
321.63Different places of business.
321.64Implementation of multiyear licensing and issuance of special plates. Repealed by 98 Acts, ch 1075, §32.
PUBLIC GARAGE RECORDS
321.65Garage record.
321.66Duty to hold vehicles.
USED MOTOR VEHICLE REQUIREMENTS NEW AND USED MOTOR VEHICLE DISCLOSURE REQUIREMENTS
321.67Certificate of title must be executed.
321.68Sale in bulk.
321.69Damage disclosure statement.
321.69ADisclosure of repairs to new vehicles.
321.70Dealer vehicles.
321.71Odometer requirements.
321.71ACounterfeit, nonfunctional, and unsafe air bags.
SPECIAL ANTITHEFT LAW
321.72Report of stolen and recovered motor vehicles.
321.73Reports by owners.
321.74Action by department.
321.75through 321.77 Reserved.
321.78Injuring or tampering with vehicle.
321.79Intent to injure.
321.80Reserved.
321.81Presumptive evidence.
321.82and 321.83 Reserved.
321.84Seizure of vehicles.
321.85Stolen vehicles or component parts.
321.86Notice by director.
321.87Delivery to owner.
321.88Failure of owner to claim.
321.89Abandoned vehicles.
321.90Disposal of abandoned motor vehicles.
321.91Limitation on liability — penalty for abandonment.
321.92Altering or changing numbers.
321.93Defense.
321.94Test to determine true number.
321.95Right of inspection.
321.96Prohibited plates certificates.
OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION
321.97Fraudulent applications.
321.98Operation without registration.
321.99Fraudulent use of registration.
321.100False evidences of registration.
321.101Suspension or revocation of registration or cancellation of certificate of title by department.
321.101ARevocation of registration by county treasurer.
321.102Suspending or revoking special registration.
321.103Owner to return evidences of registration and title.
321.104Penal offenses against title law.
REGISTRATION FEES
321.105Annual registration fee required.
321.105AFee for new registration.
321.106Registration for fractional part of year.
321.107and 321.108 Reserved.
321.109Annual registration fee computed — transit fee.
321.110Rejecting fractional dollars.
321.111Conversion of car — effect.
321.112Minimum motor vehicle fee.
321.113Automatic reduction.
321.114Reserved.
321.115Antique vehicles — model year plates permitted.
321.115AReplica vehicles and street rods — model year plates permitted — penalty.
321.116Electric automobiles. Repealed by 2013 Acts, ch 140, §162, 163.
321.117Motorcycle, autocycle, ambulance, and hearse fees.
321.118Corn shellers and feed grinders. Repealed by 91 Acts, ch 56, §2.
321.119Church buses.
321.120Business-trade trucks.
321.121Special trucks for farm use.
321.122Trucks, truck tractors, and road tractors — fees.
321.123Trailers.
321.124Motor homes, multipurpose vehicles, and motorsports recreational vehicles — fees.
321.125Effect of exemption.
321.126Refunds of annual registration fees.
321.127Payment of refund.
321.128Payment authorized.
321.129When fees returnable.
321.130Fees in lieu of taxes.
321.131Lien of fee.
321.132When lien attaches.
PENALTIES, COSTS, AND COLLECTIONS
321.133Methods of collection.
321.134Monthly penalty.
321.135When fees delinquent.
321.136through 321.144 Reserved.
FUNDS
321.145Disposition of moneys and fees.
321.146and 321.147 Reserved.
321.148Monthly estimate.
321.149Supplies.
321.150Time limit.
321.151Duty and liability of treasurer.
321.152Collection fees retained by county.
321.153Treasurer’s report to department.
321.154Reports by department.
321.155Duty of treasurer of state.
321.156Audit by department.
VALUE AND WEIGHT OF VEHICLES
321.157Schedule of prices and weights.
321.158Registration dependent on schedule.
321.159Exceptional cases — annual registration fee.
321.160Department to maintain statement.
321.161Department to fix values and weight.
321.162Method of fixing value and weight.
PLATES AND SUPPLIES
321.163and 321.164 Reserved.
321.165Manufacture by state.
321.166Vehicle plate specifications.
321.167Delivery of plates, stickers, and emblems.
321.168Additional deliveries.
321.169Account of plates.
321.170Plates for exempt vehicles.
321.171Title of plates.
321.172and 321.173 Reserved.
DRIVER’S LICENSES
321.174Operators licensed — operation of commercial motor vehicles.
321.174AOperation of motor vehicle with expired license.
321.175Repealed by 90 Acts, ch 1230, §97.
321.176Persons exempt from driver’s licensing requirements.
321.176APersons exempt from commercial driver’s license requirements.
321.176BPersons exempt by rule from commercial driver’s license requirements.
321.177Persons not to be licensed.
321.178Driver education — restricted license — reciprocity.
321.178ADriver education teaching parent.
321.179Motorcycle rider education fund.
321.180Instruction permits, commercial learner’s permits, and chauffeur’s instruction permits.
321.180ASpecial instruction permit.
321.180BGraduated driver’s licenses for persons aged fourteen through seventeen.
321.181Temporary permit.
321.182Application.
321.183Application for driver’s license or nonoperator’s identification card — selective service registration.
321.184Applications of unmarried minors.
321.185Death of person signing application — effect.
321.186Examination of new or incompetent operators.
321.186AVision report in lieu of vision test.
321.187Examiners.
321.188Commercial driver’s license requirements.
321.189Driver’s license — content.
321.189ADriver’s license for undercover law enforcement officers — fee — penalties.
321.190Issuance of nonoperator’s identification cards — fee.
321.191Fees for driver’s licenses.
321.192Waivers or refunds of fees. Repealed by 2009 Acts, ch 130, §17.
321.193Restrictions on licenses — penalty.
321.194Special minor’s licenses.
321.195 Replacement of driver’s licenses and nonoperator’s identification cards.
321.196Expiration of license — renewal.
321.197Repealed by its own terms; 90 Acts, ch 1230, §42.
321.198Military service exception.
321.199Driver’s license records.
321.200Conviction and accident file.
321.200AConvictions based upon fraud.
CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSES
321.201Cancellation and return of license — prohibition from issuance of commercial driver’s license for false information.
321.202Repealed by 90 Acts, ch 1230, §97.
321.203Suspending privileges of nonresidents.
321.204Certification of conviction — notification of commercial driver’s disqualification.
321.205Conviction or administrative decision in another jurisdiction.
321.206Surrender of license duty of court.
321.207Downgrade of commercial driver’s license or commercial learner’s permit.
321.208Disqualification from operation of commercial motor vehicles — noncommercial driver’s license — temporary license or permit.
321.208AOperation in violation of out-of-service order penalties.
321.209Mandatory revocation.
321.210Suspension.
321.210ASuspension for failure to pay fine, penalty, surcharge, or court costs.
321.210BInstallment agreement.
321.210CProbation period.
321.210DVehicular homicide suspension — termination upon revocation of license — reopening of suspension.
321.211Notice and hearing — appropriation.
321.211AAppeal of extended suspension or revocation.
321.212Period of suspension or revocation — surrender of license.
321.213License suspensions or revocations due to violations by juvenile drivers.
321.213ALicense suspension for juveniles adjudicated delinquent for certain drug or alcohol offenses.
321.213BSuspension for failure to attend.
321.214Repealed by 90 Acts, ch 1230, §97.
321.215Temporary restricted license.
LICENSES AND NONOPERATOR’S IDENTIFICATION CARDS — VIOLATIONS
321.216Unlawful use of license or nonoperator’s identification card — penalty.
321.216AFalsifying driver’s licenses, nonoperator’s identification cards, or forms.
321.216BUse of driver’s license or nonoperator’s identification card by underage person to obtain alcohol.
321.216CUse of driver’s license or nonoperator’s identification card by underage person to obtain tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes.
321.217Perjury.
321.218Operating without valid driver’s license or when disqualified — penalties.
321.218ACivil penalty — disposition — reinstatement.
321.219Permitting unauthorized minor to drive.
321.220Permitting unauthorized person to drive.
321.221Employing unlicensed chauffeur.
321.222Renting motor vehicle to another.
321.223Driver’s license inspection for motor vehicle rental.
321.224Record kept.
321.225through 321.227 Reserved.
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
321.228Provisions refer to highways — exceptions.
321.229Obedience to peace officers.
321.230Public officers not exempt.
321.231Authorized emergency vehicles and police bicycles.
321.232 Speed detection jamming devices penalty.
321.233Road workers exempted.
321.234Bicycles, animals, or animal-drawn vehicles.
321.234AAll-terrain vehicles — highway use.
321.235Provisions uniform.
321.235AElectric personal assistive mobility devices.
POWERS OF LOCAL AUTHORITIES
321.236Powers of local authorities.
321.237Signs requirement notice.
321.238Use of electronic devices while driving preemption of local legislation.
321.239Counties may restrict parking of vehicles.
321.240Altering center of gravity of vehicle. Repealed by 96 Acts, ch 1152, §26.
321.241Regulation of taxicabs by local authorities limits.
321.242through 321.246 Reserved.
321.247Golf cart operation on city streets.
321.248Parks and cemeteries.
321.249School zones.
321.250Discriminations.
321.251Rights of owners of real property — manufactured home communities or mobile home parks.
TRAFFIC SIGNS, SIGNALS, AND MARKINGS
321.252Department to adopt sign manual.
321.253Department to erect signs.
321.253ADirectional signs relating to historic sites on land owned or managed by state agencies.
321.253BMetric signs restricted.
321.254Local authorities restricted.
321.255Local traffic-control devices.
321.256Obedience to official traffic-control devices.
321.257Official traffic-control signal.
321.258Arrangement of lights on official traffic-control signals.
321.259Unauthorized signs, signals, or markings.
321.260Interference with devices, signs, or signals — unlawful possession — traffic signal preemption devices.
ACCIDENTS
321.261Death or personal injuries.
321.262Leaving scene of traffic accident prohibited vehicle damage only removal of vehicles.
321.263Information and aid — leaving scene of personal injury accident.
321.264Striking unattended vehicle.
321.265Striking fixtures upon a highway.
321.266Reporting accidents.
321.267Supplemental reports.
321.267ATraffic accidents involving certified law enforcement officers or other emergency responders — reports.
321.268Driver unable to report.
321.269Accident report forms.
321.270Reserved.
321.271Reports confidential — without prejudice — exceptions.
321.272Tabulation of reports.
321.273City may require reports.
321.274Accidents in cities over 15,000. Repealed by 98 Acts, ch 1178, §16.
OPERATION OF MOTORCYCLES AND MOTORIZED BICYCLES
321.275Operation of motorcycles and motorized bicycles.
CRIMINAL OFFENSES
321.276Use of electronic communication device while driving.
321.277Reckless driving.
321.277ACareless driving.
321.278Drag racing prohibited.
321.279Eluding or attempting to elude pursuing law enforcement vehicle.
321.280Assaults and homicide.
321.281Actions against bicyclists.
321.282and 321.283 Reserved.
321.284Open containers in motor vehicles drivers.
321.284AOpen containers in motor vehicles — passengers.
SPEED RESTRICTIONS
321.285Speed restrictions.
321.286and 321.287 Repealed by 93 Acts, ch 47, §14.
321.288Control of vehicle reduced speed.
321.289Speed signs — duty to install.
321.290Special restrictions.
321.291Information or notice.
321.292Civil action unaffected.
321.293Local authorities may alter limits.
321.294Minimum speed regulation.
321.295Limitation on bridge or elevated structures.
321.296Reserved.
DRIVING ON RIGHT SIDE OF ROADWAY — OVERTAKING AND PASSING — TOWING
321.297Driving on right-hand side of roadway — exceptions.
321.298Meeting and turning to right.
321.299Overtaking a vehicle.
321.300and 321.301 Repealed by 92 Acts, ch 1175, §42.
321.302Overtaking and passing.
321.303Limitations on overtaking on the left.
321.304Prohibited passing.
321.305One-way roadways and rotary traffic islands.
321.306Roadways laned for traffic.
321.307Following too closely.
321.308Motor trucks and towed vehicles — distance requirements.
321.309Towing — convoys.
321.310Towing four-wheeled trailers.
TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING
321.311Turning at intersections.
321.312Turning on curve or crest of grade.
321.313Starting parked vehicle.
321.314When signal required.
321.315Signal continuous.
321.316Stopping.
321.317Signals by hand and arm or signal device.
321.318Method of giving hand and arm signals.
RIGHT-OF-WAY
321.319Entering intersections from different highways.
321.320Left turns — yielding.
321.321Entering through highways.
321.322Vehicles entering stop or yield intersection.
321.323Moving vehicle backward on highway.
321.323AApproaching certain stationary vehicles.
321.324Operation on approach of emergency vehicles.
321.324AFuneral processions.
PEDESTRIANS’ RIGHTS AND DUTIES
321.325Pedestrians subject to signals.
321.326Pedestrians on left.
321.327Pedestrians’ right-of-way.
321.328Crossing at other than crosswalk.
321.329Duty of driver — pedestrians crossing or working on highways.
321.330Use of crosswalks.
321.331Pedestrians soliciting rides.
321.332White canes restricted to blind persons.
321.333Duty of drivers.
321.334Penalties.
321.335through 321.339 Reserved.
321.340Driving through safety zone.
SPECIAL STOPS REQUIRED
321.341Obedience to signal indicating approach of railroad train or railroad track equipment.
321.342Stop at certain railroad crossings — posting warning.
321.343Certain vehicles must stop.
321.343AEmployer violations — penalty.
321.344Heavy equipment at crossing.
321.344AReported violations for failure to stop at a railroad crossing — citations.
321.344BImmediate safety threat — penalty.
321.345Stop or yield at highways.
321.346Cost of signs.
321.347Exceptions.
321.348Limitations on cities.
321.349Exceptions.
321.350Primary roads as through highways.
321.351Reserved.
321.352Additional signs — cost.
321.353Stop before crossing sidewalk — right-of-way.
STOPPING, STANDING, AND PARKING
321.354Stopping on traveled way.
321.355Disabled vehicle.
321.356Officers authorized to remove.
321.357Removed from bridge.
321.358Stopping, standing, or parking.
321.359Moving other vehicle.
321.360Theaters, hotels, and auditoriums.
321.361Additional parking regulations.
MISCELLANEOUS RULES
321.362Unattended motor vehicle.
321.363Obstruction to driver’s view.
321.364Preventing contamination of food by hazardous material.
321.365Coasting prohibited.
321.366Acts prohibited on fully controlled-access facilities.
321.367Following fire apparatus.
321.368Crossing fire hose.
321.369Putting debris on highway.
321.370Removing injurious material.
321.371Clearing up wrecks.
SCHOOL BUSES
321.372Discharging pupils — stopping requirements — penalties.
321.372APrompt investigation of reported violation of failing to obey school bus warning devices — citation issued to driver or owner.
321.373Required construction — rules adopted.
321.374Inspection — seal of approval.
321.375School bus drivers — qualifications — grounds for suspension.
321.376License — authorization — instruction requirement.
321.377Regional transit system transportation.
321.378Applicability.
321.379Violations.
321.380Enforcement.
SAFETY STANDARDS
321.381Movement of unsafe or improperly equipped vehicles.
321.381AOperation of low-speed vehicles.
321.382Upgrade pulls — minimum speed.
321.383Exceptions — slow vehicles identified.
LIGHTING EQUIPMENT
321.384When lighted lamps required.
321.385Headlamps on motor vehicles.
321.385ACitation for unlighted headlamp, rear lamp, or rear registration plate light.
321.386Headlamps on motorcycles and motorized bicycles.
321.387Rear lamps.
321.388Illuminating plates.
321.389Reflector required.
321.390Reflector requirements.
321.391Approval of reflectors. Repealed by 97 Acts, ch 108, §49.
321.392Clearance and identification lights.
321.393Color and mounting.
321.394Lamp or flag on projecting load.
321.395Lamps on parked vehicles.
321.396Exception.
321.397Lamps on bicycles.
321.398Lamps on other vehicles and equipment.
321.399through 321.401 Reserved.
321.402Spot lamps.
321.403Auxiliary driving lamps.
321.404Signal lamps and signal devices.
321.404ALight-restricting devices prohibited.
321.405Self-illumination.
321.406Cowl lamps. Repealed by 2010 Acts, ch 1045, §1.
321.407Reserved.
321.408Back-up lamps.
321.409Mandatory lighting equipment.
321.410through 321.414 Reserved.
321.415Required usage of lighting devices.
321.416Reserved.
321.417Single-beam road-lighting equipment.
321.418Alternate road-lighting equipment.
321.419Number of driving lamps required or permitted.
321.420Number of lamps lighted.
321.421Special restrictions on lamps.
321.422Red light in front rear lights.
321.423Flashing lights.
321.424through 321.429 Reserved.
BRAKES, HITCHES, AND SWAY CONTROL
321.430Brake, hitch, and control requirements.
321.431Performance ability.
MISCELLANEOUS EQUIPMENT AND DRIVER SAFETY PROVISIONS
321.432Horns and warning devices.
321.433Sirens, whistles, and bells prohibited.
321.434Bicycle sirens or whistles.
321.435Motorcycles equipped with detachable stabilizing wheels.
321.436Mufflers, prevention of noise.
321.437Mirrors.
321.438Windshields and windows.
321.439Windshield wipers.
321.440Restrictions as to tire equipment.
321.441Metal tires prohibited.
321.442Projections on wheels.
321.443Exceptions.
321.444Safety glass.
321.445Safety belts and safety harnesses — use required.
321.446Child restraint devices.
321.447and 321.448 Reserved.
321.449Motor carrier safety rules.
321.449ARail crew transport drivers.
321.449BTexting or using a mobile telephone while operating a commercial motor vehicle.
321.450Hazardous materials transportation regulations.
321.451Emergency vehicles — certificate of designation.
SIZE, WEIGHT, AND LOAD
321.452Scope and effect.
321.453Exceptions.
321.454Width of vehicles.
321.455Projecting loads on passenger vehicles.
321.456Height of vehicles.
321.457Maximum length.
321.458Loading beyond front.
321.459Dual axle requirement.
321.460Spilling loads on highways.
321.461Trailers and towed vehicles.
321.462Drawbars and safety chains.
321.463Maximum gross weight — exceptions — penalties.
321.464Investigation as to safety.
321.465Weighing vehicles and removal of excess.
321.466Increased loading capacity — reregistration.
321.467Retractable axles.
321.468through 321.470 Reserved.
321.471Local authorities may restrict.
321.472Signs posted.
321.473 Limitations on trucks by local authorities.
321.474Department may restrict.
321.475Liability for damage — rules.
321.476Weighing vehicles by department.
321.477Employees as peace officers maximum age.
321.478Bond.
321.479Badge of authority.
321.480Limitation on expense.
321.481No impairment of other authority.
CRIMINAL RESPONSIBILITY
321.482Violations — simple misdemeanors unless otherwise provided.
321.482AViolations resulting in injury or death — additional penalties.
321.483Felony penalty — class “D” felony.
321.484Offenses by owners.
321.485Notice to appear — promise to appear.
321.486Authorized bond forms.
321.487Violation of promise to appear.
321.488Procedure not exclusive.
321.489Record inadmissible in a civil action.
321.490Conviction not to affect credibility.
321.491Convictions and recommendations for suspension to be reported.
LAW ENFORCEMENT
321.492Peace officers’ authority.
321.492AQuotas on citations prohibited.
321.492BUse of unmanned aerial vehicle for traffic law enforcement prohibited.
CIVIL LIABILITY
321.493Liability for damages.
321.494through 321.497 Reserved.
ACTIONS AGAINST NONRESIDENTS
321.498Legal effect of use and operation.
321.499“Person” defined. Repealed by 2013 Acts, ch 90, §216.
321.500Original notice — form.
321.501Manner of service.
321.502Notification to nonresident — form.
321.503Reserved.
321.504Optional notification.
321.505Proof of service.
321.506Actual service within this state.
321.507Venue of actions.
321.508Continuances.
321.509Duty of director.
321.510Expenses and attorney fees.
321.511Dismissal — effect.
321.512Action against insurance.
321.513Nonresident traffic violator compact.
321.514through 321.554 Reserved.
HABITUAL OFFENDER
321.555Habitual offender defined.
321.556Notice and hearing — findings and order.
321.557through 321.559 Repealed by 95 Acts, ch 143, §13.
321.560Period of revocation — temporary restricted licenses.
321.561Punishment for violation.
321.562Rule of construction.
GENERAL PROVISIONS321.1Definitions of words and phrases.The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them.1.  “Agricultural hazardous material” means a hazardous material, other than hazardous waste, whose end use directly supports the production of an agricultural commodity, including, but not limited to, a fertilizer, pesticide, soil conditioner, or fuel. “Agricultural hazardous material” is limited to material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as defined in 49 C.F.R. §171.8.1A.  “Air bag” means a motor vehicle inflatable occupant restraint system that operates in the event of a crash and is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed. “Air bag” includes all component parts to a motor vehicle inflatable occupant restraint system, including but not limited to the cover, sensors, controllers, inflators, wiring, and seat belt systems.1B.  “Alcohol concentration” means the number of grams of alcohol per any of the following:a.  One hundred milliliters of blood.b.  Two hundred ten liters of breath.c.  Sixty-seven milliliters of urine.2.  “Alcoholic beverage” includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption.3.  “Alley” means a thoroughfare laid out, established, and platted as such, by constituted authority.4.  “All-terrain vehicle” means a motor vehicle designed to travel on three or more wheels and designed primarily for off-road recreational use. “All-terrain vehicle” includes off-road utility vehicles, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.5.  “Ambulance” means a motor vehicle which is equipped with life support systems and used to transport sick and injured persons who require emergency medical care to medical facilities.6.  “Authorized emergency vehicle” means vehicles of the fire department, police vehicles, ambulances, and emergency vehicles owned by the United States, this state, any subdivision of this state, or any municipality of this state, and privately owned vehicles as are designated or authorized by the director of transportation under section 321.451.6A.  “Autocycle” means a three-wheeled motor vehicle originally designed with two front wheels and one rear wheel, a steering wheel rather than handlebars, no more than two permanent seats that do not require the operator or a passenger to straddle or sit astride the vehicle, and foot pedals that control the brakes, acceleration, and clutch, where applicable. A motor vehicle meeting the definition of “autocycle” is an autocycle even if the vehicle bears a vehicle identification number, or is accompanied by a manufacturer’s certificate of origin, that identifies the vehicle as a motorcycle.6B.  “Bona fide business address” means the current street or highway address of a firm, association, or corporation.6C.  “Bona fide residence” or “bona fide address” means the current street or highway address of an individual’s residence. The bona fide residence of a person with more than one dwelling is the dwelling for which the person claims a homestead tax credit under chapter 425, if applicable. The bona fide residence of a homeless person is a primary nighttime residence meeting one of the criteria listed in section 48A.2, subsection 3.7.  “Business district” means the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.7A.  “Business-trade truck” means a model year 2010 or newer motor truck with an unladen weight of ten thousand pounds or less which is owned by a corporation, limited liability company, or partnership or by a person who files a schedule C or schedule F form with the federal internal revenue service and which is eligible for depreciation under §167 of the Internal Revenue Code. If the motor truck is a leased vehicle, the motor truck is a business-trade truck only if the lessee is a corporation, limited liability company, or partnership and the truck is used primarily for purposes of the business operations of the corporation, limited liability company, or partnership or the lessee is a person who files a schedule C or schedule F form with the federal internal revenue service and the truck is used primarily for purposes of the person’s own business or farming operation.8.  “Chauffeur” means a person who operates a motor vehicle, including a school bus, in the transportation of persons for wages, compensation, or hire, or a person who operates a truck tractor, road tractor, or a motor truck which has a gross vehicle weight rating exceeding sixteen thousand pounds.a.  A person is not a chauffeur when the operation of the motor vehicle, other than a truck tractor, by the owner or operator is occasional and merely incidental to the owner’s or operator’s principal business.b.  A person is not a chauffeur when the operation is by a volunteer fire fighter operating fire apparatus, or is by a volunteer ambulance or rescue squad attendant operating ambulance or rescue squad apparatus. If a volunteer fire fighter or ambulance or rescue squad operator receives nominal compensation not based upon the value of the services performed, the fire fighter or operator shall be considered to be receiving no compensation and classified as a volunteer.c.  If authorized to transport inmates, probationers, parolees, or work releasees by the director of the Iowa department of corrections or the director’s designee, an employee of the Iowa department of corrections or a district department of correctional services is not a chauffeur when transporting the inmates, probationers, parolees, or work releasees.d.  A farmer or the farmer’s hired help is not a chauffeur when operating a truck, other than a truck tractor, owned by the farmer and used exclusively in connection with the transportation of the farmer’s own products or property.e.  If authorized to transport patients or clients by the director of the department of human services or the director’s designee, an employee of the department of human services is not a chauffeur when transporting the patients or clients in an automobile.f.  A person is not a chauffeur when the operation is by a home care aide in the course of the home care aide’s duties.g.  If authorized to transport students or clients by the superintendent of the Iowa braille and sight saving school or of the Iowa school for the deaf, or the superintendent’s respective designee, an employee of the Iowa braille and sight saving school or the Iowa school for the deaf is not a chauffeur when transporting the students or clients.h.  If authorized to transport patients or residents of the Iowa veterans home by the commandant or the commandant’s designee, an employee of or volunteer at the Iowa veterans home is not a chauffeur when transporting the patients or residents in an automobile in the course of the employee’s or volunteer’s normal duties.i.  A person operating a motorsports recreational vehicle is not a chauffeur.j.  A transportation network company driver, as defined in section 321N.1, is not a chauffeur.k.  A person operating a taxicab having a seating capacity of less than seven passengers and not operating on a regular route or between specified points is not a chauffeur.9.  “Combination” or “combination of vehicles” shall be construed to mean a group consisting of two or more motor vehicles, or a group consisting of a motor vehicle and one or more trailers, semitrailers or vehicles, which are coupled or fastened together for the purpose of being moved on the highways as a unit.10.a.  “Combined gross weight” means the gross weight of a combination of vehicles.b.  “Gross combination weight rating” means the combined gross vehicle weight ratings for each vehicle in a combination of vehicles. In the absence of a weight specified by the manufacturer for a towed vehicle, the gross vehicle weight rating of the towed vehicle is its gross weight.11.  For purposes of administering and enforcing the commercial driver’s license provisions:a.  “Commercial driver” means the operator of a commercial motor vehicle.b.  “Commercial driver’s license” means commercial driver’s license as defined in 49 C.F.R. §383.5.c.  “Commercial driver’s license information system” means the national information system established to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.d.  “Commercial learner’s permit” means commercial learner’s permit as defined in 49 C.F.R. §383.5.e.  “Commercial motor carrier” means a person responsible for the safe operation of a commercial motor vehicle.f.  “Commercial motor vehicle” means a motor vehicle or combination of vehicles used to transport passengers or property if any of the following apply:(1)  The combination of vehicles has a gross combination weight rating or gross combination weight, whichever is greater, of twenty-six thousand one or more pounds, including a towed vehicle or vehicles having a gross weight rating or gross vehicle weight, whichever is greater, of ten thousand one or more pounds.(2)  The motor vehicle has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of twenty-six thousand one or more pounds.(3)  The motor vehicle is designed to transport sixteen or more persons, including the operator, or is of a size and design to transport sixteen or more persons, including the operator, but is redesigned or modified to transport less than sixteen persons with disabilities.(4)  The motor vehicle is used in the transportation of hazardous material of a type or quantity requiring vehicle placarding.g.  “Employer” means any person, including the United States, a state, the District of Columbia, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns an employee to operate such a vehicle.h.  “Foreign jurisdiction” means a jurisdiction outside the fifty United States and the District of Columbia.i.  “Nonresident commercial driver’s license” means a commercial driver’s license issued to a person domiciled in a foreign jurisdiction meeting the requirements of 49 C.F.R. §383.23(b)(1), or to a person domiciled in another state meeting the requirements of 49 C.F.R. §383.23(b)(2).j.  “Nonresident commercial learner’s permit” means a commercial learner’s permit issued to a person domiciled in a foreign jurisdiction meeting the requirements of 49 C.F.R. §383.23(b)(1), or to a person domiciled in another state meeting the requirements of 49 C.F.R. §383.23(b)(2).k.  “Tank vehicle” means a commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more that is either permanently or temporarily attached to the vehicle or chassis. A commercial motor vehicle transporting an empty storage container tank not designed for transportation with a rated capacity of one thousand gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.12.  “Commercial vehicle” means a vehicle or combination of vehicles designed principally to transport passengers or property of any kind if any of the following apply:a.  The vehicle or any combination of vehicles has a gross weight or combined gross weight of ten thousand one or more pounds.b.  The vehicle or any combination of vehicles has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds.c.  The vehicle is designed to transport sixteen or more persons, including the driver.d.  The vehicle is used in the transportation of hazardous material of a type or quantity requiring vehicle placarding.12A.  “Completed motor vehicle” means a motor vehicle which does not require any additional manufacturing operations to perform its intended function except the addition of readily attachable equipment, components, or minor finishing operations. “Completed motor vehicle” also includes a glider kit vehicle.13.  “Component part” means any part of a vehicle, other than a tire, having a component part number.14.  “Component part number” means the vehicle identification derivative consisting of numerical and alphabetical designations affixed to a component part by the manufacturer or the department or affixed by, or caused to be affixed by, the owner pursuant to rules promulgated by the department as a means of identifying the component part.15.  “Conviction” means a final conviction, including but not limited to a plea of guilty or nolo contendere accepted by the court; a final administrative ruling or determination; or an unvacated forfeiture of bail or collateral deposited to secure a person’s appearance in court.15A.  “Crane” means a machine for raising, shifting, and lowering heavy weights by means of a projecting swinging arm.16.  “Crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.17.  “Dealer” means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered hereunder and who has an established place of business for such purpose in this state. “Dealer” includes those persons required to be licensed as dealers under chapters 322 and 322C.18.  “Demolisher” means any agency or person whose business is to convert a vehicle to junk, processed scrap, or scrap metal, or otherwise to wreck or dismantle vehicles.19.  “Department” means the state department of transportation. “Commission” means the state transportation commission.20.  “Director” means the director of transportation or the director’s designee.20A.  “Driver’s license” means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a temporary restricted or temporary license and an instruction, chauffeur’s instruction, commercial learner’s, or temporary permit. For purposes of license suspension, revocation, bar, disqualification, cancellation, or denial under this chapter and chapters 321A, 321C, and 321J, “driver’s license” includes any privilege to operate a motor vehicle.20B.  “Electric personal assistive mobility device” means a self-balancing, nontandem two-wheeled device powered by an electric propulsion system that averages seven hundred fifty watts and is designed to transport one person, with a maximum speed on a paved level surface of less than twenty miles per hour. The maximum speed shall be calculated based on operation of the device by a person who weighs one hundred seventy pounds when the device is powered solely by the electric propulsion system. For purposes of this chapter, “electric personal assistive mobility device” does not include an assistive device as defined in section 216E.1.21.  “Endorsement” means an authorization to a person’s driver’s license required to permit the person to operate certain types of motor vehicles or to transport certain types or quantities of hazardous materials.22.  “Essential parts” mean all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.23.  “Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the dealer’s or manufacturer’s books and records are kept and a large share of the dealer’s or manufacturer’s business is transacted. If a dealer has designated one established place of business for purposes of keeping all the dealer’s books and records pursuant to section 321.63, “established place of business” also includes any place actually occupied either continuously or at regular periods by the dealer where a large share of the dealer’s business is transacted but not where the dealer’s books and records are kept.24.  “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.24A.  “Fence-line feeder” means a vehicle used exclusively for the mixing and dispensing of nutrients to bovine animals at a feedlot.24B.  “Financial liability coverage” means any of the following:a.  An owner’s policy of liability insurance which is issued by an insurance carrier authorized to do business in Iowa to or for the benefit of the person named in the policy as insured, and insuring the person named as insured and any person using an insured motor vehicle with the express or implied permission of the named insured against loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of an insured motor vehicle within the United States of America or Canada, but subject to minimum limits, exclusive of interest and costs, in the amounts specified in section 321A.21 or specified in another provision of the Code, whichever is greater.b.  A bond filed with the department pursuant to section 321A.24.c.  A certificate of deposit filed with the department as provided in section 321A.25.d.  A valid certificate of self-insurance issued by the department pursuant to section 321A.34.25.  “Fire vehicle” means a motor vehicle which is equipped with pumps, tanks, hoses, nozzles, ladders, generators, or other fire apparatus used to transport fire personnel, fight fires, and respond to emergencies.26.  “Foreign vehicle” means every vehicle of a type required to be registered hereunder brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this state.27.  The linear measure of the plot of ground upon which the building is located abutting upon the highway shall be deemed “frontage occupied by the building”, and the phrase “frontage on such highway for a distance of three hundred feet or more” shall mean the total frontage on both sides of the highway for such distance.28.  “Garage” means every place of business where motor vehicles are received for housing, storage, or repair for compensation.28A.  “Glider kit vehicle” means a commercial motor vehicle, as defined in subsection 11, that is a combination of a new cab and a new frame with an engine, transmission, and drive axle that are not new such that the resulting vehicle is not a newly manufactured vehicle pursuant to 49 C.F.R. §571.7(e).28B.  “Grain cart” means a vehicle with a nonsteerable single or tandem axle designed to move grain.29.a.  “Gross weight” means the empty weight of a vehicle plus the maximum load to be carried by the vehicle. The maximum load to be carried by a passenger-carrying vehicle shall be determined by multiplying one hundred fifty pounds by the number of passenger seats carried by such vehicle.b.  “Unladen weight” means the weight of a vehicle or vehicle combination without load.c.  “Gross vehicle weight rating” means the weight specified by the manufacturer as the loaded weight of a single vehicle.30.  “Guaranteed arrest bond certificate” means any printed, unexpired certificate issued by an automobile club or association to any of its members, or any printed, unexpired certificate issued by an insurance company authorized to write automobile liability insurance within this state, which certificate is signed by such member or insured and contains a printed statement that such automobile club, association, or insurance company and a surety company which is doing business in this state under the provisions of section 515.48, subsection 2, guarantee the appearance of the person whose signature appears on the certificate and that they will, in the event of failure of such person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person in an amount not to exceed one thousand dollars. If such insurance company is itself qualified under the provisions of section 515.48, subsection 2, the insurance company may be its own surety. Bail in this form shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as provided by law.31.  “Hazardous material” means a substance or material which has been determined by the United States secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.32.  “Implement of husbandry” means a vehicle or special mobile equipment manufactured, designed, or reconstructed for agricultural purposes and, except for incidental uses, exclusively used in the conduct of agricultural operations. “Implements of husbandry” includes all-terrain vehicles operated in compliance with section 321.234A, subsection 1, paragraph “a”, fence-line feeders, and vehicles used exclusively for the application of organic or inorganic plant food materials, organic agricultural limestone, or agricultural chemicals. To be considered an implement of husbandry, a self-propelled implement of husbandry must be operated at speeds of thirty-five miles per hour or less. “Reconstructed” as used in this subsection means materially altered from the original construction by the removal, addition, or substitution of essential parts, new or used.A vehicle covered under this subsection, if it otherwise qualifies, may be operated as special mobile equipment and under such circumstances this subsection shall not be applicable to such vehicle, and such vehicle shall not be required to comply with sections 321.384 through 321.423, when such vehicle is moved during daylight hours; however, the provisions of section 321.383 shall remain applicable to such vehicle.33.  “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.34.  “Laned highway” means a highway the roadway of which is divided into three or more clearly marked lanes for vehicular traffic.35.  “Light delivery truck”, “panel delivery truck”, or “pickup” means any motor vehicle designed to carry merchandise or freight of any kind, not to exceed two thousand pounds.36.  “Local authorities” means every county, municipal, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this state.36A.  “Low-speed vehicle” means a motor vehicle manufactured in compliance with the national highway and traffic safety administration standards for low-speed vehicles in 49 C.F.R. §571.500. A low-speed vehicle which is in compliance with the equipment requirements in 49 C.F.R. §571.500 shall be deemed to be in compliance with all equipment requirements of this chapter.36B.  “Manufactured home” is a factory-built structure constructed under authority of 42 U.S.C. §5403, which is required by federal law to display a seal from the United States department of housing and urban development, and was constructed on or after June 15, 1976.36C.a.  “Manufactured or mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons.b.  “Travel trailer” means a vehicle without motive power used, manufactured, or constructed to permit its use as a conveyance upon the public streets and highways and designed to permit its use as a place of human habitation by one or more persons. The vehicle may be up to eight feet six inches in width and its overall length shall not exceed forty-five feet. The vehicle shall be customarily or ordinarily used for vacation or recreational purposes and not used as a place of permanent habitation. If the vehicle is used in this state as a place of human habitation for more than ninety consecutive days in one location it shall be classed as a manufactured or mobile home regardless of the size limitations provided in this paragraph.c.  “Fifth-wheel travel trailer” means a type of travel trailer which is towed by a pickup by a connecting device known as a fifth wheel. However, this type of travel trailer may have an overall length which shall not exceed forty-five feet.d.  “Motor home” means a motor vehicle designed as an integral unit to be used as a conveyance upon the public streets and highways and for use as a temporary or recreational dwelling and having at least four, two of which shall be systems specified in subparagraphs (1), (4), or (5) of this paragraph, of the following permanently installed systems which meet American national standards institute and national fire protection association standards in effect on the date of manufacture:(1)  Cooking facilities.(2)  Ice box or mechanical refrigerator.(3)  Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.(4)  Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.(5)  Heating or air conditioning system or both, separate from the vehicle engine or the vehicle engine electrical system.(6)  A one hundred ten – one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.e.  “Motorsports recreational vehicle” means a modified motor vehicle used for the purpose of participating in motorsports competitions and consisting of a conversion unit mounted on a truck tractor or motor truck chassis such that the motor vehicle can be used as a conveyance on the highway and as a temporary or recreational dwelling. The motor vehicle must have at least four of the permanently installed systems listed in paragraph “d”, two of which shall be systems specified in paragraph “d”, subparagraph (1), (4), or (5).37.  “Manufacturer” means every person engaged in the business of fabricating or assembling vehicles of a type required to be registered. “Manufacturer” does not include a person who converts, modifies, or alters a completed motor vehicle manufactured by another person or a person who assembles a glider kit vehicle. “Manufacturer” includes a person who uses a completed motor vehicle manufactured by another person to construct a class “B” motor home as defined in section 321.124. “Manufacturer” also includes a final-stage manufacturer as defined in section 322.2.38.  “Metal tire” means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.39.  Reserved.40.a.  “Motorcycle” means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scooter but excluding a tractor, an autocycle, and a motorized bicycle.b.  “Motorized bicycle” means a motor vehicle having a saddle or a seat for the use of a rider, designed to travel on not more than three wheels in contact with the ground, and not capable of operating at a speed in excess of thirty-nine miles per hour on level ground unassisted by human power.c.  “Bicycle” means either of the following:(1)  A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power.(2)  A device having two or three wheels with fully operable pedals and an electric motor of less than seven hundred fifty watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than twenty miles per hour.41.  “Motor truck” means every motor vehicle designed primarily for carrying livestock, merchandise, freight of any kind, or over nine persons as passengers.42.a.  “Motor vehicle” means a vehicle which is self-propelled and not operated upon rails.b.  “Used motor vehicle” or “secondhand motor vehicle” or “used car” means a motor vehicle of a type subject to registration under the laws of this state which has been sold “at retail” as defined in chapter 322 and previously registered in this or any other state.c.  “New motor vehicle or new car” means a motor vehicle subject to registration which has not been sold “at retail” as defined in chapter 322.d.  “Car” or “automobile” means a motor vehicle designed primarily for carrying nine passengers or less, excluding motorcycles and motorized bicycles.43.  Reserved.44.  “Multipurpose vehicle” means a motor vehicle designed to carry not more than ten people, and constructed either on a truck chassis or with special features for occasional off-road operation.45.  “Nonresident” means every person who is not a resident of this state.46.  “Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.47.  “Official traffic-control signal” means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.47A.  “Off-road utility vehicle” means a motorized flotation-tire vehicle with not less than four and not more than eight low-pressure tires that is limited in engine displacement to less than one thousand five hundred cubic centimeters and in total dry weight to not more than one thousand eight hundred pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control.48.  “Operator” or “driver” means every person who is in actual physical control of a motor vehicle upon a highway.49.  “Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of a security agreement with an immediate right of possession vested in the debtor, then such debtor shall be deemed the owner for the purpose of this chapter.50.  “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in addition to its meaning in section 801.4.51.  “Pedestrian” means any person afoot.52.  “Person” means every natural person, firm, partnership, association, or corporation. Where the term “person” is used in connection with the registration of a motor vehicle, it shall include any corporation, association, partnership, company, firm, or other aggregation of individuals which owns or controls such motor vehicle as actual owner, or for the purpose of sale or for renting, whether as agent, salesperson, or otherwise.53.  “Pneumatic tire” means every tire in which compressed air is designed to support the load.54.  “Private road” or “driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.54A.  “Product identification number” or the acronym PIN means a group of unique numerical or alphabetical designations assigned to a complete fence-line feeder, grain cart, or tank wagon by the manufacturer or by the department and affixed to the vehicle, pursuant to rules adopted by the department, as a means of identifying the vehicle or the year of manufacture.54B.  “Proof of financial liability coverage card” means either a liability insurance card issued under section 321.20B, a bond insurance card issued under section 321A.24, a security insurance card issued under section 321A.25, or a self-insurance card issued under section 321A.34.55.  “Railroad” means a carrier of persons or property upon cars operated upon stationary rails.56.  “Railroad corporation” means any corporation organized under the laws of this state or any other state for the purpose of operating the railroad within this state.57.  “Railroad sign” or “signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.58.  “Railroad train” means an engine or locomotive with or without cars coupled thereto, operated upon rails.59.  “Reconstructed vehicle” means every vehicle of a type required to be registered under this chapter materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used. “Reconstructed vehicle” does not include a street rod, replica vehicle, or glider kit vehicle.59A.  “Registration fees”, unless otherwise specified, means both the annual vehicle registration fee and the fee for new registration, to the extent applicable, for purposes of administering the provisions of this chapter concerning vehicle registration fees.60.  “Registration year” means the period of twelve consecutive months beginning on the first day of the month following the month of the birth of the owner of the vehicle for vehicles registered by the county treasurer, except that “registration year” means the calendar year for motor trucks and truck tractors which are registered by the county treasurer in two equal semiannual installments pursuant to sections 321.120, 321.121, and 321.122, and “registration year” means the period of twelve consecutive months, as determined by the owner, for motor trucks and truck tractors that are registered by the county treasurer on an annual basis pursuant to sections 321.120, 321.121, and 321.122. For leased vehicles registered by the county treasurer, except for motor trucks and truck tractors registered pursuant to sections 321.120, 321.121, and 321.122, “registration year” means the period of twelve consecutive months beginning on the first day of the month following the month in which the lease expires. For vehicles registered under chapter 326, “registration year” means the twelve-month period determined by the department pursuant to section 326.14.61.  “Replica vehicle” means any completed motor vehicle other than a motorcycle or motorized bicycle with a gross vehicle weight rating of less than ten thousand pounds consisting of a body, frame, and other essential parts, assembled as a reproduction of a vehicle originally manufactured by a generally recognized manufacturer of motor vehicles with the substitution or addition of essential parts to update the vehicle for purposes of safety, performance, or reliability. For purposes of vehicle registration, the model year of a replica vehicle shall be the same as the model year of the motor vehicle that it is designed to resemble.62.  “Rescue vehicle” means a motor vehicle which is equipped with rescue, fire, life support, hazardous material, or emergency management equipment used to assist and rescue persons in emergencies or support emergency personnel in the performance of their duties.63.  “Residence district” means the territory within a city contiguous to and including a highway, not comprising a business, suburban, or school district, where forty percent or more of the frontage on such highway for a distance of three hundred feet or more is occupied by dwellings or by dwellings and buildings in use for business.63A.  “Retractable axle” means an axle designed with the capability of manipulation or adjustment of the weight on the axle.64.  “Right-of-way” means the privilege of the immediate use of the highway.64A.  “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.65.  “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.66.  “Road work zone” means the portion of a highway which is identified by posted or moving signs as the site of construction, maintenance, survey, or utility work. The zone starts upon meeting the first sign identifying the zone and continues until a posted or moving sign indicates that the work zone has ended.67.  “Rural residence district” means an unincorporated area established by a county board of supervisors which is contiguous to and including a secondary highway, not comprising a business district, where forty percent or more of the frontage of the highway for a distance of three hundred feet or more is occupied by dwellings or by dwellings and buildings in use for business. For purposes of this subsection, farm houses and farm buildings are not to be considered.68.  “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.68A.  “Salvage pool” means the business of selling at auction wrecked or salvage vehicles, as defined in section 321.52.69.  “School bus” means every vehicle operated for the transportation of children to or from school, except vehicles which are:a.  Privately owned and not operated for compensation;b.  Used exclusively in the transportation of the children in the immediate family of the driver;c.  Operated by a municipally or privately owned urban transit company or a regional transit system as defined in section 324A.1 for the transportation of children as part of or in addition to their regularly scheduled service; ord.  Designed to carry not more than nine persons as passengers, either school owned or privately owned, which are used to transport pupils to activity events in which the pupils are participants or used to transport pupils to their homes in case of illness or other emergency situations. The vehicles operated under the provisions of this paragraph shall be operated by employees of the school district who are specifically approved by the local superintendent of schools for the assignment.70.  “School district” means the territory contiguous to and including a highway for a distance of two hundred feet in either direction from a schoolhouse in a city.71.  “Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.Wherever the word “trailer” is used in this chapter, same shall be construed to also include “semitrailer”.A “semitrailer” shall be considered in this chapter separately from its power unit.72.  “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.73.  “Solid tire” means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.74.  “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including road construction or maintenance machinery and ditch-digging apparatus. This description does not exclude other vehicles which are within the general terms of this subsection.75.  “Special truck” means a motor truck or truck tractor not used for hire with a gross weight registration of six through thirty-two tons used by a person engaged in farming to transport commodities produced only by the owner, or to transport commodities purchased by the owner for use in the owner’s own farming operation or occasional use for charitable purposes. “Special truck” also means a motor truck or truck tractor not used for hire with a gross weight registration of six through thirty-two tons used by a person engaged in farming who assists another person engaged in farming through an exchange of services. A “special truck” does not include a truck tractor operated more than fifteen thousand miles annually.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” does not include a street rod, replica vehicle, or glider kit vehicle.77.  “Stinger-steered automobile transporter” means any vehicle combination designed and used specifically for the transport of assembled highway vehicles, recreational vehicles, or boats in which the fifth wheel is located on a drop frame located below and behind the rearmost axle of the power unit.78.  “Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.78A.  “Street rod” means any car or motor truck with a gross vehicle weight rating of less than ten thousand pounds required to be registered under this chapter, manufactured by a generally recognized manufacturer of motor vehicles prior to the year 1949, which may contain a body or frame not manufactured by the original manufacturer, or any motor vehicle designed and manufactured to resemble a motor vehicle manufactured prior to the year 1949. For purposes of vehicle registration, the model year of a street rod shall be the same as the model year of the motor vehicle that it is designed to resemble.79.  “Suburban district” means all other parts of a city not included in the business, school, or residence districts.80.  “Tandem axle” means any two or more consecutive axles whose centers are more than forty inches but not more than ninety-six inches apart.80A.  “Tank wagon” means a vehicle designed to carry liquid animal or human excrement.81.  “Through (or thru) highway” means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter or such entrances are controlled by a peace officer or traffic-control signal. The term “arterial” is synonymous with “through” or “thru” when applied to highways of this state.82.  “Tourist attraction” means a business, activity, service, or site where a major portion of the product or service provided is tourist oriented.83.  “Tourist-oriented directional sign” means a sign providing identification and directional information for a tourist attraction.83A.  “Towing or recovery vehicle” means a motor vehicle equipped with booms, winches, slings, or wheel lifts used to tow, recover, or transport other motor vehicles.83B.  “Tracked implement of husbandry” means a fence-line feeder, grain cart, or tank wagon that is mounted on a chassis attached to a pair of tracks that transfer the weight of the implement to the ground or the roadway surface.84.  “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.85.  “Trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.86.  Reserved.87.  “Transporter” means a person engaged in the business of delivering vehicles of a type required to be registered or titled in this state who has received authority to make delivery as specified by rules adopted by the department.88.  “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. However, a truck tractor may have a box, deck, or plate for carrying freight, mounted on the frame behind the cab, and forward of the fifth-wheel connection point.89.  “Used vehicle parts dealer” means a person engaged in, or advertising as being engaged in, the business of selling bodies, parts of bodies, frames, or component parts of used vehicles subject to registration under this chapter.89A.  “Utility maintenance vehicle” means a motor vehicle operated by an employee or contractor of an entity, including but not limited to the state, a political subdivision of the state, or any commission, department, or agency thereof, an electric cooperative association, or a public or private corporation, in connection with the provision of utility services.89B.  “Utility services” means cable, electric, natural gas, telephone, telecommunication, water, and wastewater treatment services and includes but is not limited to the improvement, installation, maintenance, relocation, or repair of cables, fibers, pipes, utility poles, utility structures, wires, and associated right-of-way and other infrastructure associated with such services.90.  “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. “Vehicle” does not include:a.  Any device moved by human power.b.  Any device used exclusively upon stationary rails or tracks.c.  Any integral part of a truck tractor or road tractor which is mounted on the frame of the truck tractor or road tractor immediately behind the cab and which may be used to transport persons and property but which cannot be drawn upon the highway by the truck tractor or another motor vehicle.d.  Any steering axle, dolly, auxiliary axle, or other integral part of another vehicle which in and of itself is incapable of commercially transporting any person or property but is used primarily to support another vehicle.91.  “Vehicle identification number” or the initials VIN mean the numerical and alphabetical designations affixed to a vehicle or a component part of a vehicle by the manufacturer or the department or affixed by, or caused to be affixed by, the owner pursuant to rules promulgated by the department as a means of identifying the vehicle.92.  “Vehicle rebuilder” means a person engaged in, or advertising as being engaged in, the business of rebuilding or restoring to operating condition vehicles subject to registration under this chapter, which have been damaged or wrecked.93.  “Vehicle salvager” means a person engaged in, or advertising as being engaged in, the business of scrapping vehicles, dismantling or storing wrecked or damaged vehicles or selling reusable parts of vehicles or storing vehicles not currently registered which vehicles are subject to registration under this chapter.94.  “Where a vehicle is kept” shall refer to the county of residence of the owner or to the county where the vehicle is mainly kept if said owner is a nonresident of the state.[S13, §1571-m1, -m20; C24, 27, §4863, 5030, 13012; C31, 35, §4863, 4960-d1, 5030, 13012; C39, §5000.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.1; 1981 Acts, ch 101, §1; 1981 Acts, ch 2, §5; 1982 Acts, ch 1056, §1, 1982 Acts, ch 1122, §1, 1982 Acts, ch 1254, §1]82 Acts, ch 1062, §1, 2, 38, 83 Acts, ch 9, §3, 8, 83 Acts, ch 24, §1, 12, 84 Acts, ch 1219, §21, 84 Acts, ch 1252, §1, 84 Acts, ch 1292, §2, 85 Acts, ch 21, §41, 85 Acts, ch 35, §1, 2, 85 Acts, ch 37, §1, 85 Acts, ch 40, §1, 86 Acts, ch 1056, §1, 86 Acts, ch 1071, §1, 86 Acts, ch 1210, §1, 2, 86 Acts, ch 1237, §19, 86 Acts, ch 1238, §13, 87 Acts, ch 170, §2 – 4, 87 Acts, ch 186, §1, 2, 87 Acts, ch 189, §1, 88 Acts, ch 1047, §1, 88 Acts, ch 1083, §1, 2, 89 Acts, ch 34, §1, 89 Acts, ch 83, §40, 41, 89 Acts, ch 118, §1, 90 Acts, ch 1183, §3, 90 Acts, ch 1230, §6 – 14, 91 Acts, ch 56, §1, 91 Acts, ch 219, §14, 92 Acts, ch 1048, §1, 92 Acts, ch 1104, §1, 92 Acts, ch 1175, §19, 28, 93 Acts, ch 114, §1, 93 Acts, ch 139, §7, 94 Acts, ch 1087, §1, 95 Acts, ch 10, §1, 95 Acts, ch 55, §1, 2, 95 Acts, ch 56, §1, 95 Acts, ch 118, §1, 2, 96 Acts, ch 1005, §1, 96 Acts, ch 1129, §113, 97 Acts, ch 100, §1, 97 Acts, ch 104, §5, 97 Acts, ch 108, §1, 2, 97 Acts, ch 139, §1, 17, 18, 97 Acts, ch 148, §7, 9, 98 Acts, ch 1073, §1 – 4, 98 Acts, ch 1075, §20, 98 Acts, ch 1121, §8, 99 Acts, ch 13, §1 – 3, 29, 99 Acts, ch 108, §1 – 3, 99 Acts, ch 188, §1, 2000 Acts, ch 1005, §1, 2000 Acts, ch 1016, §1, 2000 Acts, ch 1025, §1, 6, 2000 Acts, ch 1133, §1, 2001 Acts, ch 32, §15, 2001 Acts, ch 132, §1, 2001 Acts, ch 153, §15, 17, 2001 Acts, ch 176, §80, 2002 Acts, ch 1063, §17, 18, 2003 Acts, ch 6, §1, 2003 Acts, ch 24, §2, 2004 Acts, ch 1013, §1, 35, 2004 Acts, ch 1132, §80, 2004 Acts, ch 1175, §397, 400, 2005 Acts, ch 8, §2, 3, 2005 Acts, ch 20, §4, 2006 Acts, ch 1068, §6, 7, 41, 2008 Acts, ch 1018, §1 – 3, 2008 Acts, ch 1021, §1 – 4, 2008 Acts, ch 1032, §106, 2008 Acts, ch 1044, §1 – 4, 8, 2008 Acts, ch 1113, §2, 11, 38, 2009 Acts, ch 90, §1, 2009 Acts, ch 130, §20, 2010 Acts, ch 1035, §1, 2010 Acts, ch 1061, §111, 2010 Acts, ch 1186, §3, 2011 Acts, ch 38, §2, 2012 Acts, ch 1013, §1, 2, 2012 Acts, ch 1093, §1, 2013 Acts, ch 37, §1, 2013 Acts, ch 103, §2 – 4, 21, 2014 Acts, ch 1023, §1, 2014 Acts, ch 1027, §1, 2014 Acts, ch 1127, §4, 5, 2015 Acts, ch 29, §114, 2015 Acts, ch 72, §1, 4, 2015 Acts, ch 123, §31, 44, 2016 Acts, ch 1073, §101, 2016 Acts, ch 1098, §1, 2, 2016 Acts, ch 1101, §1, 24, 2017 Acts, ch 84, §1, 2018 Acts, ch 1010, §1, 2018 Acts, ch 1022, §1, 2018 Acts, ch 1095, §1Referred to in 123.48, 142D.2, 159A.11, 321.20B, 321.24, 321.56, 321.105A, 321.121, 321.126, 321.235A, 321.260, 321.285, 321.471, 321.474, 321.486, 321A.1, 321A.32, 321E.7, 321E.14, 321E.34, 321G.9, 321G.20, 321G.24, 321I.7, 321I.21, 321J.6, 321J.8, 321N.3, 322.2, 322.3, 322.4, 322.27A, 322.35, 322D.1, 325A.2, 326.2, 327F.39, 423.1, 423.6, 423B.2, 452A.74A, 452A.76, 453A.4, 455B.301, 462A.34A, 476.27, 481A.54, 522A.2, 537.3604, 537B.2, 537B.4, 669.14, 670.4, 707.6A, 713.6A, 713.6B, 714.2, 714.8, 805.8A, 805.9, 805.16, 811.9
Subsections 23, 37, and 62 amended
321.1APresumption of residency.1.  For purposes of this chapter there is a rebuttable presumption that a natural person is a resident of this state if any of the following elements exist:a.  The person has filed for a homestead tax exemption on property in this state.b.  The person is a veteran who has filed for a military tax exemption on property in this state.c.  The person is registered to vote in this state.d.  The person enrolls the person’s child to be educated in a public elementary or secondary school in this state.e.  The person is receiving public assistance from this state.f.  The person resides or has continuously remained in this state for a period exceeding thirty days except for infrequent or brief absences.g.  The person has accepted employment or engages in any trade, profession, or occupation within this state, except as provided in section 321.55.2.a.  For purposes of issuing commercial learner’s permits and commercial driver’s licenses under this chapter, there is a rebuttable presumption that a natural person is a resident of this state if all of the following conditions exist:(1)  The person is enrolled in a commercial driver’s license training program administered by an Iowa-based motor carrier, or its subsidiary, designated by the department as a third-party tester pursuant to section 321.187.(2)  The person is in the process of applying for a commercial learner’s permit for the purpose of completing the training program.(3)  The person is residing in this state for the duration of the training program.b.  This subsection shall not apply if such application results in noncompliance with 49 C.F.R. pt.384.3.  “Resident” does not include either of the following: a.  A person who is attending a college or university in this state, if the person has a domicile in another state and has a valid driver’s license issued by the state of domicile. b.  Members of the armed forces who are stationed in Iowa, provided that their vehicles are properly registered in their state of residency.4.  A corporation, association, partnership, company, firm, or other aggregation of individuals whose principal place of business is located within this state is a resident of this state.83 Acts, ch 125, §1, 90 Acts, ch 1230, §15, 98 Acts, ch 1073, §9, 2010 Acts, ch 1069, §88, 2015 Acts, ch 123, §45Referred to in 321.182321.2Administration and enforcement.1.  Except as otherwise provided by law, the state department of transportation shall administer and enforce the provisions of this chapter.2.  The division of state patrol of the department of public safety shall enforce the provisions of this chapter relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks and buses, and to see that proper safety rules are observed.3.  The state department of transportation and the department of public safety shall cooperate to insure the proper and adequate enforcement of the provisions of this chapter.4.  The director of revenue shall administer and enforce the collection of the fee for new registration as provided in section 321.105A.[C24, 27, 31, 35, §4863; C39, §5000.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.2]1998 Acts, ch 1074, §20; 2005 Acts, ch 35, §31; 2008 Acts, ch 1113, §39321.3Powers and duties of director.The director is hereby vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of this chapter.[C39, §5000.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.3]321.4Rules.The commissioner of public safety is authorized to adopt and promulgate administrative rules governing procedures as may be necessary to carry out the provisions of this chapter; and to carry out any other laws the enforcement of which is vested in the department of public safety.[C24, 27, 31, 35, §5004; C39, §5000.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.4]321.5Duty to obey.All local officials charged with the administration and enforcement of this chapter shall be governed in their official acts by the rules promulgated by the department.[C24, 27, 31, 35, §5005; C39, §5000.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.5]Referred to in 331.653321.6Reciprocal enforcement — patrol beats.There shall be reciprocal cooperation between the members of the department, the state department of public safety and local authorities in the enforcing of local and state traffic laws and in making inspections, although this section shall not be construed to give the state department of public safety any right to establish regular patrol beats inside municipal limits unless requested for a special occasion or emergency by the mayor of such city or the sheriff of the county.[C24, 27, 31, 35, §5017; C39, §5000.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.6]2012 Acts, ch 1023, §157Referred to in 331.653321.7Seal of department.The department may adopt an official seal.[C39, §5000.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.7]321.8Director to prescribe forms.The director shall prescribe and provide suitable forms of applications, registration cards, certificates of title and all other forms requisite or deemed necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the department except manufacturer’s or importer’s certificates. Manufacturer’s and importer’s certificates shall be provided by the manufacturer or importer and be in the form prescribed by the department.[C39, §5000.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.8]1983 Acts, ch 41, §1321.9Authority to administer oaths and acknowledge signatures.Officers and employees of the department designated by the director, county officials authorized under this chapter to issue motor vehicle registrations and titles, and county officials authorized under chapter 321M to issue driver’s licenses are authorized, for the purpose of administering the motor vehicle laws, to administer oaths and acknowledge signatures, and shall do so without fee.[C39, §5000.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.9]2005 Acts, ch 8, §4321.10Certified copies of records.1.  The director and officers of the department designated by the director are authorized to prepare under the seal of the department and provide upon request a certified copy of any record of the department, charging a fee of fifty cents for each document so authenticated, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original and shall be considered to be true and accurate unless shown otherwise by an objecting party. The seal of the department may be applied electronically on certified copies of records.2.  Any records or certified copies of records prepared pursuant to this section and any certified abstract, or a copy of a certified abstract, of the operating record of a driver or a motor vehicle owner prepared pursuant to this chapter, chapter 321A, or chapter 321J shall be received in evidence if determined to be relevant, in any court, preliminary hearing, grand jury proceeding, civil proceeding, administrative hearing, or forfeiture proceeding in the same manner and with the same force and effect as if the director or the director’s designee had testified in person.[C39, §5000.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.10]1998 Acts, ch 1075, §21; 2006 Acts, ch 1010, §87; 2008 Acts, ch 1018, §4Referred to in 321.11321.11Records of department.1.  All records of the department, other than those made confidential or not permitted to be open in accordance with 18 U.S.C. §2721 et seq., adopted as of a specific date by rule of the department, shall be open to public inspection during office hours.2.  Notwithstanding subsection 1, personal information shall not be disclosed to a requester, except as provided in 18 U.S.C. §2721, unless the person whose personal information is requested has provided express written consent allowing disclosure of the person’s personal information. As used in this section, “personal information” means information that identifies a person, including a person’s photograph, social security number, driver’s license number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver’s status or a person’s zip code.3.  Notwithstanding other provisions of this section to the contrary, the department shall not release personal information to a person, other than to an officer or employee of a law enforcement agency, an employee of a federal or state agency or political subdivision in the performance of the employee’s official duties, a contract employee of the department of inspections and appeals in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either, if the information is requested by the presentation of a registration plate number. In addition, an officer or employee of a law enforcement agency may release the name, address, and telephone number of a motor vehicle registrant to a person requesting the information by the presentation of a registration plate number if the officer or employee of the law enforcement agency believes that the release of the information is necessary in the performance of the officer’s or employee’s duties.4.  The department shall not release personal information that is in the form of a person’s photograph or digital image or a digital reproduction of a person’s photograph to a person other than an officer or employee of a law enforcement agency, an employee of a federal or state agency or political subdivision in the performance of the employee’s official duties, a contract employee of the department of inspections and appeals in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either, regardless of whether a person has provided express written consent to disclosure of the information. The department may collect reasonable fees for copies of records or other services provided pursuant to this section or section 22.3, 321.10, or 622.46.[C39, §5000.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.11]1996 Acts, ch 1102, §1,3; 1997 Acts, ch 108, §3; 1998 Acts, ch 1035, §1; 1999 Acts, ch 198, §4; 2000 Acts, ch 1133, §2,18; 2001 Acts, ch 90, §1Referred to in 321.11A, 321.183, 321A.3321.11APersonal information disclosure — exception.1.  Notwithstanding section 321.11, the department, upon request, shall provide personal information that identifies a person by the social security number of the person to the following:a.  The department of revenue for the purpose of collecting debt.b.  The judicial branch for the purpose of collecting court debt pursuant to section 602.8107.c.  The department of administrative services for the purpose of administering the setoff program pursuant to section 8A.504.2.  The social security number obtained by the department of revenue or the judicial branch shall retain its confidentiality and shall only be used for the purposes provided in this section.2008 Acts, ch 1172, §17321.12Destruction of records.1.  The director may destroy any records of the department which have been maintained on file for three years and which the director deems obsolete and of no further service in carrying out the powers and duties of the department, except as otherwise provided in this section.2.  Operating records relating to a person who has been issued a commercial driver’s license or commercial learner’s permit shall be maintained on file in accordance with rules adopted by the department.3.  The following records may be destroyed according to the following requirements:a.  Records concerning suspensions authorized under section 321.210, subsection 1, paragraph “a”, subparagraph (7), and section 321.210A may be destroyed six months after the suspension is terminated and the requirements of section 321.191 have been satisfied.b.  Records concerning suspensions and surrender of licenses or registrations required under section 321A.31 for failing to maintain proof of financial responsibility, as defined in section 321A.1, may be destroyed six months after the requirements of sections 321.191 and 321A.29 have been satisfied.4.  The director shall not destroy any operating records pertaining to arrests or convictions for operating while intoxicated, in violation of section 321J.2 or operating records pertaining to revocations for violations of section 321J.2A, except that a conviction or revocation under section 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt.383 shall be deleted from the operating records twelve years after the date of conviction or the effective date of revocation. Convictions or revocations that are retained in the operating records for more than twelve years under this subsection shall be considered only for purposes of disqualification actions under 49 C.F.R. pt.383.[C39, §5000.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.12]90 Acts, ch 1230, §16, 94 Acts, ch 1164, §1, 2, 95 Acts, ch 48, §2, 95 Acts, ch 55, §3, 97 Acts, ch 177, §1, 98 Acts, ch 1138, §1, 37, 2005 Acts, ch 8, §5, 2010 Acts, ch 1061, §169, 2014 Acts, ch 1092, §176, 2015 Acts, ch 123, §46, 2016 Acts, ch 1073, §102Referred to in 321J.2321.13Authority to grant or refuse applications.The department shall examine and determine the genuineness, regularity, and legality of every application made to the department, and may investigate or require additional information. The department may reject any application if not satisfied of the genuineness, regularity, or legality of the application or the truth of any statement made within the application, or for any other reason, when authorized by law. The department may retain possession of any record or document until the investigation of the application is completed if it appears that the record or document is fictitious or unlawfully or erroneously issued and shall not return the record or document if it is determined to be fictitious or unlawfully or erroneously issued.[C39, §5000.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.13]1995 Acts, ch 118, §3321.14Seizure of documents and plates.The department is hereby authorized to take possession of any registration card, certificate of title, permit, or registration plate, certificate of inspection or any inspection document or form, upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued.[C39, §5000.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.14]321.15Publication of law.The department shall issue, in pamphlet or electronic form, such parts of this chapter together with such rules, instructions, and explanatory matter as may seem advisable. Such information shall be distributed as determined by the department and shall be furnished to each county treasurer.[C24, 27, 31, 35, §5018; C39, §5000.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.15]2004 Acts, ch 1013, §2,35Referred to in 321J.1A321.16Giving of notices.1.  When the department is authorized or required to give notice under this chapter or any other law regulating the operation of vehicles, unless a different method of giving notice is expressly prescribed, notice shall be given either by personal delivery to the person to be so notified or by personal service in the manner of original notice by rule of civil procedure 1.305(1), or by first class mail addressed to the person at the address shown in the records of the department, notwithstanding chapter 17A. The department shall adopt rules regarding the giving of notice by first class mail, the updating of addresses in department records, and the development of affidavits verifying the mailing of notices under this chapter and chapter 321J. A person’s refusal to accept or a claim of failure to receive a notice of revocation, suspension, or bar mailed by first class mail to the person’s last known address shall not be a defense to a charge of driving while suspended, revoked, denied, or barred.2.  Proof of the giving of notice by personal service may be made by the certificate of any officer or employee of the department or affidavit of any person over eighteen years of age, naming the person to whom such notice was given and specifying the time, place, and manner of the giving thereof.3.  If a peace officer serves notice of immediate suspension or revocation of a driver’s license as provided in this chapter or any other chapter, the peace officer may destroy the license or send the license to the department.[C39, §5000.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.16]1985 Acts, ch 121, §1; 2001 Acts, ch 32, §41; 2007 Acts, ch 143, §7Referred to in 321.211A, 321.556REGISTRATION, CERTIFICATE OF TITLE,AND PROOF OF SECURITY AGAINSTFINANCIAL LIABILITY321.17Misdemeanor to violate registration provisions.It is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2, for any person to drive or move or for an owner knowingly to permit to be driven or moved upon the highway a vehicle of a type required to be registered under this chapter which is not registered, or for which the appropriate fees have not been paid, except as provided in section 321.109, subsection 3.[C24, 27, 31, 35, §5085; C39, §5001.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.17]96 Acts, ch 1152, §1, 2001 Acts, ch 176, §49, 59, 2008 Acts, ch 1113, §48, 2010 Acts, ch 1190, §32Referred to in 331.557, 805.8A321.18Vehicles subject to registration — exception.Every motor vehicle, trailer, and semitrailer when driven or moved upon a highway shall be subject to the registration provisions of this chapter except:1.  Any such vehicle driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, or nonresidents as contemplated by section 321.53 and chapter 326, or under a temporary registration permit issued by the department as hereinafter authorized.2.  Any such vehicle which is driven or moved upon a highway only for the purpose of crossing such highway from one property to another.3.  Any implement of husbandry.4.  Any special mobile equipment as herein defined.5.  Any vehicle which is used exclusively for interplant purposes, in the operation of an industrial or manufacturing plant, consisting of a single unit comprising a group of buildings separated by streets, alleys, or railroad tracks, and which vehicle is used solely to transport materials from one part of the plant to another or from an adjacent railroad track to the plant and in so doing incidentally using said streets or alleys for not more than one thousand feet.6.  Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.7.  Any school bus in this state used exclusively for the transportation of pupils to and from school or a school function or for the purposes provided in section 285.1, subsection 1, and section 285.10, subsection 9, or used exclusively for the transportation of children enrolled in a federal head start program. Upon application the department shall, without charge, issue a registration certificate and registration plates. The plates shall be attached to the front and rear of each bus exempt from registration under this subsection.8.  Any mobile home or manufactured home and any temporary undercarriage used solely for transporting manufactured homes, modular homes, or other portable buildings used or intended to be used for human occupancy.9.  Any trailer that is used exclusively for the transportation, display, and distribution of flags honoring deceased veterans in parades or ceremonies held on Memorial Day, Veterans Day, or other patriotic occasions as authorized by resolution of the local government of the community where the parade or ceremony takes place. A trailer exempt from registration under this subsection shall only be used on city streets or secondary roads on the day of a parade or ceremony specified in the local government’s resolution, and a copy of the resolution shall be carried at all times in the vehicle pulling the trailer.[C24, 27, 31, 35, §4864; C39, §5001.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.18; 1982 Acts, ch 1251, §4]95 Acts, ch 118, §4, 99 Acts, ch 188, §2, 2001 Acts, ch 153, §17, 2006 Acts, ch 1068, §8, 2007 Acts, ch 131, §1, 6, 2009 Acts, ch 130, §21, 2010 Acts, ch 1193, §122, 2012 Acts, ch 1021, §65, 142Referred to in 321.20B, 331.557, 423.1, 423B.2, 452A.17321.18ARecords of implements of husbandry.A person selling at retail new implements of husbandry with a retail list price in excess of five thousand dollars upon which the manufacturer has affixed a vehicle identification number, shall maintain for ten years a record of the number, the name and address of the purchaser, and the date of sale.1991 Acts, ch 97, §43Referred to in 331.557321.19Exemptions distinguishing plates definitions of urban transit company and regional transit system.1.a.  The following vehicles are exempted from the payment of the registration fees imposed by this chapter, except as provided for urban transit companies in subsection 2, but are not exempt from the penalties provided in this chapter:(1)  All vehicles owned or leased for a period of sixty days or more by the government and used in the transaction of official business by the representatives of foreign governments or by officers, boards, or departments of the government of the United States, and by the state, counties, municipalities and other political subdivisions of the state including vehicles used by an urban transit company operated by a municipality or a regional transit system, and self-propelling vehicles used neither for the conveyance of persons for hire, pleasure, or business nor for the transportation of freight other than those used by an urban transit company operated by a municipality or a regional transit system.(2)  All fire trucks, providing they are not owned and operated for a pecuniary profit.(3)  Authorized emergency vehicles used only in disaster relief owned and operated by an organization not operated for pecuniary profit.b.(1)  The department shall furnish, on application, free of charge, distinguishing plates for vehicles thus exempted, which plates except plates on state patrol vehicles shall bear the word “official” and the department shall keep a separate record.(2)  Registration plates issued for state patrol vehicles, except unmarked patrol vehicles, shall bear two red stars on a yellow background, one before and one following the registration number on the plate, which registration number shall be the officer’s badge number.(3)  Registration plates issued for county sheriff’s patrol vehicles shall display one seven-pointed gold star followed by the letter “S” and the call number of the vehicle. c.  However, the director of the department of administrative services or the director of transportation may order the issuance of regular registration plates for any exempted vehicle used by any of the following:(1)  Peace officers or federal law enforcement officers in the enforcement of the law.(2)  Persons enforcing chapter 124 and other laws relating to controlled substances.(3)  Persons in the department of justice, the alcoholic beverages division of the department of commerce, disease investigators of the Iowa department of public health, the department of inspections and appeals, and the department of revenue, who are regularly assigned to conduct investigations which cannot reasonably be conducted with a vehicle displaying “official” state registration plates.(4)  Persons who are federal agents or officers regularly assigned to conduct investigations which cannot reasonably be conducted with a vehicle displaying “official” registration plates.(5)  Persons in the Iowa lottery authority whose regularly assigned duties relating to security or the carrying of lottery tickets cannot reasonably be conducted with a vehicle displaying “official” registration plates.(6)  Persons in the economic development authority who are regularly assigned duties relating to existing industry expansion or business attraction, and mental health professionals or health care professionals who provide off-site or in-home medical or mental health services to clients of publicly funded programs.d.  For purposes of sale of exempted vehicles, the exempted governmental body, upon the sale of the exempted vehicle, may issue for in-transit purposes a pasteboard card bearing the words “Vehicle in Transit”, the name of the official body from which the vehicle was purchased, together with the date of the purchase plainly marked in at least one-inch letters, and other information required by the department. The in-transit card is valid for use only within forty-eight hours after the purchase date as indicated on the bill of sale which shall be carried by the driver.2.a.  “Urban transit company” means any person, firm, corporation, company, or municipality which operates buses or trolley cars or both, primarily upon the streets of cities over well-defined routes between certain termini, for the transportation of passengers for a uniform fare, and which accepts for passengers all who present themselves for transportation without discrimination up to the limit of the capacity of each vehicle. Included are street railways, plants, equipment, property, and rights, used and useful in the transportation of passengers. Motor carriers and interurbans subject to the jurisdiction of the state department of transportation, and taxicabs, are not included.b.  The department, in accordance with subsection 1, shall furnish distinguishing plates for vehicles used by urban transit companies operated by a municipality. No other provision of law providing for the payment of taxes, registration, or license fees for vehicles shall be applicable to any bus, car, or vehicle for the transportation of passengers owned and operated by any urban transit company.c.  Chapter 326 is not applicable to urban transit companies or systems.3.a.  “Regional transit system” means a public transit system serving one county or all or part of a multicounty area whose boundaries correspond to the same boundaries as those of the regional planning areas designated by the governor, except as agreed upon by the department. Privately chartered bus services and uses other than providing services that are open and public on a shared ride basis shall not be construed to be a regional transit system.b.  Each county board of supervisors within the region is responsible for determining the service and funding within its county. However, the administration and overhead support services for the overall regional transit system shall be consolidated into one existing or new agency to be mutually agreed upon by the participating members. [C24, 27, 31, 35, §4867, 4922; C39, §5001.03; C46, 50, 54, 58, 62, §321.19; C66, 71, 73, §321.19, 386C.1 – 386C.3; C75, 77, 79, 81, §321.19]83 Acts, ch 40, §1, 84 Acts, ch 1253, §1 – 3, 85 Acts, ch 67, §34, 85 Acts, ch 115, §2, 86 Acts, ch 1042, §10, 92 Acts, ch 1244, §41, 95 Acts, ch 118, §5, 96 Acts, ch 1034, §19, 96 Acts, ch 1066, §1, 96 Acts, ch 1211, §33, 97 Acts, ch 104, §6, 97 Acts, ch 158, §1, 98 Acts, ch 1028, §1, 98 Acts, ch 1074, §21, 99 Acts, ch 141, §37, 2003 Acts, ch 145, §244, 2003 Acts, ch 178, §109, 121, 2003 Acts, ch 179, §142, 2005 Acts, ch 35, §31, 2006 Acts, ch 1022, §1, 2008 Acts, ch 1113, §49, 2011 Acts, ch 118, §85, 89, 2015 Acts, ch 30, §97, 2015 Acts, ch 123, §32Referred to in 8A.362, 321.39, 321.166, 331.557, 721.8
See also §8A.362, 321.22, 321.170
321.20Application for registration and certificate of title.1.  Except as provided in this chapter, an owner of a vehicle subject to registration shall make application to the county treasurer of the county of the owner’s residence, or if a nonresident, to the county treasurer of the county where the primary users of the vehicle are located, or if a lessor of the vehicle pursuant to chapter 321F which vehicle has a gross vehicle weight of less than ten thousand pounds, to the county treasurer of the county of the lessee’s residence, or if a firm, association, or corporation with vehicles in multiple counties, the owner may make application to the county treasurer of the county where the primary user of the vehicle is located, for the registration and issuance of a certificate of title for the vehicle upon the appropriate form furnished by the department. However, upon the transfer of ownership, the owner of a vehicle subject to the apportioned registration provisions of chapter 326 shall make application for issuance of a certificate of title to either the department or the appropriate county treasurer. The application shall be accompanied by a fee of twenty dollars, and shall bear the owner’s signature. A nonresident owner of two or more vehicles subject to registration may make application for registration and issuance of a certificate of title for all vehicles subject to registration to the county treasurer of the county where the primary user of any of the vehicles is located. The owner of a mobile home or manufactured home shall make application for a certificate of title under this section from the county treasurer of the county where the mobile home or manufactured home is located. The application shall contain:a.  The full legal name; social security number or Iowa driver’s license number or Iowa nonoperator’s identification card number; date of birth; bona fide residence; and mailing address of the owner and of the lessee if the vehicle is being leased. If the owner or lessee is a firm, association, or corporation, the application shall contain the bona fide business address and federal employer identification number of the owner or lessee. Up to three owners’ names may be listed on the application. If the vehicle is a leased vehicle, the application shall state whether the notice of registration renewal shall be sent to the lessor or to the lessee and whether the lessor or the lessee shall receive the refund of the annual registration fee, if any. Information relating to the lessee of a vehicle shall not be required on an application for registration and a certificate of title for a vehicle with a gross vehicle weight rating of ten thousand pounds or more.b.  A description of the vehicle including, insofar as the specified data may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the type of motor fuel used, the vehicle identification number or other assigned number, and whether new or used and, if a new vehicle, the date of sale by the manufacturer or dealer to the person intending to operate the vehicle. If the vehicle is a new low-speed vehicle, the manufacturer’s or importer’s certificate required to accompany the application under paragraph “d” shall certify that the vehicle was manufactured in compliance with the national highway traffic safety administration standards for low-speed vehicles in 49 C.F.R.§571.500.c.  Such further information as may reasonably be required by the department.d.  A statement of the applicant’s title and of all liens or encumbrances upon the vehicle and the names and mailing addresses of all persons having any interest in the vehicle and the nature of every such interest. When the application refers to a new vehicle, it shall be accompanied by a manufacturer’s or importer’s certificate duly assigned as provided in section 321.45.e.  The amount of the fee for new registration to be paid under section 321.105A, the amount of tax to be paid under section 423.26, subsection 1, or the amount of tax to be paid under section 423.26A.f.  If the vehicle is owned by a nonresident but is subject to issuance of an Iowa certificate of title or registration, the application shall also contain the full legal name, Iowa driver’s license number or Iowa nonoperator’s identification card number, date of birth, bona fide residence, and mailing address of the primary user of the vehicle. If the primary user is a firm, association, or corporation, the application shall contain the bona fide business address and federal employer identification number of the primary user. The primary user’s name and address shall not be printed on the registration receipt or the certificate of title.2.  Notwithstanding contrary provisions of this chapter or chapter 326 regarding titling and registration by means other than electronic means, the department shall, by July 1, 2019, develop and implement a program to allow for electronic applications, titling, registering, and funds transfers for vehicles subject to registration in order to improve the efficiency and timeliness of the processes and to reduce costs for all parties involved. The program shall also provide for the electronic submission of any statement required by this section, except where prohibited by federal law.3.  The department shall adopt rules on the method for providing signatures for applications and statements required by this section that are made by electronic means.4.  Notwithstanding this section or any other provision of law to the contrary, if the program required by subsection 2 is not implemented by July 1, 2019, an owner of a vehicle subject to registration may apply to the county treasurer of a county contiguous to the county designated for the owner under subsection 1 for registration and issuance of a certificate of title.[S13, SS15, §1571-m2; C24, 27, 31, 35, §4869, 5008, 5009; C39, §5001.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.20; 1982 Acts, ch 1251, §5]84 Acts, ch 1305, §47, 87 Acts, ch 46, §1, 87 Acts, ch 108, §1, 95 Acts, ch 194, §1, 12, 97 Acts, ch 104, §7, 98 Acts, ch 1073, §9, 99 Acts, ch 8, §1, 99 Acts, ch 188, §3, 2000 Acts, ch 1005, §2, 2000 Acts, ch 1016, §39 – 41, 47, 2000 Acts, ch 1134, §1, 2001 Acts, ch 153, §17, Acts, ch , §, 2004 Acts, ch 1013, §3, 35, 2005 Acts, ch 34, §3, 26, 2006 Acts, ch 1068, §9, 2006 Acts, ch 1070, §2, 2008 Acts, ch 1018, §5, 2008 Acts, ch 1113, §13, 21, 50, 51, 2010 Acts, ch 1108, §3, 15, 2012 Acts, ch 1093, §2, 2016 Acts, ch 1083, §1, 2, 2018 Acts, ch 1095, §2Referred to in 312.2, 321.29, 321.47, 321.52A, 321.109, 321.126, 322.19A, 331.557, 435.27
Surcharge imposed; §321.52A
Subsections 2 and 4 amended
321.20ACertificate of title and registration fees commercial vehicles.1.  Notwithstanding other provisions of this chapter, the owner of a commercial vehicle subject to the apportioned registration provisions of chapter 326 may make application to the department or the appropriate county treasurer for a certificate of title. The application for certificate of title shall be made within thirty days of purchase or transfer and shall be accompanied by a twenty dollar title fee and the appropriate fee for new registration. The department or the county treasurer shall deliver the certificate of title to the owner if there is no security interest. If there is a security interest, the title, when issued, shall be delivered to the first secured party. Delivery may be made using electronic means.2.  An owner of more than fifty commercial vehicles subject to the apportioned registration provisions of chapter 326 who is issued a certificate of title under this section shall not be subject to annual registration fees until the commercial vehicle is driven or moved upon the highways. The annual registration fee due shall be prorated for the remaining unexpired months of the registration year. Ownership of the commercial vehicle shall not be transferred until annual registration fees have been paid to the department.95 Acts, ch 118, §6, 96 Acts, ch 1089, §1, 96 Acts, ch 1152, §2, 2000 Acts, ch 1016, §2, 2001 Acts, ch 132, §2, 2004 Acts, ch 1013, §4, 35, 2006 Acts, ch 1070, §3, 2008 Acts, ch 1113, §14, 21, 52, 2012 Acts, ch 1093, §3Referred to in 312.2, 321.47, 321.52A, 331.557
Surcharge imposed, §321.52A
321.20BProof of security against liability — driving without liability coverage.1.a.  Notwithstanding chapter 321A, which requires certain persons to maintain proof of financial responsibility, a person shall not drive a motor vehicle on the highways of this state unless financial liability coverage, as defined in section 321.1, subsection 24B, is in effect for the motor vehicle and unless the driver has in the motor vehicle the proof of financial liability coverage card issued for the motor vehicle, or if the vehicle is registered in another state, other evidence that financial liability coverage is in effect for the motor vehicle. A proof of financial liability coverage card may be produced in paper or electronic format. Acceptable electronic formats include electronic images displayed on a cellular telephone or any other portable electronic device that has a display screen with touch input or a miniature keyboard.b.  It shall be conclusively presumed that a motor vehicle driven upon a parking lot which is available to the public without charge or which is available to customers or invitees of a business or facility without charge was driven on the highways of this state in order to enter the parking lot, and this section shall be applicable to such a motor vehicle. As used in this section, “parking lot” includes access roads, drives, lanes, aisles, entrances, and exits to and from a parking lot described in this paragraph.c.  This subsection does not apply to the operator of a motor vehicle owned by or leased to the United States, this state or another state, or any political subdivision of this state or of another state, or to a motor vehicle which is subject to section 325A.6.2.a.  An insurance company transacting business in this state shall issue to its insured owners of motor vehicles registered in this state a financial liability coverage card for each motor vehicle insured. Each financial liability coverage card shall identify the registration number or vehicle identification number of the motor vehicle insured and shall indicate the expiration date of the applicable insurance coverage. The financial liability coverage card shall also contain the name and address of the insurer or the name of the insurer and the name and address of the insurance agency, the name of the insured, and an emergency telephone number of the insurer or emergency telephone number of the insurance agency. An insurance company may issue a financial liability coverage card in either paper format or, if requested by the insured, electronic format.b.  The department shall adopt rules regarding the contents of a financial liability coverage card to be issued pursuant to this section.(1)  Notwithstanding the provisions of this section, a fleet owner who is issued a certificate of self-insurance pursuant to section 321A.34, subsection 1, is not required to maintain in each vehicle a financial liability coverage card with the individual registration number or the vehicle identification number of the vehicle included on the card. Such fleet owner shall be required to maintain a financial liability coverage card in each vehicle in the fleet including information deemed appropriate by the director.(2)  An association of individual members that is issued a certificate of self-insurance pursuant to section 321A.34, subsection 2, is required to maintain in each vehicle of an individual member a financial liability coverage card that complies with the provisions of this section and in addition contains information relating to the association and the association’s certificate of self-insurance as is deemed appropriate by the director.3.  If the financial liability coverage for a motor vehicle which is registered in this state is canceled or terminated effective prior to the expiration date indicated on the financial liability coverage card issued for the vehicle, the person to whom the financial liability coverage card was issued shall destroy the card.4.a.  If a peace officer stops a motor vehicle registered in this state and the driver is unable to provide proof of financial liability coverage, the peace officer shall do one of the following:(1)  Issue a warning memorandum to the driver.(2)  Issue a citation to the driver.(3)  Issue a citation and remove the motor vehicle’s license plates and registration receipt.(a)  Upon removing the license plates and registration receipt, the peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered.(b)  The motor vehicle may be driven for a time period of up to forty-eight hours after receiving the citation solely for the purpose of removing the motor vehicle from the highways of this state, unless the driver’s operating privileges are otherwise suspended. After receiving the citation, the driver shall keep the citation in the motor vehicle at all times while driving the motor vehicle as provided in this subparagraph, as proof of the driver’s privilege to drive the motor vehicle for such limited time and purpose.(4)(a)  Issue a citation, remove the motor vehicle’s license plates and registration receipt, and impound the motor vehicle. The peace officer shall deliver the plates for destruction, as appropriate, and forward the registration receipt and evidence of the violation, as determined by the department, to the county treasurer of the county in which the motor vehicle is registered.(b)  A motor vehicle which is impounded may be claimed by a person if the owner provides proof of financial liability coverage and proof of payment of any applicable fine and the costs of towing and storage for the motor vehicle. If the motor vehicle is not claimed within thirty days after impoundment, the motor vehicle may be treated as an abandoned vehicle pursuant to section 321.89.(c)  The holder of a security interest in a motor vehicle which is impounded pursuant to this subparagraph shall be notified of the impoundment within seventy-two hours of the impoundment of the motor vehicle and shall have the right to claim the motor vehicle upon the payment of all fees. However, if the value of the vehicle is less than the security interest, all fees shall be divided equally between the lienholder and the political subdivision impounding the vehicle.b.  An owner or driver of a motor vehicle who is charged with a violation of subsection 1 and issued a citation under paragraph “a”, subparagraph (3) or (4), is subject to the following:(1)  An owner or driver who produces to the clerk of court, prior to the date of the individual’s court appearance as indicated on the citation, proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or, if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited, in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that such proof was provided and be subject to one of the following:(a)  If the person was cited pursuant to paragraph “a”, subparagraph (3), the owner or driver shall provide a copy of the receipt to the county treasurer of the county in which the motor vehicle is registered and the owner shall be assessed a fifteen dollar administrative fee by the county treasurer who shall issue new license plates and registration to the person after payment of the fee.(b)  If the person was cited pursuant to paragraph “a”, subparagraph (4), the owner or driver, after the owner provides proof of financial liability coverage to the clerk of court, may claim the motor vehicle after such person pays any applicable fine and the costs of towing and storage for the motor vehicle, and the owner or driver provides a copy of the receipt and the owner pays to the county treasurer of the county in which the motor vehicle is registered a fifteen dollar administrative fee, and the county treasurer shall issue new license plates and registration to the person.(2)  An owner or driver who is charged with a violation of subsection 1 and is unable to show that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited may do either of the following:(a)  Sign an admission of violation on the citation and remit to the clerk of court a scheduled fine as provided in section 805.8A, subsection 14, paragraph “f”, for a violation of subsection 1. Upon payment of the fine to the clerk of court of the county where the citation was issued, payment of a fifteen dollar administrative fee to the county treasurer of the county in which the motor vehicle is registered, and providing proof of payment of any applicable fine and proof of financial liability coverages to the county treasurer of the county in which the motor vehicle is registered, the treasurer shall issue new license plates and registration to the owner.(b)  Request an appearance before the court on the matter. If the matter goes before the court, and the owner or driver is found guilty of a violation of subsection 1, the court may impose a fine as provided in section 805.8A, subsection 14, paragraph “f”, for a violation of subsection 1, or the court may order the person to perform unpaid community service instead of the fine. Upon the payment of the fine or the entry of the order for unpaid community service, the person shall provide proof of payment or entry of such order and the county treasurer of the county in which the motor vehicle is registered shall issue new license plates and registration to the owner upon the owner providing proof of financial liability coverage and paying a fifteen dollar administrative fee to the county treasurer.c.  An owner or driver cited for a violation of subsection 1, who produces to the clerk of court prior to the date of the person’s court appearance as indicated on the citation proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, shall not be convicted of such violation and the citation issued shall be dismissed by the court. Upon dismissal, the court or clerk of court shall assess the costs of the action against the defendant named on the citation.5.  If the motor vehicle is not registered in this state and the driver is a nonresident, the peace officer shall do one of the following:a.  Issue a warning memorandum to the driver.b.  Issue a citation. An owner or driver who produces to the clerk of court prior to the date of the person’s court appearance as indicated on the citation proof that the financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that proof was provided, and the citation issued shall be dismissed by the court. Upon dismissal, the court or clerk of court shall assess the costs of the action against the defendant named on the citation.6.  This section does not apply to a motor vehicle identified in section 321.18, subsection 1, 2, 3, 4, 5, 6, or 8.7.  This section does not apply to a lienholder who has a security interest in a motor vehicle subject to the registration requirements of this chapter, so long as such lienholder maintains financial liability coverage for any motor vehicle driven or moved by the lienholder in which the lienholder has an interest.8.  This section does not apply to a motor vehicle owned by a motor vehicle dealer or wholesaler licensed pursuant to chapter 322.9.  The director of transportation and the commissioner of insurance shall adopt rules pursuant to chapter 17A to administer this section.97 Acts, ch 139, §2, 17, 18, 98 Acts, ch 1100, §41, 98 Acts, ch 1121, §1 – 4, 8, 9, 99 Acts, ch 110, §1, 99 Acts, ch 114, §19, 2001 Acts, ch 32, §16, 2002 Acts, ch 1050, §32, 2003 Acts, ch 151, §23 – 25, 2006 Acts, ch 1144, §1 – 3, 2007 Acts, ch 215, §105, 2008 Acts, ch 1031, §111, 2012 Acts, ch 1138, §29, 2013 Acts, ch 103, §5, 6Referred to in 321.1, 321.54, 321.55, 321A.34, 321K.1, 321N.4, 322.7B, 326.25, 331.557, 805.8A321.21Special mobile equipment plates.Repealed by 99 Acts, ch 13, §28, 29; 2000 Acts, ch 1154, §46, 50. 321.22Urban and regional transit equipment certificates and plates.1.  An urban transit company or system having a franchise to operate in any city and any regional transit system may make application to the department, upon forms furnished by the department, for a certificate containing a distinguishing number and for one or more pairs of registration plates to be attached to the front and rear of buses owned or operated by the transit company or system.2.  The department shall issue to the applicant a certificate, or certificates, containing but not limited to the applicant’s name and address, the distinguishing number assigned to the applicant, and such other information deemed necessary by the department for proper identification of the buses.3.  The department shall issue registration plates to the applicant.4.  The department shall issue the certificates and plates without fee.[C66, 71, 73, 75, 77, 79, 81, §321.22]1984 Acts, ch 1253, §4; 1985 Acts, ch 195, §31; 1992 Acts, ch 1244, §42; 2009 Acts, ch 130, §22Referred to in 331.557321.23Titles to specially constructed and reconstructed vehicles, street rods, replica vehicles, and foreign vehicles.1.a.  If the vehicle to be registered is a specially constructed vehicle, reconstructed vehicle, street rod, replica vehicle, or foreign vehicle, such fact shall be stated in the application. A fee of ten dollars shall be paid by the person making the application upon issuance of a certificate of title by the county treasurer. For a specially constructed vehicle, reconstructed vehicle, street rod, or replica vehicle subject to registration, the application shall be accompanied by a statement from the department authorizing the motor vehicle to be titled and registered in this state.b.  The department shall cause a physical inspection to be made of all specially constructed vehicles, reconstructed vehicles, street rods, and replica vehicles upon application for a certificate of title by the owner, to determine whether the motor vehicle complies with the definition of specially constructed vehicle, reconstructed vehicle, street rod, or replica vehicle in this chapter and to determine that the integral component parts are properly identified and that the rightful ownership is established before issuing the owner the authority to have the motor vehicle registered and titled. The purpose of the physical inspection under this section is not to determine whether the motor vehicle is in a condition safe to operate.c.  The owner of a specially constructed vehicle, reconstructed vehicle, street rod, or replica vehicle shall apply for a certificate of title and registration for the vehicle at the county treasurer’s office within thirty days of the inspection. For a foreign vehicle which has been registered outside this state, the owner shall surrender to the treasurer all registration plates, registration cards, and certificates of title, or if the vehicle to be registered is from a nontitle state, the evidence of foreign registration and ownership as may be prescribed by the department except as provided in subsection 2.d.  Upon completion of every specially constructed vehicle, reconstructed vehicle, street rod, or replica vehicle, the owner shall certify on a form prescribed by the department that such vehicle is in compliance with all equipment specifications required under this chapter.2.  Where in the course of operation of a vehicle registered in another state it is desirable to retain registration of said vehicle in such other state, such applicant need not surrender but shall submit for inspection said evidence of such foreign registration and the treasurer upon a proper showing shall register said vehicle in this state but shall not issue a certificate of title for such vehicle.3.  In the event an applicant for registration of a foreign vehicle for which a certificate of title has been issued is able to furnish evidence of being the registered owner of the vehicle to the county treasurer of the owner’s residence, although unable to surrender such certificate of title, the county treasurer may issue a registration receipt and plates upon receipt of the required annual registration fee and the fee for new registration but shall not issue a certificate of title thereto. Upon surrender of the certificate of title from the foreign state, the county treasurer shall issue a certificate of title to the owner, or person entitled thereto, of such vehicle as provided in this chapter. The owner of a vehicle registered under this subsection shall not be required to obtain a certificate of title in this state and may transfer ownership of the vehicle to a motor vehicle dealer licensed under chapter 322 if, at the time of the transfer, the certificate of title is held by a secured party and the dealer has forwarded to the secured party the sum necessary to discharge the security interest pursuant to section 321.48, subsection 1.4.  A vehicle which does not meet the equipment requirements of this chapter due to the particular use for which it is designed or intended, may be registered by the department upon payment of appropriate fees and after inspection and certification by the department that the vehicle is not in an unsafe condition. A person is not required to have a certificate of title to register a vehicle under this subsection. If the owner elects to have a certificate of title issued for the vehicle, a fee of twenty dollars shall be paid by the person making the application upon issuance of a certificate of title. If the department’s inspection reveals that the vehicle may be safely operated only under certain conditions or on certain types of roadways, the department may restrict the registration to limit operation of the vehicle to the appropriate conditions or roadways. This subsection does not apply to snowmobiles as defined in section 321G.1. Section 321.382 does not apply to a vehicle registered under this subsection which is operated exclusively by a person with a disability who has obtained a persons with disabilities parking permit as provided in section 321L.2, if the persons with disabilities parking permit is carried in or on the vehicle and shown to a peace officer on request.[C39, §5001.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.23]1983 Acts, ch 9, §4,8; 1984 Acts, ch 1305, §48; 1988 Acts, ch 1158, §65; 1989 Acts, ch 247, §3; 1996 Acts, ch 1171, §1; 1997 Acts, ch 70, §2; 1998 Acts, ch 1073, §5; 1999 Acts, ch 13, §4; 2005 Acts, ch 8, §6; 2008 Acts, ch 1044, §5,8; 2008 Acts, ch 1113, §15,21,53; 2008 Acts, ch 1191, §127Referred to in 312.2, 321.30, 321.47, 321.52A, 321.67, 331.557
Surcharge imposed; §321.52A
321.23AAffidavit of correction.When information is printed incorrectly on a certificate of title, application for certificate of title, damage disclosure statement, or other document required for a title transfer or when these documents contain an alteration or erasure, the county treasurer may accept a notarized affidavit of correction. This section does not apply to an odometer certification statement. The department shall consult with a representative of the Iowa state county treasurer’s association and shall promulgate rules and adopt a standard affidavit form or forms to administer this section.2004 Acts, ch 1092, §1Referred to in 331.557321.24Issuance of registration and certificate of title.1.  Upon receipt of the application for title and payment of the required fees for a motor vehicle, trailer, or semitrailer, the county treasurer or the department shall, when satisfied as to the application’s genuineness and regularity, and, in the case of a mobile home or manufactured home, that taxes are not owing under chapter 423 or 435, issue a certificate of title and, except for a mobile home or manufactured home, a registration receipt, and shall file the application, the manufacturer’s or importer’s certificate, the certificate of title, or other evidence of ownership, as prescribed by the department. The registration receipt shall be delivered to the owner and shall contain upon its face the date issued, the name and address of the owner, the registration number assigned to the vehicle, the amount of the fee paid, the type of fuel used, a description of the vehicle as determined by the department, and a form for notice of transfer of the vehicle. The name and address of any lessee of the vehicle shall not be printed on the registration receipt or certificate of title. Up to three owners may be listed on the registration receipt and certificate of title.2.  The county treasurer shall maintain in the county record system information contained on the registration receipt. The information shall be accessible by registration number and shall be open for public inspection during reasonable business hours. Copies the department requires shall be sent to the department in the manner and at the time the department directs.3.  The certificate of title shall contain upon its face the identical information required upon the face of the registration receipt. In addition, the certificate of title shall contain a statement of the owner’s title, the title number assigned to the owner or owners of the vehicle, the name and address of the previous owner, and a statement of all security interests and encumbrances as shown in the application, upon the vehicle described, including the nature of the security interest, date of perfection, and name and mailing address of the secured party.4.  If the prior certificate of title is from another state and indicates that the vehicle was rebuilt, the new certificate of title and registration receipt shall contain the designation “REBUILT” printed on its face together with the name of the state issuing the prior title. The designation shall be retained on the face of all subsequent certificates of title and registration receipts for the vehicle.5.  If the prior certificate of title is from another state and indicates that the vehicle was junked, an Iowa junking certificate shall be issued according to section 321.52, subsections 2 and 3. If the prior certificate of title from another state indicates that the vehicle is salvaged and not rebuilt or is a salvage certificate of title, an Iowa salvage certificate of title shall be issued and a “SALVAGE” designation shall be retained on all subsequent Iowa certificates of title and registration receipts for the vehicle, unless the owner has surrendered the prior certificate of title and a salvage theft examination certificate, as provided under section 321.52, subsection 4, paragraph “c”, and the salvage theft examination certificate was properly executed within thirty days of the date the owner was assigned the prior certificate of title. The department may require that subsequent Iowa certificates of title retain other states’ designations which indicate that a vehicle had incurred prior damage. The department shall determine the manner in which other states’ rebuilt, salvage, or other designations are to be indicated on Iowa titles.6.  If the prior certificate of title is from another state and indicates that the vehicle was returned to the manufacturer pursuant to a law of another state similar to chapter 322G, the new registration receipt and certificate of title, and all subsequent registration receipts and certificates of title issued for the vehicle, shall contain a designation indicating the vehicle was returned to the manufacturer. The department shall determine the manner in which other states’ designations are to be indicated on Iowa registration receipts and certificates of title. The department may determine that a “REBUILT” or “SALVAGE” designation supersedes the designation required by this subsection and include the “REBUILT” or “SALVAGE” designation on the registration receipt and certificate of title in lieu of the designation required by this subsection.7.  The certificate shall contain the name of the county treasurer or of the department and, if the certificate of title is printed, the signature of the county treasurer, the deputy county treasurer, or the department director or deputy designee. The certificate of title shall contain upon the reverse side a form for assignment of title or interest and warranty by the owner, for reassignments by a dealer licensed in this state or in another state if the state in which the dealer is licensed permits Iowa licensed dealers to similarly reassign certificates of title. However, titles for mobile homes or manufactured homes shall not be reassigned by licensed dealers. Notwithstanding section 321.1, subsection 17, as used in this subsection, “dealer” means every person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under this chapter.8.  The original certificate of title shall be delivered to the owner if there is no security interest. Otherwise the certificate of title shall be delivered by the county treasurer or the department to the person holding the first security interest. Delivery may be made using electronic means.9.  The county treasurer or the department shall maintain in the county or department records system information contained on the certificate of title. The information shall be accessible by title certificate number for a period of three years from the date of notification of cancellation of title or that a new title has been issued as provided in this chapter. Copies the department requires shall be sent to the department in the manner and at the time the department directs. The department shall designate a uniform system of title numbers to indicate the county of issuance.10.  A vehicle shall be registered for the registration year. A vehicle registered for the first time in this state shall be registered for the remaining unexpired months of the registration year and pay an annual registration fee prorated for the remaining unexpired months of the registration year plus a fee for new registration if applicable pursuant to section 321.105A. Except for a vehicle registered under chapter 326, a vehicle registered for the first time during the eleventh month of the owner’s registration year may be registered for the remaining unexpired months of the registration year as provided in this subsection or for the remaining unexpired months of the registration year and for the next registration year, upon payment of the applicable registration fees.11.  If the county treasurer or department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, or a junking certificate has been issued for the vehicle but a certificate of title will not be reissued under section 321.52, subsection 3, and the vehicle qualifies as an antique vehicle under section 321.115, subsection 1, the county treasurer or department may register the vehicle but shall, as a condition of issuing a certificate of title and registration receipt, require the applicant to file with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The owner of a vehicle subject to the bond requirements of this subsection shall apply for a certificate of title and registration for the vehicle at the county treasurer’s office within thirty days of issuance of written authorization from the department. The bond shall be in an amount equal to one and one-half times the current value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title for the vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three years or earlier if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond. The department may authorize issuance of a certificate of title as provided in this subsection for a vehicle with an unreleased security interest upon presentation of satisfactory evidence that the security interest has been extinguished or that the holder of the security interest cannot be located to release the security interest as provided in section 321.50.12.  A person who violates this section commits a simple misdemeanor.[C24, 27, 31, 35, §4873; C39, §5001.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.24; 1982 Acts, ch 1251, §8]82 Acts, ch 1062, §3, 38, 87 Acts, ch 108, §2, 87 Acts, ch 130, §1, 88 Acts, ch 1089, §3, 89 Acts, ch 185, §1, 90 Acts, ch 1116, §1, 91 Acts, ch 142, §1, 92 Acts, ch 1104, §2, 94 Acts, ch 1199, §77, 95 Acts, ch 45, §1, 99 Acts, ch 188, §4, 2000 Acts, ch 1016, §42, 47, 2000 Acts, ch 1028, §1, 4, 2000 Acts, ch 1047, §1, 4, 2001 Acts, ch 153, §17, 2003 Acts, ch 2, §164, 205, 2004 Acts, ch 1013, §5, 35, 2005 Acts, ch 8, §7, 8, 2006 Acts, ch 1070, §4, 2007 Acts, ch 143, §8, 2008 Acts, ch 1018, §6, 2008 Acts, ch 1113, §54, 2009 Acts, ch 41, §113, 2010 Acts, ch 1140, §1, 2014 Acts, ch 1092, §73, 2016 Acts, ch 1098, §31Referred to in 321.46, 321.52, 321.69, 321.152, 331.557
Certain trailers exempt, see §321.123
321.25Application for registration and title — cards attached.1.  A vehicle may be operated upon the highways of this state without registration plates for a period of forty-five days after the date of delivery of the vehicle to the purchaser from a dealer if a card bearing the words “registration applied for” is attached on the rear of the vehicle. The card shall have plainly stamped or stenciled the registration number of the dealer from whom the vehicle was purchased and the date of delivery of the vehicle. In addition, a dealer licensed to sell new motor vehicles may attach the card to a new motor vehicle delivered by the dealer to the purchaser even if the vehicle was purchased from an out-of-state dealer and the card shall bear the registration number of the dealer that delivered the vehicle. A dealer shall not issue a card to a person known to the dealer to be in possession of registration plates which may be attached to the vehicle. A dealer shall not issue a card unless an application for registration and certificate of title has been made by the purchaser and a receipt issued to the purchaser of the vehicle showing the fee paid by the person making the application. Dealers’ records shall indicate the agency to which the fee is sent and the date the fee is sent. The dealer shall forward the application by the purchaser to the county treasurer or state office within thirty calendar days from the date of delivery of the vehicle. However, if the vehicle is subject to a security interest and has been offered for sale pursuant to section 321.48, subsection 1, the dealer shall forward the application by the purchaser to the county treasurer or state office within thirty calendar days from the date of the delivery of the vehicle to the purchaser.2.  The department shall, upon request by any dealer, furnish “registration applied for” cards free of charge. Only cards furnished by the department shall be used. Only one card shall be issued in accordance with this subsection for each vehicle purchased.[S13, §1571-m10; C24, 27, 31, 35, §4880; C39, §5001.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, §321.25; C77, §321.25 – 321.27; C79, 81, §321.25]1983 Acts, ch 82, §1; 1993 Acts, ch 47, §1; 1997 Acts, ch 108, §4; 1999 Acts, ch 13, §5; 2000 Acts, ch 1016, §3Referred to in 321.46, 331.557, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.26Multiple registration periods and adjustments.1.  There are established twelve registration periods for the registration of vehicles by the county treasurer. Each registration period shall commence on the first day of each calendar month following the month of the birth of the owner of the vehicle and end on the last day of the twelfth month.2.  The county treasurer may adjust the renewal or expiration date of vehicles when deemed necessary to equalize the number of vehicles registered in each twelve-month period or for the administrative efficiency of the county treasurer’s office. The adjustment shall be accomplished by delivery of a written notice to the vehicle owner of the adjustment and allowance of a credit for the remaining months of the unused portion of the annual registration fee, rounded to the nearest whole dollar, which amount shall be deducted from the annual registration fee due at the time of registration. Upon receipt of the notification the owner shall, within thirty days, surrender the registration card and registration plates to the county treasurer of the county where the vehicle is registered, except that the registration plates shall not be surrendered if validation stickers or other emblems are used to designate the month and year of expiration of registration. Upon payment of the annual registration fee, less the credit allowed for the remaining months of the unused portion of the annual registration fee, the county treasurer shall issue a new registration card and registration plates, validation stickers, or emblems which indicate the month and year of expiration of registration.3.   Except for motor trucks or truck tractors registered by the county treasurer pursuant to sections 321.120, 321.121, and 321.122, vehicles subject to registration which are owned by a person other than a natural person shall be registered for a registration year as determined by the county treasurer.82 Acts, ch 1062, §34, 38, 83 Acts, ch 24, §8, 12, 2008 Acts, ch 1113, §55, 2013 Acts, ch 103, §7Referred to in 331.557321.27Implementation of twelve-month registration period.Repealed by 97 Acts, ch 108, §49. 321.28Failure to register.The treasurer shall withhold the registration of any vehicle the owner of which shall have failed to register the same under the provisions of this chapter, for any previous period or periods for which it appears that registration should have been made, until the fee for such previous period or periods shall be paid.[C24, 27, 31, 35, §4870; C39, §5001.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.28]Referred to in 321.101, 331.557321.29Renewal not permitted.Any vehicle once registered in the state and by removal no longer subject to registration in this state, shall upon being returned to this state and subject to registration be again registered in accordance with section 321.20.[C24, 27, 31, 35, §4876; C39, §5001.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.29]Referred to in 331.557321.30Grounds for refusing registration or title.1.  The department or the county treasurer shall refuse registration and issuance of a certificate of title or any transfer of title and registration upon any of the following grounds:a.  That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the department or that the applicant is not entitled to registration and issuance of a certificate of title of the vehicle under this chapter.b.  That the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways, providing such condition is revealed by a member of this department, or any peace officer.c.  That the department or the county treasurer has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration and issuance of a certificate of title would constitute a fraud against the rightful owner.d.  That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.e.  That the required registration fees have not been paid except as provided in section 321.48.f.  For a vehicle subject only to a certificate of title or a manufactured home, that the required use tax has not been paid.g.  If application for registration and certificate of title for a new vehicle is not accompanied by a manufacturer’s or importer’s certificate duly assigned.h.  If application for a transfer of registration and issuance of a certificate of title for a used vehicle registered in this state is not accompanied by a certificate of title duly assigned.i.  If application and supporting documents are insufficient to authorize the issuance of a certificate of title as provided by this chapter, except that an initial registration or transfer of registration may be issued as provided in section 321.23.j.  In the case of a mobile home or manufactured home, that taxes are owing under chapter 435 for a previous year.k.  In the case of a mobile home or manufactured home converted from real estate, real estate taxes which are delinquent.l.  If a commercial motor vehicle has been assigned to be operated by a commercial motor carrier whose ability to operate has been terminated or denied by a federal agency.m.  If the applicant is under eighteen years of age, unless the applicant has an Iowa driver’s license or the application is being made by more than one applicant and one of the applicants is at least eighteen years of age.2.a.  Unless otherwise provided for in this chapter, the department or the county treasurer shall refuse registration and issuance of a certificate of title unless the vehicle bears a manufacturer’s label pursuant to 49 C.F.R. pt.567 certifying that the vehicle meets federal motor vehicle safety standards.b.  A military vehicle, other than a vehicle that runs on continuous tracks or wheels and tracks, that was originally manufactured for and sold directly to the armed forces of the United States in conformity with contractual specifications, as provided in 49 C.F.R. §571.7, may be registered and issued a certificate of title if the owner provides satisfactory evidence to the department that the vehicle is substantially in compliance with federal motor vehicle safety standards. The department may adopt rules as necessary concerning the registration and titling of military vehicles in accordance with this chapter.3.  The department or the county treasurer shall refuse registration of a vehicle if the applicant for registration of the vehicle has failed to pay the required annual registration fee or the fee for new registration of any vehicle owned or previously owned when the fee was required to be paid by the applicant, and for which vehicle the registration was suspended or revoked under section 321.101, subsection 1, paragraph “d”, or section 321.101A, until the fee is paid together with any accrued penalties.[C39, §5001.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.30; 1982 Acts, ch 1164, §1, 1982 Acts, ch 1251, §9]85 Acts, ch 98, §3, 87 Acts, ch 108, §3 – 5, 95 Acts, ch 55, §4, 95 Acts, ch 194, §2, 12, 99 Acts, ch 188, §5, 2000 Acts, ch 1016, §4, 5, 2001 Acts, ch 153, §17, 2003 Acts, ch 145, §245, 2006 Acts, ch 1068, §10, 41, 2007 Acts, ch 126, §53, 2008 Acts, ch 1018, §7, 8, 2008 Acts, ch 1113, §56, 57, 2012 Acts, ch 1091, §1Referred to in 321.101, 331.557
See also §321.40
321.31Records system.A state and county records system shall be maintained in the following manner:1.State records system.a.  The department shall install and maintain a records system which shall contain the name and address of the vehicle owner, current and previous registration number, vehicle identification number, make, model, style, date of purchase, registration certificate number, maximum gross weight, weight, list price or value of the vehicle as fixed by the department, fees paid and date of payment. The records system shall also contain a record of the certificate of title including such information as the department deems necessary. The information to be kept in the records system shall be entered within forty-eight hours after receipt insofar as is practical. The records system shall constitute the permanent record of ownership of each vehicle titled under the laws of this state.b.  The department may make photostatic, microfilm, or other photographic copies of certificates of title, registration receipts, or other records, reports or documents which are required to be retained by the department. When copies have been made, the department may destroy the original records in such manner as prescribed by the director. The photostatic, microfilm, or other photographic copies, when no longer of use, may be destroyed in the manner prescribed by the director, subject to the approval of the state records commission. Photostatic, microfilm, or other photographic copies of records shall be admissible in evidence when duly certified and authenticated by the officer having custody and control of the copies of records. Records of vehicle certificates of title may be destroyed seven years after the date of issue.c.  The director shall maintain a records system of delinquent accounts owed to the state using information provided through the computerized data bank established in section 421.17. The department and county treasurers shall use the information maintained in the records system to determine if applicants for renewal of registration have delinquent accounts, charges, fees, loans, taxes, or other indebtedness owed to or being collected by the state as provided pursuant to section 8A.504. The director, the director of the department of administrative services, and the director of revenue shall establish procedures for updating the delinquent accounts records to add and remove accounts, as applicable.2.County records system.a.  Each county treasurer’s office shall maintain a county records system for vehicle registration and certificate of title documents. The records system shall consist of information from the certificate of title, including the date of perfection and cancellation of security interests, and information from the registration receipt. The information shall be maintained in a manner approved by the department.b.  Records of vehicle certificates of title for vehicles that are delinquent for five or more consecutive years may be destroyed by the county treasurer. Automated files, optical disks, microfiche records, and photostatic, microfilm or other photographic copies of records shall be admissible in evidence when duly certified and authenticated by the officer having custody and control of the records.[S13, §1571-m2; C24, 27, 31, 35, §5010; C39, §5001.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.31]89 Acts, ch 185, §2, 95 Acts, ch 194, §3, 12, 2003 Acts, ch 145, §246, 2004 Acts, ch 1013, §6, 35, 2010 Acts, ch 1061, §180Referred to in 331.557321.32Registration card carried and exhibited exception.1.  A vehicle’s registration card shall at all times be carried in the vehicle to which it refers and shall be shown to any peace officer upon the officer’s request.2.  This section shall not apply when the registration card is being used for the purpose of making application for renewal of registration or upon a transfer of registration for that vehicle.[S13, §1571-m11; C24, 27, 31, 35, §4879; C39, §5001.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.32]91 Acts, ch 27, §1, 2010 Acts, ch 1069, §89Referred to in 331.557, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.33Exception.Repealed by 2010 Acts, ch 1069, §140. See §321.32.321.34Plates or validation sticker furnished — retained by owner — special plates.1.Plates issued.The county treasurer upon receiving application, accompanied by proper fee, for registration of a vehicle shall issue to the owner one registration plate for a motorcycle, motorized bicycle, autocycle, truck tractor, trailer, or semitrailer and two registration plates for every other motor vehicle. The registration plates, including special registration plates, shall be assigned to the owner of a vehicle. When the owner of a registered vehicle transfers or assigns ownership of the vehicle to another person, the owner shall remove the registration plates from the vehicle. The owner shall forward the plates to the county treasurer where the vehicle is registered or the owner may have the plates assigned to another vehicle within thirty days after transfer, upon payment of the fees required by law. The owner shall immediately affix registration plates retained by the owner to another vehicle owned or acquired by the owner, providing the owner complies with section 321.46. The department shall adopt rules providing for the assignment of registration plates to the transferee of a vehicle for which a credit is allowed under section 321.46, subsection 6.2.Validation stickers.a.  In lieu of issuing new registration plates each registration year for a vehicle renewing registration, the department may reassign the registration plates previously issued to the vehicle and may adopt and prescribe an annual validation sticker indicating payment of annual registration fees. The department shall issue one validation sticker for each set of registration plates. The sticker shall specify the month and year of expiration of the registration plates. The sticker shall be displayed only on the rear registration plate, except that the sticker shall be displayed on the front registration plate of a truck tractor.b.  The state department of transportation shall adopt rules to provide for the placement of the motor vehicle registration validation sticker.3.Radio operators plates.The owner of an automobile, motorcycle, trailer, or motor truck who holds an amateur radio license issued by the federal communications commission may, upon written application to the county treasurer accompanied by a fee of five dollars, order special registration plates bearing the call letters authorized the radio station covered by the person’s amateur radio license. When received by the county treasurer, such special registration plates shall be issued to the applicant in exchange for the registration plates previously issued to the person. Not more than one set of special registration plates may be issued to an applicant. Said fee shall be in addition to and not in lieu of the fee for regular registration plates. Special registration plates must be surrendered upon expiration of the owner’s amateur radio license and the owner shall thereupon be entitled to the owner’s regular registration plates. The county treasurer shall validate special plates in the same manner as regular registration plates, upon payment of five dollars in addition to the regular annual registration fee.4.Permanent plates.In lieu of issuing annual registration plates for trailers, semitrailers, motor trucks, and truck tractors, the department may issue a permanent registration plate for trailers, semitrailers, motor trucks, and truck tractors licensed under chapter 326, upon payment of the appropriate registration fee. Payment of fees for trailers and semitrailers for a permanent registration plate shall, at the option of the registrant, be made at five-year intervals or on an annual basis. Fees from five-year payments shall not be reduced or prorated. Payment of fees for motor trucks and truck tractors shall be made on an annual basis.5.Personalized registration plates.a.  Upon application and the payment of a fee of twenty-five dollars, the director may issue to the owner of a motor vehicle registered in this state or a trailer or travel trailer registered in this state, personalized registration plates marked with up to seven initials, letters, or combination of numerals and letters requested by the owner. However, personalized registration plates for autocycles, motorcycles, and motorized bicycles shall be marked with no more than six initials, letters, or combinations of numerals and letters. Upon receipt of the personalized registration plates, the applicant shall surrender the regular registration plates to the county treasurer. The fee for issuance of the personalized registration plates shall be in addition to the regular annual registration fee.b.  The county treasurer shall validate personalized registration plates in the same manner as regular registration plates are validated under this section at an annual fee of five dollars in addition to the regular annual registration fee. A person renewing a personalized registration plate within one month following the time requirements under section 321.40 may renew the personalized plate without paying the additional registration fee under paragraph “a” but shall pay the five-dollar fee in addition to the regular annual registration fee and any penalties subject to regular registration plate holders for late renewal.c.  The fees collected by the director under this subsection shall be paid to the treasurer of state and credited by the treasurer of state as provided in section 321.145.6.Sample vehicle registration plates.Vehicle registration plates displaying the general design of regular registration plates, with the word “sample” displayed on the plate, may be furnished to any person upon payment of a fee of three dollars, except that such plates may be furnished to governmental agencies without cost. Sample registration plates shall not be attached to a vehicle moved on the highways of this state.7.Collegiate plates.a.  Upon application and payment of the proper fees, the director may issue to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, motor truck, motor home, multipurpose vehicle, trailer over two thousand pounds, or travel trailer registered in this state, collegiate registration plates created pursuant to this subsection. Upon receipt of the collegiate registration plates, the applicant shall surrender the regular registration plates to the county treasurer.b.  Collegiate registration plates shall be designed for each of the three state universities. The collegiate registration plates shall be designated as follows:(1)  The letters “ISU” followed by a four-digit number all in cardinal on a gold background for Iowa state university of science and technology.(2)  The letters “UNI” followed by a four-digit number all in purple on a gold background for the university of northern Iowa.(3)  The letters “UI” followed by a four-digit number all in black on a gold background for the state university of Iowa.(4)  In lieu of the letter-number designation provided under subparagraphs (1) through (3), the collegiate registration plates may be designated in the manner provided for personalized registration plates under subsection 5, paragraph “a”, in the colors designated for the respective universities under subparagraphs (1) through (3).c.(1)  The fees for a collegiate registration plate are as follows:(a)  A registration fee of twenty-five dollars.(b)  A special collegiate registration fee of twenty-five dollars.(2)  These fees are in addition to the regular annual registration fee. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall credit monthly from the statutory allocations fund created under section 321.145, subsection 2, to Iowa state university of science and technology, the university of northern Iowa, and the state university of Iowa respectively, the amount of the special collegiate registration fees collected in the previous month for collegiate registration plates designed for the university. The moneys credited are appropriated to the respective universities to be used for scholarships for students attending the universities.d.  The county treasurer shall validate collegiate registration plates in the same manner as regular registration plates are validated under this section at an annual fee of five dollars in addition to the regular annual registration fee.e.  A collegiate registration plate shall not be issued if its combination of alphanumeric characters are identical to those contained on a current personalized registration plate issued under subsection 5. However, the owner of a motor vehicle who has a personalized registration plate issued for the motor vehicle may, after proper application and payment of fees, be issued a collegiate registration plate containing the same alphanumeric characters as those on the personalized plate. Upon receipt of the collegiate registration plates, the owner shall surrender the personalized registration plates to the county treasurer.7A.Collegiate plates — Private four-year colleges and universities.a.  Upon application by a private four-year college or university located in this state and payment of the initial set-up costs for establishing the collegiate plate, the department, in consultation with the college or university, may design a special collegiate registration plate displaying the colors associated with the college or university.b.  Upon application and payment of the proper fees, the director may issue to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, motor truck, motor home, multipurpose vehicle, trailer over two thousand pounds, or travel trailer registered in this state, collegiate registration plates created pursuant to this subsection. The fee for the issuance of collegiate registration plates is twenty-five dollars, which fee is in addition to the regular annual registration fee for the vehicle. An applicant may obtain a personalized collegiate registration plate upon payment of the additional fee for a personalized plate as provided in subsection 5 in addition to the collegiate plate fee and the regular registration fee. The county treasurer shall validate collegiate registration plates issued under this subsection in the same manner as regular registration plates, upon payment of five dollars in addition to the regular annual registration fee. Upon receipt of the collegiate registration plates, the applicant shall surrender the regular registration plates to the county treasurer.c.  A personalized collegiate registration plate shall not be issued if its combination of alphanumeric characters are identical to those contained on a current personalized registration plate issued under subsection 5. However, the owner of a motor vehicle who has a personalized registration plate issued for the motor vehicle may, after proper application and payment of fees, be issued a collegiate registration plate containing the same alphanumeric characters as those on the personalized plate. Upon receipt of the collegiate registration plates, the owner shall surrender the personalized registration plates to the county treasurer.8.Medal of honor plates.a.  The owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motorcycle, trailer, or motor truck who has been awarded the medal of honor may, upon written application to the department, order special registration plates which shall be red, white, and blue in color and shall bear an emblem of the medal of honor and an identifying number. Each applicant applying for special registration plates under this subsection may order only one set of registration plates under this subsection. The application is subject to approval by the department and the special registration plates shall be issued at no charge to the applicant in exchange for the registration plates previously issued to the person. A person who is issued special plates under this subsection is exempt from payment of any annual registration fee for the motor vehicle bearing the special plates. The department shall validate the special plates in the same manner as regular registration plates are validated under this section. The department shall not issue special registration plates until service organizations in the state have furnished the department either the special dies or the cost of the special dies necessary for the manufacture of the special registration plate.b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use the special plates subject to registration of the special plates in the surviving spouse’s name. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.8A.Ex-prisoner of war special plates.a.  The owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motorcycle, trailer, or motor truck who was a prisoner of war during a time of military conflict may, upon written application to the department, order only one set of special registration plates with an ex-prisoner of war processed emblem. The emblem shall be designed by the department in cooperation with the adjutant general and shall signify that the owner was a prisoner of war as described in this subsection. The application is subject to approval by the department, in consultation with the adjutant general. The special plates shall be issued at no charge and are subject to an annual registration fee of fifteen dollars. The county treasurer shall validate the special plates in the same manner as regular registration plates are validated under this section.b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual registration fee. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.9.Leased vehicles.Registration plates under this section, including disabled veteran plates specified in section 321.105, may be issued to the lessee of a motor vehicle if the lessee provides evidence of a lease for a period of more than sixty days and if the lessee complies with the requirements, under this section, for issuance of the specific registration plates.10.Fire fighter plates.a.  An owner referred to in subsection 12 who is a current or retired member of a paid or volunteer fire department may, upon written application to the department, order special registration plates, designed by the department in cooperation with representatives designated by the Iowa fire fighters’ associations, which signify that the applicant is a current or retired member of a paid or volunteer fire department.b.  The application shall be approved by the department in consultation with representatives designated by the Iowa fire fighters’ associations, and the special registration plates shall be issued to the applicant in exchange for the registration plates previously issued to the person. An applicant who is the owner of a business-trade truck or special truck shall not be issued special fire fighter registration plates for more than one vehicle. The fee for the special plates is twenty-five dollars which shall be paid in addition to the regular annual registration fee. The department shall validate the special plates in the same manner as regular registration plates are validated under this section at the regular annual registration fee.c.  The special fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the Paul Ryan memorial fire fighter safety training fund created pursuant to section 100B.12 the amount of the special fees collected in the previous month for the fire fighter plates.d.  For purposes of this subsection, a person is considered to be retired if the person is recognized by the chief of the fire department where the individual served, and on record, as officially retired from the fire department. Special registration plates with a fire fighter emblem shall be surrendered, as provided in subsection 12, in exchange for regular registration plates upon termination of the motor vehicle owner’s membership in the paid or volunteer fire department, unless the person is a retired member in good standing.10A.Emergency medical services plates.a.  The owner of a motor vehicle referred to in subsection 12 who is a current member of a paid or volunteer emergency medical services agency may, upon written application to the department, order special registration plates, designed by the department in cooperation with representatives designated by the Iowa emergency medical services association, which plates signify that the applicant is a current member of a paid or volunteer emergency medical services agency. The application shall be approved by the department, in consultation with representatives designated by the Iowa emergency medical services association, and the special registration plates shall be issued to the applicant in exchange for the registration plates previously issued to the person. The fee for the special plates is twenty-five dollars which is in addition to the regular annual registration fee. The department shall validate the special plates in the same manner as regular registration plates are validated under this section at the regular annual registration fee.b.  The special fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the emergency medical services fund created in section 135.25 the amount of the special fees collected in the previous month for issuance of emergency medical services plates.11.Natural resources plates.a.  Upon application and payment of the proper fees, the director may issue natural resources plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.b.  Natural resources plates shall be designed by the department in cooperation with the department of natural resources which design shall include on the plate the name of the county where the vehicle is registered.c.(1)  The special natural resources fee for letter-number designated natural resources plates is forty-five dollars. The fee for personalized natural resources plates is forty-five dollars which shall be paid in addition to the special natural resources fee of forty-five dollars. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall credit monthly from the statutory allocations fund created under section 321.145, subsection 2, to the Iowa resources enhancement and protection fund created pursuant to section 455A.18, the amount of the special natural resources fees collected in the previous month for the natural resources plates.(2)  From the moneys credited to the Iowa resources enhancement and protection fund under subparagraph (1), ten dollars of the fee collected for each natural resources plate issued, and fifteen dollars from each renewal fee, shall be allocated to the department of natural resources wildlife bureau to be used for nongame wildlife programs.d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special natural resources fee for letter-number designated plates is twenty-five dollars which shall be paid in addition to the regular annual registration fee. The annual fee for personalized natural resources plates is five dollars which shall be paid in addition to the annual special natural resources fee and the regular annual registration fee. The annual special natural resources fee shall be credited as provided under paragraph “c”.11A.Love our kids plates.a.  Upon application and payment of the proper fees, the director may issue “love our kids” plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.b.  Love our kids plates shall be designed by the department in cooperation with the Iowa department of public health.c.  The special fee for letter-number designated love our kids plates is thirty-five dollars. The fee for personalized love our kids plates is twenty-five dollars, which shall be paid in addition to the special love our kids fee of thirty-five dollars. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the Iowa department of public health the amount of the special fees collected in the previous month for the love our kids plates. Notwithstanding section 8.33, moneys transferred under this subsection shall not revert to the general fund of the state.d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special love our kids fee for letter-number designated plates is ten dollars, which shall be paid in addition to the regular annual registration fee. The annual fee for personalized love our kids plates is five dollars, which shall be paid in addition to the annual special love our kids fee and the regular annual registration fee. The annual love our kids fee shall be credited as provided under paragraph “c”.11B.Motorcycle rider education plates.a.  Upon application and payment of the proper fees, the director may issue “motorcycle rider education” plates to the owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer.b.  Motorcycle rider education plates shall be designed by the department.c.  The special fee for letter-number designated motorcycle rider education plates is thirty-five dollars. The fee for personalized motorcycle rider education plates is twenty-five dollars, which shall be paid in addition to the special motorcycle rider education fee of thirty-five dollars. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the department for use in accordance with section 321.179, the amount of the special fees collected in the previous month for the motorcycle rider education plates.d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special motorcycle rider education fee for letter-number designated plates is ten dollars, which shall be paid in addition to the regular annual registration fee. The annual fee for personalized motorcycle rider education plates is five dollars, which shall be paid in addition to the annual special motorcycle rider education fee and the regular annual registration fee. The annual motorcycle rider education fee shall be credited as provided under paragraph “c”.12.Special registration plates — general provisions.a.  The owner of a motor vehicle subject to registration pursuant to section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer may, upon written application to the department, order special registration plates with a distinguishing processed emblem as authorized by this section or as approved by the department. The fee for the issuance of special registration plates is twenty-five dollars for each vehicle, unless otherwise provided by this section, which fee is in addition to the regular annual registration fee. The county treasurer shall validate special registration plates with a distinguishing processed emblem in the same manner as regular registration plates, upon payment of five dollars in addition to the regular annual registration fee.b.  Upon receipt of a special registration plate with a distinguishing processed emblem as authorized by this section or as approved by the department, the applicant shall surrender the regular registration plates to the county treasurer. An applicant no longer eligible for a special registration plate shall surrender the special vehicle registration plates to the county treasurer for issuance of regular registration plates.c.  An applicant may, upon payment of the additional fee for a personalized plate as provided in subsection 5, obtain a personalized special registration plate with a processed emblem. Personalized plates authorized by this section with the processed emblem shall be limited to no more than five initials, letters, or combinations of numerals and letters.d.  A special registration plate issued for a motorcycle, autocycle, or motorized bicycle under this section shall be designated in the manner provided for personalized registration plates under subsection 5, paragraph “a”.12A.Special registration plates — armed forces services.a.  An owner of a vehicle referred to in subsection 12 who applies for any type of special registration plates associated with service in the United States armed forces shall be issued one set of the special registration plates at no charge, but shall be subject to the annual registration fee of fifteen dollars, if the owner is eligible for, but has relinquished to the department or the county treasurer or has not been issued, ex-prisoner of war or legion of merit special registration plates under this section.b.  An owner of a vehicle referred to in subsection 12 who applies for any type of special registration plates associated with service in the United States armed forces shall be issued one set of the special registration plates at no charge and subject to no annual registration fee if the owner is eligible for, but has relinquished to the department or the county treasurer or has not been issued, medal of honor registration plates under subsection 8 or disabled veteran registration plates under section 321.105.c.  The owner shall provide the appropriate information regarding the owner’s eligibility for any of the special registration plates described in paragraph “a” or “b”, and regarding the owner’s eligibility for the special registration plates for which the owner has applied, as required by the department.d.  The surviving spouse of a person who was issued special plates under this subsection may continue to use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the same annual registration fee, if applicable. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.13.Special plates displaying organization decal.a.(1)  The owner of a motor vehicle subject to registration pursuant to section 321.109, subsection 1, autocycle, motor truck, motor home, multipurpose vehicle, motorcycle, trailer, or travel trailer may upon request be issued special registration plates that contain a space reserved for the placement of an organization decal. If the special plates are requested at the time of initial application for registration and certificate of title for the vehicle, no special plate fee is required other than the regular annual registration fee for the vehicle. If the special plates are requested as replacement plates, the owner shall surrender the current regular or special registration plates in exchange for the special plates and shall pay a replacement plate fee of five dollars. The county treasurer shall validate special plates with an organization decal in the same manner as regular plates, upon payment of the annual registration fee.(2)  An applicant may obtain a personalized special registration plate with space reserved for an organization decal, subject to the additional fees for a personalized plate as provided in subsection 5. Personalized plates with space reserved for an organization decal shall be limited to no more than five initials, letters, or combinations of numerals and letters.b.(1)  An organization may apply to the department for approval to issue a decal to be displayed on vehicle registration plates. To qualify for such approval, an organization shall meet the following requirements:(a)  The primary activity or interest of the organization serves the community, contributes to the welfare of others, and is not discriminatory in its purpose, nature, activity, or name.(b)  The name and purpose of the organization do not promote any specific product or brand name that is provided for sale.(c)  The organization is a nonprofit corporation which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code and is organized under the laws of this state or authorized to do business within this state.(2)  The department may accept an application for a decal design from a group of nonprofit organizations with a common purpose, provided that each organization within the group meets the requirements for a qualifying organization established by the department under this subsection.c.  An organization desiring to issue a decal shall submit an application to the department on a form to be provided by the department. Along with the application, the organization shall furnish to the department all of the following:(1)  A copy of the articles of incorporation for the organization.(2)  A copy of the charter or by-laws for the organization.(3)  Any Internal Revenue Service rulings concerning the organization’s nonprofit tax exemption status.(4)  A color copy of the completed decal design.(5)  A clear and concise explanation of the purpose of the decal, all eligibility requirements for purchasing the decal, and fees to be charged for the decal.(6)  Certification by the person who has legal rights to the decal design allowing use of the design.(7)  Any other information required by the department.d.  The department shall consider a proposed decal design based upon criteria established by the department, which shall include but not be limited to the following:(1)  A decal shall not promote a specific religion, faith, or anti-religious sentiment.(2)  A decal shall not have any sexual connotation and shall not be vulgar, prejudiced, hostile, insulting, or racially or ethnically degrading.e.  Upon approval by the department of an organization’s application to issue a decal and approval of the design of the decal, the organization is responsible for the production, administration, and issuance of the decal. An organization shall not issue a decal that has not been approved by the department or alter the approved design of a decal without the department’s approval.f.  A person shall not display a decal on a vehicle registration plate other than a decal approved by the department.g.  The department may adopt rules pursuant to chapter 17A as necessary to implement this subsection.14.Persons with disabilities special plates.An owner referred to in subsection 12 or an owner of a trailer used to transport a wheelchair who is a person with a disability, or who is the parent or guardian of a child who resides with the parent or guardian owner and who is a person with a disability, as defined in section 321L.1, may, upon written application to the department, order special registration plates with a persons with disabilities processed emblem designed by the department bearing the international symbol of accessibility. The special registration plates with a persons with disabilities processed emblem shall only be issued if the application is accompanied with a statement from a physician licensed under chapter 148 or 149, a physician assistant licensed under chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or a chiropractor licensed under chapter 151, written on the physician’s, physician assistant’s, nurse practitioner’s, or chiropractor’s stationery, stating the nature of the applicant’s or the applicant’s child’s disability and such additional information as required by rules adopted by the department, including proof of residency of a child who is a person with a disability. If the application is approved by the department, the special registration plates with a persons with disabilities processed emblem shall be issued to the applicant. There shall be no fee in addition to the regular annual registration fee for the special registration plates with a persons with disabilities processed emblem. The authorization for special registration plates with a persons with disabilities processed emblem shall not be renewed without the applicant furnishing evidence to the department that the owner of the vehicle or the owner’s child is still a person with a disability as defined in section 321L.1. An owner who has a child who is a person with a disability shall provide satisfactory evidence to the department that the child with a disability continues to reside with the owner. The registration plates with a persons with disabilities processed emblem shall be surrendered in exchange for regular registration plates as provided in subsection 12 when the owner of the vehicle or the owner’s child no longer qualifies as a person with a disability as defined in section 321L.1 or when the owner’s child who is a person with a disability no longer resides with the owner.15.Legion of merit special plates.a.  The owner of a motor vehicle subject to registration under section 321.109, subsection 1, autocycle, motorcycle, trailer, or motor truck who has been awarded the legion of merit shall be issued one set of special registration plates with a legion of merit processed emblem, upon written application to the department and presentation of satisfactory proof of the award of the legion of merit as established by the Congress of the United States. The emblem shall be designed by the department in cooperation with the adjutant general and shall signify that the owner was awarded the legion of merit. The application is subject to approval by the department, in consultation with the adjutant general. The special plates shall be issued at no charge and are subject to an annual registration fee of fifteen dollars. The county treasurer shall validate the special plates in the same manner as regular registration plates are validated under this section.b.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual registration fee. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.16.National guard special plates.a.  An owner referred to in subsection 12 who is a member of the national guard, as defined in chapter 29A, may, upon written application to the department, order special registration plates with a national guard processed emblem with the emblem designed by the department in cooperation with the adjutant general which emblem signifies that the applicant is a member of the national guard. The application shall be approved by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated national guard plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized national guard plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for national guard plates. Special registration plates with a national guard processed emblem shall be surrendered, as provided in subsection 12, in exchange for regular registration plates upon termination of the owner’s membership in the active national guard.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a national guard processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.17.Pearl Harbor special plates.a.  An owner referred to in subsection 12 who was at Pearl Harbor, Hawaii, as a member of the armed services of the United States on December 7, 1941, may, upon written application to the department, order special registration plates with a Pearl Harbor processed emblem. The emblem shall be designed by the department in consultation with service organizations. The application is subject to approval by the department. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated Pearl Harbor plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized Pearl Harbor plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for Pearl Harbor plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a Pearl Harbor processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.18.Purple heart special plates.a.  An owner referred to in subsection 12 who was awarded a purple heart medal by the United States government for wounds received in military or naval combat against an armed enemy of the United States may, upon written application to the department and presentation of satisfactory proof of the award of the purple heart medal, order special registration plates with a purple heart processed emblem. The design of the emblem shall include a representation of a purple heart medal and ribbon. The application is subject to approval by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated purple heart plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized purple heart plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for purple heart plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a purple heart processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.19.United States armed forces retired special plates.a.  An owner referred to in subsection 12 who is a retired member of the United States armed forces may, upon written application to the department and upon presentation of satisfactory proof of membership, order special registration plates with a United States armed forces retired processed emblem. The emblem shall be designed by the department in consultation with service organizations. The application is subject to approval by the department. For purposes of this subsection, a person is considered to be retired if the person is recognized by the United States armed forces as retired from the United States armed forces. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated armed forces retired plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized armed forces retired plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for armed forces retired plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with an armed forces retired processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.20.Silver or bronze star plates.a.  An owner referred to in subsection 12 who was awarded a silver or a bronze star by the United States government, may, upon written application to the department and presentation of satisfactory proof of the award of the silver or bronze star, order special registration plates with a silver or bronze star processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated silver star and bronze star plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized silver star and bronze star plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for silver star and bronze star plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a silver star or bronze star processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.20A.Distinguished service, navy, or air force cross plates.a.  An owner referred to in subsection 12 who was awarded a distinguished service cross, a navy cross, or an air force cross by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a distinguished service cross, navy cross, or air force cross processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated distinguished service cross, navy cross, and air force cross plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized distinguished service cross, navy cross, and air force cross plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for distinguished service cross, navy cross, and air force cross plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a distinguished service cross, navy cross, or air force cross processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.20B.Soldier’s, navy and marine corps, or airman’s medal plates.a.  An owner referred to in subsection 12 who was awarded a soldier’s medal, a navy and marine corps medal, or an airman’s medal by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a soldier’s medal, navy and marine corps medal, or airman’s medal processed emblem. The emblem shall be designed by the department in consultation with the adjutant general. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated soldier’s medal, navy and marine corps medal, and airman’s medal plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized soldier’s medal, navy and marine corps medal, and airman’s medal plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for soldier’s medal, navy and marine corps medal, and airman’s medal plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a soldier’s medal, navy and marine corps medal, or airman’s medal processed emblem at no charge.c.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.20C.Combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates.a.  The department, in consultation with the adjutant general, shall design combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge distinguishing processed emblems. Upon receipt of two hundred fifty orders for combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with the applicable distinguishing processed emblem as provided in paragraphs “b”, “c”, and “d”. The minimum order requirement shall apply separately to each of the special registration plates created under this subsection.b.  An owner referred to in subsection 12 who was awarded a combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge by the United States government may, upon written application to the department and presentation of satisfactory proof of the award, order special registration plates with a combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge processed emblem. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, and combat medical badge plates.c.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates with a combat infantryman badge, combat action badge, combat action ribbon, air force combat action medal, or combat medical badge distinguishing processed emblem at no charge.d.  The surviving spouse of a person who was issued special plates under this subsection may continue to use or apply for and use the special plates subject to registration of the special plates in the surviving spouse’s name and upon payment of the annual five-dollar special plate fee and the regular annual registration fee for the vehicle. If the surviving spouse remarries, the surviving spouse shall return the special plates to the department and the department shall issue regular registration plates to the surviving spouse.21.Iowa heritage special plates.a.  An owner referred to in subsection 12 may, upon written application to the department, order special registration plates with an Iowa heritage emblem. The emblem shall contain a picture of the American gothic house and the words “Iowa Heritage” and shall be designed by the department in consultation with the state historical society of Iowa.b.  The special Iowa heritage fee for letter-number designated plates is thirty-five dollars. The special fee for personalized Iowa heritage plates is twenty-five dollars which shall be paid in addition to the special fee of thirty-five dollars. The annual special Iowa heritage fee is ten dollars for letter-number designated registration plates and is fifteen dollars for personalized registration plates which shall be paid in addition to the regular annual registration fee.c.  The special fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall credit monthly from the statutory allocations fund created under section 321.145, subsection 2, to the Iowa heritage fund created under section 303.9A the amount of the special fees collected in the previous month for the Iowa heritage plates.22.Education plates.a.  An owner referred to in subsection 12, upon written application to the department, may order special registration plates with an education emblem. The education emblem shall be designed by the department in cooperation with the department of education.b.  The special school transportation fee for letter-number designated education plates is thirty-five dollars. The fee for personalized education plates is twenty-five dollars, which shall be paid in addition to the special school transportation fee of thirty-five dollars. The annual special school transportation fee is ten dollars for letter-number designated registration plates and is fifteen dollars for personalized registration plates which shall be paid in addition to the regular annual registration fee. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the school budget review committee in accordance with section 257.31, subsection 17, the amount of the special school transportation fees collected in the previous month for the education plates.23.Breast cancer awareness plates.a.  Upon application and payment of the proper fees, the director may issue breast cancer awareness plates to an owner of a motor vehicle referred to in subsection 12.b.  Breast cancer awareness plates shall contain an image of a pink ribbon and shall be designed by the department in consultation with the Susan G. Komen foundation.c.  The special fee for letter-number designated breast cancer awareness plates is thirty-five dollars. The fee for personalized breast cancer awareness plates is twenty-five dollars, which shall be paid in addition to the special breast cancer awareness fee of thirty-five dollars. The fees collected by the director under this subsection shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the Iowa department of public health the amount of the special fees collected in the previous month for the breast cancer awareness plates and such funds are appropriated to the Iowa department of public health. The Iowa department of public health shall distribute one hundred percent of the funds received monthly in the form of grants to support breast cancer screenings for both men and women who meet eligibility requirements like those established by the Susan G. Komen foundation. In the awarding of grants, the Iowa department of public health shall give first consideration to affiliates of the Susan G. Komen foundation and similar nonprofit organizations providing for breast cancer screenings at no cost in Iowa. Notwithstanding section 8.33, moneys transferred under this subsection shall not revert to the general fund of the state.d.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special breast cancer awareness fee for letter-number designated plates is ten dollars, which shall be paid in addition to the regular annual registration fee. The annual special fee for personalized breast cancer awareness plates is five dollars, which shall be paid in addition to the annual special breast cancer awareness fee and the regular annual registration fee. The annual special breast cancer awareness fee shall be credited and transferred as provided under paragraph “c”.24.Gold star plates.a.  An owner referred to in subsection 12 who is the surviving spouse, parent, child, or sibling of a deceased member of the United States armed forces who died while serving on active duty during a time of military conflict or who died as a result of such service may order special registration plates bearing a gold star emblem upon written application to the department accompanied by satisfactory supporting documentation as determined by the department. The gold star emblem shall be designed by the department in cooperation with the commission of veterans affairs. The special plate fees collected by the director under subsection 12, paragraph“a”, from the annual validation of letter-number designated gold star plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized gold star plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for gold star plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for special registration plates under this subsection shall be issued one set of special registration plates bearing a gold star emblem at no charge.25.Civil war sesquicentennial plates.a.  The department, in consultation with the adjutant general, shall design a civil war sesquicentennial distinguishing processed emblem. Upon receipt of two hundred fifty orders for civil war sesquicentennial special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with a civil war sesquicentennial processed emblem as provided in paragraph “b”.b.  An owner referred to in subsection 12, upon written application to the department, may order special registration plates with a civil war sesquicentennial processed emblem. The special plate fees collected by the director under subsection 12, paragraphs “a” and “c”, from the issuance and annual validation of letter-number designated and personalized civil war sesquicentennial plates shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the department of cultural affairs the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for civil war sesquicentennial plates, and such funds are appropriated to the department of cultural affairs to be used for the Iowa battle flag project.26.Fallen peace officers plates.a.  The department, in consultation with the department of public safety and concerns of police survivors, inc., shall design a fallen peace officers distinguishing processed emblem. Upon receipt of two hundred fifty orders for fallen peace officers special registration plates, accompanied by a start-up fee of twenty dollars per order, the department shall begin issuing special registration plates with a fallen peace officers processed emblem as provided in paragraphs “b” and “c”.b.  An owner of a motor vehicle referred to in subsection 12, upon written application to the department, may order special registration plates with a fallen peace officers processed emblem. The special fee for letter-number designated fallen peace officers plates is thirty-five dollars. The fee for personalized fallen peace officers plates is twenty-five dollars, which shall be paid in addition to the special fallen peace officers fee of thirty-five dollars. The fees collected by the director under this paragraph shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the department of public safety the amount of the special fees collected in the previous month for the fallen peace officers plates and such funds are appropriated to the department of public safety. The department of public safety shall distribute one hundred percent of the funds received monthly in the form of grants to nonprofit organizations that provide resources to assist in the rebuilding of the lives of surviving families and affected coworkers of law enforcement officers killed in the line of duty. In the awarding of grants, the department of public safety shall give first consideration to concerns of police survivors, inc., and similar nonprofit organizations providing such resources. Notwithstanding section 8.33, moneys transferred under this subsection shall not revert to the general fund of the state.c.  Upon receipt of the special registration plates, the applicant shall surrender the current registration plates to the county treasurer. The county treasurer shall validate the special registration plates in the same manner as regular registration plates are validated under this section. The annual special fallen peace officers fee for letter-number designated plates is ten dollars, which shall be paid in addition to the regular annual registration fee. The annual special fee for personalized fallen peace officers plates is five dollars, which shall be paid in addition to the annual special fallen peace officers fee and the regular annual registration fee. The annual special fallen peace officers fee shall be credited and transferred as provided under paragraph “b”.27.United States veteran plates.a.  An owner referred to in subsection 12 who served in the armed forces of the United States and was discharged under honorable conditions may, upon written application to the department and upon presentation of satisfactory proof of military service and discharge under honorable conditions, order special registration plates bearing a distinguishing processed emblem depicting the word “veteran” below an image of the American flag. The application is subject to approval by the department. The special plate fees collected by the director under subsection 12, paragraph “a”, from the annual validation of letter-number designated United States veteran plates, and subsection 12, paragraph “c”, from the issuance and annual validation of personalized United States veteran plates, shall be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state shall transfer monthly from the statutory allocations fund created under section 321.145, subsection 2, to the veterans license fee fund created in section 35A.11 the amount of the special fees collected under subsection 12, paragraph “a”, in the previous month for United States veteran plates.b.  Notwithstanding subsection 12, paragraph “a”, an owner who is approved for a special registration plate under this subsection shall be issued one set of special registration plates bearing a distinguishing processed emblem depicting the word “veteran” below an image of the American flag at no charge.[SS15, §1571-m5; C24, 27, 31, 35, §4874; C39, §5001.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.34]82 Acts, ch 1032, §2, 4, 82 Acts, ch 1062, §4, 38, 84 Acts, ch 1027, §1, 84 Acts, ch 1250, §1, 84 Acts, ch 1305, §49, 85 Acts, ch 67, §35, 85 Acts, ch 87, §1, 86 Acts, ch 1182, §1, 86 Acts, ch 1225, §1, 87 Acts, ch 77, §1, 88 Acts, ch 1215, §1 – 4, 88 Acts, ch 1222, §1, 89 Acts, ch 17, §1, 89 Acts, ch 27, §1, 89 Acts, ch 247, §4, 89 Acts, ch 296, §27, 89 Acts, ch 317, §31, 90 Acts, ch 1128, §1, 90 Acts, ch 1151, §1, 91 Acts, ch 49, §1, 2, 91 Acts, ch 58, §1, 91 Acts, ch 259, §3, 92 Acts, ch 1175, §29, Acts, ch , §, 93 Acts, ch 2, §1, 94 Acts, ch 1104, §1, 95 Acts, ch 118, §7 – 9, 40, 96 Acts, ch 1065, §1, 96 Acts, ch 1088, §3, 4, 8, 96 Acts, ch 1171, §2, 96 Acts, ch 1219, §21 – 24, 97 Acts, ch 2, §1, 2, 97 Acts, ch 70, §3, 15, 97 Acts, ch 104, §8 – 10, 97 Acts, ch 108, §5, 97 Acts, ch 123, §1, 97 Acts, ch 212, §33, 98 Acts, ch 1079, §1 – 3, 99 Acts, ch 7, §1 – 9, 99 Acts, ch 114, §20, 99 Acts, ch 141, §38, 99 Acts, ch 180, §15, 2000 Acts, ch 1154, §21, 2000 Acts, ch 1157, §1, 2000 Acts, ch 1206, §1, 2001 Acts, ch 24, §73, 74, 2001 Acts, ch 32, §17, 2001 Acts, ch 144, §2, 3, 2002 Acts, ch 1119, §42, 2003 Acts, ch 3, §1, 2003 Acts, ch 7, §1 – 9, 2003 Acts, ch 105, §2, Acts, ch , §, 2004 Acts, ch 1013, §7 – 10, 35, 2004 Acts, ch 1175, §333, 347, 2005 Acts, ch 8, §9, 2007 Acts, ch 143, §9, 2007 Acts, ch 178, §2, 3, 2007 Acts, ch 184, §2 – 5, 7, 2007 Acts, ch 215, §106, 107, 130, 2008 Acts, ch 1018, §9 – 16, 2008 Acts, ch 1088, §118, 2008 Acts, ch 1113, §58 – 77, 2008 Acts, ch 1124, §4, 5, 2008 Acts, ch 1130, §8, 10, 2010 Acts, ch 1061, §180, 2010 Acts, ch 1069, §142, 2011 Acts, ch 68, §1, 5, 2011 Acts, ch 114, §2, 2011 Acts, ch 131, §59, 60, 158, 2012 Acts, ch 1093, §4, 2014 Acts, ch 1116, §11 – 28, 2015 Acts, ch 30, §98, 99, 205, 209, 2016 Acts, ch 1068, §1, 4, 2016 Acts, ch 1098, §3 – 11, 2017 Acts, ch 29, §91Referred to in 35A.11, 100B.12, 257.31, 303.9A, 321.105, 321.145, 321.166, 321L.1, 321L.2, 321L.2A, 331.557, 805.8A
For applicable scheduled fines, see §805.8A, subsection 2
2011 amendment to subsection 10, paragraph b, applies for registration plates issued during registration periods beginning on or after January 1, 2012; phased-in elimination of business-trade and special truck plates; 2011 Acts, ch 68, §4,5
321.35Plates — reflective material — bidding procedures.1.  All motor vehicle registration plates shall be treated with a reflective material according to specifications proposed by the director and approved by the commission.2.  The department shall not enter into any contract requiring an expenditure of at least five hundred thousand dollars for the manufacture of motor vehicle registration plates to be reissued to owners under this chapter unless competitive bidding procedures as provided in chapter 8A, subchapter III, are followed.[C62, 66, 71, 73, 75, 77, 79, 81, §321.35]1995 Acts, ch 118, §10; 2003 Acts, ch 145, §247Referred to in 331.557321.36  Reserved.321.37Display of plates.1.  Registration plates issued for a motor vehicle other than an autocycle, motorcycle, motorized bicycle, or truck tractor shall be attached to the motor vehicle, one in the front and the other in the rear. The registration plate issued for an autocycle, motorcycle, or other vehicle required to be registered hereunder shall be attached to the rear of the vehicle. The registration plate issued for a truck tractor shall be attached to the front of the truck tractor. The special plate issued to a dealer shall be attached on the rear of the vehicle when operated on the highways of this state.2.  Registration plates issued for a motor vehicle which is model year 1948 or older, and reconstructed or specially constructed vehicles built to resemble a model year 1948 vehicle or older, other than a truck registered for more than five tons, autocycle, motorcycle, or truck tractor, may display one registration plate on the rear of the vehicle if the other registration plate issued to the vehicle is carried in the vehicle at all times when the vehicle is operated on a public highway.3.  It is unlawful for the owner of a vehicle to place any frame around or over the registration plate which does not permit full view of all numerals and letters printed on the registration plate.[S13, §1571-m11; C24, 27, 31, 35, §4877; C39, §5001.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.37]84 Acts, ch 1305, §50, 90 Acts, ch 1233, §16, 97 Acts, ch 104, §11, 2016 Acts, ch 1098, §12Referred to in 321.57, 331.557, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.38Plates method of attaching — imitations prohibited.Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. An imitation plate or plates imitating or purporting to imitate the official registration plate of any other state or territory of the United States or of any foreign government shall not be fastened to the vehicle.[S13, §1571-m11; C24, 27, 31, 35, §4877; C39, §5001.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.38]1985 Acts, ch 195, §32Referred to in 321.57, 331.557, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.39Expiration of registration.Except as provided in this chapter every vehicle registration, registration card, and registration plate shall expire as follows:1.  For vehicles registered by the county treasurer, at midnight on the last day of the registration year. A person shall not be considered to be driving a motor vehicle with an expired registration for a period of one month following the expiration date of the vehicle registration. The one-month period shall be the same as the period defined in section 321.134, subsection 1.2.  For vehicles on which the first installment of an annual registration fee has been paid, at midnight on the last day of June or the first business day of July when June 30 falls on Saturday, Sunday, or a holiday; for vehicles on which the second installment of an annual registration fee has been paid, at midnight on the last day of December or the first business day of January when December 31 falls on Saturday, Sunday, or a holiday.3.  For vehicles registered without payment of annual registration fees as provided in section 321.19, when designated by the department.4.  Registration for every vehicle registered by the county treasurer shall expire upon transfer of ownership.[S13, §1571-m16; C24, 27, 31, 35, §4868; C39, §5001.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.39]82 Acts, ch 1062, §5, 38, Acts, ch , §, 2003 Acts, ch 24, §3, 2008 Acts, ch 1113, §78, 2012 Acts, ch 1093, §5Referred to in 331.557321.40Application for renewal — notification — reasons for refusal.1.  Application for renewal for a vehicle registered under this chapter shall be made on or after the first day of the month prior to the month of expiration of registration and up to and including the last day of the month following the month of expiration of registration. The registration shall be renewed upon payment of the appropriate annual registration fee. Application for renewal for a vehicle registered under chapter 326 shall be made on or after the first day of the month prior to the month of expiration of registration and up to and including the last day of the month of expiration of registration.2.  On or before the fifteenth day of the eleventh month of a vehicle’s registration year, the department shall create an electronic file and the county treasurer shall send a statement of fees due to the appropriate owner of record. After the department has generated the electronic file used to produce statements for a registration month, and before the fifteenth day of the month following expiration of a vehicle’s registration year, the department shall create a subsequent electronic file and the county treasurer shall send a statement of fees due to the appropriate owner of record for any vehicle subsequently registered for that registration month. The statement shall be mailed or electronically transmitted to the most current address of record, showing information sufficient to identify the vehicle and a listing of the various fees as appropriate. Failure to receive a statement shall have no effect upon the accrual of penalty at the appropriate date.3.  Registration receipts issued for renewals shall have the word “renewal” imprinted thereon and, if the owner making a renewal application has been issued a certificate of title, the title number shall appear on the registration receipt. All registration receipts for renewals shall be typewritten or printed by other mechanical means. The applicant shall receive a registration receipt.4.  The county treasurer shall refuse to renew the registration of a vehicle registered to a person when notified by the department through the distributed teleprocessing network that the person has not paid restitution as defined under section 910.1, subsection 4, to a clerk of the court located within the state. Each clerk of court shall, on a daily basis, notify the department through the Iowa court information system of the full name and social security number of all persons who owe delinquent restitution and whose restitution obligation has been satisfied or canceled. This subsection does not apply to the transfer of a registration or the issuance of a new registration.5.  The county treasurer shall refuse to renew the registration of a vehicle registered to the applicant for renewal of registration if the applicant has failed to pay any local vehicle taxes due in that county on that vehicle or any other vehicle owned or previously owned by the applicant until such local vehicle taxes are paid.6.a.  The department or the county treasurer shall refuse to renew the registration of a vehicle registered to the applicant if the department or the county treasurer knows that the applicant has a delinquent account, charge, fee, loan, taxes, or other indebtedness owed to or being collected by the state, from information provided pursuant to sections 8A.504 and 421.17. An applicant may contest this action by initiating a contested case proceeding with the agency that referred the debt for collection pursuant to section 8A.504. The department of revenue and the department of transportation shall notify the county treasurers through the distributed teleprocessing network of persons who owe such a delinquent account, charge, fee, loan, taxes, or other indebtedness.b.  The county treasurer of the county of the person’s residence and in which the person’s vehicle is registered, in cooperation with the department of revenue, may collect delinquent taxes including penalties and interest owed to the state from a person applying for renewal of a vehicle registration. The applicant may remit full payment of the taxes including applicable penalties and interest, along with a processing fee of five dollars, to the county treasurer at the time of registration renewal. Upon full payment of the required taxes including applicable penalties and interest, the processing fee, and the vehicle registration fee, the county treasurer shall issue the registration to the person. A county treasurer collecting on behalf of the department of revenue shall update the vehicle registration records through the distributed teleprocessing network on a daily basis for all persons who have paid taxes pursuant to this subsection. A county treasurer shall forward all funds collected for the department of revenue to the department of revenue. 7.a.  The department or the county treasurer shall refuse to renew the registration of a vehicle registered to an applicant if the department or the county treasurer knows that the applicant has not paid a civil penalty imposed on the applicant pursuant to section 321N.3, subsection 3. An applicant may contest this action by initiating a contested case proceeding with the department. The department shall notify the county treasurers through the distributed teleprocessing network of persons who have not paid such civil penalties.b.  The county treasurer of the county of an applicant’s residence and in which the applicant’s vehicle is registered, in cooperation with the department, may collect a civil penalty imposed on the applicant pursuant to section 321N.3, subsection 3, when the applicant applies for renewal of a vehicle registration. The applicant may remit full payment of the civil penalty, along with a processing fee of five dollars, to the county treasurer at the time of registration renewal. Upon full payment of the civil penalty, the processing fee, and the vehicle registration fee, the county treasurer shall issue the registration to the applicant. A county treasurer collecting a civil penalty on behalf of the department pursuant to this subsection shall update the vehicle registration records through the distributed teleprocessing network on a daily basis for all applicants who have paid civil penalties pursuant to this subsection. A county treasurer shall forward all funds collected on behalf of the department to the department.8.  The county treasurer shall refuse to renew the registration of a vehicle registered to an applicant if the county treasurer knows that the applicant has one or more uncontested, delinquent parking tickets issued pursuant to section 321.236, subsection 1, paragraph “b”, owing to the county, or owing to a city with which the county has an agreement authorized under section 331.553. However, a county treasurer may renew the registration if the treasurer determines that an error was made by the county or city in identifying the vehicle involved in the parking violation or if the citation has been dismissed as against the owner of the vehicle pursuant to section 321.484. This subsection does not apply to the transfer of a registration or the issuance of a new registration. Notwithstanding section 28E.10, a county treasurer may utilize the department’s vehicle registration and titling system to facilitate the purposes of this subsection.9.  When application is made for the renewal of a motor vehicle registration on or after December 1, 1982, the person in whose name the registration is recorded shall notify the county treasurer of the type of fuel used by the vehicle if the type of fuel used is different from that which is shown on the registration receipt. If a motor vehicle registration indicates that the vehicle uses or may use a special fuel as defined in chapter 452A the county treasurer shall issue a special fuel user identification sticker. The person who owns or controls the vehicle shall affix the sticker in a prominent place on the vehicle adjacent to the place where the special fuel is delivered into the motor vehicle fuel supply tank.10.a.  The clerk of the district court shall notify the county treasurer of any delinquent court debt, as defined in section 602.8107, which is being collected by the private collection designee pursuant to section 602.8107, subsection 3, or the county attorney pursuant to section 602.8107, subsection 4. The county treasurer shall refuse to renew the vehicle registration of the applicant upon such notification from the clerk of the district court in regard to such applicant.b.  If the applicant enters into or renews an installment agreement as defined in section 602.8107, that is satisfactory to the private collection designee, the county attorney, or the county attorney’s designee, the private collection designee, county attorney, or a county attorney’s designee shall provide the county treasurer with written or electronic notice of the installment agreement within five days of entering into the installment agreement. The county treasurer shall temporarily lift the registration hold on an applicant for a period of ten days if the treasurer receives such notice in order to allow the applicant to register a vehicle for the year. If the applicant remains in compliance with the installment agreement entered into with the private collection designee or the county attorney or the county attorney’s designee, subsequent lifts of registration holds shall be granted without additional restrictions.[S13, §1571-m6; C24, 27, 31, 35, §4875; C39, §5001.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.40; 1982 Acts, ch 1218, §1]82 Acts, ch 1062, §6, 7, 38, 85 Acts, ch 32, §78, 85 Acts, ch 77, §1, 85 Acts, ch 87, §2, 95 Acts, ch 57, §1, 95 Acts, ch 169, §1, 10, 95 Acts, ch 194, §4, 12, 97 Acts, ch 104, §12, 61, 2000 Acts, ch 1028, §2, 4, 2002 Acts, ch 1043, §1, 2003 Acts, ch 145, §248, 2005 Acts, ch 54, §1, 12, 2007 Acts, ch 126, §54, 2008 Acts, ch 1113, §79, 2008 Acts, ch 1172, §18, 2009 Acts, ch 41, §250, 2010 Acts, ch 1146, §2, 3, 26, 2012 Acts, ch 1093, §6, 2015 Acts, ch 138, §89, 161, 162, 2016 Acts, ch 1101, §2, 24, 2017 Acts, ch 29, §92, 93Referred to in 321.34, 321.152, 321.153, 321.236, 331.553, 331.557, 364.2, 421.17, 422.20, 422.72, 423B.2321.41Change of address or name or fuel type.1.  Whenever any person after making application for or obtaining the registration of a vehicle shall move from the address named in the application or shown upon a registration card such person shall within ten days thereafter notify the county treasurer of the county in which the registration of said vehicle is of record, in writing of the person’s old and new addresses.2.  Whenever the name of any person who has made application for or obtained the registration of a vehicle is thereafter legally changed such person shall within ten days notify the county treasurer of the county in which the title of said vehicle is of record, of such former and new name.3.  A person who has registered a vehicle in a county, other than the county designated on the vehicle registration plate, may apply to the county treasurer where the vehicle is registered for new registration plates upon payment of a fee of five dollars and the return of the former county registration plates.4.  When a motor vehicle is modified to use a different fuel type or to use more than one fuel type the person in whose name the vehicle is registered shall within thirty days notify the county treasurer of the county in which the registration of the vehicle is of record of the new fuel type or alternative fuel types. The county treasurer shall make the record of such changes available to the department of revenue. If the vehicle uses or may use a special fuel the county treasurer shall issue a special fuel identification sticker.[C39, §5001.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.41; 1982 Acts, ch 1218, §2]2003 Acts, ch 145, §286Referred to in 331.557, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.42Lost or damaged certificates, cards, and plates — replacements.1.  If a registration card, plate, or pair of plates is lost or becomes illegible, the owner shall immediately apply for replacement. The fee for a replacement registration card is three dollars. The fee for a replacement plate or pair of plates other than a replacement of a special plate issued pursuant to section 321.60 is five dollars. The fee for replacement of a special plate issued pursuant to section 321.60 is forty dollars. When the owner has furnished information required by the department and paid the proper fee, a duplicate, substitute, or new registration card, plate, or pair of plates may be issued. The county treasurer or the department may waive the fee for a replacement plate if the plate is lost during a documented accident.2.a.  If a certificate of title is lost or destroyed, the owner or lienholder shall apply for a replacement copy of the original certificate of title. The owner or lienholder of a motor vehicle may also apply for a replacement copy of the original certificate of title upon surrender of the original certificate of title with the application. The application shall be made to the department or county treasurer who issued the original certificate of title. The application shall be signed by the owner or lienholder and accompanied by a fee of twenty dollars.b.  After five days, the department or county treasurer shall issue a replacement copy using the applicant’s most recent bona fide address; however, the five-day waiting period does not apply to an applicant who is a lienholder or to an applicant who has surrendered the original certificate of title to the department or county treasurer. The replacement copy shall be clearly marked “replacement” and shall include security interests and liens. When a replacement copy has been issued, the previous certificate is void. The department or county treasurer is not authorized to refund fees collected for a replacement title under this section or section 321.52A.c.  If a security interest noted on the face of an original certificate of title was released by the lienholder on a separate form pursuant to section 321.50, subsection 5, and the signature of the lienholder, or the person executing the release on behalf of the lienholder, is notarized, but the lienholder has not delivered the original certificate to the appropriate party as provided in section 321.50, subsection 5, the owner may apply for and receive a replacement certificate of title without the released security interest noted thereon. The lienholder shall return the original certificate of title to the department or to the treasurer of the county where the title was issued.d.  A new purchaser or transferee is entitled to receive an original title upon presenting the assigned replacement copy to the treasurer of the county where the new purchaser or transferee resides. At the time of purchase, a purchaser may require the seller to indemnify the purchaser and all future purchasers of the vehicle against any loss which may be suffered due to claims on the original certificate. A person recovering an original certificate of title for which a replacement has been issued shall surrender the original certificate to the county treasurer or the department.3.  If a county treasurer mails vehicle registration documents which become lost or are damaged in transit through the United States postal service, the person to whom the documents were being sent may apply for reissuance without cost. The application shall be made with the county treasurer who originally issued the documents not less than twenty days from the date the documents were placed with the United States postal service. If the original documents are received after reissuance of duplicates, the original documents shall be surrendered to the county treasurer within five days of the time they are received.[SS15, §1571-m5; C24, 27, 31, 35, §4886; C39, §5001.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §321.42; 1981 Acts, ch 102, §1]1984 Acts, ch 1305, §51; 1985 Acts, ch 209, §1; 1999 Acts, ch 13, §6; 2000 Acts, ch 1016, §43,47; 2004 Acts, ch 1013, §11,35; 2005 Acts, ch 34, §4,26; 2006 Acts, ch 1068, §11; 2008 Acts, ch 1113, §16,21; 2008 Acts, ch 1124, §6Referred to in 312.2, 321.52A, 331.557, 648.22A
Surcharge imposed; §321.52A
321.43New identifying numbers.The department may assign a distinguishing number to a vehicle when the vehicle identification number on the vehicle is destroyed or obliterated and issue to the owner a special plate bearing the distinguishing number which shall be affixed to the vehicle in a position to be determined by the director. The vehicle shall be registered and titled under the distinguishing number in lieu of the former vehicle identification number within thirty days of issuance of the distinguishing number.[C27, 31, 35, §5083-b4; C39, §5001.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.43]1984 Acts, ch 1067, §31; 2005 Acts, ch 8, §10; 2005 Acts, ch 179, §126Referred to in 331.557321.44Rules governing change of engines, drivetrain assemblies, and related parts.The director shall adopt and enforce rules governing registration and titling of motor vehicles as deemed necessary by the director and compatible with the public interest with respect to the change or substitution of engines, drivetrain assemblies or related parts in any motor vehicle.[C39, §5001.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.44]1988 Acts, ch 1278, §32Referred to in 331.557321.44AVoluntary contribution — anatomical gift public awareness and transplantation fund — amount retained by county treasurer.For each application for registration or renewal, the county treasurer or the department shall request through use of a written form, and, if the application is made in person, through verbal communication, that an applicant make a voluntary contribution of one dollar or more to the anatomical gift public awareness and transplantation fund established pursuant to section 142C.15. One hundred percent of the moneys collected by the county and one hundred percent of the moneys collected by the department in the form of contributions shall be remitted to the treasurer of state for deposit in the fund to be used for the purposes specified for the fund. However, up to five percent of the moneys collected by the county may be retained by the county treasurer for deposit in the general fund of the county. The director shall adopt rules to administer this section.1996 Acts, ch 1076, §3; 1997 Acts, ch 121, §1; 1998 Acts, ch 1107, §8Referred to in 142C.15, 331.557TRANSFERS OF TITLE OR INTEREST321.45Title must be transferred with vehicle.1.a.  No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new vehicle subject to registration under the provisions of this chapter to a dealer to be used by such dealer for purposes of display and lease or resale without delivering to such dealer a manufacturer’s or importer’s certificate duly executed and with such assignments thereon as may be necessary to show title in the purchaser thereof; nor shall such dealer purchase or acquire a new vehicle that is subject to registration without obtaining from the seller thereof such manufacturer’s or importer’s certificate. In addition to the assignments stated herein, such manufacturer’s or importer’s certificate shall contain thereon the identification and description of the vehicle delivered and the name and address of the dealer to whom said vehicle was originally sold over the signature of an authorized official of the manufacturer or importer who made the original delivery.b.  For each new mobile home, manufactured home, travel trailer, and camping trailer said manufacturer’s or importer’s certificate shall also contain thereon the exterior length and exterior width of said vehicle not including any area occupied by any hitching device, and the manufacturer’s shipping weight.c.  Completed motor vehicles, other than class “B” motor homes, which are converted, modified, or altered shall retain the identity and model year of the original manufacturer of the vehicle. Motor homes and all other motor vehicles manufactured from chassis or incomplete motor vehicles manufactured by another may have the identity and model year assigned by the final manufacturer.d.  Notwithstanding paragraph “c”, a glider kit vehicle shall take the identity of the new cab and the new frame used in the assembly of the glider kit vehicle.2.a.   A person shall not acquire any right, title, claim, or interest in or to any vehicle subject to registration under this chapter from the owner thereof except by virtue of a certificate of title issued or assigned to the person for such vehicle or by virtue of a manufacturer’s or importer’s certificate delivered to the person for such vehicle and waiver or estoppel shall not operate in favor of any person claiming title to or interest in any vehicle against a person having possession of the certificate of title or manufacturer’s or importer’s certificate for such vehicle for a valuable consideration except in the following cases:(1)  The perfection of a lien or security interest as provided in section 321.50.(2)  The perfection of a security interest in new or used vehicles held as inventory for sale as provided in uniform commercial code, chapter 554, article 9.(3)  A dispute between a buyer and the selling dealer who has failed to deliver or procure the certificate of title as promised.(4)  Except for the purposes of section 321.493.(5)  The vehicle is disposed of pursuant to section 321.52, subsection 2, paragraph “b”.(6)  An insurer obtains a salvage certificate of title for a vehicle pursuant to section 321.52, subsection 4, paragraph “a”.b.  Except in the cases enumerated in paragraph “a”, no court in any case at law or equity shall recognize the right, title, claim, or interest of any person in or to any vehicle subject to registration sold or disposed of, or mortgaged or encumbered, unless evidenced by a certificate of title or manufacturer’s or importer’s certificate duly issued or assigned in accordance with the provisions of this chapter.3.  Upon the transfer of any registered vehicle, the owner, except as otherwise provided in this chapter, shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement of all liens and encumbrances thereon, and the owner shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle except as otherwise provided in this chapter. The owner shall indicate to the transferee the name of the county in which the vehicle was last registered and the registration expiration date.4.  After acquiring a used mobile home or manufactured home to be titled in Iowa, a manufactured or mobile home retailer, as defined in section 103A.51, shall within thirty days apply for and obtain from the county treasurer of the county where the mobile home or manufactured home is located a new certificate of title for the mobile home or manufactured home. In the event that there is a prior lien or encumbrance to be released, as required by section 321.50, subsection 5, the thirty-day time period in this subsection does not begin to run until the lien or encumbrance is released.[S13, §1571-m9; C24, 27, 31, 35, §4961; C39, §5002.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.45; 1982 Acts, ch 1251, §10]87 Acts, ch 130, §2, 88 Acts, ch 1215, §5, 95 Acts, ch 57, §2, 99 Acts, ch 188, §6, 7, 2000 Acts, ch 1085, §1, 2001 Acts, ch 153, §17, 2002 Acts, ch 1119, §43, 2004 Acts, ch 1013, §12, 35, 2006 Acts, ch 1090, §17, 26, 2010 Acts, ch 1069, §90, 2013 Acts, ch 96, §1, 2013 Acts, ch 103, §8, 21, 2015 Acts, ch 52, §1, 14, 2017 Acts, ch 31, §1Referred to in 103A.55, 321.20, 321.46, 321.49, 321.67, 321.104, 321.493, 331.557, 805.8A
For applicable scheduled fines, see §805.8A, subsection 2
321.46New title and registration upon transfer of ownership — credit.1.  The transferee shall, within thirty calendar days after purchase or transfer, apply for and obtain from the county treasurer of the person’s residence, or if a nonresident, the county treasurer of the county where the primary users of the vehicle are located or the county where all other vehicles owned by the nonresident are registered, or in the case of a mobile home or manufactured home, the county treasurer of the county where the mobile home or manufactured home is located, or if a firm, association, or corporation with vehicles in multiple counties, the transferee may apply for and obtain from the county treasurer of the county where the primary user of the vehicle is located, a new registration and a new certificate of title for the vehicle, except as provided in section 321.25, 321.48, or 322G.12, or when the transferee obtains the vehicle pursuant to section 321.52, subsection 2, paragraph “b”. The transferee shall present with the application the certificate of title endorsed and assigned by the previous owner and shall indicate the name of the county in which the vehicle was last registered and the registration expiration date.2.  Upon filing the application for a new registration and a new title, the applicant shall pay a title fee of twenty dollars, an annual registration fee prorated for the remaining unexpired months of the registration year, and a fee for new registration if applicable. A manufacturer applying for a certificate of title pursuant to section 322G.12 shall pay a title fee of ten dollars. However, a title fee shall not be charged to a manufactured or mobile home retailer applying for a certificate of title for a used mobile home or manufactured home, titled in Iowa, as required under section 321.45, subsection 4. The county treasurer, if satisfied of the genuineness and regularity of the application, and in the case of a mobile home or manufactured home, that taxes are not owing under chapter 435, and that applicant has complied with all the requirements of this chapter, shall issue a new certificate of title and, except for a mobile home, manufactured home, or a vehicle returned to and accepted by a manufacturer as described in section 322G.12, a registration card to the purchaser or transferee, shall cancel the prior registration for the vehicle, and shall forward the necessary copies to the department on the date of issuance, as prescribed in section 321.24. Mobile homes or manufactured homes titled under chapter 448 that have been subject under section 446.18 to a public bidder sale in a county shall be titled in the county’s name, with no fee, and the county treasurer shall issue the title.3.  The applicant shall be entitled to a credit for that portion of the annual registration fee of the vehicle sold, traded, transferred, or junked which had not expired prior to the transfer of ownership of the vehicle. The annual registration fee for the new registration for the vehicle acquired shall be reduced by the amount of the credit. The credit shall be computed on the basis of the number of months remaining in the registration year, rounded to the nearest whole dollar. The credit shall be subject to the following limitations:a.  The credit shall be claimed within six months from the date the vehicle for which credit is granted was sold, traded, transferred, or junked. After six months, all credits shall be disallowed.b.  Any credit granted to the owner of a vehicle which has been sold, traded, transferred, or junked may only be claimed by that person toward the annual registration fee for another vehicle purchased and the credit may not be sold, transferred, or assigned to any other person.c.  When the amount of the credit is computed to be an amount of less than ten dollars, a credit shall be disallowed.d.  To claim a credit for the unexpired annual registration fee on a junked vehicle, the county treasurer shall disallow any claim for credit unless the owner presents a junking certificate or other evidence as required by the department to the county treasurer.e.  A credit shall not be allowed to any person who has made claim to receive a refund under section 321.126.f.  If the credit allowed exceeds the amount of the annual registration fee for the vehicle acquired, the owner may claim a refund under section 321.126, subsection 1, paragraph “f”, for the balance of the credit.g.  The credit shall be computed on the unexpired number of months computed from the date of purchase of the vehicle acquired.4.  If the annual registration fee upon application is delinquent, the applicant shall be required to pay the delinquent fee from the first day the annual registration fee was due prorated to the month of application for new title.5.  The seller or transferor may file an affidavit on forms prescribed and provided by the department with the county treasurer of the county where the vehicle is registered certifying the sale or transfer of ownership of the vehicle and the assignment and delivery of the certificate of title for the vehicle. Upon receipt of the affidavit, the county treasurer shall file the affidavit with the copy of the registration receipt for the vehicle on file in the treasurer’s office and on that day the treasurer shall note receipt of the affidavit in the vehicle registration and titling system. Upon filing the affidavit, it shall be presumed that the seller or transferor has assigned and delivered the certificate of title for the vehicle. For a leased vehicle, the lessor licensed pursuant to chapter 321F or the lessee may file an affidavit as provided in this subsection certifying that the lease has expired or been terminated and the date that the leased vehicle was surrendered to the lessor.6.  An applicant for a new registration for a vehicle transferred to the applicant by a spouse, parent, or child of the applicant, or by operation of law upon inheritance, devise or bequest, from the applicant’s spouse, parent, or child, or by a former spouse pursuant to a decree of dissolution of marriage, is entitled to a credit to be applied to the annual registration fee for the transferred vehicle. A credit shall not be allowed unless the vehicle to which the credit applies is registered within the time specified under subsection 1. The credit shall be computed on the basis of the number of unexpired months remaining in the registration year of the former owner computed from the date the vehicle was transferred, computed to the nearest whole dollar. The credit may exceed the amount of the annual registration fee for the transferred vehicle. When the amount of the credit is computed to be an amount of less than ten dollars, the credit shall be disallowed. The credit shall not be sold, transferred, or assigned to any other person.7.  If a motor vehicle is leased and the lessee purchases the vehicle upon termination of the lease, the lessor shall, upon claim by the lessee with the lessor within six months of the purchase, assign the annual registration fee credit and registration plates for the leased motor vehicle to the lessee. Credit shall be applied as provided in subsection 3.[S13, §1571-m9; C24, 27, 31, 35, §4962; C39, §5002.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.46; 1982 Acts, ch 1251, §11]82 Acts, ch 1062, §8, 38, 83 Acts, ch 24, §2 – 4, 12, 83 Acts, ch 82, §2, 84 Acts, ch 1305, §52, 85 Acts, ch 87, §3, 87 Acts, ch 130, §3, 88 Acts, ch 1215, §6, 90 Acts, ch 1154, §1 – 5, 91 Acts, ch 191, §6, 93 Acts, ch 87, §3, 98 Acts, ch 1073, §9, 99 Acts, ch 188, §8, 2000 Acts, ch 1016, §6, 2000 Acts, ch 1047, §2, 4, 2001 Acts, ch 153, §17, 18, 2002 Acts, ch 1119, §44, 2004 Acts, ch 1013, §13, 14, 35, 2005 Acts, ch 34, §5, 26, 2006 Acts, ch 1068, §12, 13, 2006 Acts, ch 1070, §6, 2008 Acts, ch 1113, §17, 21, 80, 2010 Acts, ch 1069, §143, 2013 Acts, ch 22, §1 – 3, 2014 Acts, ch 1110, §1, 2, 2015 Acts, ch 52, §2, 14Referred to in 312.2, 321.34, 321.47, 321.48, 321.52, 321.52A, 321.105, 321.109, 321.113, 321.121, 321.122, 321.126, 322G.12, 331.557, 805.8A
Surcharge imposed; §321.52A
For applicable scheduled fines, see §805.8A, subsection 2
321.46AChange from apportioned registration credit.An owner changing a vehicle’s registration from apportioned registration under chapter 326 to registration under this chapter shall be entitled to a credit on the vehicle’s annual registration fees under this chapter. The credit may be allowed when the owner surrenders to the county treasurer proof of apportioned registration provided by the department. The amount of the credit shall be calculated based on the unexpired complete calendar months remaining in the registration year from the date the application is filed with the county treasurer.87 Acts, ch 108, §6, 2008 Acts, ch 1113, §81, 2012 Acts, ch 1093, §7Referred to in 331.557321.47Transfers by operation of law.1.  If ownership of a vehicle is transferred by operation of law upon inheritance, devise or bequest, dissolution decree, order in bankruptcy, insolvency, replevin, foreclosure or execution sale, abandoned vehicle sale, or when the engine of a motor vehicle is replaced by another engine, or a vehicle is sold or transferred to satisfy an artisan’s lien as provided in chapter 577, a landlord’s lien as provided in chapter 570, a storage lien as provided in chapter 579, a judgment in an action for abandonment of a manufactured or mobile home as provided in chapter 555B, upon presentation of an affidavit relating to the disposition of a valueless mobile, modular, or manufactured home as provided in chapter 555C, or repossession is had upon default in performance of the terms of a security agreement, the county treasurer in the transferee’s county of residence or, in the case of a mobile home or manufactured home, the county treasurer of the county where the mobile home or manufactured home is located, upon the surrender of the prior certificate of title or the manufacturer’s or importer’s certificate, or when that is not possible, upon presentation of satisfactory proof to the county treasurer of ownership and right of possession to the vehicle and upon payment of a fee of twenty dollars and the presentation of an application for registration and certificate of title, may issue to the applicant a registration card for the vehicle and a certificate of title to the vehicle. A person entitled to ownership of a vehicle under a decree of dissolution shall surrender a reproduction of a certified copy of the dissolution and upon fulfilling the other requirements of this chapter is entitled to a certificate of title and registration receipt issued in the person’s name.2.  The persons entitled under the laws of descent and distribution of an intestate’s property to the possession and ownership of a vehicle owned in whole or in part by a decedent, upon filing an affidavit stating the name and date of death of the decedent, the right to possession and ownership of the persons filing the affidavit, and that there has been no administration of the decedent’s estate, which instrument shall also contain an agreement to indemnify creditors of the decedent who would be entitled to levy execution upon the motor vehicle to the extent of the value of the motor vehicle, are entitled upon fulfilling the other requirements of this chapter, to the issuance of a registration card for the interest of the decedent in the vehicle and a certificate of title to it. If a decedent dies testate, and either the will is not probated or is admitted to probate without administration, the persons entitled to the possession and ownership of a vehicle owned in whole or in part by the decedent may file an affidavit and, upon fulfilling the other requirements of this chapter, are entitled to the issuance of a registration card for the interest of the decedent in the vehicle and a certificate of title to the vehicle. The affidavit shall contain the same information and indemnity agreement as is required in cases of intestacy pursuant to this section. A requirement of chapter 450 shall not be considered satisfied by the filing of the affidavit provided for in this section. If, from the records in the office of the county treasurer, there appear to be any liens on the vehicle, the certificate of title shall contain a statement of the liens unless the application is accompanied by proper evidence of their satisfaction or extinction. Evidence of extinction may consist of, but is not limited to, an affidavit of the applicant stating that a security interest was foreclosed as provided in chapter 554, article 9, part 6. The department shall waive the certificate of title fee and surcharge required under sections 321.20, 321.20A, 321.23, 321.46, 321.52, and 321.52A if the person entitled to possession and ownership of a vehicle, as provided in this subsection, is the surviving spouse of a decedent.3.  Whenever ownership of a vehicle is transferred under the provisions of this section, the registration plates shall be removed and forwarded to the county treasurer of the county where the vehicle is registered or to the department if the vehicle is owned by a nonresident. Upon transfer the vehicle shall not be operated upon the highways of this state until the person entitled to possession of the vehicle applies for and obtains registration for the vehicle.4.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2.[S13, §1571-m9; C24, 27, 31, 35, §4963; C39, §5002.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.47]84 Acts, ch 1243, §1, 84 Acts, ch 1305, §53, 91 Acts, ch 119, §1, 93 Acts, ch 154, §2, 95 Acts, ch 118, §11, 99 Acts, ch 83, §2, 2000 Acts, ch 1149, §165, 187, 2000 Acts, ch 1203, §2, 2001 Acts, ch 137, §5, 2001 Acts, ch 153, §15, 2001 Acts, ch 176, §80, 2004 Acts, ch 1092, §2, 2005 Acts, ch 34, §6, 26, 2008 Acts, ch 1113, §18, 21, 2008 Acts, ch 1119, §5, 2010 Acts, ch 1138, §51, 2010 Acts, ch 1190, §33, 2011 Acts, ch 38, §3, 2014 Acts, ch 1076, §14Referred to in 312.2, 321.52A, 321.69, 321.104, 321.105A, 321.113, 321.121, 321.122, 331.557, 555C.3, 578A.4, 805.8A
Surcharge imposed; §321.52A
321.48Vehicles acquired for resale.1.a.  When the transferee of a vehicle is a dealer who holds the vehicle for resale and operates the vehicle only for purposes incident to a resale and displays a dealer plate on the vehicle or does not drive such vehicle or permit it to be driven upon the highways, such transferee shall not be required to obtain a new registration or a new certificate of title but upon transferring title or interest to another person shall execute and acknowledge an assignment and warranty of title upon the certificate of title assigned to the person and deliver the same to the person to whom such transfer is made.b.  A dealer licensed pursuant to chapter 322 or chapter 322C who has acquired a vehicle for resale which is subject to a security interest as provided in section 321.50 and who has forwarded to the secured party the sum necessary to discharge the security interest may offer the vehicle for sale prior to the receipt from the county treasurer of the certificate of title for the vehicle with the lien discharged for a period of not more than thirty days from the date the vehicle was acquired and the provisions of section 321.104, subsection 2, shall not apply.2.  A foreign registered vehicle purchased or otherwise acquired by a dealer for the purpose of resale shall be issued a certificate of title for the vehicle by the county treasurer of the dealer’s residence upon proper application as provided in this chapter and upon payment of a fee of five dollars and the dealer is exempt from the payment of any and all registration fees for the vehicle. The application for certificate of title shall be made within thirty days after the vehicle comes within the border of the state. However, a dealer acquiring a vehicle registered in another state which permits Iowa dealers to reassign that state’s certificates of title shall not be required to obtain a new registration or a new certificate of title and upon transferring title or interest to another person shall execute an assignment upon the certificate of title for the vehicle to the person to whom the transfer is made and deliver the assigned certificate of title to the person.3.  Notwithstanding subsections 1 and 2, requirements in those subsections for obtaining title to a vehicle or acknowledging assignment and warranty of title do not apply to a dealer who sells a motor vehicle to a purchaser in a consignment transaction authorized under section 322.7B.4.  In a transaction in which a vehicle is traded to a dealer as defined in chapter 322 or chapter 322C toward the purchase price of another vehicle and each vehicle is owned in whole or in part by the same person, the person acquiring the vehicle from the dealer shall be entitled to a credit under section 321.46.5.  A transferee of a new completed motor vehicle shall obtain a certificate of title for the vehicle but is not required to pay the annual registration fee for the vehicle, provided all of the following apply: a.  The transferee is an equipment dealer licensed as a motor vehicle dealer under chapter 322. b.  The transferee purchases the vehicle at retail for the purpose of modifying the vehicle as provided in section 321.105A, subsection 2, paragraph “c”, subparagraph (31), prior to selling it as a used vehicle to a business or government entity.c.  The transferee operates the vehicle only for purposes incidental to a resale.d.  The transferee displays a dealer plate on the vehicle or does not drive the vehicle or permit it to be driven upon the highways.6.  Nothing in this section shall be construed to prohibit a dealer from obtaining a new certificate of title or new registration in the same manner as other purchasers.[C24, 27, 31, 35, §4965; C39, §5002.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.48]82 Acts, ch 1062, §9, 38, 83 Acts, ch 82, §3, 84 Acts, ch 1169, §1, 84 Acts, ch 1305, §54, 88 Acts, ch 1215, §7, 90 Acts, ch 1116, §2, 99 Acts, ch 13, §7, 2003 Acts, ch 8, §11, 2010 Acts, ch 1061, §180, 2014 Acts, ch 1065, §1, 2014 Acts, ch 1123, §26Referred to in 321.23, 321.25, 321.30, 321.46, 321.49, 321.52A, 321.71, 321.104, 331.557, 805.8A
Surcharge imposed; §321.52A
For applicable scheduled fines, see §805.8A, subsection 2
321.49Time limit — penalty — power of attorney.1.  Except as provided in section 321.52, if an application for transfer of registration and certificate of title is not submitted to the county treasurer of the residence of the transferee within thirty days of the date of assignment or transfer of title, or within thirty days of the date of delivery to the purchaser if the vehicle is subject to a security interest and was offered for sale pursuant to section 321.48, subsection 1, a penalty of ten dollars shall accrue against the applicant, and no registration card or certificate of title shall be issued to the applicant for the vehicle until the penalty is paid.2.  Certificates of title to vehicles may be assigned by an attorney in fact of the owner under a power of attorney appointed and so empowered on forms provided by the department. Such power of attorney shall be filed by the transferee with the application for title.3.  A manufactured or mobile home retailer who acquires a used mobile home or manufactured home, titled in Iowa, and who does not apply for and obtain a certificate of title from the county treasurer of the county where the manufactured or mobile home is located within thirty days of the date of acquisition, as required under section 321.45, subsection 4, is subject to a penalty of ten dollars. A certificate of title shall not be issued to the manufactured or mobile home retailer until the penalty is paid.[C24, 27, 31, 35, §4966; C39, §5002.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.49]85 Acts, ch 209, §2, 87 Acts, ch 130, §4, 93 Acts, ch 47, §2, 99 Acts, ch 13, §8, 99 Acts, ch 188, §9, 2000 Acts, ch 1154, §22, 2001 Acts, ch 153, §17, 18, 2002 Acts, ch 1119, §45, 2013 Acts, ch 96, §2Referred to in 331.557321.50Security interest provisions.1.  A security interest in a vehicle subject to registration under the laws of this state or a mobile home or manufactured home, except trailers whose empty weight is two thousand pounds or less, and except new or used vehicles held by a dealer or manufacturer as inventory for sale, is perfected by the delivery to the county treasurer of the county where the certificate of title was issued or, in the case of a new certificate, to the county treasurer where the certificate will be issued, of an application for certificate of title which lists the security interest, or an application for notation of security interest signed by the owner or by one owner of a vehicle owned jointly by more than one person, or signed through electronic means as determined by the department, or a certificate of title from another jurisdiction which shows the security interest, and payment of a fee of ten dollars for each security interest shown. The department shall require the federal employer identification number of a secured party who is a firm, association, or corporation or, if a natural person, the social security number. Upon delivery of the application and payment of the fee, the county treasurer shall note the date of delivery on the application. If the delivery is by electronic means and the time is electronically recorded on the application along with the date, the time shall be included with the date on all subsequent documents and records where the date of perfection is required under this chapter. The date of delivery shall be the date of perfection of the security interest in the vehicle, regardless of the date the security interest is noted on the certificate of title. Up to three security interests may be perfected against a vehicle and shown on an Iowa certificate of title. If the owner or secured party is in possession of the certificate of title, it must also be delivered at this time. If a vehicle is subject to a security interest when brought into this state, the validity of the security interest and the date of perfection is determined by section 554.9303. Delivery as provided in this subsection constitutes perfection of a security interest on a certificate of title for purposes of this chapter and chapter 554.2.  Upon receipt of the application and the required fee, if the certificate of title was not delivered to the county treasurer along with the application, the county treasurer shall notify the holder of the certificate of title to deliver to the county treasurer, within five days from the receipt of notice, the certificate of title to permit notation of the security interest. If the holder of the certificate of title fails to deliver it within five days, the holder shall be liable to anyone harmed by the holder’s failure.3.  Upon receipt of the application, the certificate of title, if any, and the required fee, the county treasurer shall note the security interest and the date of perfection of the security interest on the certificate of title. The county treasurer shall also note the security interest and the date of perfection of the security interest in the county records system. Upon receipt of a certificate of title issued by a foreign jurisdiction, on which a security interest has been noted, the county treasurer shall note the security interest and the date the security interest was noted on the foreign certificate of title, if available, or if not, the date of issuance of the foreign certificate of title, on the face of the new certificate of title. The county treasurer shall also note the security interest and the date that was noted on the certificate of title in the county records system. The county treasurer shall then deliver the certificate of title to the first secured party as shown thereon.4.  Notwithstanding any provision of this section to the contrary, if a security interest has been delivered by electronic means, the county treasurer or department shall not print a certificate of title until all security interests have been released, but shall provide the first security interest holder with an electronic record of the certificate of title. When a vehicle is subject to an electronic lien, the certificate of title for the vehicle shall be considered to be physically held by the lienholder for purposes of compliance with odometer disclosure requirements under section 321.71.5.a.  When a security interest is discharged, the holder shall note a cancellation of the security interest on the face of the certificate of title over the holder’s signature or may note the cancellation of the security interest on a separate, notarized release form or letter. The holder shall deliver the certificate of title and the form or letter, if applicable, to the county treasurer where the title was issued. In the case of a security interest that has been delivered by electronic means, the holder shall notify the department or the county treasurer, in a manner prescribed by the department, of the release of the security interest. The county treasurer shall immediately note the cancellation of the security interest on the face of the certificate of title, if applicable, and in the county records system. The county treasurer shall on the same day deliver the certificate of title, if applicable, and the separate, notarized release form or letter, if applicable, to the then first secured party or, if there is no such person, to the person as directed by the owner, in writing, on a form prescribed by the department or, if there is no person designated, then to the owner. The cancellation of the security interest shall be noted on the certificate of title by the county treasurer without charge. The holder of a security interest discharged by payment who fails to release the security interest within fifteen days after being requested in writing to do so shall forfeit to the person making the payment the sum of twenty-five dollars.b.  If a lien has been released by the lienholder but has not been sent to the county of record for clearance of the lien, any county may note the release on the face of the title and shall notify the county of record that the lien has been released as of the specified date and make entry upon the computer system. Notification to the county of record shall be made by an automated statewide system or by sending a photocopy of the released title to the county of record.c.  When a security interest is discharged, the lienholder shall note the cancellation of the security interest on the face of the title and, if applicable, may note the cancellation of the security interest on a form prescribed by the department and deliver a copy of the form in lieu of the title to the department or to the treasurer of the county in which the title was issued. The form may be delivered by electronic means. The department or county treasurer shall note the release of the security interest upon the statewide computer system and the county’s records. A copy of the form, if used, shall be attached to the title by the lienholder, if the title is held by the lienholder, and shall be evidence of the release of the security interest. If the title is held by the lienholder, the lienholder shall deliver the title to the first lienholder, or if there is no such person, to the person as designated by the owner, or if there is no such person designated, to the owner. If a certificate of title has not been issued, upon release of a security interest, the lienholder shall notify the department or the county treasurer, in a manner prescribed by the department, of the release of the security interest.d.  For purposes of this subsection, a security interest noted on an Iowa certificate of title and appearing in the statewide computer system and the county’s records shall be presumed to be discharged upon presentation of a valid certificate of title subsequently issued by a foreign jurisdiction on which the security interest is no longer noted.6.  The uniform commercial code, chapter 554, article 9, shall apply to all transactions intended to create a security interest in vehicles except as provided in this chapter.7.  Upon request of any person, the county treasurer shall certify whether there are, on the date and hour stated therein, any security interests or liens against a vehicle and the name and address of each secured party. The uniform fee for a certification shall be two dollars if the request for the certification is on a form conforming to standards prescribed by the secretary of state; otherwise, three dollars. Upon request and payment of the appropriate fee, the county treasurer shall furnish a certified copy of any security interests for a uniform fee of one dollar per page.[C24, 27, 31, 35, §4967; C39, §5002.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.50]83 Acts, ch 5, §3, 5, 84 Acts, ch 1305, §55, 89 Acts, ch 260, §3, 92 Acts, ch 1175, §30, 97 Acts, ch 108, §6, 99 Acts, ch 13, §9, 99 Acts, ch 188, §10, 2000 Acts, ch 1016, §7, 44, 47, 2000 Acts, ch 1149, §166, 187, 2001 Acts, ch 153, §17, 2003 Acts, ch 8, §13, 2003 Acts, ch 145, §286, 2004 Acts, ch 1013, §15 – 17, 35, 2004 Acts, ch 1092, §3, 2014 Acts, ch 1123, §11, 2018 Acts, ch 1034, §1Referred to in 321.24, 321.42, 321.45, 321.48, 321.131, 331.557
Subsection 5, paragraph a amended
321.51Terminal rental adjustment clause — vehicle leases that are not sales or security interests.An agreement involving the leasing of a motor vehicle or trailer does not create a sale or security interest solely because the agreement provides for an increase or decrease adjustment in the rental price of the motor vehicle or trailer based upon the amount realized upon sale or other disposition of the motor vehicle or trailer following the termination of the lease.1994 Acts, ch 1052, §1Referred to in 331.557321.52Out-of-state sales — junked, dismantled, wrecked, or salvage vehicles.1.  When a vehicle is sold outside the state for purposes other than for junk, the owner, dealer or otherwise, shall detach the registration plates and registration card and shall indicate on the registration card the name and address of the foreign purchaser or transferee over the person’s signature. Unless the registration plates are legally attached to another vehicle, the owner shall surrender the registration plates and registration card to the county treasurer, who shall cancel the records, destroy the registration plates, and forward the registration card to the department. The department shall make a notation on the records of the out-of-state sale and, after a reasonable period, may destroy the files for that particular vehicle. The department is not authorized to make a refund of annual registration fees on a vehicle sold out of state unless it receives the registration card completed as provided in this section.2.a.  The purchaser or transferee of a motor vehicle subject to registration for which a certificate of title is issued which is sold for scrap or junk shall surrender the certificate of title, properly endorsed and signed by the previous owner, to the county treasurer of the county of residence of the transferee, and shall apply for a junking certificate from the county treasurer, within thirty days after assignment of the certificate of title, except when the vehicle is disposed of pursuant to paragraph “b”. The county treasurer shall issue to such person without fee a junking certificate. A junking certificate shall authorize the holder to possess, transport, or transfer by endorsement the ownership of the junked vehicle. A certificate of title shall not again be issued for the vehicle subsequent to the issuance of a junking certificate except as provided in subsection 3. The county treasurer shall cancel the record of the vehicle. The junking certificate shall be printed on the registration receipt form and shall be imprinted with the words “junking certificate”, as prescribed by the department. A space for transfer by endorsement shall be on the junking certificate. A separate form for the notation of the transfer of component parts shall be attached to the junking certificate when the certificate is issued.b.  The owner of a motor vehicle subject to registration that does not have a certificate of title or a junking certificate may dispose of the vehicle to a vehicle recycler licensed under chapter 321H for scrap or junk if the vehicle is twelve model years old or older and is acquired by the vehicle recycler for reasonable consideration equaling less than one thousand dollars.3.a.  When a vehicle for which a certificate of title is issued is junked or dismantled by the owner, the owner shall detach the registration plates and surrender the plates to the county treasurer, unless the plates are properly assigned to another vehicle. The owner shall also surrender the certificate of title to the county treasurer, except when the vehicle is disposed of pursuant to subsection 2, paragraph “b”.b.  Upon the surrender of the certificate of title and application for junking certificate, the county treasurer shall issue to the person, without fee, a junking certificate, which shall authorize the holder to possess, transport, or transfer ownership of the junked vehicle by endorsement of the junking certificate. The county treasurer shall hold the surrendered certificate of title, registration receipt, application for junking certificate, and, if applicable, the registration plates for a period of fourteen days following the issuance of a junking certificate under this subsection.c.  Within the fourteen-day period, the person who was issued the junking certificate and to whom the vehicle was titled or assigned may surrender to the county treasurer the junking certificate, and upon the person’s payment of appropriate fees and taxes and payment of any credit for annual registration fees received by the person for the vehicle under section 321.46, subsection 3, the county treasurer shall issue to the person a certificate of title for the vehicle. After the expiration of the fourteen-day period, a county treasurer shall not issue a certificate of title for a junked vehicle for which a junking certificate is issued. The county treasurer shall cancel the record of the vehicle and forward the certificate of title to the department.d.  However, upon application and a showing of good cause, the department may issue a certificate of title to a person after the fourteen-day period for a junked vehicle for which a junking certificate has been issued. For purposes of this subsection, “good cause” means that the junking certificate was obtained by mistake or inadvertence. If a person’s application to the department is denied, the person may make application for a certificate of title under the bonding procedure as provided in section 321.24, if the vehicle qualifies as an antique vehicle under section 321.115, subsection 1, or the person may seek judicial review as provided under sections 17A.19 and 17A.20.4.a.  Notwithstanding any other provision of law to the contrary, an insurer may apply for and be issued a salvage certificate of title for a motor vehicle without surrendering the certificate of title or manufacturer’s or importer’s statement of origin properly assigned if ownership of the vehicle was transferred, or will transfer, to the insurer pursuant to a settlement with the previous owner of the vehicle arising from circumstances involving damage to the vehicle, and at least thirty days have expired since the effective date of such settlement. To obtain a salvage certificate of title pursuant to this paragraph “a”, the insurer shall submit an application for a salvage certificate of title to the county treasurer of the county in which the vehicle is stored by or on behalf of the insurer. The application shall be accompanied by an affidavit from the insurer in which the insurer certifies it has made at least two written attempts to obtain a properly assigned certificate of title or manufacturer’s or importer’s statement of origin for the vehicle by contacting the previous owner of the vehicle and all lienholders of record by certified mail or a similar service that provides proof of service using a return receipt, and has been unable to obtain the title or statement of origin. The failure of a previous owner or lienholder to provide a properly assigned certificate of title or manufacturer’s or importer’s statement of origin shall be deemed to be a waiver by the previous owner or lienholder of all rights, title, claim, and interest in the vehicle. The application shall also be accompanied by the application fee required under paragraph “b”, and proof of payment of the total amount of the settlement by the insurer to the previous owner of the vehicle. Upon receiving an application that complies with this paragraph “a”, the county treasurer shall issue a salvage certificate of title to the insurer which shall be free and clear of all liens and claims of ownership and shall bear the word “SALVAGE” stamped or printed on the face of the title in a manner prescribed by the department.b.  A vehicle rebuilder or a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered in this state, upon acquisition of a wrecked or salvage vehicle, shall surrender the certificate of title or manufacturer’s or importer’s statement of origin properly assigned, together with an application for a salvage certificate of title, to the county treasurer of the county of residence of the purchaser or transferee within thirty days after the date of assignment of the certificate of title for the wrecked or salvage motor vehicle. This subsection applies only to vehicles with a fair market value of five hundred dollars or more, based on the value before the vehicle became wrecked or salvage. Upon payment of a fee of ten dollars, the county treasurer shall issue a salvage certificate of title which shall bear the word “SALVAGE” stamped or printed on the face of the title in a manner prescribed by the department. A salvage certificate of title may be assigned to an educational institution, a new motor vehicle dealer licensed under chapter 322, a person engaged in the business of purchasing bodies, parts of bodies, frames or component parts of vehicles for sale as scrap metal, a salvage pool, or an authorized vehicle recycler licensed under chapter 321H. An authorized vehicle recycler licensed under chapter 321H or a new motor vehicle dealer licensed under chapter 322 may assign or reassign an Iowa salvage certificate of title or a salvage certificate of title from another state to any person, and the provisions of section 321.24, subsection 5, requiring issuance of an Iowa salvage certificate of title shall not apply. A vehicle on which ownership has transferred to an insurer of the vehicle as a result of a settlement with the owner of the vehicle arising out of damage to, or unrecovered theft of, the vehicle shall be deemed to be a wrecked or salvage vehicle and the insurer shall comply with this subsection to obtain a salvage certificate of title within thirty days after the date of assignment of the certificate of title of the vehicle.c.  When a wrecked or salvage vehicle has been repaired, the owner may apply for a regular certificate of title by paying the appropriate fees and surrendering the salvage certificate of title and a properly executed salvage theft examination certificate. A motor vehicle with a gross vehicle weight rating of thirty thousand pounds or more is not subject to the salvage theft examination otherwise required under paragraph “d”, and the owner of such vehicle is not required to submit a salvage theft examination certificate. The county treasurer shall issue a regular certificate of title which shall bear a designation printed on the face of the title and printed on the registration receipt indicating that the vehicle was previously titled on a salvage certificate of title in a form approved by the department. This designation shall be included on every Iowa certificate of title and registration receipt issued thereafter for the vehicle. However, if ownership of a stolen vehicle has been transferred to an insurer organized under the laws of this state or admitted to do business in this state, or if the transfer was the result of a settlement with the owner of the vehicle arising from damage to or the unrecovered theft of the vehicle, and if the insurer certifies to the county treasurer on a form approved by the department that the insurance company has received one or more written estimates which state that the retail cost of repairs including labor, parts, and other materials of all damage to the vehicle is less than three thousand dollars, the county treasurer shall issue to the insurance company the regular certificate of title and registration receipt without this designation.d.  A salvage theft examination shall be made by a peace officer who has been specially certified and recertified when required by the Iowa law enforcement academy to do salvage theft examinations. The Iowa law enforcement academy shall determine standards for training and certification, conduct training, and may approve alternative training programs which satisfy the academy’s standards for training and certification. The owner of the salvage vehicle shall make the vehicle available for examination at a time and location designated by the peace officer doing the examination. The owner may obtain a permit to drive the vehicle to and from the examination location by submitting a repair affidavit to the agency performing the examination stating that the vehicle is reasonably safe for operation and listing the repairs which have been made to the vehicle. The owner must be present for the examination and have available for inspection the salvage title, bills of sale for all essential parts changed, if applicable, and the repair affidavit. The examination shall be for the purposes of determining whether the vehicle or repair components have been stolen. The examination is not a safety inspection and a signed salvage theft examination certificate shall not be construed by any court of law to be a certification that the vehicle is safe to be operated. There shall be no cause of action against the peace officer or the agency conducting the examination or the county treasurer for failure to discover or note safety defects. If the vehicle passes the theft examination, the peace officer shall indicate that the vehicle passed examination on the salvage theft examination certificate. The permit and salvage theft examination certificate shall be on controlled forms prescribed and furnished by the department. The owner shall pay a fee of fifty dollars at the time the examination is scheduled. The agency performing the examinations shall retain forty dollars of the fee and shall pay five dollars of the fee to the department and five dollars of the fee to the treasurer of state for deposit in the general fund of the state. Moneys deposited to the general fund under this paragraph are subject to the requirements of section 8.60 and shall be used by the Iowa law enforcement academy to provide for the special training, certification, and recertification of officers as required by this subsection.e.  For purposes of this subsection, “wrecked or salvage vehicle” means a damaged motor vehicle subject to registration for which the cost of repair exceeds fifty percent of the fair market value of the vehicle, as determined in accordance with rules adopted by the department, before it became damaged.5.  The department shall adopt rules in accordance with chapter 17A to carry out this section.[C24, 27, 31, 35, §4887; C39, §5002.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.52; 1981 Acts, ch 102, §3]84 Acts, ch 1169, §2, 84 Acts, ch 1305, §56, 85 Acts, ch 67, §36, 85 Acts, ch 209, §3, 88 Acts, ch 1089, §4 – 6, 88 Acts, ch 1215, §8 – 10, 89 Acts, ch 185, §3, 89 Acts, ch 296, §28, 91 Acts, ch 142, §2, 3, 91 Acts, ch 260, §1225, 1226, 92 Acts, ch 1104, §3, 93 Acts, ch 131, §12, 94 Acts, ch 1107, §51, 95 Acts, ch 45, §2, 3, 97 Acts, ch 108, §7, 97 Acts, ch 121, §2, 2000 Acts, ch 1016, §8, 9, 2005 Acts, ch 8, §11, 2006 Acts, ch 1068, §14, 2006 Acts, ch 1070, §7, 2006 Acts, ch 1120, §12, 2007 Acts, ch 143, §10, 2008 Acts, ch 1018, §17, 18, 2008 Acts, ch 1032, §47, 48, 2008 Acts, ch 1113, §19, 21, 82, 2009 Acts, ch 41, §114, 2015 Acts, ch 52, §3, 4, 14, 2016 Acts, ch 1098, §32, 2017 Acts, ch 31, §2Referred to in 312.2, 321.1, 321.24, 321.45, 321.46, 321.47, 321.49, 321.52A, 321.67, 321.69, 321.100, 321.104, 321.126, 322C.6, 331.557, 805.8A
Surcharge imposed; §321.52A
For applicable scheduled fine, see §805.8A, subsection 2
321.52ACertificate of title surcharge — allocation of moneys.In addition to the fee required for the issuance of a certificate of title under section 321.20, 321.20A, 321.23, 321.42, 321.46, 321.47, 321.48, or 321.52, a surcharge of five dollars shall be required. Of each surcharge collected under those sections, the county treasurer shall remit five dollars to the office of treasurer of state for deposit as set forth in section 321.145, subsection 2.1991 Acts, ch 267, §607; 1995 Acts, ch 118, §12; 1996 Acts, ch 1117, §1; 2001 Acts, ch 188, §25; 2002 Acts, ch 1121, §1; 2008 Acts, ch 1113, §35; 2009 Acts, ch 133, §116Referred to in 321.42, 321.47, 321.145PERMITS TO NONRESIDENT OWNERS321.53Nonresident owners of passenger vehicles and trucks.A nonresident owner, except as provided in sections 321.54 and 321.55, of a private passenger motor vehicle, not operated for hire, may operate or permit the operation of such vehicle within this state without registering such vehicle in, or paying any fees to, this state subject to the condition that such vehicle at all times when operated in this state is duly registered in, and displays upon it a valid registration plate or plates issued for such vehicle in the place of residence of such owner. A nonresident who leases a vehicle from a resident owner shall not be considered a nonresident owner of such vehicle for the purpose of exemption under this section. This section shall be operative to the extent that under the laws of the foreign country, state, territory, or federal district of such nonresident owner’s residence like exemptions and privileges are granted to vehicles registered under the laws, and owned by residents, of this state. A truck, truck tractor, trailer or semitrailer owned by a nonresident and operated on Iowa highways must have displayed upon it a valid registration plate or plates and a valid registration certificate, card, or other official evidence of its allowable weight in the state, district or county in which it is registered.[S13, §1571-m16; C24, 27, 31, 35, §4865; C39, §5003.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.53]Referred to in 321.18321.54Registration and financial liability coverage required of certain nonresident carriers.1.  Nonresident owners of foreign vehicles operated within this state for the intrastate transportation of persons or property for compensation or for the intrastate transportation of merchandise shall register and maintain financial liability coverage as required under section 321.20B for each vehicle and pay the same fees required for like vehicles owned by residents of this state.2.  The term “intrastate transportation” as used herein shall mean the transportation for compensation of persons or property originating at any point or place in the state of Iowa and destined to any other point or place in said state irrespective of the route or highway or highways traversed, including the crossing of any state line of the state of Iowa, or the ticket or bill of lading issued and used for such transportation.[C39, §5003.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.54]1997 Acts, ch 139, §3,17,18; 1998 Acts, ch 1121, §8Referred to in 321.53, 805.8A
For applicable scheduled fines, see §805.8A, subsection 13, paragraph a
321.55Registration and financial liability coverage required for certain vehicles owned or operated by nonresidents.1.  A nonresident owner or operator engaged in remunerative employment within this state or carrying on business within this state and owning or operating a motor vehicle, trailer, or semitrailer within this state shall register and maintain financial liability coverage as required under section 321.20B for each vehicle and pay the same fees for registration as are paid for like vehicles owned by residents of this state. However, this subsection does not apply to a person commuting from the person’s residence in another state or whose employment is seasonal or temporary, not exceeding ninety days.2.a.  A nonresident owner of a motor vehicle operated within this state by a resident of this state shall register the vehicle and shall maintain financial liability coverage as required under section 321.20B for the vehicle. The nonresident owner shall pay the same fees for registration as are paid for like vehicles owned by residents of this state. However, registration under this paragraph is not required for vehicles being operated by residents temporarily for not more than ninety days. For purposes of this paragraph, a vehicle is not operated in the state temporarily, and is therefore subject to registration and the owner is required to pay the applicable fees, if the vehicle is located in Iowa for more than ninety consecutive or nonconsecutive days and is operated on an Iowa highway by an Iowa resident during that time. It is unlawful for a resident to operate within the state an unregistered motor vehicle required to be registered under this paragraph. The ninety-day temporary period of operation provided for under this paragraph does not apply to a vehicle owned by a shell business as provided in paragraph “b”.b.  On or after July 1, 2013, if the department, in consultation with the department of revenue, determines that the nonresident owner of a vehicle is a partnership, limited liability company, or corporation that is a shell business, it shall be rebuttably presumed that the Iowa resident in control of the vehicle is the actual owner of the vehicle, that the vehicle is subject to registration in this state, and that payment of the fee for new registration for the vehicle is owed by the Iowa resident.(1)  Factors which indicate that a partnership, limited liability company, or corporation is a shell business include but are not limited to the following:(a)  The partnership, limited liability company, or corporation lacks a specific business activity or purpose.(b)  The partnership, limited liability company, or corporation fails to maintain a physical location in the foreign state.(c)  The partnership, limited liability company, or corporation fails to employ individual persons and provide those persons with internal revenue service form W-2 wage and tax statements.(d)  The partnership, limited liability company, or corporation fails to file federal tax returns, or fails to file a required state tax return in the foreign state.(2)  Factors which indicate that a person is in control of a vehicle include but are not limited to the following:(a)  The person was the initial purchaser of the vehicle.(b)  The person operated or stored the vehicle in Iowa for any period of time.(c)  The person is a partner, member, or shareholder of the nonresident partnership, limited liability company, or corporation that purports to be the owner of the vehicle.(d)  The person is insured to drive the vehicle.(3)  If the department determines that the nonresident owner of a vehicle is a shell business, the department shall notify the Iowa resident in control of the vehicle in writing that the Iowa resident is required to obtain an Iowa certificate of title and registration for the vehicle and pay the fee for new registration owed for the vehicle not later than thirty days from the date of the notice.[C39, §5003.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.55]83 Acts, ch 58, §1, 97 Acts, ch 139, §4, 17, 18, 98 Acts, ch 1121, §8, 2013 Acts, ch 140, §160Referred to in 321.1A, 321.53, 321.105A, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.56Repair of out-of-state commercial motor vehicles — permits.1.  The operator of a commercial motor vehicle which is not registered within the state as required pursuant to this chapter or chapter 326 or which does not have an interstate fuel permit, as required under chapter 452A, may enter the state and travel to a commercial vehicle dealer or repair facility and exit the state if all of the following circumstances apply:a.  If the commercial motor vehicle is entering the state solely for the purposes of maintenance and repair to the commercial motor vehicle and is exiting the state after having completed vehicle maintenance or repair.b.  If the operator has obtained a temporary entry or exit permit from the department.c.  If the commercial motor vehicle is unladen.2.  The department shall provide a temporary entry and exit permit to a commercial motor vehicle operator which authorizes the operator to enter and exit the state as allowed under this section. Any operator of a commercial motor vehicle who has in the operator’s possession the permit allowing entry into the state and exit from the state shall not be charged with a registration violation under this chapter or chapter 326 or with a motor fuel tax violation under chapter 452A, except for violations of section 452A.74A.3.  For purposes of this section, “commercial motor vehicle” means as defined in section 321.1, subsection 11, paragraph “f”, subparagraph (2).2001 Acts, ch 132, §3, 2002 Acts, ch 1119, §46, 2006 Acts, ch 1142, §83, 2015 Acts, ch 123, §47SPECIAL PLATES TO MANUFACTURERS,TRANSPORTERS, WHOLESALERS,AND DEALERS321.57Operation under special plates.1.  A dealer owning any vehicle of a type otherwise required to be registered under this chapter may operate or move the vehicle upon the highways solely for purposes of transporting, testing, demonstrating, or selling the vehicle without registering the vehicle, upon condition that the vehicle display in the manner prescribed in sections 321.37 and 321.38 a special plate issued to the owner as provided in sections 321.58 through 321.62. A dealer may operate or move upon the highways a vehicle owned by the dealer for either private or business purposes, including hauling a load or towing a trailer, without registering it if the vehicle is in the dealer’s inventory and is continuously offered for sale at retail, and there is displayed on it a special plate issued to the dealer as provided in sections 321.58 through 321.62. A dealer may operate or move upon the highways an unregistered vehicle owned by a lessor licensed pursuant to chapter 321F solely for the purpose of delivering the vehicle to the owner or transporting the vehicle to or from an auction if there is displayed on the vehicle a special plate issued to the dealer as provided in sections 321.58 through 321.62.2.  In addition, while a service customer is having the customer’s own vehicle serviced or repaired by the dealer, the service customer of the dealer may operate upon the highways a motor vehicle owned by the dealer, except a motor truck or truck tractor, upon which there is displayed a special plate issued to the dealer, provided all of the requirements of this section are complied with.3.  Also a transporter may operate or move any vehicle of like type upon the highways solely for the purpose of delivery upon likewise displaying thereon like plates issued to the transporter as provided in these sections.4.  The provisions of this section and sections 321.58 to 321.62 shall not apply to any vehicles offered for hire, work or service vehicles owned by a transporter or dealer.5.  A dealer licensed as a wholesaler for a new motor vehicle model under chapter 322 may operate a new motor vehicle of that model, owned by the wholesaler, upon the highway when there is displayed on the vehicle a special plate issued to the wholesaler as provided in sections 321.58 through 321.62 and when operated solely for the purposes of demonstration, show, or exhibition.6.  A manufacturer licensed under chapter 322 that manufactures ambulances, rescue vehicles, or fire vehicles may operate or move a new ambulance, rescue vehicle, or fire vehicle manufactured and owned by the manufacturer solely for purposes of transporting, demonstrating, showing, or exhibiting the vehicle when there is displayed on the vehicle a special plate issued to the manufacturer as provided in sections 321.58 through 321.62.[SS15, §1571-m14; C24, 27, 31, 35, §4888, 4894, 4895; C39, §5004.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.57; 1982 Acts, ch 1251, §12]92 Acts, ch 1175, §1, 97 Acts, ch 139, §5, 17, 98 Acts, ch 1121, §5, 9, 99 Acts, ch 188, §11, 2001 Acts, ch 153, §17, 18, 2002 Acts, ch 1063, §19, 2002 Acts, ch 1119, §47, 2006 Acts, ch 1068, §15, 2006 Acts, ch 1090, §18, 26, 2007 Acts, ch 102, §1, 2014 Acts, ch 1123, §27Referred to in 321.309, 321E.10, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.58Application.All dealers, transporters, and new motor vehicle wholesalers licensed under chapter 322, upon payment of a fee of seventy dollars for a two-year period or part thereof, may make application to the department upon the appropriate form for a certificate containing a general distinguishing number and for one or more special plates as appropriate to various types of vehicles subject to registration. The applicant shall also submit proof of the applicant’s status as a bona fide transporter, new motor vehicle wholesaler licensed under chapter 322, or dealer, as reasonably required by the department. Dealers in new vehicles shall furnish satisfactory evidence of a valid franchise with the manufacturer of the vehicles authorizing the dealership.[SS15, §1571-m14; C24, 27, 31, 35, §4888; C39, §5004.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.58; 1982 Acts, ch 1251, §13]1992 Acts, ch 1175, §2; 2000 Acts, ch 1016, §10; 2001 Acts, ch 153, §18; 2002 Acts, ch 1063, §20; 2002 Acts, ch 1119, §48; 2006 Acts, ch 1068, §42,57; 2006 Acts, ch 1090, §19,26Referred to in 321.57, 321.59, 321.115, 321.309321.59Issuance of certificate.The department, upon granting an application made as provided under section 321.58, shall issue to the applicant a certificate containing the applicant’s name and address and the general distinguishing number assigned to the applicant.[SS15, §1571-m14; C24, 27, 31, 35, §4890, 4891; C39, §5004.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.59]2015 Acts, ch 30, §100Referred to in 321.57, 321.115321.60Issuance of special plates.The department shall issue special plates as applied for, which shall display the general distinguishing number assigned to the applicant. Each plate so issued shall also contain a number or symbol identifying the plate and distinguishing it from every other plate bearing the same general distinguishing number. The fee for each special plate is forty dollars for a two-year period or part thereof. The fee for a special plate used on a vehicle that is hauling a load or towing a trailer is seven hundred fifty dollars for a two-year period or part thereof.[SS15, §1571-m14; C24, 27, 31, 35, §4892; C39, §5004.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.60]84 Acts, ch 1305, §57, 92 Acts, ch 1175, §3, 2006 Acts, ch 1068, §43, 57, 2014 Acts, ch 1123, §28Referred to in 321.42, 321.57, 321.115321.61Expiration of special plates.A special plate shall expire at midnight on December 31 of even-numbered years. A person shall not be considered to be driving a vehicle with an expired registration for one month following the expiration date of the special plate.[S13, §1571-m16; C24, 27, 31, 35, §4868; C39, §5004.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.61]1992 Acts, ch 1175, §4; 2006 Acts, ch 1068, §44,57Referred to in 321.57, 321.115321.62Records required.Every transporter or dealer shall keep a written record of the vehicles upon which such special plates are used, which record shall be open to inspection by any police officer or any officer or employee of the department.[C39, §5004.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.62]Referred to in 321.57, 321.115, 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.63Different places of business.1.  If a transporter or dealer has an established place of business in more than one city, the transporter or dealer shall secure a separate and distinct certificate of registration and number plates for each such place of business.2.  If a dealer has more than one established place of business, the dealer may designate one such location in this state for purposes of keeping all the dealer’s books and records, regardless of the line-make of motor vehicles to which such books and records pertain, by submitting a written certification to the department in a manner approved by the department.[SS15, §1571-m14; C24, 27, 31, 35, §4889; C39, §5004.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.63]2018 Acts, ch 1095, §3Referred to in 321.1
Section amended
321.64Implementation of multiyear licensing and issuance of special plates.Repealed by 98 Acts, ch 1075, §32. PUBLIC GARAGE RECORDS321.65Garage record.Every person or corporation operating a public garage shall keep for public inspection a record of the registration number and engine serial number or manufacturer’s vehicle identification number of every motor vehicle offered for sale or taken in for repairs in said garage.[C24, 27, §4988 – 4990; C31, 35, §4990-c1; C39, §5004.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.65]2005 Acts, ch 179, §127321.66Duty to hold vehicles.The proprietor of a garage and the proprietor’s employees upon discovering that the engine number of a motor vehicle has been altered or obliterated shall immediately notify some member of the department or peace officer of the county in which the garage is located, and hold said vehicle for a period of twenty-four hours or until investigation shall have been made by such peace officer.[C24, 27, 31, 35, §4991; C39, §5004.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.66]USED MOTOR VEHICLE REQUIREMENTS NEW AND USED MOTOR VEHICLE DISCLOSURE REQUIREMENTS321.67Certificate of title must be executed.1.  No person, except as provided in sections 321.23 and 321.45, section 321.52, subsection 2, paragraph “b”, and section 321.52, subsection 4, paragraph “a”, shall sell or otherwise dispose of a registered vehicle or a vehicle subject to registration without delivering to the purchaser or transferee thereof a certificate of title with such assignment thereon as may be necessary to show title in the purchaser.2.  No person shall purchase or otherwise acquire or bring into this state a registered vehicle or a vehicle subject to registration without obtaining a certificate of title thereto except for temporary use or as provided in sections 321.23 and 321.45, section 321.52, subsection 2, paragraph “b”, and section 321.52, subsection 4, paragraph “a”.[C24, 27, 31, 35, §4898; C39, §5005.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.67]2015 Acts, ch 52, §5, 14, 2017 Acts, ch 31, §3Referred to in 805.8A
For applicable scheduled fine, see §805.8A, subsection 2
321.68Sale in bulk.1.  It shall be unlawful for any dealer in this state to sell and transfer the dealer’s stock of used motor vehicles in bulk unless the dealer complies with the following requirements:a.  The vendor shall file with the county treasurer and the department, duplicate inventories of all used motor vehicles proposed to be transferred, giving the factory number, last registration number, if any, and description of each such used motor vehicle and the name and address of proposed vendee, with a certification signed by both the vendee and the vendor that the certificates of title pertaining to all the used motor vehicles listed on the inventory have been duly assigned to the vendee as prescribed in this chapter.b.  The vendee shall, if the vendee has not already secured a dealer’s registration, immediately secure such registration from the department.2.  Upon the completion of such requirements the department shall certify to the county treasurer that such used motor vehicles are, from and after a date to be set by the department, the property of the vendee.[C24, 27, 31, 35, §4899; C39, §5005.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.68]2010 Acts, ch 1061, §180321.69Damage disclosure statement.1.  A certificate of title shall not be issued for a motor vehicle unless a damage disclosure statement has been made by the transferor of the vehicle and is furnished with the application for certificate of title. A damage disclosure statement shall be provided by the transferor to the transferee in a transfer of ownership of a motor vehicle. The new certificate of title and registration receipt shall state on the face whether a prior owner had disclosed that the vehicle was damaged to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”.2.  The damage disclosure statement required by this section shall, at a minimum, state whether the transferor knows if the vehicle was titled as a salvage, rebuilt, or flood vehicle in this or any other state prior to the transferor’s ownership of the vehicle and, if not, whether the transferor knows if the vehicle was damaged to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”, during or prior to the transferor’s ownership of the vehicle.3.  The damage disclosure statement shall be provided by the transferor to the transferee at or before the time of sale. If the transferor is not a resident of this state or if the transferee acquired the vehicle by operation of law as provided in section 321.47, the transferee shall not be required to submit a damage disclosure statement from the transferor with the transferee’s application for title unless the state of the transferor’s residence requires a damage disclosure statement. However, the transferee shall submit a damage disclosure statement with the transferee’s application for title indicating whether a salvage, rebuilt, or flood title had ever existed for the vehicle, and if not, whether the vehicle was damaged to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”, during or prior to the transferor’s ownership of the vehicle, and the year, make, and vehicle identification number of the motor vehicle. The transferee shall not be required to indicate whether the vehicle was damaged to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”, under this subsection if the transferor’s certificate of title is from another state and if it indicates that the vehicle is salvaged and not rebuilt or is another state’s salvage certificate of title.4.  A lessee who has executed a lease as defined in section 321F.1 shall provide a damage disclosure statement to the lessor at the termination of the lease. The damage disclosure statement shall be made on a separate disclosure document and shall state whether the vehicle was damaged during the term of the lease to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”. The lessee’s damage disclosure statement shall not be submitted with the application for title, but the lessor shall retain the lessee’s damage disclosure statement for five years following the date of the statement.5.  The department shall retain each damage disclosure statement received and copies shall be available to the public and the attorney general upon request.6.  Authorized vehicle recyclers licensed under chapter 321H and motor vehicle dealers licensed under chapter 322 shall maintain copies of all damage disclosure statements where the recycler or dealer is either the transferor or the transferee for five years following the date of the statement. The copies shall be made available to the department or the attorney general upon request.7.a.  The damage disclosure statements shall be made on the back of the certificate of title if the title is available to the transferor at the time of sale. If the title is not available at the time of sale or if the face of the transferor’s Iowa title contains no indication that the vehicle was previously salvaged or titled as a salvage, rebuilt, or flood vehicle and the transferor knows or reasonably should know that the vehicle was previously salvaged or titled as a salvage, rebuilt, or flood vehicle in another state, the transferor shall make the disclosure on a separate disclosure document. The damage disclosure statement forms shall be as approved by the department. The treasurer shall not accept a damage disclosure statement and issue a title unless the back of the title or separate disclosure document has been fully completed and signed and dated by the transferee and the transferor, if applicable. If a separate damage disclosure document from a prior owner is required to be furnished with the application for title, the transferor shall provide a copy of the separate damage disclosure document to the transferee at or before the time of sale.b.  In addition to the information required in subsection 2, a separate disclosure document shall state whether the vehicle’s certificate of title indicates the existence of damage prior to the period of the transferor’s ownership of the vehicle and whether the vehicle was titled as a salvage, rebuilt, or flood vehicle during the period of the transferor’s ownership of the vehicle.8.  A person, authorized vehicle recycler licensed under chapter 321H, or motor vehicle dealer licensed under chapter 322 shall not be liable to a subsequent owner, driver, or passenger of a vehicle because a prior owner or lessee gave a false or inaccurate damage disclosure statement or failed to disclose that the vehicle had previously been damaged and repaired or had been titled on a salvage, rebuilt, or flood certificate of title unless the person, recycler, or dealer knew or reasonably should have known that the prior owner or lessee gave a false or inaccurate damage disclosure statement or failed to disclose that the vehicle had been damaged and repaired or had been titled on a salvage, rebuilt, or flood certificate of title.9.  Except for subsections 10 and 11, this section does not apply to motor trucks and truck tractors with a gross vehicle weight rating of sixteen thousand pounds or more, vehicles more than seven model years old, autocycles, motorcycles, motorized bicycles, and special mobile equipment. This section does apply to motor homes. The requirement in subsection 1 that the new certificate of title and registration receipt shall state on the face whether a prior owner had disclosed that the vehicle was damaged to the extent that it was a wrecked or salvage vehicle as defined in section 321.52, subsection 4, paragraph “e”, does not apply to a vehicle with a certificate of title bearing a designation that the vehicle was previously titled on a salvage certificate of title pursuant to section 321.52, subsection 4, paragraph “c”, or to a vehicle with a certificate of title bearing a “REBUILT” or “SALVAGE” designation pursuant to section 321.24, subsection 4 or 5. Except for subsections 10 and 11, this section does not apply to new motor vehicles with a true mileage, as defined in section 321.71, of one thousand miles or less, unless such vehicle has incurred damage as described in subsection 2.10.a.  A person shall not sell, lease, or trade a motor vehicle if the person knows or reasonably should know that the motor vehicle contains a nonoperative air bag that is part of an inflatable restraint system, or that the motor vehicle has had an air bag removed and not replaced, unless the person clearly discloses, in writing, to the person to whom the person is selling, leasing, or trading the vehicle, prior to the sale, lease, or trade, that the air bag is missing or nonoperative. In addition, a lessee who has executed a lease as defined in section 321F.1 shall provide the disclosure statement required in this subsection to the lessor upon termination of the lease.b.  The written disclosure required by this subsection shall be deemed to be a damage disclosure statement for the purposes of subsections 6, 8, and 11.11.  A person who knowingly makes a false damage disclosure statement or fails to make a damage disclosure statement required by this section commits a fraudulent practice. Failure of a person, authorized vehicle recycler licensed under chapter 321H, or motor vehicle dealer licensed under chapter 322 to comply with any duty imposed by this section constitutes a violation of section 714.16, subsection 2, paragraph “a”.12.  The department shall adopt rules as necessary to implement this section.92 Acts, ch 1104, §4, 95 Acts, ch 45, §4, 5, 96 Acts, ch 1152, §3, 97 Acts, ch 108, §8, 98 Acts, ch 1034, §1, 2002 Acts, ch 1063, §21, 2003 Acts, ch 56, §1 – 5, 2003 Acts, ch 179, §71, 2004 Acts, ch 1007, §1, 2005 Acts, ch 19, §40, 41, 2006 Acts, ch 1010, §88, 2010 Acts, ch 1061, §180, 2016 Acts, ch 1073, §103, 2016 Acts, ch 1098, §13Referred to in 714H.3
Fraudulent practices, see §714.8 714.14
321.69ADisclosure of repairs to new vehicles.1.a.  A person licensed as a new motor vehicle dealer pursuant to chapter 322 shall not be required to disclose to a prospective or actual buyer or lessee of a new motor vehicle repairs of damage to or adjustments on or replacements of parts with new parts on the motor vehicle if all of the following are true:(1)  The repairs, adjustments, or replacements were made to achieve compliance with factory specifications.(2)  The actual cost of any labor or parts charged to or performed by the dealer for any such repairs, adjustments, or parts does not exceed four percent of the manufacturer’s suggested retail price.(3)  The dealer posts in a conspicuous place notice that repairs, adjustments, or replacements will be disclosed upon request.(4)  The dealer discloses any such repairs, adjustments, or replacements upon request.b.  The provisions of this section take precedence over and shall supersede section 714.16, subsection 2, paragraph “a”, unnumbered paragraph 4, and section 714H.4, subsection 2.2.  A person licensed as a new motor vehicle dealer pursuant to chapter 322 shall disclose in writing, at or before the time of sale or lease, to the buyer or lessee of a new motor vehicle that the vehicle has been subject to any repairs of damage to or adjustments on or replacements of parts with new parts if the actual cost of any labor or parts charged to or performed by the dealer for any such repairs, adjustments, or parts exceeds four percent of the manufacturer’s suggested retail price. The written disclosure shall include the signature of the buyer or lessee and be in a form and in a format approved by the attorney general by rule. A dealer shall retain a copy of each written disclosure issued pursuant to this section for five years from the date of issuance.3.  As used in this section, “manufacturer’s suggested retail price” means the amount required to be disclosed by a dealer pursuant to 15 U.S.C. §1232(f)(4).4.  A violation of this section is an unlawful practice pursuant to section 714.16.5.  A violation of this section is a prohibited practice or act pursuant to section 714H.5.2011 Acts, ch 90, §1, 2014 Acts, ch 1123, §29, 30321.70Dealer vehicles.A dealer registered under this chapter shall not be required to register any vehicle owned by the dealer which is being held for sale or trade, provided the annual registration fee was not delinquent at the time the vehicle was acquired by the dealer. When a dealer ceases to hold any vehicle for sale or trade or the vehicle otherwise becomes subject to registration under this chapter the annual registration fee and delinquent annual registration fee, if any, shall be due for the registration year.[C24, 27, 31, 35, §4901; C39, §5005.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.70]1982 Acts, ch 1062, §11,38; 2008 Acts, ch 1113, §83321.71Odometer requirements.1.  For the purposes of this section the following words and phrases shall have the meanings respectively ascribed to them:a.  “Intent and purpose of this section” is and shall mean to achieve the end that odometers of motor vehicles shall at all times correctly show the true mileage that the motor vehicle has been driven.b.  “True mileage” is the actual mileage the motor vehicle has been driven.2.  No person shall knowingly tamper with, adjust, alter, change, set back, disconnect or fail to connect the odometer of any motor vehicle, or cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the true mileage driven by the motor vehicle.3.  No person shall conspire with any other person to evade the intent and purpose of this section.4.  No person shall with the intent to defraud operate a motor vehicle on any street or highway knowing that the odometer of the motor vehicle is disconnected or nonfunctional.5.  No person shall advertise for sale, sell, use or install on any part of a motor vehicle or on any odometer in a motor vehicle any device which causes the odometer to register any mileage other than the true mileage.6.  In the event any odometer is repaired or replaced, the reading of the repaired or replaced odometer shall be set at the reading of the odometer repaired or replaced immediately prior to repair or replacement, but where the odometer is incapable of registering the same mileage the odometer shall be adjusted to read zero and any adjustment made in accordance with the provisions of this subsection shall not be deemed a violation of any provision of this section.7.  A certificate of title shall not be issued for a motor vehicle less than ten model years old which is equipped with an odometer by the manufacturer, unless an odometer statement which is in compliance with federal law and regulations has been made by the transferor of the vehicle and is furnished with the application for certificate of title. The new certificate of title shall record on its face the odometer reading and the word “actual” if the true mileage is known. If the odometer reading is not the true mileage or the true mileage is unknown, the words “not actual” shall be recorded. If the odometer reading is greater than the odometer can mechanically count, the words “exceeds the mechanical limits” shall be recorded. However, a certificate of title may be issued for a motor vehicle to a person who moves into this state if the person acquired ownership of the motor vehicle prior to moving to this state. This subsection does not apply to motor vehicles having a gross vehicle weight rating of more than sixteen thousand pounds.8.  Any person who knowingly makes or delivers a false odometer statement as required by subsection 7 shall be guilty of a violation of this section.9.  An Iowa licensed motor vehicle dealer shall not have in possession as inventory for sale a used motor vehicle acquired by the dealer after the tenth model year prior to the current registration year, for which the dealer does not possess an odometer statement by the transferor which is in compliance with federal law and regulations unless a certificate of title has been issued for the vehicle in the name of the dealer. Transfer of a new motor vehicle with an ownership document which is a manufacturer’s statement of origin requires an odometer statement only when transferred at retail.10.  A transferee of a motor vehicle reassigning the certificate of title to such motor vehicle pursuant to the provisions of section 321.48, subsection 1, shall not be guilty of a violation of this section if such transferee has in the transferee’s possession an odometer statement by the transferor which is in compliance with federal law and regulations and if the transferee has no knowledge that the statement is false and that the transferee has no knowledge that the odometer does not reflect the true mileage of such motor vehicle.11.  The department may adopt rules which shall be in compliance with the federal Truth in Mileage Act of 1986, Pub. L. No. 99-579.12.  Any person who violates this section commits a fraudulent practice.[C73, 75, 77, 79, 81, §321.71]1984 Acts, ch 1243, §2,3; 1984 Acts, ch 1305, §58; 1990 Acts, ch 1131, §1,2; 1998 Acts, ch 1100, §43Referred to in 307.37, 321.50, 321.69, 322.4
Fraudulent practices, see §714.8 714.14
321.71ACounterfeit, nonfunctional, and unsafe air bags.1.  As used in this section:a.  “Counterfeit air bag” means an air bag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from the manufacturer.b.  “Nonfunctional air bag” means an air bag that was previously deployed or damaged, or has an electric fault that is detected by a motor vehicle’s air bag diagnostic system after the air bag is installed in the motor vehicle.2.  A person who manufactures, imports, installs, reinstalls, sells, or offers to sell any device with the intent that the device replace an air bag in a motor vehicle, and who knows that the device is a counterfeit air bag, nonfunctional air bag, or air bag that does not comply with federal safety requirements as provided in 49 C.F.R. §571.208, is guilty of an aggravated misdemeanor.3.  A person who manufactures, imports, installs, reinstalls, sells, offers to sell, or tampers with any device that causes a motor vehicle’s diagnostic system to inaccurately indicate that the motor vehicle is equipped with a functional air bag when a counterfeit or nonfunctional air bag is installed, or when no air bag is installed, with the intent to mislead the owner or operator of the motor vehicle into believing that the motor vehicle is equipped with a functional air bag, is guilty of an aggravated misdemeanor.4.  A violation of this section is an unlawful practice under section 714.16.2001 Acts, ch 94, §1, 2015 Acts, ch 72, §2, 4Referred to in 714H.3SPECIAL ANTITHEFT LAW321.72Report of stolen and recovered motor vehicles.Every peace officer upon receiving reliable information that any vehicle registered under this chapter has been stolen shall immediately report the theft to the department unless prior thereto information has been received of the recovery of the vehicle. Any officer upon receiving information that any vehicle, which the officer has previously reported as stolen, has been recovered, shall immediately report the fact of the recovery to the law enforcement agency which originated the theft report and to the department.[C27, 31, 35, §13417-a1; C39, §5006.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.72; 1981 Acts, ch 103, §1]Referred to in 321.74, 331.653321.73Reports by owners.1.  The owner, or person having a lien or encumbrance upon a registered vehicle which has been stolen or embezzled, may notify the department of such theft or embezzlement, but in the event of an embezzlement may make such report only after having procured the issuance of a warrant for the arrest of the person charged with such embezzlement.2.  Every owner or other person who has given any such notice must notify the department of a recovery of such vehicle.[C39, §5006.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.73]Referred to in 321.74321.74Action by department.The department, upon receiving a report of a stolen or embezzled vehicle as provided in section 321.72 or 321.73 or through the national motor vehicle title information system, shall file and appropriately index the same and shall immediately suspend the registration of the vehicle so reported and shall not transfer the certificate of title or registration of the vehicle until such time as the department is notified that the vehicle has been recovered.[C39, §5006.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.74]2004 Acts, ch 1013, §18,35321.75 through 321.77 321.78Injuring or tampering with vehicle.Any person who either individually or in association with one or more other persons willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a simple misdemeanor.[C39, §5006.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.78]Referred to in 322C.6321.79Intent to injure.Any person who with intent to commit any malicious mischief, injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest or with like intent attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of a vehicle while the same is at rest and unattended or with like intent sets in motion any vehicle while the same is at rest and unattended is guilty of a simple misdemeanor.[C39, §5006.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.79]321.80  Reserved. 321.81Presumptive evidence.Whoever shall conceal, barter, sell, possess or dispose of any vehicle or component part which has been stolen, or shall disguise, alter, or change such vehicle or component part or the vehicle identification number or component part number thereof, or remove or change the registration plate thereon, or do any act designed to prevent identification of such vehicle or component part, shall be presumed to have knowledge that such vehicle or component part had been stolen.[C24, 27, 31, 35, §5093; C39, §5006.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.81]321.82 and 321.83 321.84Seizure of vehicles.It shall be the duty of any peace officer who finds a vehicle or component part, the vehicle identification number or component part number of which has been altered, defaced, or tampered with, and who has reasonable cause to believe that the possessor of the vehicle or component part wrongfully holds it, to forthwith seize it, either with or without warrant, and deliver it to the sheriff of the county in which it is seized.[C27, 31, 35, §5083-b1; C39, §5006.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.84]Referred to in 321.85321.85Stolen vehicles or component parts.When a vehicle or component part is seized under section 321.84 or is stolen or embezzled, and is not claimed by the owner before the date on which the person charged with its stealing or embezzling is convicted, the officer having the vehicle or component part in the officer’s custody shall, on that date by certified mail, notify the department that the officer has the vehicle or component part in the officer’s possession, giving a full and complete description of it, including all vehicle identification numbers and component part numbers. If there is a dispute regarding a claim for the vehicle or component part, the agency holding the vehicle or component part shall conduct an evidentiary hearing to adjudicate the claim.[C24, §12222; C27, 31, 35, §5083-b2, 12222; C39, §5006.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.85]1985 Acts, ch 64, §1Referred to in 8A.323321.86Notice by director.The director shall, if the owner appears of record in the director’s office, notify the owner of the fact that the vehicle or component part is in the custody of the officer, and if not of record in the director’s office, the director shall mail the description to the county treasurer of each county.[C24, 27, 31, 35, §12223; C39, §5006.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.86]Referred to in 8A.323321.87Delivery to owner.If, within forty days thereafter, the owner of the vehicle or component part appears and properly identifies it, the officer having the vehicle or component part in custody shall deliver it to such owner upon payment by the owner of the costs incurred incident to the apprehension of the vehicle or component part and the location of the owner.[C24, §12224; C27, 31, 35, §5083-b3, 12224; C39, §5006.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.87]Referred to in 8A.323321.88Failure of owner to claim.If the owner does not appear within forty days, the motor vehicle shall be deemed abandoned and the officer having possession of the motor vehicle shall proceed as provided in section 321.89, subsections 3 and 4.[C24, §12225; C27, 31, 35, §5083-b3, 12225; C39, §5006.17; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.88]Referred to in 8A.323321.89Abandoned vehicles.1.Definitions.As used in this section and sections 321.90 and 321.91 unless the context otherwise requires:a.  “Abandoned vehicle” means any of the following:(1)  A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable.(2)  A vehicle that has remained illegally on public property for more than twenty-four hours.(3)  A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours.(4)  A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process in subsection 3.(5)  Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.(6)  A vehicle that has been impounded pursuant to section 321J.4B by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.b.  “Demolisher” means a person licensed under chapter 321H whose business it is to convert a vehicle to junk, processed scrap, or scrap metal, or otherwise to wreck or dismantle vehicles.c.  “Police authority” means the state patrol, any law enforcement agency of a county or city, or any special security officer employed by the state board of regents under section 262.13.2.Authority to take possession of abandoned vehicles.A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody an abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity who is a garagekeeper, as defined in section 321.90, to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority’s initiative. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle. The owners, lienholders, or other claimants of the abandoned vehicle shall not have a cause of action against a private entity for action taken under this section if the private entity provides notice as required by subsection 3, paragraph “a”.3.Notification of owner, lienholders, and other claimants.a.  A police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model, and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of notice required pursuant to this subsection. The notice shall also state that the failure of the owner, lienholders, or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders, and claimants of all right, title, claim, and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the abandoned vehicle was taken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garagekeeper’s lien as described in section 321.90, subsection 1, and may proceed to sell or dispose of the vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lienholders, or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders, or claimants after the expiration of the ten-day reclaiming period.b.  If it is impossible to determine with reasonable certainty the identity and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under this section. The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in paragraph “a”.4.Auction of abandoned vehicles.a.  If an abandoned vehicle has not been reclaimed as provided for in subsection 3, the police authority or private entity shall make a determination as to whether or not the vehicle shall be sold for use upon the highways. If the vehicle is not sold for use upon the highways, it shall be sold for junk, or demolished and sold as scrap. The police authority or private entity shall sell the vehicle at public auction. Notwithstanding any other provision of this section, a police authority or private entity may dispose of the vehicle to a demolisher for junk without public auction after complying with the notification procedures in subsection 3. The purchaser of the vehicle takes title free and clear of all liens and claims of ownership, shall receive a sales receipt from the police authority or private entity, and is entitled to register the vehicle and receive a certificate of title if sold for use upon the highways. If the vehicle is sold or disposed of to a demolisher for junk, the demolisher shall make application for a junking certificate to the county treasurer within thirty days of purchase and shall surrender the sales receipt in lieu of the certificate of title.b.  From the proceeds of the sale of an abandoned vehicle the police authority, if the police authority did not hire a private entity, shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing which resulted from placing the abandoned vehicle in custody, all notice and publication costs incurred pursuant to subsection 3, the cost of inspection, and any other costs incurred except costs of bookkeeping and other administrative costs. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for ninety days, and shall then be deposited in the road use tax fund. The costs to police authorities of auction, towing, preserving, storage, and all notice and publication costs, and all other costs which result from placing abandoned vehicles in custody, whenever the proceeds from a sale of the abandoned vehicles are insufficient to meet these expenses and costs, shall be paid from the road use tax fund and are the obligation of the last owner or owners, jointly and severally.c.  The director of transportation shall establish by rule a claims procedure to be followed by police authorities in obtaining expenses and costs from the fund and procedures for reimbursement of expenses and costs to a private entity hired by a police authority to take custody of an abandoned vehicle. If a private entity has been hired by a police authority, the police authority shall file a claim with the department for reimbursement of towing fees which shall be paid from the road use tax fund.[C73, 75, 77, 79, 81, §321.89]1984 Acts, ch 1305, §59; 1985 Acts, ch 64, §2; 1987 Acts, ch 123, §1; 1988 Acts, ch 1158, §66; 1992 Acts, ch 1238, §31; 1995 Acts, ch 48, §3; 1995 Acts, ch 118, §13; 1996 Acts, ch 1126, §4; 1998 Acts, ch 1074, §22; 2000 Acts, ch 1016, §11; 2005 Acts, ch 35, §31; 2005 Acts, ch 64, §1; 2009 Acts, ch 130, §23,24Referred to in 8A.323, 80.39, 321.20B, 321.88, 321.90, 321.91, 321J.4B, 555B.1321.90Disposal of abandoned motor vehicles.1.Garagekeepers and abandoned motor vehicles.Any motor vehicle left in a garage operated for commercial purposes after the period for which the vehicle was to remain on the premises shall, after notice by certified mail to the last known registered owner of the vehicle addressed to the owner’s last known address of record to reclaim the vehicle within ten days of the date of the notice, be deemed an abandoned motor vehicle unless reclaimed by the owner within such ten-day period or the owner notifies the garagekeeper in writing within such period of time that such vehicle is not an abandoned motor vehicle and shall be reported by the garagekeeper to the police authority. If the identity or address of the last registered owner of the motor vehicle cannot be determined, the vehicle shall be deemed an abandoned motor vehicle on the eleventh day after the period for which the vehicle was to remain on the premises unless reclaimed by the owner within the ten-day period or the owner notifies the garagekeeper in writing within such period of time that such vehicle is not an abandoned motor vehicle and shall be reported by the garagekeeper to the police authority. All abandoned motor vehicles left in garages may be taken into custody by a police authority upon the request of the garagekeeper and sold in accordance with the procedures set forth in section 321.89, subsection 4, unless the motor vehicle is reclaimed. The proceeds of the sale shall be first applied to the garagekeeper’s charges for towing and storage, and any surplus proceeds shall be distributed in accordance with section 321.89, subsection 4. Nothing in this section shall be construed to impair any lien of a garagekeeper under the laws of this state, or the right of a garagekeeper to foreclose the garagekeeper’s lien, provided that a garagekeeper shall be deemed to have abandoned the garagekeeper’s artisan lien when such vehicle is taken into custody by the police authority. For the purposes of this section “garagekeeper” means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles.2.Disposal to demolisher.a.  Any person, firm, corporation, or unit of government upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed and is thereby unable to transfer title to the motor vehicle, may apply to the police authority of the jurisdiction in which the motor vehicle is situated for authority to sell, give away, or otherwise dispose of the motor vehicle to a demolisher.b.  The application shall set out the name and address of the applicant, and the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features, and shall contain a concise statement of the facts surrounding the abandonment, or a statement that the title of the motor vehicle is lost or destroyed, or the reasons for the defect of title in the owner. The applicant shall execute an affidavit stating that the facts alleged are true and that no material fact has been withheld. An order for disposal obtained pursuant to section 555B.8, subsection 3, satisfies the application requirements of this paragraph.c.  If the police authority finds that the application is executed in proper form, and shows that the motor vehicle has been abandoned upon the property of the applicant, or if it shows that the motor vehicle is not abandoned but that the applicant appears to be the rightful owner, the police authority shall follow appropriate notification procedures as set forth in section 321.89, subsection 3, except that in the case of an order for disposal obtained pursuant to section 555B.8, subsection 3, no notification is required.d.  If the abandoned motor vehicle is not reclaimed in accordance with section 321.89, subsection 3, or no lienholder objects to the disposal in the case of an owner-applicant, the police authority shall give the applicant a certificate of authority allowing the applicant to obtain a junking certificate for the motor vehicle. The applicant shall make application for a junking certificate to the county treasurer within thirty days of receipt of the certificate of authority and surrender the certificate of authority in lieu of the certificate of title. The demolisher shall accept the junking certificate in lieu of the certificate of title to the motor vehicle.e.  Notwithstanding any other provisions of this section and sections 321.89 and 321.91, any person, firm, corporation, or unit of government upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may dispose of such motor vehicle to a demolisher for junk without a title and without the notification procedures of section 321.89, subsection 3, if the motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The owner shall apply to the county treasurer for a junking certificate within thirty days of receipt of the certificate of authority and shall surrender the certificate of authority in lieu of the certificate of title.f.  The owner of an abandoned motor vehicle and all lienholders shall no longer have any right, title, claim, or interest in or to the motor vehicle; and no court in any case in law or equity shall recognize any right, title, claim, or interest of any owner or lienholders after the disposal of the motor vehicle to a demolisher.g.  Any proceeds from the sale of an abandoned motor vehicle to a demolisher under this section, by one other than the owner of the vehicle, except the sale of a vehicle pursuant to an order for disposal obtained pursuant to section 555B.8, subsection 3, shall first be applied to that person’s expenses in effecting the sale, including storage, towing, and disposal charges, and any surplus shall be distributed in accordance with section 321.89, subsection 4. The proceeds from the sale of a vehicle disposed of pursuant to section 555B.8, subsection 3, shall be distributed in accordance with section 555B.9.3.Duties of demolishers.a.  Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk under the provisions of this section shall junk, scrap, wreck, dismantle, or demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle, or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.b.  A demolisher shall keep an accurate and complete record of all motor vehicles purchased or received by the demolisher in the course of the demolisher’s business. These records shall contain the name and address of the person from whom each motor vehicle was purchased or received and the date when the purchases or receipts occurred. The records shall be open for inspection by any police authority at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies.[C73, 75, 77, 79, 81, §321.90]1988 Acts, ch 1138, §12-14; 1995 Acts, ch 118, §14,15; 2005 Acts, ch 179, §128; 2008 Acts, ch 1018, §19Referred to in 8A.323, 321.89, 321.91, 555B.9321.91Limitation on liability — penalty for abandonment.1.  No person, firm, corporation, unit of government, garagekeeper or police authority upon whose property an abandoned vehicle is found or who disposes of such abandoned vehicle in accordance with sections 321.89 and 321.90 shall be liable for damages by reason of the removal, sale, or disposal of such vehicle.2.  A person who abandons a vehicle is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “b”.[C73, 75, 77, 79, 81, §321.91]2000 Acts, ch 1203, §3; 2001 Acts, ch 137, §5; 2004 Acts, ch 1101, §35Referred to in 8A.323, 321.89, 321.90, 805.8A321.92Altering or changing numbers.1.Fraudulent intent.a.  No person shall with fraudulent intent, deface, destroy, or alter the vehicle identification number or component part number or other distinguishing number or identification mark of a vehicle or component part, including a rebuilt identification, nor shall a person place or stamp a serial, engine, or other number or mark upon a vehicle or component part, except one assigned thereto by the department.b.  The year of manufacture of a fence-line feeder, grain cart, or tank wagon manufactured on or after July 1, 2001, shall be permanently made a part of the identification plate on the vehicle. A person shall not fraudulently alter, deface, or attempt to fraudulently alter or deface the year of manufacture or other product identification number on a fence-line feeder, grain cart, or tank wagon.c.  A violation of this subsection is a felony punishable as provided in section 321.483.d.  This subsection does not prohibit the restoration of an original vehicle identification number, component part number, or other number or mark when the restoration is made by the department, nor prevent a manufacturer from placing, in the ordinary course of business, numbers or marks upon vehicles or component parts.2.Vehicles without identification numbers.A person who knowingly buys, receives, disposes of, sells, offers for sale, or has in the person’s possession a vehicle, or a component part of a vehicle, from which the vehicle identification number, rebuilt identification, or component part number has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle or component part is guilty of a simple misdemeanor.[SS15, §1571-m12a; C24, 27, 31, 35, §5080; C39, §5006.09, 5006.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §321.80, 321.92; C79, 81, §321.92]1988 Acts, ch 1089, §7; 2009 Acts, ch 133, §117Referred to in 321H.6, 321H.8, 322.3, 322.6, 322C.3, 322C.6
Similar provisions, §714.8(5)
321.93Defense.Under a charge of possessing a vehicle or component part, the vehicle identification number or component part number of which is defaced, altered, or tampered with, it shall be a complete defense that the accused at the time of such possession had in the accused’s possession a certificate of title from the officer whose duty it is to register vehicles and component parts in the state in which the vehicle or component part is registered, showing good and sufficient reason why numbers are defaced, changed, or tampered with, the original vehicle identification number or component part number, and the ownership of the vehicle or component part.[C24, 27, 31, 35, §5083; C39, §5006.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.93]321.94Test to determine true number.Where it appears that a vehicle identification number or component part number has been altered, defaced or tampered with, any peace officer, or any other person acting under a peace officer’s direction, may apply any recognized process or test to the part containing the number for the purpose of determining the true number.[C27, 31, 35, §5083-b5; C39, §5006.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.94; 1981 Acts, ch 103, §2]321.95Right of inspection.1.  Peace officers shall have the authority to inspect any vehicle or component part in possession of a vehicle rebuilder, vehicle salvager, used vehicle parts dealer, or any person licensed under chapter 322, or found upon the public highway or in any public garage, enclosure, or property in which vehicles or component parts are kept for sale, storage, hire, or repair and for that purpose may enter any such public garage, enclosure, or property. Every vehicle rebuilder, vehicle salvager, used vehicle parts dealer, or any person licensed under chapter 322, or a person having used engines or transmissions which are component parts for sale shall keep an accurate and complete record of all vehicles demolished and of such component parts purchased or received for resale as component parts in the course of business. These records shall contain the name and address of the person from whom each such vehicle or component part was purchased or received and the date when the purchase or receipt occurred or the junking certificate if required for the vehicle. These records shall be open for inspection by any peace officer at any time during normal business hours. Records required by this section shall be kept for at least three years after the transaction which they record.2.  A person who violates this section commits a simple misdemeanor.[C27, 31, 35, §5083-b6; C39, §5006.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.95]2009 Acts, ch 130, §39, 2010 Acts, ch 1140, §2Referred to in 805.8A
For applicable scheduled fine, see §805.8A, subsection 14, paragraph j
321.96Prohibited plates certificates.1.  A person shall not display or cause or permit to be displayed, or have in the person’s possession, a vehicle identification number or component part number except as provided in this chapter, or a canceled, revoked, altered, or fictitious registration number plates, registration receipt, or certificate of title, as the same are respectively provided for in this chapter.2.  A person who violates this section commits a simple misdemeanor.[C24, 27, 31, 35, §5084; C39, §5006.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.96]90 Acts, ch 1230, §17, 2010 Acts, ch 1140, §3OFFENSES AGAINST REGISTRATION LAWSAND SUSPENSION OR REVOCATIONOF REGISTRATION321.97Fraudulent applications.Any person who fraudulently uses a false or fictitious name in any application for the registration of, or certificate of title to, a vehicle or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a fraudulent practice.[S13, §1571-m26; C24, 27, 31, 35, §5088; C39, §5007.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.97]Referred to in 322C.6
Fraudulent practices, see §714.8 714.14
321.98Operation without registration.1.   Except as otherwise expressly permitted in this chapter, a person shall not operate and an owner shall not knowingly permit to be operated upon any highway any vehicle required to be registered and titled under this chapter unless:a.  A valid registration card and registration plate or plates issued for the vehicle for the current registration year are attached to and displayed on the vehicle when and as required by this chapter; and b.  A certificate of title has been issued for the vehicle.2.  Any violation of this section is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2.[C24, 27, 31, 35, §5085; C39, §5007.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.98]2001 Acts, ch 176, §50, 59, 2010 Acts, ch 1190, §34, 2013 Acts, ch 90, §77Referred to in 322C.6, 805.8A321.99Fraudulent use of registration.A person shall not knowingly lend to another a registration card, registration plate, special plate, or permit issued to the person if the other person desiring to borrow the card, plate, or permit would not be entitled to the use of it. A person shall not knowingly permit the use of a registration card, registration plate, special plate, or permit issued to the person by one not entitled to it, nor shall a person knowingly display upon a vehicle a registration card, registration plate, special plate, or permit not issued for that vehicle under this chapter. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2.[SS15, §1571-m12a; C24, 27, 31, 35, §4878, 5080; C39, §5007.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.99]83 Acts, ch 125, §2, 86 Acts, ch 1055, §1, 2000 Acts, ch 1203, §4, 2001 Acts, ch 137, §5, 2010 Acts, ch 1190, §35Referred to in 321H.6, 321H.8, 322.3, 322.6, 322C.3, 322C.6, 805.8A321.100False evidences of registration.It is a fraudulent practice for any person to commit any of the following acts:1.  To alter with a fraudulent intent any certificate of title, manufacturer’s or importer’s certificate, registration card, registration plate, manufacturer’s vehicle identification plate, or permit issued by the department or county treasurer.2.  To forge or counterfeit any such document or plate.3.  To hold or use any such document or plate knowing the same to have been so altered, forged, or falsified.4.  To hold or use any certificate of title, manufacturer’s or importer’s certificate, registration card, registration plate, manufacturer’s vehicle identification plate, or permit issued by the department or county treasurer, for any vehicle to which such document or plate is not legally assigned.5.  To transfer in any manner or to offer to transfer in any manner a certificate of title, manufacturer’s or importer’s certificate to any vehicle on which a salvage certificate of title or junking certificate is required under section 321.52, with knowledge or reason to believe that the certificate will be used for a vehicle other than the vehicle for which the certificate is issued. “Transfer” for the purposes of this subsection means to sell, exchange, change possession or ownership or convey in any manner.[SS15, §1571-m12a; C24, 27, 31, 35, §5080; C39, §5007.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.100]1991 Acts, ch 97, §44Referred to in 322C.6
Fraudulent practices, see §714.8 714.14
321.101Suspension or revocation of registration or cancellation of certificate of title by department.1.  The department is hereby authorized to suspend or revoke the registration of a vehicle, registration card, registration plate, or any nonresident or other permit in any of the following events:a.  When the department is satisfied that such registration card, plate, or permit was fraudulently or erroneously issued.b.  When the department determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.c.  When a registered vehicle has been dismantled or wrecked.d.  When the department determines that the required annual registration fee has not been paid and the fee is not paid upon reasonable notice and demand.e.  When a registration card, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued.f.  When the department determines that the owner has committed any offense under this chapter involving the registration card, plate, or permit to be suspended or revoked.g.  When the department is so authorized under any other provision of law.h.  If a commercial motor vehicle has been assigned to be operated by a commercial motor carrier whose ability to operate has been terminated or denied by a federal agency.2.  The department shall cancel a certificate of title that appears to have been improperly issued or fraudulently obtained or, in the case of a mobile home or manufactured home, if taxes were owing under chapter 435 at the time the certificate was issued and have not been paid. However, before the certificate to a mobile home or manufactured home for which taxes were owing can be canceled, notice and opportunity to pay the taxes must be given to the person to whom the certificate was issued. Upon cancellation of a certificate of title, the department shall notify the county treasurer who issued it, who shall enter the cancellation upon the records. The department shall also notify the person to whom the certificate of title was issued, as well as each lienholder who has a perfected lien, of the cancellation and shall demand the surrender of the certificate of title, but the cancellation shall not affect the validity of any perfected lien.3.  Notice of suspension or revocation of the registration of a vehicle, registration card, registration plate, or any nonresident or other permit under the terms of this section shall be by personal delivery of the notice to the person to be so notified or by certified mail addressed to the person at the person’s address as shown on the registration record. A return acknowledgment is not necessary to prove such latter service.4.  If a vehicle, for which the registration has been suspended or revoked pursuant to subsection 1, paragraph “d”, or section 321.101A, is transferred to a bona fide purchaser for value without actual knowledge of such suspension or revocation, then the vehicle shall be deemed to be registered and the provisions of sections 321.28 and 321.30, subsection 1, paragraphs “d” and “e”, shall not be applicable to such vehicle for the failure of the previous owner to pay the required fees.[C24, 27, 31, 35, §5090; C39, §5007.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.101; 1982 Acts, ch 1251, §14]1995 Acts, ch 55, §5; 1999 Acts, ch 188, §12; 2000 Acts, ch 1016, §12; 2001 Acts, ch 153, §17; 2004 Acts, ch 1013, §19,35; 2007 Acts, ch 126, §55; 2008 Acts, ch 1113, §84Referred to in 321.30321.101ARevocation of registration by county treasurer.The county treasurer may revoke the registration and registration plates of a vehicle if the annual registration fee or the fee for new registration is paid by check, electronic payment, or credit card and the check, electronic payment, or credit card is not honored by the payer’s financial institution or credit card company, upon reasonable notice and demand. The owner of the vehicle or person in possession of the registration and registration plates for the vehicle shall immediately return the revoked registration and registration plates to the appropriate county treasurer’s office.2000 Acts, ch 1016, §13; 2006 Acts, ch 1070, §8,31; 2008 Acts, ch 1113, §85Referred to in 321.30, 321.101321.102Suspending or revoking special registration.The department is also authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, transporter, or dealer upon determining that any said person is not lawfully entitled thereto or has made or knowingly permitted any illegal use of such plates or has committed fraud in the registration of vehicles or failed to give notices of transfer when and as required by this chapter.[C39, §5007.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.102]321.103Owner to return evidences of registration and title.Whenever the department as authorized hereunder cancels, suspends, or revokes the registration of a vehicle, or certificate of title, or registration card, or registration plate or plates, or any nonresident or other permit or the registration of any dealer, the owner or person in possession of the same shall immediately return the evidences of registration, certificate of title, or plates so canceled, suspended, or revoked to the department.[C39, §5007.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.103]321.104Penal offenses against title law.It is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2, for any person to commit any of the following acts:1.  To operate any motor vehicle upon the highways upon which the certificate of title has been canceled, or while a certificate of registration of a motor vehicle is suspended or revoked.2.  For a dealer or a person acting on behalf of a dealer to acquire, purchase, hold or display for sale a motor vehicle without having obtained a manufacturer’s or importer’s certificate or a certificate of title, or assignments thereof, unless otherwise provided in this chapter.3.  To fail to surrender a certificate of title, registration card, or registration plates upon cancellation, suspension, or revocation of the certificate or registration by the department and notice as prescribed in this chapter.4.  To sell, offer for sale, or transfer a motor vehicle, trailer, or semitrailer, except as provided in section 321.47 or 321.48, section 321.52, subsection 2, paragraph “b”, or section 321.52, subsection 4, paragraph “a”, without obtaining a certificate of title in the name of the seller or transferor or without delivering to the purchaser or transferee a certificate of title or a manufacturer’s or importer’s certificate duly assigned to the purchaser or transferee as provided in this chapter.5.  To violate any of the other provisions of this chapter or any lawful rules adopted pursuant to this chapter.6.  For a manufactured or mobile home retailer to sell or transfer a mobile home or manufactured home without delivering to the purchaser or transferee a certificate of title or a manufacturer’s or importer’s certificate properly assigned to the purchaser, or to transfer a mobile home or manufactured home without disclosing to the purchaser the owner of the mobile home or manufactured home in a manner prescribed by the department pursuant to rules, or to fail to apply for and obtain a certificate of title for a used mobile home or manufactured home, titled in Iowa, acquired by the manufactured or mobile home retailer within thirty days from the date of acquisition as required under section 321.45, subsection 4.[S13, §1571-m24; C24, 27, 31, 35, §5086; C39, §5007.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.104; 1982 Acts, ch 1251, §15]85 Acts, ch 195, §33, 86 Acts, ch 1237, §20, 87 Acts, ch 130, §5, 97 Acts, ch 108, §9, 99 Acts, ch 188, §13, 2000 Acts, ch 1154, §23, 2000 Acts, ch 1203, §5, 2001 Acts, ch 137, §5, 2001 Acts, ch 153, §17, 2002 Acts, ch 1119, §49, 2010 Acts, ch 1190, §36, 2015 Acts, ch 52, §6, 14, 2017 Acts, ch 31, §4Referred to in 321.48, 805.8AREGISTRATION FEES
Local vehicle tax; see chapter 423B
321.105Annual registration fee required.1.  An annual registration fee shall be paid for each vehicle operated upon the public highways of this state unless the vehicle is specifically exempted under this chapter. If a vehicle, which has been registered for the current registration year, is transferred during the registration year, the transferee shall reregister the vehicle as provided in section 321.46.2.  The annual registration fee shall be paid to the county treasurer at the same time the application is made for the registration or reregistration of the motor vehicle or trailer. An owner may, when applying for registration or reregistration of a motor vehicle or trailer, request that the plates be mailed to the owner’s post office address. The owner’s request shall be accompanied by a mailing fee as determined annually by the director in consultation with the Iowa county treasurers association.3.  Upon application by a financial institution, as defined in section 422.61, and approval of the application by the county treasurer, the county treasurer in any county may authorize the financial institution to receive applications for renewal of vehicle registrations and payment of the annual registration fees. The annual registration fees shall be delivered to the county treasurer at the time the county treasurer has processed the vehicle registration application. Annual registration fees received with vehicle registration applications shall be designated as public funds only upon receipt of such funds by the county treasurer from the financial institution.4.  In addition to the payment of an annual registration fee for each trailer and semitrailer to be issued a registration plate under chapter 326, an additional registration fee may be paid for a period of four subsequent registration years.5.  Seriously disabled veterans who have been provided with an automobile or other vehicle by the United States government under the provisions of 38 U.S.C. §3901 3904, shall be exempt from payment of the registration fee provided in this chapter for that vehicle, and shall be provided, without fee, with one set of regular registration plates or one set of any type of special registration plates associated with service in the United States armed forces for which the disabled veteran qualifies under section 321.34. The disabled veteran, to be able to claim the benefit, must be a resident of the state of Iowa. In lieu of the set of regular or special military registration plates available without fee, the disabled veteran may obtain a set of nonmilitary special registration plates or personalized plates issued under section 321.34 by paying the additional fees associated with those plates.[SS15, §1571-m7; C24, 27, 31, 35, §4904; C39, §5008.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.105]82 Acts, ch 1062, §12, 38, 83 Acts, ch 123, §125, 209, 86 Acts, ch 1182, §2, 95 Acts, ch 118, §16, 97 Acts, ch 108, §10, 97 Acts, ch 121, §3, 2000 Acts, ch 1216, §4, 2008 Acts, ch 1018, §20, 2008 Acts, ch 1113, §86, 2010 Acts, ch 1061, §180, 2012 Acts, ch 1093, §8, 2018 Acts, ch 1026, §109Referred to in 25.1, 321.34, 321.105A, 321.145, 321.166, 321L.2, 326.2, 331.427, 331.557
Collection of mobile home tax, §435.24
Subsection 5 amended
321.105AFee for new registration.1.Definitions.The following terms, when used in this section, shall have the following meanings, except in those instances where the context clearly indicates otherwise:a.  “Department” means the department of revenue.b.  “Director” means the director of revenue.c.  “Owner” means as defined in section 321.1. For purposes of the fee for new registration imposed on leased vehicles under subsection 3, “owner” means the “lessor”.d.  “Purchase” means any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for consideration.2.Fee imposed — exemptions.In addition to the annual registration fee required under section 321.105, a “fee for new registration” is imposed in the amount of five percent of the purchase price for each vehicle subject to registration. The fee for new registration shall be paid by the owner of the vehicle to the county treasurer at the time application is made for a new registration and certificate of title, if applicable. A new registration receipt shall not be issued until the fee has been paid. The county treasurer or the department of transportation shall require every applicant for a new registration receipt for a vehicle subject to registration to supply information as the county treasurer or the director deems necessary as to the time of purchase, the purchase price, and other information relative to the purchase of the vehicle. On or before the tenth day of each month, the county treasurer or the department of transportation shall remit to the department of revenue the amount of the fees for new registration collected during the preceding month.a.  For purposes of this subsection, “purchase price” applies to the measure subject to the fee for new registration. “Purchase price” shall be determined in the same manner as “sales price” is determined for purposes of computing the tax imposed upon the sales price of tangible personal property under chapter 423, pursuant to the definition of sales price in section 423.1, subject to the following exemptions:(1)  Exempted from the purchase price of any vehicle subject to registration is the amount of any cash rebate which is provided by a motor vehicle manufacturer to the purchaser of the vehicle subject to registration so long as the rebate is applied to the purchase price of the vehicle.(2)(a)  In transactions, except those subject to subparagraph division (b), in which a vehicle subject to registration is traded toward the purchase price of another vehicle subject to registration, the purchase price is only that portion of the purchase price which is valued in money, whether received in money or not, if the following conditions are met:(i)  The vehicle traded to the retailer is the type of vehicle normally sold in the regular course of the retailer’s business.(ii)  The vehicle traded to the retailer is intended by the retailer to be ultimately sold at retail or is intended to be used by the retailer or another in the remanufacturing of a like vehicle.(b)  In a transaction between persons, neither of which is a retailer of vehicles subject to registration, in which a vehicle subject to registration is traded toward the purchase price of another vehicle subject to registration, the amount of the trade-in value allowed on the vehicle subject to registration traded is exempted from the purchase price.(c)  In order for the trade-in value to be excluded from the purchase price, the name or names on the title and registration of the vehicle being purchased must be the same name or names on the title and registration of the vehicle being traded. The following trades qualify under this subparagraph division (c):(i)  A trade involving spouses, if the traded vehicle and the acquired vehicle are titled in the name of one or both of the spouses, with no outside party named on the title.(ii)  A trade involving a grandparent, parent, or child, including adopted and step relationships, if the name of one of the family members from the title of the traded vehicle is also on the title of the newly acquired vehicle.(iii)  A trade involving a business, if one of the owners listed on the title of the traded vehicle is a business, and the names on the title are separated by “or”.(iv)  A trade in which the vehicle being purchased is titled in the name of an individual other than the owner of the traded vehicle due to the cosigning requirements of a financial institution.(3)  Exempted from the purchase price of a replacement motor vehicle owned by a motor vehicle dealer licensed under chapter 322 which is being registered by that dealer and is not otherwise exempt from the fee for new registration is the fair market value of a replaced motor vehicle if all of the following conditions are met:(a)  The motor vehicle being registered is being placed in service as a replacement motor vehicle for a motor vehicle registered by the motor vehicle dealer.(b)  The motor vehicle being registered is taken from the motor vehicle dealer’s inventory.(c)  Use tax or the fee for new registration on the motor vehicle being replaced was paid by the motor vehicle dealer when that motor vehicle was registered.(d)  The replaced motor vehicle is returned to the motor vehicle dealer’s inventory for sale.(e)  The application for registration and title of the motor vehicle being registered is filed with the county treasurer within two weeks of the date the replaced motor vehicle is returned to the motor vehicle dealer’s inventory.(f)  The motor vehicle being registered is placed in the same or substantially similar service as the replaced motor vehicle.b.  For purposes of this subsection, the fee for new registration on a vehicle registered in this state by the manufacturer of that vehicle from a manufacturer’s statement of origin is calculated on the base value of fifty percent of the retail list price of the vehicle.c.  The following are exempt from the fee for new registration imposed under this subsection, as long as a valid affidavit is filed with the county treasurer at the time of application for registration:(1)  Entities listed in section 423.3, subsections 17, 18, 19, 20, 21, 22, 26, 27, 28, 31, and 79, to the extent that those entities are exempt from the tax imposed on the sale of tangible personal property, consisting of goods, wares, or merchandise, sold at retail in the state to consumers or users.(2)  Vehicles as defined in section 321.1, subsections 41, 64A, 71, 85, and 88, except such vehicles subject to registration which are designed primarily for carrying persons, when purchased for lease and actually leased to a lessee for use outside the state of Iowa and the subsequent sole use in Iowa is in interstate commerce or interstate transportation.(3)(a)  Vehicles subject to registration which are transferred from a business or individual conducting a business within this state as a sole proprietorship, partnership, or limited liability company to a corporation formed by the sole proprietorship, partnership, or limited liability company for the purpose of continuing the business when all of the stock of the corporation so formed is owned by the sole proprietor and the sole proprietor’s spouse, by all the partners in the case of a partnership, or by all the members in the case of a limited liability company. This exemption is equally available where the vehicles subject to registration are transferred from a corporation to a sole proprietorship, partnership, or limited liability company formed by that corporation for the purpose of continuing the business when all of the incidents of ownership are owned by the same person or persons who were stockholders of the corporation.(b)  This exemption also applies where the vehicles subject to registration are transferred from a corporation as part of the liquidation of the corporation to its stockholders if within three months of such transfer the stockholders retransfer those vehicles subject to registration to a sole proprietorship, partnership, or limited liability company for the purpose of continuing the business of the corporation when all of the incidents of ownership are owned by the same person or persons who were stockholders of the corporation.(c)  This exemption applies to corporations that have been in existence for not longer than twenty-four months.(4)  Vehicles subject to registration which are transferred from a corporation that is primarily engaged in the business of leasing vehicles subject to registration to a corporation that is primarily engaged in the business of leasing vehicles subject to registration when the transferor and transferee corporations are part of the same controlled group for federal income tax purposes.(5)(a)  Vehicles registered or operated under chapter 326 and used substantially in interstate commerce. For purposes of this subparagraph (5), “substantially in interstate commerce” means that a minimum of twenty-five percent of the miles operated by the vehicle accrues in states other than Iowa. This subparagraph (5) applies only to vehicles which are registered for a gross weight of thirteen tons or more.(b)  For purposes of this subparagraph (5), trailers and semitrailers registered or operated under chapter 326 are deemed to be used substantially in interstate commerce and to be registered for a gross weight of thirteen tons or more.(c)  For the purposes of this subparagraph (5), if a vehicle meets the requirement that twenty-five percent of the miles operated accrues in states other than Iowa in each year of the first four-year period of operation, the exemption from the fee for new registration shall continue until the vehicle is sold or transferred. If the vehicle is found to have not met the exemption requirements or the exemption was revoked, the value of the vehicle upon which the fee for new registration shall be imposed is based on the original purchase price if revocation or nonqualification for this exemption occurs during the first year following registration. If revocation or nonqualification for this exemption occurs after the first year following registration, the value of the vehicle upon which the fee shall be imposed is the book or market value, whichever is less, at the time the exemption requirements were not met or the exemption was revoked.(6)  Vehicles, excluding autocycles, motorcycles, and motorized bicycles, subject to registration in any state when purchased for rental or registered and titled by a motor vehicle dealer licensed pursuant to chapter 322 for rental use, and held for rental for a period of one hundred twenty days or more and actually rented for periods of sixty days or less by a person regularly engaged in the business of renting vehicles, including but not limited to motor vehicle dealers licensed pursuant to chapter 322 who rent automobiles to users, if the rental of the vehicles is subject to taxation under section 423.2 or chapter 423C.(7)  Vehicles subject to registration in this state for which the applicant for registration has paid to another state a state sales, use, or occupational tax. However, if the tax paid to another state is less than the fee for new registration calculated for the vehicle, the difference shall be the amount to be collected as the fee for new registration.(8)  A vehicle subject to registration in this state which is owned by a person who has moved from another state with the intention of changing residency to Iowa, provided that the vehicle was purchased for use in the state from which the applicant moved and was not, at or near the time of purchase, purchased for use in Iowa.(9)  A vehicle that was previously registered in this state and was subsequently registered in another state is not subject to the fee for new registration when it is again registered in this state, provided that the applicant for registration has maintained ownership of the vehicle since its initial registration in this state and has previously paid the use tax or fee for new registration for the vehicle in this state.(10)  Vehicles transferred by operation of law as provided in section 321.47.(11)  Vehicles for which ownership is transferred to or from a revocable or irrevocable trust, if no consideration is present.(12)  Vehicles transferred to the surviving corporation for no consideration as a result of a corporate merger according to the laws of this state in which the merging corporation is immediately extinguished and dissolved.(13)  Vehicles purchased in this state by a nonresident for removal to the nonresident’s state of residence if the purchaser applies to the county treasurer for a transit plate under section 321.109.(14)  Vehicles purchased by a licensed motor vehicle dealer for resale or primarily for use by the dealer’s customers while the customers’ vehicles are being serviced or repaired by the dealer.(15)  Vehicles purchased by a licensed wholesaler of new motor vehicles for resale.(16)  Homemade vehicles built from parts purchased at retail, upon which the consumer paid a tax to the seller, but only on such vehicles never before registered. This exemption does not apply for vehicles subject to registration which are made by a manufacturer engaged in the business for the purpose of sales or rental.(17)  Vehicles titled under a salvage certificate of title. However, when such a vehicle has been repaired and a regular certificate of title is applied for, the fee for new registration is due as follows:(a)  If the owner of the vehicle is a licensed recycler, unless the applicant is licensed as a vehicle dealer, the fee for new registration applies based on the fair market value of the vehicle, with deduction allowed for the cost of parts, supplies, and equipment for which sales tax was paid and which were used to rebuild the vehicle.(b)  If the owner is a person who is not licensed as a recycler or vehicle dealer, the fee for new registration applies based on the fair market value of the vehicle, with deduction allowed for the cost of parts, frames, chassis, auto bodies, or supplies that were purchased to rebuild the vehicle and for which sales tax was paid.(18)  A vehicle delivered to a resident Native American Indian on the reservation.(19)  A vehicle transferred from one individual to another as a gift in a transaction in which no consideration is present.(20)  A vehicle given by a corporation as a gift to a retiring employee.(21)  A vehicle sold by an entity where the profits from the sale are used by or donated to a nonprofit entity which is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code, a government entity, or a nonprofit private educational institution, and where the entire proceeds from the sale of the vehicle are expended for any of the following purposes:(a)  Educational.(b)  Religious.(c)  Charitable. A charitable act is an act done out of goodwill, benevolence, and a desire to add to or to improve the good of humankind in general or any class or portion of humankind, with no pecuniary profit inuring to the person performing the service or giving the gift.(22)  A vehicle given or sold to be subsequently awarded as a raffle prize under chapter 99B.(23)  A vehicle won as a raffle prize under chapter 99B.(24)  A vehicle that is directly and primarily used in the recycling or reprocessing of waste products.(25)  Vehicles subject to registration under this chapter with a gross vehicle weight rating of less than sixteen thousand pounds when purchased for lease and titled by the lessor licensed pursuant to chapter 321F and actually leased for a period of twelve months or more if the lease of the vehicle is subject to the fee for new registration under subsection 3 or exempt from the fee for new registration pursuant to subsection 3, paragraph “f”.(a)  A lessor may maintain the exemption under this subparagraph (25) for a qualifying lease that terminates at the conclusion or prior to the contracted expiration date if the lessor does not use the vehicle for any purpose other than for lease.(b)  Once the vehicle is used by the lessor for a purpose other than for lease, the exemption under this subparagraph (25) no longer applies and, unless there is another exemption from the fee for new registration, the fee for new registration is due on the fair market value of the vehicle determined at the time the lessor uses the vehicle for a purpose other than for lease, payable to the department.(c)  If the lessor holds the vehicle exclusively for sale, the fee for new registration is due and payable on the purchase price of the vehicle at the time of purchase pursuant to this subsection.(26)  A vehicle repossessed by a licensed vehicle dealer pursuant to the uniform commercial code, chapter 554, provided there is a valid lien on the title and the dealer anticipates reselling the vehicle.(27)  A vehicle repossessed by a financial institution or an individual by means of a foreclosure affidavit pursuant to the uniform commercial code, chapter 554, provided there is a valid lien on the vehicle and the foreclosure affidavit is used for the sole purpose of retaining possession of the vehicle until a new buyer is found. However, if the financial institution or individual uses the foreclosure affidavit to take title to the vehicle and register the vehicle, the fee for new registration shall be due based on the outstanding loan amount on the vehicle.(28)  A damaged vehicle acquired by an insurance company from a client or financial institution, provided the insurance company has a vehicle dealers license.(29)  A vehicle returned to a manufacturer and titled in the manufacturer’s name under section 322G.12.(30)  A vehicle purchased directly by a federal, state, or local governmental agency and titled in an individual’s name pursuant to a governmental program authorized by law.(31)(a)  A new completed motor vehicle purchased at retail by an equipment dealer who is licensed as a motor vehicle dealer under chapter 322, provided that all of the following apply:(i)  The equipment dealer modifies the vehicle as provided in subparagraph division (b), subparagraph subdivision (i) or (ii).(ii)  The total value of the work performed and the equipment installed on the vehicle equals or exceeds eighty percent of the purchase price paid for the new vehicle.(iii)  Notwithstanding section 322.3, the equipment dealer sells the modified vehicle as a used vehicle to a purchaser that is a business or government entity, and not an individual consumer.(b)  For purposes of this subparagraph, “equipment dealer” means a person who does at least one of the following:(i)  Rebuilds new completed motor vehicles by fabricating, altering, adding, or replacing essential parts, components, or equipment for the purpose of building an ambulance, rescue vehicle, fire vehicle, or towing or recovery vehicle.(ii)  Installs cranes, hook loaders, buckets, aerial ladders, tanks, or special equipment on new completed motor trucks with a gross vehicle weight rating of fourteen thousand five hundred pounds or more.3.Leased vehicles.a.  A fee for new registration is imposed in an amount equal to five percent of the leased price for each vehicle subject to registration with a gross vehicle weight rating of less than sixteen thousand pounds which is leased by a lessor licensed pursuant to chapter 321F for a period of twelve months or more. The fee for new registration shall be paid by the owner of the vehicle to the county treasurer from whom the registration receipt or certificate of title is obtained. A registration receipt for a vehicle subject to registration or issuance of a certificate of title shall not be issued until the fee for new registration is paid in the initial instance.b.  The amount of the lease price subject to the fee for new registration shall be computed on each separate lease transaction by taking the total of the lease payments, plus the down payment, and excluding the following charges, if included as part of the lease payment:(1)  Title fee.(2)  Annual registration fees.(3)  Fee for new registration.(4)  Federal excise taxes attributable to the sale of the vehicle to the owner or to the lease of the vehicle by the owner.(5)  Optional service or warranty contracts subject to tax pursuant to section 423.2, subsection 1.(6)  Insurance.(7)  Manufacturer’s rebate.(8)  Refundable deposit.(9)  Finance charges, if any, on items listed in subparagraphs (1) through (8).c.  If any or all of the items in paragraph “b”, subparagraphs (1) through (8), are excluded from the lease price subject to the fee for new registration, the owner shall maintain adequate records of the amounts of those items. If the parties to a lease enter into an agreement providing that the fee for new registration is to be paid by the lessee or included in the monthly lease payments to be paid by the lessee, the total cost of the fee for new registration shall not be included in the computation of the lease price for the purpose of the fee for new registration under this section. The county treasurer or the department of transportation shall require every applicant for a registration receipt for a vehicle subject to a fee for new registration to supply information as the county treasurer or the director deems necessary as to the date of the lease transaction, the lease price, and other information relative to the lease of the vehicle.d.  On or before the tenth day of each month, the county treasurer or the department of transportation shall remit to the department of revenue the amount of the fees for new registration collected during the preceding month.e.  If the lease is terminated prior to the termination date contained in the lease agreement, no refund shall be allowed for a fee for new registration previously paid under this section, except as provided in section 322G.4.f.  The following are exempt from the fee for new registration imposed under this subsection as long as a valid affidavit is filed with the county treasurer at the time of application for registration:(1)  Vehicles leased to entities listed in section 423.3, subsections 17, 18, 19, 20, 21, 22, 26, 27, 28, 31, and 79, to the extent that those entities are exempt from the tax imposed on the sale of tangible personal property, consisting of goods, wares, or merchandise, sold at retail in the state to consumers or users.(2)  A vehicle leased directly to a federal, state, or local governmental agency and titled in an individual’s name pursuant to a governmental program authorized by law.4.Administration and enforcement — director of revenue.a.  The director of revenue in consultation with the department of transportation shall administer and enforce the fee for new registration as nearly as possible in conjunction with the administration and enforcement of the state use tax law, except that portion of the law which implements the streamlined sales and use tax agreement.b.  Section 422.25, subsection 4, sections 422.30, 422.67, and 422.68, section 422.69, subsection 1, sections 422.70, 422.71, 422.72, 422.74, and 422.75, section 423.14, subsection 2, and sections 423.23, 423.24, 423.25, 423.32, 423.33, 423.35, 423.37 through 423.42, 423.45, and 423.47, consistent with the provisions of this section, apply with respect to the fees for new registration authorized under this section in the same manner and with the same effect as if the fees for new registration were retail use taxes within the meaning of those statutes.5.Collections by dealers.a.  If an amount of the fee for new registration represented by a dealer to the purchaser of a vehicle is computed upon a purchase price that is not subject to the fee for new registration or the amount represented is in excess of the actual amount subject to the fee and the amount represented is actually paid by the purchaser to the dealer, the excess amount of fee for new registration paid shall be returned to the purchaser upon notification to the dealer by the department that an excess payment exists.b.  If an amount of the fee for new registration represented by a dealer to a purchaser is computed upon a purchase price that is not subject to the fee for new registration or the amount represented is in excess of the actual amount subject to the fee and the amount represented is actually paid by the purchaser to the dealer, the excess amount of fee for new registration paid shall be returned to the purchaser upon proper notification to the dealer by the purchaser that an excess payment exists. “Proper” notification is written notification which allows a dealer at least sixty days to respond and which contains enough information to allow a dealer to determine the validity of a purchaser’s claim that an excess amount of fee for new registration has been paid. No cause of action shall accrue against a dealer for excess fee for new registration paid until sixty days after proper notification has been given the dealer by the purchaser.c.  In the circumstances described in paragraphs “a” and “b”, a dealer has the option to either return any excess amount of fee for new registration paid to a purchaser, or to remit the amount which a purchaser has paid to the dealer to the department.6.Refunds.a.  A fee for new registration is not refundable, except in the following circumstances:(1)  If a vehicle is sold and later returned to the seller and the entire purchase price is refunded by the seller, the purchaser is entitled to a refund of the fee for new registration paid. To obtain a refund, the purchaser shall make application on forms provided by the department and show proof that the entire purchase price was returned and that the fee for new registration had been paid.(2)  If a vehicle manufacturer reimburses a purchaser for the fee for new registration paid on a returned defective vehicle, the manufacturer may obtain a refund from the department by providing proof that the fee was paid and the purchaser reimbursed in accordance with the provisions of chapter 322G.(3)  If the department determines that, as a result of a mistake, an amount of the fee for new registration has been paid which was not due, such amount shall be refunded to the vehicle owner by the department.b.  A claim for refund under this subsection that has not been filed with the department within three years after the fee for new registration was paid shall not be allowed by the director.7.Penalty for false statement or evasion of fee.a.  A person who willfully makes a false statement in regard to the purchase price of a vehicle subject to a fee for new registration or willfully attempts in any manner to evade payment of the fee required by this section is guilty of a fraudulent practice. A person who willfully makes a false statement in regard to the purchase price of such a vehicle with the intent to evade payment of the fee for new registration or willfully attempts in any manner to evade payment of the fee required by this section shall be assessed a penalty of seventy-five percent of the amount of the fee unpaid and required to be paid on the actual purchase price less trade-in allowance.b.  An Iowa resident found to be in control of a vehicle which is owned by a shell business and for which the fee for new registration has not been paid, as provided in section 321.55, subsection 2, is guilty of a fraudulent practice. An Iowa resident found to be in control of a vehicle which is owned by a shell business and for which the fee for new registration has not been paid, as provided in section 321.55, subsection 2, shall be assessed a penalty of seventy-five percent of the amount of the fee unpaid and required to be paid on the actual purchase price less trade-in allowance.2008 Acts, ch 1113, §40, 2008 Acts, ch 1191, §128, 2009 Acts, ch 41, §251, 263, 2009 Acts, ch 60, §2, 3, 2009 Acts, ch 179, §122 – 124, 2010 Acts, ch 1145, §1, 17, 2011 Acts, ch 110, §1, 2, 2013 Acts, ch 30, §68, 2013 Acts, ch 140, §161, 2014 Acts, ch 1065, §2, 2014 Acts, ch 1110, §3, 2014 Acts, ch 1123, §31, 2016 Acts, ch 1098, §14Referred to in 312.2, 321.2, 321.20, 321.24, 321.48, 321.129, 321.145, 321.152, 322G.12, 331.557, 423.3
Fraudulent practices, see §714.8 714.14
321.106Registration for fractional part of year.1.  When a motor truck, truck tractor, or road tractor is registered by the county treasurer pursuant to section 321.120, 321.121, or 321.122 and there is no delinquency and the registration is made in February or succeeding months through November, the annual registration fee shall be prorated for the remaining unexpired months of the registration year. A fee shall not be required for the month of December for a vehicle registered on a calendar year basis on which there is no delinquency. However, when such a vehicle is registered in November, the vehicle may be registered for the remaining unexpired months of the registration year or for the remaining unexpired months of the registration year and for the next registration year, upon payment of the applicable registration fees.2.  When a vehicle is registered under chapter 326 and there is no delinquency and the registration is made in the second through eleventh month of the registration year, the annual registration fee shall be prorated for the remaining unexpired months of the registration year. However, when such a vehicle is registered in the eleventh month of the registration year, the vehicle may be registered for the remaining unexpired months of the registration year and for the next registration year, upon payment of the applicable registration fees.3.  When a vehicle is registered on a birth month basis and there is no delinquency and the registration is made in the month after the beginning of the registration year or succeeding months, the annual registration fee shall be prorated for the remaining unexpired months of the registration year. A fee shall not be required for the month of the owner’s birthday for a vehicle on which there is no delinquency. However, when a vehicle registered on a birth month basis is registered during the eleventh month of the registration year, the vehicle may be registered for the remaining unexpired months of the registration year or for the remaining unexpired months of the registration year and for the next registration year, upon payment of the applicable registration fees.4.  If a fee computed under this section contains a fractional part of a dollar, the fee shall be computed to the nearest whole dollar. A fee computed under this section shall not be less than five dollars. The fee so computed shall be deemed to be the annual registration fee for the remainder of the registration year. This subsection does not apply to vehicles registered under chapter 326.5.  A reduction in the annual registration fee shall not be allowed by the department until the applicant files satisfactory evidence to prove that there is no delinquency in registration.[SS15, §1571-m7; C24, 27, 31, 35, §4905; C39, §5008.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.106]82 Acts, ch 1062, §13, 38, 83 Acts, ch 24, §5, 12, 2000 Acts, ch 1028, §3, 4, 2008 Acts, ch 1113, §87, 2012 Acts, ch 1093, §9, 40, 2013 Acts, ch 103, §9Referred to in 321.466, 331.557321.107 and 321.108 321.109Annual registration fee computed — transit fee.1.a.  The annual fee for all motor vehicles including vehicles designated by manufacturers as station wagons, 1993 and subsequent model year multipurpose vehicles, and 2010 and subsequent model year motor trucks with an unladen weight of ten thousand pounds or less, except motor trucks registered under section 321.122, business-trade trucks, special trucks, motor homes, motorsports recreational vehicles, ambulances, hearses, autocycles, motorcycles, motorized bicycles, and 1992 and older model year multipurpose vehicles, shall be equal to one percent of the value as fixed by the department plus forty cents for each one hundred pounds or fraction thereof of weight of vehicle, as fixed by the department. The weight of a motor vehicle, fixed by the department for registration purposes, shall include the weight of a battery, heater, bumpers, spare tire, and wheel. Provided, however, that for any new vehicle purchased in this state by a nonresident for removal to the nonresident’s state of residence the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of ten dollars shall be paid. And provided, however, that for any used vehicle held by a registered dealer and not currently registered in this state, or for any vehicle held by an individual and currently registered in this state, when purchased in this state by a nonresident for removal to the nonresident’s state of residence, the purchaser may make application to the county treasurer in the county of purchase for a transit plate for which a fee of three dollars shall be paid. The county treasurer shall issue a nontransferable certificate of registration for which no refund shall be allowed; and the transit plates shall be void thirty days after issuance. Such purchaser may apply for a certificate of title by surrendering the manufacturer’s or importer’s certificate or certificate of title, duly assigned as provided in this chapter. In this event, the treasurer in the county of purchase shall, when satisfied with the genuineness and regularity of the application, and upon payment of a fee of twenty dollars, issue a certificate of title in the name and address of the nonresident purchaser delivering the title to the owner. If there is a security interest noted on the title, the county treasurer shall mail to the secured party an acknowledgment of the notation of the security interest. The county treasurer shall not release a security interest that has been noted on a title issued to a nonresident purchaser as provided in this paragraph. The application requirements of section 321.20 apply to a title issued as provided in this subsection, except that a natural person who applies for a certificate of title shall provide either the person’s social security number, passport number, or driver’s license number, whether the license was issued by this state, another state, or another country. The provisions of this subsection relating to multipurpose vehicles are effective for all 1993 and subsequent model years. The annual registration fee for multipurpose vehicles that are 1992 model years and older shall be in accordance with section 321.124.b.  The annual registration fee shall be sixty dollars for a vehicle with permanently installed equipment manufactured for and necessary to assist a person with a disability who is either the owner or lessee of the vehicle or a member of the owner’s or lessee’s household in entry and exit of the vehicle or if the owner or lessee of the vehicle or a member of the owner’s or lessee’s household uses a wheelchair as the only means of mobility. This paragraph applies only to vehicles that are otherwise subject to paragraph “a” and to motor trucks with an unladen weight of ten thousand pounds or less that are otherwise subject to section 321.122. For purposes of this paragraph, “uses a wheelchair”does not include use of a wheelchair due to a temporary injury or medical condition.2.a.  Dealers may, in addition to other provisions of this section, purchase from the department in-transit permits, for which a fee of two dollars per permit shall be paid at time of purchase. One such permit shall be displayed on each vehicle purchased from a dealer by a nonresident for removal to the state of the nonresident’s residence, and one such permit shall also be displayed on each vehicle not currently registered in Iowa and purchased by an Iowa dealer for removal to the dealer’s place of business in this state. The permits shall be void fifteen days after issuance by the selling dealer. Each permit shall contain the following information:(1)  The words “in-transit” in bold type.(2)  The dealer’s license number.(3)  The date issued.(4)  The purchaser’s name and address.(5)  The word “Iowa” in bold type.(6)  The words “good for fifteen days after the date of issuance”.(7)  Other information the director requires.b.  The sales invoice verifying the sale shall be in the possession of the driver of the vehicle in transit and shall be signed by the owner or an authorized individual of the issuing dealership.c.  Motor vehicles brought into the state on a transit sticker for the purpose of installation of special equipment may also be subject to the provisions of this subsection.3.  The owner of an unregistered motor vehicle or motor vehicle for which the registration is delinquent may make application to the county treasurer of the county of residence or, if the unregistered or delinquent motor vehicle is purchased by a nonresident of the state, to the county treasurer in the county of purchase, for a temporary thirty-day permit for a fee of twenty-five dollars. The permit shall authorize the motor vehicle to be driven or towed upon the highway, but shall not authorize a motor truck or truck tractor to haul or tow a load. The permit fee shall not be considered a registration fee or exempt the owner from payment of all other fees, registration fees, and penalties due. If the annual registration fee for the motor vehicle is delinquent, the annual registration fee and penalty shall continue to accrue until paid. The permit fee shall not be prorated, refunded, or used as credit as provided under section 321.46. The permit shall be displayed in the upper left-hand corner of the rear window of all motor vehicles, except motorcycles. Permits issued for a motorcycle shall be attached to the rear of the motorcycle.[C24, 27, 31, 35, §4908; C39, §5008.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.109]84 Acts, ch 1305, §60, 88 Acts, ch 1007, §1, 92 Acts, ch 1019, §1, 8, 92 Acts, ch 1222, §1, 92 Acts, ch 1232, §401, 412, 93 Acts, ch 165, §1, 96 Acts, ch 1129, §113, 96 Acts, ch 1152, §4, 2004 Acts, ch 1013, §20, 35, 2005 Acts, ch 8, §12, 13, 2006 Acts, ch 1068, §16, 41, 2008 Acts, ch 1042, §1, 2008 Acts, ch 1113, §3, 11, 20, 21, 88, 2010 Acts, ch 1035, §2, 2010 Acts, ch 1061, §180, 2014 Acts, ch 1127, §6, 2016 Acts, ch 1098, §15Referred to in 312.2, 321.17, 321.34, 321.105A, 321.110, 321.113, 321.115A, 321.122, 321.124, 331.557321.110Rejecting fractional dollars.When the annual registration fee, computed according to section 321.109, subsection 1, totals a fraction over a certain number of dollars the fee shall be arrived at by computing to the nearest even dollar.[C27, 31, 35, §4908-a1; C39, §5008.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.110]2008 Acts, ch 1113, §89Referred to in 331.557321.111Conversion of car — effect.Any motor vehicle originally registered as a passenger car and thereafter converted into a truck with a loading capacity of less than one thousand pounds, shall be registered as a passenger car.[C35, §4908-g1; C39, §5008.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.111]Referred to in 331.557321.112Minimum motor vehicle fee.No motor vehicle, except as provided in section 321.117, shall be registered for a registration year for less than ten dollars.[C24, 27, 31, 35, §4909; C39, §5008.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.112]1982 Acts, ch 1062, §14,38; 2007 Acts, ch 143, §11,35; 2008 Acts, ch 1124, §37Referred to in 331.557321.113Automatic reduction.1.  The annual registration fee for a motor vehicle shall not be automatically reduced under this section unless the fee is based on the value and weight of the motor vehicle as provided in section 321.109, subsection 1.2.  If a motor vehicle is more than seven model years old, the part of the annual registration fee that is based on the value of the vehicle shall be seventy-five percent of the rate as fixed when the motor vehicle was new and the total fee shall not be less than fifty dollars; except that if the registration is a renewal for a vehicle registered to the same owner prior to January 1, 2009, the annual registration fee shall not be more than the fee paid for the previous registration year.3.  If a motor vehicle is more than nine model years old, the part of the annual registration fee that is based on the value of the vehicle shall be fifty percent of the rate as fixed when the motor vehicle was new and the total fee shall not be less than fifty dollars; except that if the registration is a renewal for a vehicle registered to the same owner prior to January 1, 2009, the annual registration fee shall not be more than the fee paid for the previous registration year.4.a.  Except as provided in paragraph “b”, if a motor vehicle is twelve model years old or older, the annual registration fee is fifty dollars; except that if the registration is a renewal for a vehicle registered to the same owner prior to January 1, 2009, the annual registration fee shall not be more than the fee paid for the previous registration year.b.  If the registration is a renewal for a motor vehicle registered as an antique vehicle by the same owner prior to January 1, 2009, the annual registration fee shall be twenty-three dollars for a motor vehicle that is model year 1970 through 1983 and sixteen dollars for a motor vehicle that is model year 1969 or older.c.  For purposes of determining the portion of an annual registration fee under paragraph “a” or “b” that is based upon the value of the motor vehicle, sixty percent of the annual registration fee is attributable to the value of the vehicle.5.  As used in this section, “owner” includes a surviving spouse who is required to transfer title pursuant to section 321.46 or 321.47.[SS15, §1571-m7; C24, 27, 31, 35, §4910; C39, §5008.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.113]82 Acts, ch 1062, §15, 38, 2001 Acts, ch 132, §4, 24, 2001 Acts, ch 176, §65, 2008 Acts, ch 1113, §4, 11, 90, 2011 Acts, ch 38, §4Referred to in 321.115, 321.115A, 331.557321.114  Reserved.321.115Antique vehicles — model year plates permitted.1.a.  A motor vehicle twenty-five years old or older may be registered as an antique vehicle. The annual registration fee is the fee provided in section 321.113, 321.122, or 321.124.b.  The owner of a motor truck, truck tractor, road tractor, or motor home that is twenty-five years old or older who desires to use the vehicle exclusively for exhibition or educational purposes at state or county fairs, or at other places where the vehicle may be exhibited for entertainment or educational purposes, may register the vehicle as a “limited use” vehicle in accordance with sections 321.58 through 321.62. The “limited use” registration under this paragraph permits driving of the vehicle upon the public roads to and from state and county fairs or other places of entertainment or education for exhibition or educational purposes and to and from service stations for the purpose of receiving necessary maintenance, or for the purposes of transporting, testing, demonstrating, or selling the vehicle.c.  The owner of a motor vehicle registered under this subsection may display authentic Iowa registration plates from the model year of the motor vehicle, furnished by the person and approved by the department, in lieu of the current and valid Iowa registration plates issued for the vehicle, provided that the current and valid Iowa registration plates and the registration card issued for the vehicle are simultaneously carried within the vehicle and are available for inspection to any peace officer upon the officer’s request.2.  The sale of a motor vehicle twenty years old or older which is primarily of value as a collector’s item and not as transportation is not subject to chapter 322, and any person may sell such a vehicle at retail without a license as required under chapter 322.3.  Truck tractors and semitrailers used in combination for exhibition and educational purposes may be registered and driven according to the provisions of subsection 1. Truck tractors and semitrailers registered under this section shall not be used to haul loads.4.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2.[C35, §4911-f1; C39, §5008.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.115]85 Acts, ch 101, §1, 88 Acts, ch 1204, §1, 92 Acts, ch 1175, §31, 97 Acts, ch 104, §13, 2000 Acts, ch 1203, §6, 2001 Acts, ch 137, §5, 2006 Acts, ch 1068, §17, 2007 Acts, ch 143, §12, 35, 2008 Acts, ch 1113, §120, 131, 2008 Acts, ch 1124, §35, 37, 2008 Acts, ch 1191, §136, 2010 Acts, ch 1190, §37Referred to in 321.24, 321.52, 321.438, 331.557, 805.8A321.115AReplica vehicles and street rods — model year plates permitted — penalty.1.  A motor vehicle may be registered as a replica vehicle or street rod. The annual registration fee is the fee provided for in section 321.109, 321.113, 321.122, or 321.124. The owner of a vehicle registered under this section may display registration plates from or representing the model year of the motor vehicle or the model year of the motor vehicle the registered vehicle is designed to resemble, furnished by the person and approved by the department, in lieu of the current and valid Iowa registration plates issued for the vehicle, provided that the current and valid Iowa registration plates and the registration card issued for the vehicle are simultaneously carried within the vehicle and are available for inspection to any peace officer upon the officer’s request.2.  Truck tractors and semitrailers registered under this section shall not be used to haul loads.3.  A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 2.2008 Acts, ch 1044, §6, 8, 2010 Acts, ch 1069, §42, 2010 Acts, ch 1190, §38Referred to in 331.557, 805.8A321.116Electric automobiles.Repealed by 2013 Acts, ch 140, §162, 163.
Section repeal applies to registration of electric motor vehicles for registration years beginning on or after January 1, 2014; for provisions relating to the annual registration fee for electric motor vehicles registered to the same owner for a registration year beginning prior to January 1, 2014, see 2013 Acts, ch 140, §163
321.117Motorcycle, autocycle, ambulance, and hearse fees.For all motorcycles and autocycles the annual registration fee shall be twenty dollars. For all motorized bicycles the annual registration fee shall be seven dollars. When the motorcycle or autocycle is more than five model years old, the annual registration fee shall be ten dollars. The annual registration fee for ambulances and hearses shall be fifty dollars. Passenger car plates shall be issued for ambulances and hearses.[C24, 27, 31, 35, §4912; C39, §5008.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.117]82 Acts, ch 1062, §17, 38, 84 Acts, ch 1305, §61, 2008 Acts, ch 1113, §91, 2016 Acts, ch 1098, §16Referred to in 321.112, 331.557321.118Corn shellers and feed grinders.Repealed by 91 Acts, ch 56, §2. 321.119Church buses.For motor vehicles designed to carry nine passengers or more which are owned and used exclusively by a church or religious organization to transport passengers to and from activities of or sponsored by the church or religious organization and not operated for rent or hire for purposes unrelated to the activities of the church or religious organization, the annual registration fee shall be twenty-five dollars.[C81, §321.119]1984 Acts, ch 1305, §62; 2008 Acts, ch 1113, §92Referred to in 331.557321.120Business-trade trucks.1.  The annual registration fee for a business-trade truck shall be determined pursuant to section 321.122, subsection 1, paragraph “a”.2.  Upon application for a new registration, an owner who registers a motor vehicle as a business-trade truck shall be required to provide proof or affirm that the vehicle meets the definition of a business-trade truck. The department may adopt rules as necessary to prescribe the documentation required of the applicant as proof or affirmation under this subsection but shall not require that such documentation be notarized. If requested by the department of transportation or a county treasurer, the department of revenue shall confirm or refute, according to the most recent records available, that an applicant for registration of a business-trade truck is either a corporation, limited liability company, or partnership or a person who files a schedule C or schedule F form for federal income tax purposes and that the corporation, limited liability company, partnership, or person is allowed a depreciation deduction with respect to the vehicle under section 167 of the Internal Revenue Code.3.  Upon approval of the application and payment of the proper fees, the county treasurer shall issue regular registration plates for the business-trade truck. The department may adopt rules requiring the use of a sticker or other means to identify motor vehicles registered under this section.4.  If the department determines by audit or other means that a person has registered a vehicle as a business-trade truck that is not qualified for such registration, the person shall be required to pay the difference between the regular annual registration fees owed for the vehicle for each year the vehicle was registered in violation of this section and the fees actually paid.5.  If the department determines by audit or other means that the person had knowingly registered a vehicle as a business-trade truck that is not qualified for such registration, the person shall be required to pay a penalty for improper registration in the amount of seven hundred fifty dollars for each registration year in which the vehicle was registered in violation of this section, not to exceed two thousand two hundred fifty dollars.2008 Acts, ch 1113, §5, 11, 2011 Acts, ch 68, §2, 5Referred to in 321.1, 321.26, 321.106, 321.134, 321.152, 331.557, 422.20, 422.72
2011 amendment to subsection 3 applies for registration plates issued during registration periods beginning on or after January 1, 2012; phased-in elimination of business-trade truck plates; 2011 Acts, ch 68, §4,5
321.121Special trucks for farm use.1.a.  Except as provided in paragraph “b”, the annual registration fee for a special truck with a gross weight of six tons shall be one hundred dollars, and the annual registration fee for a special truck with a gross weight exceeding six tons but not exceeding eighteen tons shall be as follows:For a grossAnd not The annual weightexceeding: registration exceeding: fee shall be:6 Tons 7 Tons$1257 Tons 8 Tons$1558 Tons 9 Tons$1709 Tons10 Tons$19010 Tons11 Tons$20511 Tons12 Tons$22512 Tons13 Tons$24513 Tons14 Tons$26514 Tons15 Tons$28015 Tons16 Tons$29516 Tons17 Tons$30517 Tons18 Tons$315b.  If the registration is a renewal for a special truck registered to the same owner prior to January 1, 2009, the annual registration fee shall be eighty dollars for a gross weight of six tons, one hundred dollars for a gross weight of seven tons, one hundred twenty dollars for a gross weight of eight tons, and in addition, fifteen dollars for each ton over eight tons and not exceeding eighteen tons. As used in this paragraph, “owner” includes a surviving spouse who is required to transfer title pursuant to section 321.46 or 321.47.c.  The annual registration fee for a special truck with a gross weight registration exceeding eighteen tons but not exceeding nineteen tons shall be three hundred twenty-five dollars and for a gross weight registration exceeding nineteen tons but not exceeding twenty tons the annual registration fee shall be three hundred seventy-five dollars.d.  The additional annual registration fee for a special truck for a gross weight registration in excess of twenty tons is twenty-five dollars for each ton over twenty tons and not exceeding thirty-two tons.2.  Upon approval of the application and payment of the proper fees, the county treasurer shall issue regular registration plates for the special truck. The department may adopt rules requiring the use of a sticker or other means to identify motor vehicles registered under this section.3.  A person convicted of or found by audit to be using a motor vehicle registered as a special truck for any purpose other than permitted by section 321.1, subsection 75, shall, in addition to any other penalty imposed by law, be required to pay regular annual motor vehicle registration fees for such motor vehicle.[C71, 73, 75, 77, 79, 81, §321.121; 1981 Acts, ch 2, §6]82 Acts, ch 1062, §18, 38, 86 Acts, ch 1210, §3, 2008 Acts, ch 1113, §6, 11, 93, 2011 Acts, ch 38, §5, 2011 Acts, ch 68, §3, 5Referred to in 321.1, 321.26, 321.106, 321.134, 331.557
Subsection 2 applies for registration plates issued during registration periods beginning on or after January 1, 2012; phased-in elimination of special truck plates; 2011 Acts, ch 68, §4,5
321.122Trucks, truck tractors, and road tractors — fees.1.  The annual registration fee for truck tractors, road tractors, and motor trucks, except 2010 and subsequent model year motor trucks required to be registered under section 321.109 and motor trucks registered as special trucks, shall be based on the combined gross weight of the vehicle or combination of vehicles. All such trucks, truck tractors, or road tractors registered under this section shall be registered for a gross weight equal to or in excess of the unladen weight of the vehicle or combination of vehicles. The annual registration fee for such vehicles or combination of vehicles, except special trucks, shall be the applicable fee under paragraph “a” or “b”.a.(1)  For a combined gross weight of three tons or less, the annual registration fee is one hundred fifty dollars; for such a vehicle more than seven model years old, one hundred twenty dollars; for such a vehicle more than nine model years old, one hundred dollars; and for such a vehicle twelve model years old or older, fifty dollars.(2)  For a combined gross weight exceeding three tons, the annual registration fee shall be as set forth in the following schedule:For a combinedAnd not The annual gross weightexceeding: registration exceeding: fee shall be:3 Tons 4 Tons$ 1654 Tons 5 Tons$ 1805 Tons 6 Tons$ 1956 Tons 7 Tons$ 2157 Tons 8 Tons$ 2208 Tons 9 Tons$ 2259 Tons10 Tons$ 23510 Tons11 Tons$ 27011 Tons12 Tons$ 30512 Tons13 Tons$ 34013 Tons14 Tons$ 37514 Tons15 Tons$ 44515 Tons16 Tons$ 48516 Tons17 Tons$ 52517 Tons18 Tons$ 56518 Tons19 Tons$ 61019 Tons20 Tons$ 67520 Tons21 Tons$ 71521 Tons22 Tons$ 75522 Tons23 Tons$ 79523 Tons24 Tons$ 83524 Tons25 Tons$ 96525 Tons26 Tons$1,01026 Tons27 Tons$1,06027 Tons28 Tons$1,10528 Tons29 Tons$1,15029 Tons30 Tons$1,20030 Tons31 Tons$1,24531 Tons32 Tons$1,29532 Tons33 Tons$1,34033 Tons34 Tons$1,41534 Tons35 Tons$1,46535 Tons36 Tons$1,51036 Tons37 Tons$1,55537 Tons38 Tons$1,60538 Tons39 Tons$1,65039 Tons40 Tons$1,695b.  If the registration is a renewal for a motor vehicle with a combined gross weight of nine tons or less registered to the same owner prior to January 1, 2009, the following applies:(1)  For a combined gross weight of three tons or less, the annual registration fee is sixty-five dollars; for such a vehicle which is more than ten model years old, fifty-five dollars; for such a vehicle which is more than thirteen model years old, forty-five dollars; and for such a vehicle which is more than fifteen model years old, thirty-five dollars.(2)  For a combined gross weight exceeding three tons but not exceeding nine tons, the annual registration fee shall be as set forth in the following schedule:For a combinedAnd not The annual gross weightexceeding: registration exceeding: fee shall be:3 Tons4 Tons$804 Tons5 Tons$905 Tons6 Tons$1056 Tons7 Tons$1307 Tons8 Tons$1658 Tons9 Tons$200(3)  As used in this paragraph “b”, “owner” includes a surviving spouse who is required to transfer title pursuant to section 321.46 or 321.47.c.  For a combined gross weight exceeding forty tons, the annual registration fee shall be one thousand six hundred ninety-five dollars plus eighty dollars for each ton over forty tons.2.  For truck tractors or road tractors equipped with two or more solid rubber tires, the annual registration fee shall be the fee for truck tractors or road tractors with pneumatic tires and of the same combined gross weight, plus twenty-five percent thereof.3.  This section shall not apply to a rubber-tired farm tractor not operated for hire upon the public highways.4.  A person who violates this section commits a simple misdemeanor.[C31, 35, §4919-d1; C39, §5008.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.122]82 Acts, ch 1062, §19, 38, 86 Acts, ch 1182, §3, 86 Acts, ch 1210, §4, 88 Acts, ch 1019, §11, 12, 90 Acts, ch 1233, §17, 95 Acts, ch 118, §17, 2008 Acts, ch 1113, §7, 11, 23, 25, 2010 Acts, ch 1140, §4, 2011 Acts, ch 38, §6Referred to in 321.1, 321.26, 321.106, 321.109, 321.115, 321.115A, 321.120, 321.134, 321E.12, 331.557321.123Trailers.1.a.  All trailers except farm trailers, mobile homes, and manufactured homes, unless otherwise provided in this section, are subject to an annual registration fee as follows:(1)  For trailers with an empty weight of two thousand pounds or less, the annual registration fee is twenty dollars.(2)  For trailers with an empty weight in excess of two thousand pounds, the annual registration fee is thirty dollars.b.  Trailers for which the empty weight is two thousand pounds or less are exempt from the certificate of title and lien provisions of this chapter.c.  For trailers and semitrailers licensed under chapter 326, the annual registration fee for the permanent registration plate shall be the applicable fee under paragraph “a”. The registration fees for a permanent registration plate, at the option of the registrant, shall be remitted to the department at five-year intervals or on an annual basis. Fees collected under this section shall not be reduced or prorated under chapter 326.2.a.  Travel trailers and fifth-wheel travel trailers, except those in manufacturer’s or dealer’s stock, shall be subject to an annual registration fee of thirty cents per square foot of floor space computed on the exterior overall measurements, but excluding three feet occupied by any trailer hitch as provided by and certified to by the owner, to the nearest whole dollar. When a travel trailer or fifth-wheel travel trailer is registered in Iowa for the first time or when title is transferred, the annual registration fee shall be prorated on a monthly basis. The annual registration fee shall be reduced to seventy-five percent of the full fee after the vehicle is more than six model years old.b.  A travel trailer may be stored under section 321.134, provided the travel trailer is not used for human habitation for any period during storage and is not moved upon the highways of the state. A travel trailer stored under section 321.134 is not subject to a manufactured or mobile home tax assessed under chapter 435.3.  Motor trucks or truck tractors pulling trailers or semitrailers shall be registered for the combined gross weight of the motor truck or truck tractor and trailer or semitrailer, except that:a.  Motor trucks registered for six tons or less not used for hire, pulling trailers or semitrailers used by a person engaged in farming to transport commodities produced by the owner, or to transport commodities or livestock purchased by the owner for use in the owner’s own farming operation or used by any person to transport horses shall not be subject to registration for the gross weight of such trailer or semitrailer provided the combined gross weight does not exceed twelve tons, plus the tolerance provided for in section 321.466.b.  Motor trucks registered for six tons or less not used for hire, pulling trailers or semitrailers used by a person in the person’s own operations shall not be subject to registration for the gross weight of such trailer or semitrailer provided the combined gross weight does not exceed eight tons, plus the tolerance provided for in section 321.466.[C24, 27, 31, 35, §4920; C39, §5008.19; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.123; 1982 Acts, ch 1251, §16-18]1982 Acts, ch 1062, §20,38; 1984 Acts, ch 1305, §63; 1989 Acts, ch 296, §29; 1995 Acts, ch 118, §18; 1996 Acts, ch 1152, §5,6; 1999 Acts, ch 188, §14; 2000 Acts, ch 1016, §14; 2001 Acts, ch 153, §15,17; 2001 Acts, ch 176, §80; 2006 Acts, ch 1070, §9,31; 2008 Acts, ch 1113, §24,25,94,95Referred to in 312.2, 321.310, 331.557321.124Motor homes, multipurpose vehicles, and motorsports recreational vehicles — fees.1.  Motor homes are classified as follows:a.  Class A motor home means a truck chassis or special chassis upon which is built a driver’s compartment and an entire body which provides temporary living quarters. A class A motor home shall also mean a passenger carrying bus which has been registered at least five times as a motor truck and which has been converted, modified, or altered to provide temporary living quarters.b.  Class B motor home means a completed van-type vehicle which has been converted, modified, constructed, or altered to provide temporary living quarters.c.  Class C motor home means an incomplete vehicle upon which is permanently attached a body designed to provide temporary living quarters.2.  Class A motor homes and class C motor homes are exempt from the provisions of section 322.5, subsection 2, except that a motor vehicle dealer showing class A motor homes and class C motor homes shall apply for a temporary permit upon forms and for such time as provided in section 322.5, subsection 2, and the department may issue the temporary permit upon payment of the fee provided therein.3.  The annual registration fee for motor homes and 1992 and older model years for multipurpose vehicles is as follows:a.  For class A motor homes with a list price of eighty thousand dollars or more as certified to the department by the manufacturer, four hundred dollars for registration each year through five model years and three hundred dollars for each succeeding registration.b.  For class A motor homes with a list price of forty thousand dollars or more but less than eighty thousand dollars as certified to the department by the manufacturer, two hundred dollars for registration each year through five model years and one hundred fifty dollars for each succeeding registration.c.  For class A motor homes with a list price of twenty thousand dollars or more but less than forty thousand dollars as certified to the department by the manufacturer, one hundred forty dollars for the first five registrations and one hundred five dollars for each succeeding registration.d.  For class A motor homes with a list price of less than twenty thousand dollars as certified to the department by the manufacturer, one hundred twenty dollars for registration each year through five model years and eighty-five dollars for each succeeding registration.e.  For a class A motor home which is a passenger-carrying bus which has been registered at least five times as a motor truck and which has been converted, modified, or altered to provide temporary living quarters, ninety dollars for registration each year through ten model years and sixty-five dollars for each succeeding registration. In computing the number of registrations, the registrations shall be cumulative beginning with the registration of the class A motor home as a motor truck prior to its conversion, modification, or alteration to provide temporary living quarters.f.  For class B motor homes, ninety dollars for registration each year through five model years and sixty-five dollars for each succeeding registration.g.  For class C motor homes, one hundred ten dollars for registration each year through five model years and eighty dollars for each succeeding registration.h.(1)  For multipurpose vehicles in accordance with the following:(a)  Two hundred dollars for registration for the first and second model years.(b)  One hundred seventy-five dollars for registration for the third and fourth model years.(c)  One hundred fifty dollars for registration for the fifth model year.(d)  Seventy-five dollars for registration for the sixth model year.(e)  Fifty-five dollars for registration for each succeeding model year.(f)  The annual registration fee for a multipurpose vehicle with permanently installed equipment manufactured for and necessary to assist a person with a disability who is either the owner or a member of the owner’s household in entry and exit of the vehicle or for a multipurpose vehicle if the vehicle’s owner or a member of the vehicle owner’s household uses a wheelchair as the only means of mobility shall be sixty dollars. For purposes of this subparagraph, “uses a wheelchair” does not include use of a wheelchair due to a temporary injury or medical condition.(2)  The registration fees required by this lettered paragraph are applicable to all 1992 and older model years for multipurpose vehicles beginning January 1, 1993. The registration fees for multipurpose vehicles that are 1993 and subsequent model years shall be in accordance with section 321.109.(3)  For purposes of determining that portion of the annual registration fee which is based upon the value of the multipurpose vehicle, sixty percent of the annual fee is attributable to the value of the vehicle.4.a.  The annual registration fee for a motorsports recreational vehicle is four hundred dollars. For purposes of determining that portion of the annual registration fee which is based upon the value of the motorsports recreational vehicle, sixty percent of the annual fee is attributable to the value of the vehicle. The owner of a motor vehicle registered under this subsection shall certify at the time of registration or renewal of registration that the motor vehicle is used for the purpose of participating in motorsports competition.b.  If the department determines by audit or other means that a person registered a vehicle as a motorsports recreational vehicle that is not qualified for such registration, the person shall be required to pay the difference between the regular annual registration fees owed for the vehicle for each year the vehicle was registered in violation of this section and the fees actually paid.c.  If the department determines by audit or other means that the person knowingly registered a vehicle as a motorsports recreational vehicle that is not qualified for such registration, the person shall be required to pay a penalty for improper registration in the amount of seven hundred fifty dollars for each registration year in which the vehicle was registered in violation of this section, not to exceed two thousand two hundred fifty dollars.[C81, §321.124]82 Acts, ch 1062, §21, 38, 83 Acts, ch 75, §1, 2, 92 Acts, ch 1019, §2, 8, 92 Acts, ch 1222, §2, 92 Acts, ch 1232, §402, 412, 93 Acts, ch 165, §2, 96 Acts, ch 1129, §113, 2010 Acts, ch 1061, §180, 2014 Acts, ch 1127, §7Referred to in 321.1, 321.109, 321.115, 321.115A, 321.152, 322.2, 331.557321.125Effect of exemption.The exemption of a motor vehicle from an annual registration fee or a fee for new registration shall not exempt the operator of such vehicle from the performance of any other duty imposed on the operator by this chapter.[C24, 27, 31, 35, §4923; C39, §5008.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.125]2008 Acts, ch 1113, §96Referred to in 331.557321.126Refunds of annual registration fees.1.  Refunds of unexpired annual vehicle registration fees shall be allowed in accordance with this section, except that no refund shall be allowed and paid if the unused portion of the fee is less than ten dollars. Paragraphs “a” and “b” do not apply to vehicles registered by the county treasurer. The refunds shall be made as follows:a.  If the vehicle is destroyed by fire or accident, or junked and its identity as a vehicle entirely eliminated, the owner in whose name the vehicle was registered at the time of destruction or dismantling shall return the plates to the department and within thirty days thereafter make a statement of such destruction or dismantling and make claim for refund. With reference to the destruction or dismantling of a vehicle, no refund shall be allowed unless a junking certificate has been issued, as provided in section 321.52.b.  If the vehicle is stolen, the owner shall give notice of the theft to the department within five days. If the vehicle is not recovered by the owner thirty days prior to the end of the current registration year, the owner shall make a statement of the theft and make claim for refund.c.  If the vehicle is placed in storage by the owner upon the owner’s entry into the military service of the United States, the owner shall return the plates to the county treasurer or the department and make a statement regarding the storage and military service and make claim for refund. Whenever the owner of a vehicle so placed in storage desires to again register the vehicle, the county treasurer or department shall compute and collect the fees for registration for the registration year commencing in the month the vehicle is removed from storage.d.  If the vehicle is registered by the county treasurer during the current registration year and the owner or lessee registers the vehicle for apportioned registration under chapter 326, the owner of the registered vehicle shall surrender the registration plates to the county treasurer and may file a claim for refund. In lieu of a refund, a credit for the annual registration fees paid to the county treasurer may be applied by the department to the owner or lessee’s apportioned registration fees upon the surrender of the county plates and registration.e.  A refund for trailers and semitrailers issued a permanent registration plate pursuant to chapter 326 shall be paid by the department upon application.f.  If a vehicle is sold or junked, the owner in whose name the vehicle was registered may make claim to the county treasurer or department for a refund of the sold or junked vehicle’s annual registration fee. Also if the owner of a vehicle receives a vehicle registration fee credit under section 321.46, subsection 3, and the credit allowed exceeds the amount of the annual registration fee for the vehicle acquired, the owner may claim a refund for the balance of the credit. The refund is subject to the following limitations:(1)  If a vehicle registration fee credit has not been received by the owner of the vehicle under section 321.46, subsection 3, the refund shall be computed on the basis of the number of unexpired months remaining in the registration year at the time the vehicle was sold or junked. The refund shall be rounded to the nearest whole dollar. Section 321.127, subsection 1, does not apply.(2)  The refund shall only be allowed if the owner makes claim for the refund within six months after the date of the vehicle’s sale, trade, or junking.(3)  This paragraph “f” does not apply to vehicles registered under chapter 326.g.  If the vehicle was leased and an affidavit was filed by the lessor or the lessee as provided in section 321.46, the lessor or the lessee, as applicable, may make a claim for a refund with the county treasurer of the county where the vehicle was registered within six months of the vehicle’s surrender to the lessor. The refund shall be paid to either the lessor or the lessee, as specified on the application for title and registration pursuant to section 321.20.h.  If the owner of the vehicle moves out of state, the owner may make a claim for a refund by returning the Iowa registration plates, along with evidence of the vehicle’s registration in another jurisdiction, to the county treasurer of the county in which the vehicle was registered within six months of the out-of-state registration. For purposes of section 321.127, the unexpired months remaining in the registration year shall be calculated on the basis of the effective date of the out-of-state registration. However, for the purpose of timely issuance of the refund, the claim for a refund under this paragraph is considered to be filed on the date the registration documents are received by the county treasurer.2.  Notwithstanding any provision of this section to the contrary, there shall be no refund of apportioned registration fees unless the state which issued the base plate for the vehicle allows such refund. If an owner subject to apportioned registration leases the vehicle for which the refund is sought, the claim shall be filed in the names of both the lessee and the lessor and the refund payment made payable to both the lessor and the lessee. The term “owner” for purposes of this section shall include a person in whom is vested right of possession or control of a vehicle which is subject to a lease, contract, or other legal arrangement vesting right of possession or control in addition to the term as defined in section 321.1, subsection 49.[C24, 27, 31, 35, §4924; C39, §5008.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.126]82 Acts, ch 1062, §22, 23, 38, 85 Acts, ch 87, §4, 5, 87 Acts, ch 108, §7, 90 Acts, ch 1154, §6 – 11, 92 Acts, ch 1073, §3, 95 Acts, ch 118, §19, 40, 2004 Acts, ch 1013, §21, 35, 2005 Acts, ch 133, §1, 2006 Acts, ch 1068, §18, 2006 Acts, ch 1070, §10, 11, 31, 2008 Acts, ch 1113, §97, 2010 Acts, ch 1069, §91, 2012 Acts, ch 1093, §10, 11Referred to in 321.46, 321.128, 326.15, 331.557321.127Payment of refund.1.  The refund of the annual registration fee for vehicles shall be computed on the basis of the number of unexpired months remaining in the registration year from date of filing of the claim for refund with the county treasurer, computed to the nearest dollar.2.  The department, unless reasonable grounds exist for delay, shall make refund on or before the last day of the month following the month in which the claim is filed with the department.3.  For trailers or semitrailers issued a permanent registration plate, a refund shall be paid equal to the annual fee for twelve months times the remaining number of complete registration years.4.  Refunds for vehicles registered for apportioned registration under chapter 326 shall be paid on the basis of unexpired complete calendar months remaining in the registration year from the date the claim for refund and the license plate are received by the department.[C24, 27, 31, 35, §4924; C39, §5008.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.127; 1981 Acts, ch 104, §1]82 Acts, ch 1062, §24, 38, 85 Acts, ch 87, §6, 87 Acts, ch 108, §8, 2002 Acts, ch 1063, §22, 2006 Acts, ch 1070, §12, 31, 2008 Acts, ch 1113, §98, 2012 Acts, ch 1093, §12Referred to in 321.126, 321.128, 331.557321.128Payment authorized.The department may make the payments under sections 321.126 and 321.127, when sufficient proof of such destruction by accident, or the junking and entire elimination of identity as a motor vehicle, theft, or storage by an owner entering the military service of the United States in time of war, is properly certified, approved by the county treasurer, and filed with the department.[C24, 27, 31, 35, §4925; C39, §5008.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.128]1983 Acts, ch 24, §10,12Referred to in 331.557321.129When fees returnable.1.  Whenever any application to the department is accompanied by a vehicle registration fee as required by law and the application is refused or rejected, the fee shall be returned to the applicant.2.  Whenever the department through error collects any vehicle registration fee not required to be paid under this chapter, the fee shall be refunded from the refund account to the person paying the fee upon application made within one year after the date of such payment.3.  This section does not apply to the fee for new registration administered by the department of revenue pursuant to section 321.105A.[C39, §5012.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.173]2008 Acts, ch 1018, §21,30; 2008 Acts, ch 1113, §121C2009, §321.129Referred to in 331.557321.130Fees in lieu of taxes.The registration fees imposed by this chapter upon private passenger motor vehicles or semitrailers are in lieu of all state and local taxes, except local vehicle taxes, to which motor vehicles or semitrailers are subject.[S13, §1571-m8; C24, 27, 31, 35, §4927; C39, §5008.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.130]1985 Acts, ch 32, §79; 1989 Acts, ch 296, §30Referred to in 331.557321.131Lien of fee.All registration or other fees provided for in this chapter shall constitute a lien against the vehicle for which the fees are payable unless otherwise provided in this section until such time as they are paid as provided by law, with any accrued penalties. The county treasurer may perfect a security interest in a vehicle for the amount of such fees as provided in section 321.50. If the lien is not perfected as provided in this section, the lien shall not be valid against a bona fide purchaser of the vehicle without actual notice to the purchaser.[S13, §1571-m21; SS15, §1571-m7; C24, 27, 31, 35, §4928; C39, §5008.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.131]2004 Acts, ch 1013, §22,35Referred to in 331.557321.132When lien attaches.The lien of the original annual registration fee attaches, at the time the fee is first payable, as provided by law, and the lien of all renewals of registration attach on the first day of each succeeding registration year.[C24, 27, 31, 35, §4929; C39, §5008.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.132]1982 Acts, ch 1062, §25,38; 2008 Acts, ch 1113, §99Referred to in 331.557PENALTIES, COSTS, AND COLLECTIONS321.133Methods of collection.The collection of all fees and penalties may be enforced against any vehicle or they may be collected by suit against the owner who shall remain personally liable therefor until such time as the transfer thereof shall be reported to the county treasurer and the department or until such time as said vehicle ceases to be in use and all fees and penalties to such date shall be paid.[S13, §1571-m21; C24, 27, 31, 35, §4930; C39, §5009.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.133]Referred to in 331.557, 331.653321.134Monthly penalty.1.  On the first day of the second month following the beginning of each registration year a penalty of five percent of the annual registration fee shall be added to the annual registration fees not paid by that date and an additional penalty of five percent shall be added the first day of each succeeding month, until the fee is paid. A penalty shall not be less than five dollars. If the owner of a vehicle surrenders the registration plates for a vehicle prior to the plates becoming delinquent, to the county treasurer of the county where the vehicle is registered, or to the department if the vehicle is registered under chapter 326, the owner may register the vehicle any time thereafter upon payment of the annual registration fee for the registration year without penalty. To avoid a penalty or an additional penalty in the case of a delinquent registration through a county treasurer, if the last calendar day of a month falls on Saturday, Sunday, or a holiday, the payment deadline is extended to include the first business day of the following month. For payments made through a county treasurer’s authorized internet site only, if the last day of the month falls on a Saturday, Sunday, or a holiday, the electronic payment must be entered by midnight on the first business day of the next month. All other electronic payments must be entered by midnight on the last day of the month preceding the delinquent date.2.  The annual registration fee for trucks, truck tractors, and road tractors registered by the county treasurer, as provided in sections 321.120, 321.121, and 321.122, may be payable in two equal semiannual installments if the annual registration fee exceeds the annual registration fee for a vehicle with a gross weight exceeding five tons. The penalties provided in subsection 1 shall be computed on the amount of the first installment only and on the first day of the seventh month of the registration period the same rate of penalty shall apply to the second installment, until the fee is paid. 3.  If a penalty applies to an annual vehicle registration fee provided for in sections 321.120, 321.121, and 321.122, the same penalty shall be assessed on the fees collected to increase the registered gross weight of the vehicle, if the increased gross weight is requested within forty-five days from the date the delinquent vehicle is registered for the current registration period.4.  Notwithstanding subsections 1 through 3, if a vehicle registration is delinquent for twenty-four months or more, a flat penalty and fee shall be assessed for the delinquent period in addition to the current annual registration fee. The flat penalty and fee shall be one hundred fifty percent of the current annual registration fee.5.  The department shall waive the penalties imposed by this section for an owner who is in the military service of the United States and who has been relocated as a result of being placed on active duty on or after September 11, 2001. The department shall adopt rules to implement this subsection, including, if necessary, procedures for refunding penalties collected prior to March 29, 2004.[SS15, §1571-m7; C24, 27, 31, 35, §4931; C39, §5009.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.134]82 Acts, ch 1062, §26, 38, 83 Acts, ch 24, §6, 12, 89 Acts, ch 185, §4, 90 Acts, ch 1230, §18, 2002 Acts, ch 1043, §2, 2004 Acts, ch 1013, §23, 35, 2004 Acts, ch 1092, §4, 2007 Acts, ch 143, §13, 2008 Acts, ch 1113, §100, 2012 Acts, ch 1093, §13, 40, 2013 Acts, ch 90, §257, 2013 Acts, ch 103, §10, 2017 Acts, ch 92, §1Referred to in 321.39, 321.123, 331.557, 331.653321.135When fees delinquent.Except as otherwise provided, annual registration fees become delinquent and penalties accrue the first of the month following the purchase of a new vehicle, and thirty days following the date a vehicle is brought into the state.[C24, 27, 31, 35, §4932; C39, §5009.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.135]1984 Acts, ch 1219, §22; 1985 Acts, ch 209, §4; 2008 Acts, ch 1113, §101Referred to in 331.557, 331.653321.136 through 321.144 FUNDS321.145Disposition of moneys and fees.1.  Except for fines, forfeitures, court costs, and the collection fees retained by the county treasurer pursuant to section 321.152, and except as provided in subsection 2, moneys and motor vehicle registration fees collected under this chapter shall be credited by the treasurer of state to the road use tax fund.2.  Revenues derived from trailer registration fees collected pursuant to sections 321.105 and 321.105A, fees charged for driver’s licenses and nonoperator’s identification cards, fees charged for the issuance of a certificate of title, the certificate of title surcharge collected pursuant to section 321.52A, and revenues credited pursuant to section 423.43, subsection 2, and section 423C.5 shall be deposited in a fund to be known as the statutory allocations fund under the control of the department and credited as follows:a.  Moneys shall be credited in order of priority as follows:(1)  An amount equal to four percent of the revenue from the operation of section 321.105A, subsection 2, shall be credited to the department, to be used for purposes of public transit assistance under chapter 324A.(2)  An amount equal to two dollars per year of license validity for each issued or renewed driver’s license which is valid for the operation of a motorcycle shall be credited to the motorcycle rider education fund established under section 321.179.(3)  The amounts required to be transferred pursuant to section 321.34 from revenues available under this subsection shall be transferred and credited as provided in section 321.34 for the various purposes specified in that section.b.  Any such revenues remaining shall be credited to the road use tax fund.[SS15, §1571-m32; C24, 27, 31, 35, §4999; C39, §5010.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.145]90 Acts, ch 1230, §19, 2008 Acts, ch 1113, §30, 36, 2009 Acts, ch 97, §9, 2009 Acts, ch 130, §1, 2010 Acts, ch 1069, §144, 2011 Acts, ch 113, §47, 55, 56, 2011 Acts, ch 114, §3, 2016 Acts, ch 1105, §1, 2, 15, 16, 18, 2018 Acts, ch 1026, §110Referred to in 312.1, 321.34, 321.52A, 321.211, 331.557, 423.43, 423C.5
Road use tax fund, §312.1
Subsection 2, paragraph a, subparagraph (3) amended
321.146 and 321.147 321.148Monthly estimate.The department shall, on the first day of each month, furnish an estimate in writing to the treasurer of state of the amount of expenditures to be made by the department during that month.[C31, 35, §5003-c1; C39, §5010.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.148]Referred to in 331.557321.149Supplies.The department shall prepare and furnish to the treasurer of each county all supplies required for the administration of this chapter in such form as the department may prescribe. Contracts for the supplies shall be awarded by the director of the department of administrative services to persons, firms, partnerships, or corporations engaged in the business of printing in Iowa unless, or through them, the persons, firms, partnerships, or corporations cannot provide the required printing set forth in this section. In lieu of purchasing under competitive bids, the director of the department of administrative services shall have authority to arrange with the director of the department of corrections to furnish the supplies as can be made in the state institutions.[S13, §1571-m2; C24, 27, 31, 35, §5006; C39, §5010.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.149]1982 Acts, ch 1062, §27,38; 1983 Acts, ch 96, §157,159; 1998 Acts, ch 1119, §25; 1998 Acts, ch 1164, §40; 2003 Acts, ch 145, §249; 2004 Acts, ch 1013, §24,35Referred to in 331.557321.150Time limit.Blanks or forms for listing used motor vehicles shall be placed in the hands of county treasurers not later than December 15 of any year.[C24, 27, 31, 35, §5007; C39, §5010.06; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.150]Referred to in 331.557321.151Duty and liability of treasurer.The county treasurer shall collect the registration fee, the fee for new registration, and penalties on each vehicle registered by the county treasurer and shall be responsible on the county treasurer’s bond for such amount. The county treasurer shall remit such amount to the treasurer of state as provided in this chapter. Fees collected pursuant to participation in county issuance of driver’s licenses under chapter 321M shall be governed by the provisions of that chapter.[C24, 27, 31, 35, §5011; C39, §5010.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.151]1998 Acts, ch 1073, §12; 1998 Acts, ch 1143, §18,26; 2008 Acts, ch 1113, §102Referred to in 331.557321.152Collection fees retained by county.1.  A county treasurer may retain for deposit in the county general fund the following:a.  Four percent of the total collection, excluding the amount of any fee for new registration, for each annual or semiannual vehicle registration and each duplicate registration card or plate issued.b.  Two dollars and fifty cents from each fee collected for certificates of title.c.  Forty percent of all fees collected for certified copies of certificates of title.d.  Sixty percent of all fees collected for perfection of security interests.e.  Twenty-five percent of each penalty collected for improper business-trade truck registration under section 321.120, subsection 5.f.  One dollar from each fee for new registration collected pursuant to section 321.105A.g.  Twenty-five percent of each penalty collected for improper motorsports recreational vehicle registration under section 321.124, subsection 4.2.  The moneys retained under subsection 1 shall be deducted, and reported to the department when the county treasurer transfers the money collected under this chapter. However, a deduction is not lawful unless the county treasurer has complied with sections 321.24 and 321.153.3.  The five dollar processing fee charged by a county treasurer for collection of tax debt owed to the department of revenue pursuant to section 321.40, subsection 6, shall be retained for deposit in the county general fund.4.  This section does not apply to fees collected or retained by a county treasurer pursuant to participation in county issuance of driver’s licenses under chapter 321M.[C24, 27, 31, 35, §5012; C39, §5010.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.152]83 Acts, ch 123, §126, 209, 84 Acts, ch 1305, §64, 91 Acts, ch 267, §608, 92 Acts, ch 1238, §32, 98 Acts, ch 1073, §12, 98 Acts, ch 1143, §19, 26, 2004 Acts, ch 1013, §25, 35, 2008 Acts, ch 1113, §8, 11, 103, 104, 2010 Acts, ch 1146, §4, 26, 2014 Acts, ch 1127, §8Referred to in 321.145, 321.153, 331.427, 331.557321.153Treasurer’s report to department.1.  The county treasurer on the tenth day of each month shall certify to the department a full and complete statement of all fees and penalties received by the county treasurer during the preceding calendar month and shall remit all moneys not retained for deposit under section 321.152 to the treasurer of state.2.  The distributed teleprocessing network shall be used in the collection, receipting, accounting, and reporting of any fee collected through the registration renewal or title process, with sufficient time and financial resources provided for implementation.3.  This section does not apply to fees collected or retained by a county treasurer pursuant to participation in county issuance of driver’s licenses under chapter 321M.4.  This section does not apply to processing fees charged by a county treasurer for the collection of tax debt owed to the department of revenue pursuant to section 321.40.[C24, 27, 31, 35, §5013; C39, §5010.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.153]89 Acts, ch 185, §5, 92 Acts, ch 1073, §4, 92 Acts, ch 1238, §33, 98 Acts, ch 1073, §12, 98 Acts, ch 1143, §20, 26, 2004 Acts, ch 1013, §26, 35, 2010 Acts, ch 1146, §5, 26Referred to in 321.152, 321.154, 331.555, 331.557, 331.558321.154Reports by department.The department, immediately upon receiving the county treasurer’s report under section 321.153, shall also report to the treasurer of state the amount so collected by such county treasurer.[C24, 27, 31, 35, §5014; C39, §5010.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.154]2015 Acts, ch 30, §101Referred to in 331.557321.155Duty of treasurer of state.The treasurer of state shall keep proper books of account for the purposes specified herein and shall report to the department each remittance from the county treasurer, when said remittance is received.[C24, 27, 31, 35, §5015; C39, §5010.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.155]Referred to in 331.557321.156Audit by department.The department shall check and audit all fees and penalties collected, and shall effect a settlement with the county treasurer annually.[C24, 27, 31, 35, §5016; C39, §5010.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.156]Referred to in 331.557VALUE AND WEIGHT OF VEHICLES321.157Schedule of prices and weights.1.  A manufacturer or importer of a motor vehicle sold or offered for sale in this state, either by the manufacturer, importer, distributor, dealer, or any other person, shall file in the office of the department a sworn statement showing the various models manufactured by the manufacturer, importer, distributor, dealer, or other person, and the retail list price and weight of each model concurrently with a public announcement of such prices or concurrently with notification of such prices to dealers licensed to sell such motor vehicles under chapter 322, whichever comes first. The manufacturer, importer, distributor, dealer, or other person shall also make the same report on subsequent new models manufactured.2.  In lieu of filing the sworn statement required under subsection 1, a manufacturer or importer of a motor vehicle sold or offered for sale in this state may electronically provide the information required in subsection 1 to the department, or, if the manufacturer or importer provides the required information to a third-party vendor, the manufacturer or importer shall make the required information available to the department through the third-party vendor.[C24, 27, 31, 35, §4968; C39, §5011.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.157]2000 Acts, ch 1016, §45,47Referred to in 321.160, 321.161321.158Registration dependent on schedule.No motor vehicle shall be registered in this state unless the manufacturer thereof has furnished to the department the sworn statement herein provided, giving the list price and weight of the model of the motor vehicle that is offered for registration, except as provided in section 321.159.[C24, 27, 31, 35, §4970; C39, §5011.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.158]321.159Exceptional cases — annual registration fee.1.  The department shall have the power to fix the annual registration fee on all makes and models of motor vehicles which are not now being furnished or upon which the statement from the factory cannot be obtained.2.  For a current year model of a motor vehicle for which the manufacturer or importer of the motor vehicle has not provided the weight and list price, the department shall set the annual registration fee at ten dollars greater than the annual registration fee for the previous year model. Once the manufacturer or importer provides the required information, the information shall be used to set the annual registration fee or the registration renewal fee for the succeeding registration or registration renewal time for the motor vehicle.[C24, 27, 31, 35, §4971; C39, §5011.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.159]1992 Acts, ch 1222, §3; 2000 Acts, ch 1016, §46,47; 2008 Acts, ch 1113, §105Referred to in 321.158321.160Department to maintain statement.1.  The department shall maintain a statement showing all the different makes and models of motor vehicles previously registered in the department, and all the different makes and models of motor vehicles, statements of which have been filed in the office by the manufacturers as provided in section 321.157, together with the retail list price and weight of the vehicles.2.  Copies of the statement shall be furnished to each county treasurer and additional copies may be sold by the department to other persons, at a price to be set by the department, covering the approximate cost of the copies and service involved. Copies of the statement required by this section may be provided electronically. All funds received shall be forwarded by the department to the treasurer of state.[C24, 27, 31, 35, §4972; C39, §5011.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.160]2004 Acts, ch 1013, §27,35