Iowa Administrative Code › Agency 761 - Transportation Department › Vehicles › Chapter 425 - Motor Vehicle and Towable Recreational Vehicle Dealers, Manufacturers, Distributors and Wholesalers › Rule 761-425.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions, in addition to those found in Iowa
				  Code sections
				  322.2 and
				  322C.2, apply to this
				  chapter of rules:
"Certificate of title "
means a document
				  issued by the appropriate official which contains a statement of the owner's
				  title, the name and address of the owner, a description of the vehicle, a
				  statement of all security interests, and additional information required under
				  the laws or rules of the jurisdiction in which the document was issued, and
				  which is recognized as a matter of law as a document evidencing ownership of
				  the vehicle described. The terms "title certificate," "title only" and "title"
				  shall be synonymous with the term "certificate of title."
"Consumer use"
means use of a motor vehicle
				  or towable recreational vehicle for business or pleasure, not for sale at
				  retail, by a person who has obtained a certificate of title and has registered
				  the vehicle under Iowa Code chapter 321.
"Dealer, "
unless otherwise specified, means
				  a person who is licensed to engage in this state in the business of selling
				  motor vehicles or towable recreational vehicles at retail under Iowa Code
				  chapter 322 or 322C.
"Engage in this state in the business "
or
				  similar wording means doing any of the following acts for the purpose of
				  selling motor vehicles or towable recreational vehicles at retail: to acquire,
				  sell, exchange, hold, offer, display, broker, accept on consignment or conduct
				  a retail auction, advertise as being engaged in any of those acts, or to act as
				  an agent for the purpose of doing any of those acts. A person selling at retail
				  more than six motor vehicles or six towable recreational vehicles during a
				  12-month period may be presumed to be engaged in the business. See rule
				  761-425.20 (322) for provisions
				  regarding fleet sales and retail auction sales.
"Manufacturer's certificate of origin "
means a certification signed by the manufacturer, distributor or importer that
				  the vehicle described has been transferred to the person or dealer named, and
				  that the transfer is the first transfer of the vehicle in ordinary trade and
				  commerce. The terms "manufacturer's statement," "importer's statement or
				  certificate," "MSO" and "MCO" shall be synonymous with the term "manufacturer's
				  certificate of origin." See rule
				  761-400.1 (321) for more
				  information.
"Principal place of business"
means a
				  building actually occupied where the public and the department may contact the
				  owner or operator during regular business hours. In lieu of a building, a
				  towable recreational vehicle dealer may use a manufactured or mobile home as an
				  office if taxes are current or a towable recreational vehicle as an office if
				  registration fees are current. The principal place of business must be located
				  in this state.
"Registered dealer"
means a dealer licensed
				  under Iowa Code chapter 322 or 322C who possesses a current dealer certificate
				  under Iowa Code section
				  321.59.
"Regular business hours "
means to be
				  consistently open to the public on a weekly basis at hours reported to the
				  vehicle and motor carrier services bureau. Except as provided in Iowa Code
				  section
				  322.36,
				  regular business hours for a motor vehicle or towable recreational vehicle
				  dealer shall include a minimum of 32 posted hours between 7 a.m. and 9 p.m.,
				  Monday through Friday.
"Salesperson "
means a person employed by a
				  motor vehicle or towable recreational vehicle dealer for the purpose of buying
				  or selling vehicles.
"Vehicle, "
unless otherwise specified,
				  means a motor vehicle or towable recreational vehicle.
"Wholesaler"
means a person who sells new
				  vehicles to dealers and not at retail.
This rule is intended to implement Iowa Code chapters 322 and
				  322C.