Iowa Administrative Code › Agency 761 - Transportation Department › Vehicles › Chapter 400 - Vehicle Registration and Certificate of Title › Rule 761-400.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				  321.1
				  are hereby made part of this chapter. In addition, the following words and
				  phrases, when used in Iowa Code chapter 321 or this chapter, shall have the
				  meanings respectively ascribed to them, except when the context otherwise
				  requires.
"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."
"Contiguous county"
means any county in Iowa
				  that directly borders an adjacent Iowa county, including sharing a common
				  corner or corners.
"Dealer's or manufacturer's stock or
				  inventory"
means a vehicle owned by a dealer which is being held for
				  sale or trade and for which the dealer has a duly assigned ownership document
				  as required by Iowa Code section
				  321.45.
"Driverless-capable vehicle"
means the same
				  as defined in rule 761-380.2 (321).
"Electric vehicle annual registration fee"
means an annual registration fee for a battery electric or plug-in hybrid
				  electric motor vehicle as provided in Iowa Code sections
				  321.116 and
				  321.117.
				  Unless otherwise provided, for purposes of this chapter, any reference to a
				  registration fee shall also include an annual registration fee for a battery
				  electric or plug-in hybrid electric motor vehicle if that vehicle is a battery
				  electric or plug-in hybrid electric motor vehicle as defined in Iowa Code
				  sections 321.116 and
				  321.117.
"Electronic"
means as defined in Iowa Code
				  section
				  554D.103.
"Electronic lien and title"
or
"ELT"
means an information technology system authorized by the
				  department for the purpose of providing an electronic record of the certificate
				  of title to a security interest holder in order to subject a vehicle to an
				  electronic lien and to allow for the submission and receipt of forms related to
				  security interests through electronic means as described in Iowa Code section
				  321.50.
"Electronic record"
means as defined in Iowa
				  Code section
				  554D.103.
"Electronic signature"
means as defined in
				  Iowa Code section
				  554D.103.
"End user"
means a person or entity that
				  directly uses the services of an electronic registration and titling (ERT)
				  service provider to submit an electronic application for certificate of title
				  or registration of a vehicle.
"ERT service provider"
means a person or
				  entity authorized by the department under subrule 400.3(17) to submit
				  electronic applications for certificate of title or registration of a vehicle
				  on behalf of an end user to a county treasurer.
"Farm trailer"
means a trailer used
				  exclusively by a farmer in the conduct of the farmer's agricultural operation.
				  The term shall not include a "semitrailer."
"Final-stage manufacturer"
means as defined
				  in Iowa Code section
				  322.2.
"Half-year fee"
means the first semiannual
				  installment of an annual registration fee but does not include an electric
				  vehicle annual registration fee. The term "half-year registration" shall be
				  synonymous with the term "half-year fee."
"Hearse"
means a motor vehicle used
				  exclusively to transport a deceased person.
"Lien"
means an interest in a vehicle which
				  secures payment or performance of an obligation. The term "security interest"
				  shall be synonymous with the term "lien."
"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.
1. The terms "manufacturer's statement," "importer's
				  statement or certificate," "MSO" and "MCO" shall be synonymous with the term
				  "manufacturer's certificate of origin."
2. In addition to the requirements of Iowa Code subsection
				  321.45(1),
				  the certificate shall contain a description of the vehicle which includes the
				  make, model, style and vehicle identification number. The description of a
				  motorized bicycle shall also specify the maximum speed.
3. For 1992 and subsequent model year vehicles, the form used
				  for manufacturers' certificates of origin shall be the universal form adopted
				  in 1990 by the American Association of Motor Vehicle Administrators (AAMVA).
				  This requirement does not apply to trailer-type vehicles. A copy of this
				  universal form may be obtained from the motor vehicle division at the address
				  in subrule 400.6(1).
"Model year,"
except where otherwise
				  specified, means the year of original manufacture or the year certified by the
				  manufacturer. For purposes of titling and registration, the model year shall
				  advance one year each January 1.
"Registered"
means that the appropriate
				  registration fee has been paid for a vehicle and a registration card evidencing
				  payment has been issued to the owner.
"Registration card"
means a document issued
				  to the owner of a vehicle by the appropriate agency whose duty it is to
				  register vehicles, which contains the name and address of the owner and a
				  description of the vehicle, and which is issued to the owner when the vehicle
				  has been registered. The terms "registration certificate," "registration
				  receipt" and "registration renewal receipt" are synonymous with the term
				  "registration card."
"Security interest"
means an interest in a
				  vehicle which secures payment or performance of an obligation. The term "lien"
				  shall be synonymous with the term "security interest."
"Signature,"
unless otherwise specified,
				  shall include a signature in ink or an electronic signature as provided in Iowa
				  Code section
				  554D.103(9).
				  A requirement to sign a document unless otherwise specified shall allow for a
				  signature in ink or an electronic signature.
"Social security number"
means a social
				  security number issued by the United States government.
This rule is intended to implement Iowa Code chapter 554D and
				  sections
				  321.1,
				  321.8,
				  321.20,
				  321.23,
				  321.24,
				  321.40,
				  321.45,
				  321.50,
				  321.116,
				  321.117,
				  321.123,
				  321.134,
				  321.157
				  and
				  322.2.