Iowa Code 325A.3 – Application and issuance of permit or certificate
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1. Upon the filing of an application by a motor carrier and compliance with the terms and conditions of this chapter, the department shall issue to the applicant a permit or certificate. The actual operation by a motor carrier of a motor vehicle shall not begin without the permit or certificate being issued by the department.
Terms Used In Iowa Code 325A.3
- Bulk liquid commodities: means liquid commodities or compressed gases transported in a vehicle having a total cargo tank shell capacity of more than two thousand gallons. See Iowa Code 325A.1
- Department: means the state department of transportation. See Iowa Code 325A.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Interstate motor carrier number: means a United States department of transportation number or motor carrier number issued by the federal highway administration to a motor carrier engaged in interstate commerce. See Iowa Code 325A.1
- Intrastate: means a movement of property or passengers from one location to another within this state. See Iowa Code 325A.1
- Intrastate motor carrier number: means a United States department of transportation number or motor carrier number issued by the federal highway administration to a motor carrier engaged only in intrastate commerce. See Iowa Code 325A.1
- Motor carrier: means a person defined in subsection 9, 10, 11, or 12, but does not include a transportation network company or a transportation network company driver, as defined in section 321N. See Iowa Code 325A.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- property: includes personal and real property. See Iowa Code 4.1
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. All applications shall be in writing and contain the following:
a. The name and tax identification number of the person making the application.
b. The applicant’s principal place of business.
c. The type of permit or certificate being requested.
d. A signed statement agreeing to comply with all applicable safety regulations as prescribed by the department.
e. A copy of all existing tariffs provided to the department for approval by motor carriers of household goods.
f. A financial statement completed by motor carriers of bulk liquid commodities or passengers from which the department can determine the financial fitness of the applicant to engage in the transport of bulk liquid commodities or passengers.
g. A verification of liability and property damage insurance coverage as required in section 325A.6, in a form prescribed by the department.
3. In addition to the application requirements set forth in subsection 2, all applications for a taxicab service passenger certificate shall include the applicant’s interstate motor carrier number or intrastate motor carrier number. If the applicant has both an interstate and intrastate motor carrier number, only the interstate motor carrier number must be included.
4. The provisions of subsection 2, paragraph “f”, and subsection 5 shall not apply to the transportation of dairy products.
5. Motor carriers of bulk liquid commodities or passengers shall complete a motor carrier safety education seminar provided by or approved by the department. This seminar must be completed within six months of the permit or certificate issuance.
6. A motor carrier shall keep a permit or certificate issued to the motor carrier under this section, or a copy of such permit or certificate, in the vehicle being operated by the motor carrier and shall show the permit or certificate, or copy thereof, to any peace officer upon request.
7. The department may deny issuance of a permit or certificate if the department determines that evidence exists showing that the motor carrier cannot comply with the requirements of this chapter or the rules adopted pursuant to this chapter, including safety regulations and financial fitness and insurance requirements.