1. Any officer appointed by the commission may, for cause, temporarily suspend the registration certificate of any vessel that has been issued under this chapter, and the commission, after a due hearing on the matter at its next session, shall make final determination in the matter.

Terms Used In Iowa Code 462A.23

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Certificate: means a certificate of title. See Iowa Code 462A.2
  • Commission: means the natural resource commission. See Iowa Code 462A.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Dealer: means a person who engages in whole or in part in the business of buying, selling, or exchanging vessels either outright or on conditional sale, bailment, lease, security interest, or otherwise, and who has an established place of business for sale, trade, and display of vessels. See Iowa Code 462A.2
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Manufacturer: means a person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade. See Iowa Code 462A.2
  • Motorboat: means any vessel propelled by an inboard, inboard-outdrive, or outboard engine, whether or not such engine is the principal source of propulsion. See Iowa Code 462A.2
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • Operator: means a person who operates or is in actual physical control of a vessel. See Iowa Code 462A.2
  • Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
  • Sailboat: means any watercraft operated with a sail. See Iowa Code 462A.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
  • Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. See Iowa Code 462A.2
  • Vessel for hire or commercial vessel: means a vessel for the use of which a fee of any nature is imposed, including vessels furnished as a part of lodge, hotel, or resort services. See Iowa Code 462A.2
 2. The commission shall forthwith revoke the registration certificate of any vessel and the owner‘s or operator‘s privilege to operate a vessel for hire or commercial vessel, upon receiving a record of such owner or operator’s conviction of any of the following offenses, when such conviction has become final:

 a. Manslaughter resulting from the operation of a vessel.
 b. Operating a motorboat or sailboat while intoxicated, or manipulating water skis, a surfboard, or a similar device while in an intoxicated condition or under the influence of a narcotic drug.
 c. Failure to stop and render aid as required by this chapter when an occurrence involving a vessel results in the death or personal injury of another.
 d. Perjury or the making of a false affidavit or statement under oath to the commission under this chapter relating to the ownership or operation of a vessel.
 3. The commission is hereby authorized to suspend the registration certificate of any vessel and the owner’s or operator’s privilege to operate a vessel for hire or commercial vessel upon a showing by its records that the owner or operator:

 a. Has committed an offense for which mandatory revocation of the registration certificate or of the privilege to operate a vessel for hire or commercial vessel is required upon conviction.
 b. Is a habitual reckless or negligent operator of a vessel for hire or commercial vessel.
 c. Is incompetent to operate a vessel for hire or commercial vessel.
 d. Has permitted an unlawful or fraudulent use of such registration certificate.
 4. The commission is hereby authorized to suspend or revoke the certificate of registration of a vessel registered under the provisions of this chapter when:

 a. It is satisfied that such registration certificate was fraudulently or erroneously obtained.
 b. It determines that a registered vessel is unsafe to be operated on waters of the state under the jurisdiction of the commission.
 c. A registered vessel has been abandoned or wrecked.
 d. Identification numbers are knowingly displayed on a vessel other than the one to which assigned.
 5. Upon revocation of any registration certificate, the commission shall notify the county recorder who issued the same, who shall immediately enter the revocation upon the recorder’s records.
 6. The commission is hereby authorized to suspend or revoke the special certificate of any manufacturer or dealer when it is satisfied that:

 a. Such special certificate was fraudulently or erroneously obtained.
 b. Such special certificate is being used in violation of the provisions of this chapter or the rules and regulations of the commission.
 c. Such manufacturer or dealer is violating any of the provisions of this chapter or the rules and regulations of the commission.
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