Terms Used In Iowa Code > Chapter 322 - Motor Vehicle Manufacturers, Distributors, Wholesalers, and Dealers

• All-terrain vehicle: means a motorized vehicle with not less than three and not more than six nonhighway tires that is limited in engine displacement to less than one thousand cubic centimeters and in total dry weight to less than one thousand two hundred pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. See Iowa Code 321I.1
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• At retail: means to dispose of a motor vehicle to a person who will devote it to a consumer use. See Iowa Code 322.2
• Autocycle: means as defined in section 321. See Iowa Code 322.2
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• buyer: means a person who buys a motor vehicle from a retail seller. See Iowa Code 322.2
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Commission: means the natural resource commission of the department. See Iowa Code 321I.1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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. See Iowa Code 322.2
• Condition: means a general problem that may be attributable to a defect in more than one part. See Iowa Code 322G.2
• Consumer: means the purchaser or lessee, other than for purposes of lease or resale, of a new or previously untitled motor vehicle, or any other person entitled by the terms of the warranty to enforce the obligations of the warranty during the duration of the lemon law rights period. See Iowa Code 322G.2
• Contract: A legal written agreement that becomes binding when signed.
• contract: means an agreement, entered into in this state, pursuant to which the title to, the property in or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. See Iowa Code 322.2
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Days: means calendar days. See Iowa Code 322G.2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state department of transportation. See Iowa Code 322.2
• Director: means the director of the department. See Iowa Code 321I.1
• Distributor: means a person, resident or nonresident, who sells or distributes all-terrain vehicles to all-terrain vehicle dealers in this state or who maintains distributor representatives. See Iowa Code 321I.1
• Distributor branch: means a branch office similarly maintained by a distributor or wholesaler for the same purposes. See Iowa Code 322.2
• Engaged in the business: means doing any of the following acts for the purpose of the sale of motor vehicles at retail: acquiring, selling, exchanging, holding, offering, displaying, brokering, accepting on consignment, conducting a retail auction, advertising as being engaged in any of those acts, or acting as an agent for the purpose of doing any of those acts. See Iowa Code 322.2
• 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.
• Extension: means a place of business of an authorized vehicle recycler other than the principal place of business within the county of the principal place of business. See Iowa Code 321H.2
• Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles, for the sale of motor vehicles to distributors, or for the sale of motor vehicles to motor vehicle dealers or for directing or supervising in whole or part, its representatives. See Iowa Code 322.2
• Final-stage manufacturer: means a person who performs such manufacturing operations on an incomplete motor vehicle that it becomes a completed motor vehicle. See Iowa Code 322.2
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• 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
• Fraud: Intentional deception resulting in injury to another.
• 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 travel, except in public areas in which the boundary shall be thirty-three feet each side of the center line of the roadway. See Iowa Code 321I.1
• Incomplete motor vehicle: means an assemblage consisting, at a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system to the extent that those systems are to be part of a completed motor vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed motor vehicle. See Iowa Code 322.2
• Incomplete motor vehicle manufacturer: means a person who manufactures an incomplete motor vehicle by assembling components none of which, taken separately, constitute a completed motor vehicle. See Iowa Code 322.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lessee: means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to the motor vehicle. See Iowa Code 322G.2
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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. See Iowa Code 322.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle: means any self-propelled vehicle subject to registration under chapter 321. See Iowa Code 322.2
• Motorcycle: means as defined in section 321. See Iowa Code 322.2
• Nonresident: means a person who is not a resident of this state. See Iowa Code 321I.1
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
• Owner: means a person, other than a lienholder, having the property right in or title to an all-terrain vehicle. See Iowa Code 321I.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 322.2
• Place of business: means a designated location wherein proper and adequate facilities shall be maintained for displaying, reconditioning, and repairing either new or used cars. See Iowa Code 322.2
• Program: means an informal dispute settlement procedure established by a manufacturer which mediates and arbitrates motor vehicle warranty disputes arising in this state. See Iowa Code 322G.2
• property: includes personal and real property. See Iowa Code 4.1
• Resident: means as defined in section 483A. See Iowa Code 321I.1
• Retail installment transaction: means any sale evidenced by a retail installment contract between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle from a retail seller at a time price payable in one or more installments. See Iowa Code 322.2
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• Sales finance company: means a person engaged, in whole or in part, in the business of purchasing retail installment contracts from one or more retail sellers. See Iowa Code 322.2
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• seller: means a person who sells a motor vehicle to a retail buyer. See Iowa Code 322.2
• Selling: includes bartering, exchanging, delivering, or otherwise dealing in. See Iowa Code 322.2
• Special equipment: means equipment installed on a motor truck which, in combination with the motor truck on which the equipment is installed, constitutes a self-contained unit configured for a specific purpose. See Iowa Code 322.2
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
• Vehicle subject to registration: means any vehicle that is of a type required to be registered under chapter 321 when operated on a public highway, including but not limited to a vehicle that is inoperable, salvage, or rebuilt. See Iowa Code 321H.2
• Warranty: means any written warranty issued by the manufacturer; or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is free of defects or will meet a specified level of performance. See Iowa Code 322G.2
• week: means seven consecutive days. See Iowa Code 4.1
• wholesaler: means a person, resident or nonresident, who in whole or part, sells or distributes motor vehicles to motor vehicle dealers, or who maintains distributor representatives. See Iowa Code 322.2
• year: means twelve consecutive months. See Iowa Code 4.1