Terms Used In Iowa Code > Chapter 462A - Water Navigation Regulations

• 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.
• Alcohol concentration: means the number of grams of alcohol per any of the following:
   a. See Iowa Code 462A.2
• Alcoholic beverage: includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption. See Iowa Code 462A.2
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized emergency vessel: means any vessel which is designated or authorized by the commission for use in law enforcement, search and rescue, and disaster work. See Iowa Code 462A.2
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Boat livery: means a person who holds a vessel for hire, renting, leasing, or chartering including hotels, motels, or resorts which furnish a vessel to guests as part of the services of the business. See Iowa Code 462A.2
• Certificate: means a certificate of title. See Iowa Code 462A.2
• Chemical test: means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance, or a drug. See Iowa Code 462A.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
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the natural resource commission. See Iowa Code 462A.2
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means any drug, substance, or compound that is regulated under chapter 124, including any counterfeit substance or simulated controlled substance, as well as any metabolite or derivative of the drug, substance, or compound. See Iowa Code 462A.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.
• Cut-off switch: means an operable factory-installed or dealer-installed emergency cut-off engine stop switch that is installed on a personal watercraft. See Iowa Code 462A.2
• Cut-off switch lanyard: means the cord used to attach the person of the operator of a personal watercraft to the cut-off switch. See Iowa Code 462A.2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of natural resources. See Iowa Code 462A.2
• Director: means the director of the department or the director's designee. See Iowa Code 462A.2
• Established place of business: means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the dealer's or manufacturer's books and records are kept and a large share of the dealer's or manufacturer's business is transacted. See Iowa Code 462A.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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• 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
• Inboard: means a vessel in which the engine is located internally, the propulsion system is rigidly attached to the engine, and the propulsion mechanism is within the confines of the vessel's extreme length and beam. See Iowa Code 462A.2
• Inboard-outdrive: means a vessel in which the power plant or engine is located inside of the vessel and the propulsion mechanism is located outside of the transom. See Iowa Code 462A.2
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person holding a security interest. See Iowa Code 462A.2
• Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
• 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
• Manufacturing: means physical or chemical modification of one or more materials to produce packaging or packaging components. See Iowa Code 455D.19
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• 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
• Navigable waters: means all lakes, rivers, and streams, which can support a vessel capable of carrying one or more persons during a total of six months in one out of every ten years. See Iowa Code 462A.2
• Nonresident: means every person who is not a resident of this state. See Iowa Code 462A.2
• 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 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
• 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.
• Passenger: means a person carried on board a vessel, including the operator, and anyone towed by a vessel on water skis, surfboards, inner tubes, or similar devices. See Iowa Code 462A.2
• Peace officer: means :
   a. See Iowa Code 462A.2
• Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
• personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
• Personal property: All property that is not real property.
• Personal watercraft: means a vessel, less than sixteen feet in length, which is propelled by a water jet pump or similar machinery as its primary source of motor propulsion and is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than being operated by a person sitting, standing, or kneeling inside the vessel. See Iowa Code 462A.2
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeds: includes whatever is received when collateral or proceeds are sold, exchanged, collected, or otherwise disposed of. See Iowa Code 462A.2
• property: includes personal and real property. See Iowa Code 4.1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Rule: includes "regulation". See Iowa Code 4.1
• Sailboard: means a windsurfing vessel with a mount for a sail, a daggerboard, and a small skeg. See Iowa Code 462A.2
• Sailboat: means any watercraft operated with a sail. See Iowa Code 462A.2
• Security interest: means an interest which is reserved or created by an agreement which secures payment or performance of an obligation and is valid against third parties generally. See Iowa Code 462A.2
• Serious injury: means the same as defined in section 702. 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
• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Undocumented vessel: means any vessel which is not required to have, and does not have, a valid marine document issued by the bureau of customs or a foreign government. See Iowa Code 462A.2
• United States: includes all the states. 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
• Wake: means any movement of water created by a vessel which adversely affects the activities of another person who is involved in activities approved for that area or which may adversely affect the natural features of the shoreline. See Iowa Code 462A.2
• Watercraft: means any vessel which through the buoyant force of water floats upon the water and is capable of carrying one or more persons. See Iowa Code 462A.2
• Watercraft education certificate: means a certificate, approved by the commission, which is issued to a qualified applicant who is twelve years of age or older who has successfully completed a watercraft education course approved by the department. See Iowa Code 462A.2
• Waters of this state under the jurisdiction of the commission: means any navigable waters within the territorial limits of this state, and the marginal river areas adjacent to this state, exempting only farm ponds and privately owned lakes. See Iowa Code 462A.2
• Writing fee: means the amount paid by the boat owner to the county recorder for handling the transaction. See Iowa Code 462A.2
• year: means twelve consecutive months. See Iowa Code 4.1