§ 321I.31 — Owner’s certificate of title — in general

Iowa § 321I.31

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321I: ALL-TERRAIN VEHICLES

Text

1. The owner of an all-terrain vehicle acquired on or after January 1, 2000, other than an
all-terrain vehicle used exclusively as a farm implement or a motorcycle previously issued a
title pursuant to chapter 321, shall apply to the county recorder of the county in which the
owner resides for a certificate of title for the all-terrain vehicle. The owner of an all-terrain
vehicle used exclusively as a farm implement may obtain a certificate of title. A person who
owns an all-terrain vehicle that is not required to have a certificate of title may apply for and
receive a certificate of title for the all-terrain vehicle and, subsequently, the all-terrain vehicle
shall be subject to the requirements of this chapter as if the all-terrain vehicle were required
to be titled. All all-terrain vehicles that are titled shall be registered.
2. A certificate of title shall contain the information and shall be issued on a form the
department prescribes.
3. An owner of an all-terrain vehicle shall apply to the county recorder for issuance of
a certificate of title within thirty days after acquisition. The application shall be on forms
the department prescribes and accompanied by the required fee specified in section 321I.32
and the writing fee specified in section 321I.29. The application shall include a certification
signed in writing containing substantially the representation that statements made are true
and correct to the best of the applicant’s knowledge, information, and belief, under penalty of
perjury. The application shall contain the date of sale and gross price of the all-terrain vehicle
or the fair market value if no sale immediately preceded the transfer and any additional
information the department requires. If the application is made for an all-terrain vehicle
last previously registered or titled in another state or foreign country, the application shall
contain this information and any other information the department requires.
4. If a dealer buys or acquires an all-terrain vehicle for resale, the dealer may apply for
and obtain a certificate of title as provided in this chapter. If a dealer buys or acquires a used
all-terrain vehicle, the dealer may apply for a certificate of title in the dealer’s name within
thirty days. If a dealer buys or acquires a new all-terrain vehicle for resale, the dealer may
apply for a certificate of title in the dealer’s name.
5. A manufacturer or dealer shall not transfer ownership of a new all-terrain vehicle
without supplying the transferee with the manufacturer’s or importer’s certificate of origin
signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain
information the department requires. The department may adopt rules providing for the
issuance of a certificate of origin for an all-terrain vehicle by the department upon good
cause shown by the owner.
6. A dealer transferring ownership of an all-terrain vehicle under this chapter shall assign
the title to the new owner, or in the case of a new all-terrain vehicle, assign the certificate of
origin. Within thirty days the dealer shall forward all moneys and applications to the county
recorder.
7. The county recorder shall maintain an electronic record of any certificate of title which
the county recorder issues until the certificate of title has been inactive for five years. When
issuing a title for a new all-terrain vehicle, the county recorder shall obtain and keep the
certificate of origin on file. When issuing a title and registration for a used all-terrain vehicle
for which there is no title or registration, the county recorder shall obtain and keep on file
the affidavit for the unregistered and untitled all-terrain vehicle.
8. Oncetitled,apersonshallnotsellortransferownershipofanall-terrainvehiclewithout
deliveringtothepurchaserortransfereeacertificateoftitlewithanassignmentonitshowing
titleinthepurchaser’sortransferee’sname. Apersonshallnotpurchaseorotherwiseacquire
an all-terrain vehicle without obtaining a certificate of title for it in that person’s name.
9. If the county recorder is not satisfied as to the ownership of the all-terrain vehicle or
that there are no undisclosed security interests in the all-terrain vehicle, the county recorder
may issue a certificate of title for the all-terrain vehicle but, as a condition of such issuance,
may require the applicant to file with the department a bond in the form prescribed by the
15 ALL-TERRAIN VEHICLES, §321I.33
department and executed by the applicant, and also executed by a person authorized to
conduct a surety business in this state. The form and amount of the bond shall be established
by rule of the department. The bond shall be conditioned to indemnify any prior owner and
secured party and any subsequent purchaser of the all-terrain vehicle or person acquiring
any security interest in the all-terrain vehicle, and their respective successors in interest,
against any expense, loss, or damage, including reasonable attorney fees, by reason of the
issuance of the certificate of title of the all-terrain vehicle or on account of any defect in or
undisclosed security interest upon the right, title, and interest of the applicant in and to the
all-terrain vehicle. Any such interested person has a right of action to recover on the bond
for any breach of its conditions, but the aggregate liability of the surety to all persons shall
not exceed the amount of the bond. The bond shall be returned at the end of three years or
prior thereto if the all-terrain vehicle is no longer registered in this state and the certificate
of title is surrendered to the department, unless the department has been notified of the
pendency of an action to recover on the bond.
10. A motorcycle that has been issued a certificate of title pursuant to this section may be
issued a title pursuant to chapter 321 upon proper application and surrender of the existing
title. Upon issuance of a title pursuant to chapter 321, the certificate of title previously issued
pursuant to this section shall be returned to the issuing county recorder.