326.1 Policy.
It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the negotiation and execution of motor vehicle reciprocal or proportional registration agreements, arrangements and declarations with other jurisdictions with respect to vehicles registered in this and such other jurisdictions, thus contributing to the economic and social development and growth of this state.
326.10 Minimum fee.
The minimum fee for each vehicle registered with this state under an apportionment agreement shall not be less than ten dollars for each truck or truck tractor and two dollars for each trailer. If the department enters into an apportionment agreement where minimum fees are not permitted, the provisions of this section shall not apply. In addition to proportional registration fees, the department shall collect the amounts of fees due as hereinafter provided for the issuance of plates, stickers or other identification of all vehicles subject to proportional registration.
326.10A Payment by check.
The department shall accept payment of fees under this chapter by personal or corporate check. The fee shall be deemed to have been paid upon receipt of the check. However, the department shall not issue plates, stickers or other identification of vehicles subject to proportional registration until sufficient time has elapsed to ensure that payment of the check has cleared the bank upon which it is drawn.
326.11 Subsequently acquired vehicles.
Vehicles acquired by a fleet owner after the commencement of the registration year and subsequently added to the fleet shall be prorated by applying the mileage percentage used in the original application for such fleet for such registration period to registration fees due under chapter 321 but in no case less than that required by section 326.10. A supplemental report shall be filed with the department not later than ten days after such addition to the fleet.
The director may issue temporary written authorization to carriers for vehicles acquired by a fleet owner and added to the fleet owner's prorate fleet after the beginning of the registration year. The temporary authority shall permit the operation of a commercial vehicle until permanent identification is issued, except that the temporary authority shall expire after ninety days.
326.12 Vehicles deleted--registration transferred.
Fleet owners who delete commercial vehicles displaying Iowa base plates from the fleet after the commencement of the registration year shall be allowed to transfer registration credit to a replacement vehicle in accordance with the provisions of this section. Iowa shall allow credit for non-Iowa based deleted vehicles only if the state designated by the fleet owner as the base state of the deleted vehicle permits transfer of registration credit to the replacement vehicle. The fleet owner shall notify the department not later than ten days after such deletion and replacement. Allowance of credit for deleted vehicles shall be subject to the following conditions:
1. No additional registration fee shall be assessed on a replacement vehicle upon which the registration fee would have been the same as that for the deleted vehicle. The fee for reissuance or registration credentials or for transfer of credentials shall be seven dollars.
2. No deletion shall be made nor credit allowed toward registration of a replacement vehicle unless the vehicle to be removed from service has been sold, junked, repossessed, foreclosed by mechanic's lien, title transferred by operation of law, or cancellation or expiration of a lease arrangement. The deleted vehicle shall have been disposed of on or before the date the replacement vehicle was acquired or in the possession of the applicant.
3. If a leased vehicle is to be deleted from the fleet and unexpired registration fees applied to the replacement vehicle, the lessee shall certify to the department that any unexpired registration fees paid by the lessor to the lessee have been refunded to the lessor prior to the date of the supplemental application requesting credit for registration fees paid on the deleted vehicle.
326.13 Information under oath.
The department shall require fleet owners to submit under oath any information deemed necessary to carry out the provisions of this chapter. Information furnished under this chapter shall be forwarded to the director of the department by each fleet owner no later than January 1 of the current registration year.
326.14 Plates and receipts.
The department shall issue registration plates and receipts pursuant to apportionment agreements or arrangements authorized under this chapter.
326.15 Refunds of registration fees.
The refund of registration fees paid for motor vehicles under this chapter is allowed, except that no refund shall be allowed and paid if the unused portion of the fee is less than ten dollars per vehicle. Refunds shall be made as follows:
1. If the motor vehicle is destroyed by fire or accident, or junked and its identity as a motor vehicle is entirely eliminated, the owner in whose name the motor vehicle was registered at the time of destruction or dismantling shall return the plates to the department and make a claim for refund. A refund is not allowed unless a junking certificate has been issued, as provided in section 321.52.
2. If the motor vehicle is removed from the apportioned fleet, the owner in whose name the motor vehicle was registered shall return the plates to the department and make a claim for refund. A refund shall not be allowed without documentation of the subsequent registration of the motor vehicle.
3. If the motor vehicle is stolen, the owner shall give notice of the theft to the department within five days. If the motor vehicle is not recovered by the owner before December 1 of the year for which the registration fee was paid, the owner shall make a statement of theft and make a claim for refund.
4. If the composite percentage apportioned by an owner on a fleet of vehicles based in Iowa to each of the jurisdictions with which Iowa has an apportionment agreement is more than one hundred percent, the fleet owner may file a claim with the department for a refund of registration fees paid in excess of one hundred percent, except when percentages are computed over one hundred percent as specified in section 326.8. The claim for refund shall be filed on or after December 1 of the year for which refund is requested, and the fleet owner shall furnish satisfactory evidence of the alleged overpayment. The department shall prescribe and provide suitable forms requisite or deemed necessary to process claims and ensure that claims are paid to fleet owners who have complied with proportional registration requirements. A fleet owner may elect to apply a refund to proportional registration fees payable the next registration year in lieu of receiving a refund payable under this section. The state of Iowa is not liable for claims unless filed within four full years following the calendar year for which the application is made.
5. If as a result of an audit the motor vehicle registration fees are found to have been paid in error, a claim for refund shall be filed with satisfactory evidence of the error.
A refund for trailers and semitrailers issued multiyear registration plates shall be paid by the department under the previously stated conditions.
Refunds of proportional registration fees are allowed only if the state which issued the base plate for the vehicle allows a similar refund to Iowa carriers. If the motor vehicle for which refund is sought is leased by the owner to an apportioned registrant, the claim shall be filed in the names of both the lessee and the lessor and the refund payment made payable to both the lessee and the lessor.
Refunds of proportional registration fees shall be paid on the basis of unexpired complete calendar months remaining from the date the claim is filed with the department. Refunds for trailers and semitrailers issued a multiyear registration plate shall be paid on the basis of unexpired complete registration years remaining from the date the claim is filed.
326.16 Delinquent fees.
If the fees for such proportional registration are not paid to each contracting jurisdiction entitled thereto on the basis of the proportional registration application and supporting documents filed with the department by the fleet owner within a reasonable amount of time as determined by the department, the department shall redetermine fees due this state. If any additional fees due this state are not paid by the fleet owner within twenty days after the mailing to the owner of a notice by certified mail of the additional fees due, such owner's registration in this state shall be canceled. In addition, the fees due for registration in this state shall be a debt due to the state of Iowa.
326.17 Iowa base plates.
Resident fleet owners shall be required to list Iowa as the base state for all commercial vehicles which qualify under the term "base state" as defined in this chapter, and Iowa base plates shall be displayed on all such commercial vehicles. Nonresident fleet owners subject to proportional registration shall display Iowa base plates if the commercial vehicle qualifies as an Iowa based vehicle as defined in this chapter.
326.18 Nonresident fleet owner privileges.
When a nonresident fleet owner has registered vehicles on a prorated basis, the vehicles are fully registered insofar as interstate commerce is concerned. The privileges granted to a nonresident pursuant to this chapter permit the operation of a vehicle which is simultaneously engaged in interstate movements and intrastate commerce, provided that the owner has intrastate authority or rights granted by the department. The director may also enter into reciprocity agreements pursuant to section 326.5 to permit interstate and intrastate movement of vehicles registered on a prorated basis by a nonresident fleet owner, provided the owner has intrastate authority granted by the department and the jurisdiction in which the nonresident is base plated grants the same privilege to an Iowa base plated vehicle. Each vehicle upon which an Iowa base plate is required to be displayed under this chapter is fully registered for both interstate commerce and intrastate commerce.
326.19 Records preserved.
Any owner complying with and granted proportional registration privileges shall preserve the records upon which applications are made for a period of four full years following the year for which the application was made. Upon request of the department, all fleet owners shall make all such records available to the department at the office of the director for audit as to accuracy of computation and payment. If the owner does not produce such records when so requested, the owner shall pay the costs of an audit by a duly appointed representative of the department at the home office of the owner. The department may enter into agreements with authorized agencies or other contracting states for joint audits of any such owner.
326.19A Failure to maintain records--penalty.
The department may assess a penalty in an amount equal to twenty percent of the amount calculated under section 326.6, subsection 2, paragraph "b", if the audit of the apportioned fleet owner under section 326.19 confirms that the fleet owner has failed to maintain records on all of the following:
1. Verification of miles for the preceding year.
2. Jurisdictional percentages claimed pursuant to section 326.6, subsection 1.
3. Reciprocity agreements to which the department may be a party.
The department shall adopt rules specifying the records and other information required for an audit under section 326.19.
326.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Base state" with respect to commercial vehicles subject to proportional registration means the state from which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet vehicle the state to which allocated for registration under statutory requirements.
2. "Broker" for purposes of section 326.23 means any person who, as principal or agent, sells or offers for sale any transportation, or negotiates for, or claims for solicitation, advertisement, or otherwise to be one who sells, provides, furnishes, contracts, or arranges for such transportation. The term "broker" shall not include motor carriers and employees or agents thereof.
3. "Commercial vehicle" means any vehicle which is operated in interstate commerce or combined intrastate and interstate commerce and used for the transportation of persons for hire, compensation or profit, or designed or used primarily for the transportation of property.
4. "Compact miles" means the total miles a fleet operates in this state and in all states with whom Iowa has an apportionment registration agreement and with whom the fleet owner has or will register vehicles on an apportioned registration basis.
5. "Department" means the department of transportation.
6. "Director" means the director of transportation or the director's designee.
7. "Fleet" means one or more commercial vehicles.
8. "In-state miles" means the mileage generated within this state by commercial vehicles in the fleet subject to proportional registration; except that, with respect to fleet vehicles based in Iowa, "in-state miles" shall also include all mileage traveled by such vehicles in states with whom Iowa has a proportional registration agreement but with whom the owner elects not to apportion registration fees and mileage traveled by such vehicles under reciprocity obtained by virtue of Iowa registration.
9. "Jurisdiction" means any county, state, territory, federal district, foreign country, or political subdivision thereof.
10. "Preceding year" means a period of twelve consecutive months fixed by the department, which period shall be within the sixteen months immediately preceding the commencement of the registration year for which proportional registration is sought.
11. "Proportional registration" or "proration" means division and distribution of registration fees imposed on commercial vehicles between two or more jurisdictions in accordance with a formula based on miles traveled by such vehicles.
12. "Total fleet miles" means the mileage generated by any truck or truck tractor which was part of a prorate fleet during the fiscal year period of September 1 through August 31 preceding the year for which proportional registration is sought. Total fleet mileage to be reported for any truck or truck tractor which was deleted from or added to the prorate fleet during the fiscal year reporting period shall be only those miles generated by such truck or truck tractor while the vehicle was part of the prorated fleet during such fiscal year reporting period. "Total fleet miles" in relation to trailers or semitrailers which are part of a prorate fleet means the mileage generated by the power units of the fleet; provided, however, that if such trailers or semitrailers were towed during the fiscal year reporting period by the power units which collectively were proportionally registered by the same fleet owner during the fiscal year reporting period as part of two or more fleets, "total fleet miles" in relation to such trailers or semitrailers means the total mileage generated by the several power fleets during the fiscal year reporting period even though some of the power units did not actually travel a portion of their total miles in contracting states where the proportional registration of such trailers or semitrailers is sought.
13. "Trip" for purposes of section 326.23 means:
a. A one-way movement from one point originating outside this state and destined to another point outside this state.
b. A round trip movement between two points within this state.
c. A round trip movement originating in this state or destined for a point within this state.
14. The words "vehicle," "motor vehicle," "motor truck," "truck tractor," "road tractor," "trailer," "semitrailer," "trailer coach," "combination" or "combination of vehicles," "gross weight," "person," "owner," "nonresident," "street" or "highway," and "auxiliary axle" shall have the meanings ascribed in section 321.1.
326.20 Benefits extended to leased vehicles.
The department may, notwithstanding any provisions of the Code to the contrary, enter into reciprocity or proportional registration agreements which extend the benefits thereof to leased vehicles on the basis of the residence of the lessee.
326.21 Laws of other states--Iowa interests.
In the absence of an agreement with another jurisdiction, the department may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to vehicles or owners of vehicles properly registered or licensed in such other jurisdiction. The department shall consider the interests of the state of Iowa and the citizens thereof, the interests of the other jurisdictions and the citizens thereof, and the benefits which will accrue to the economy of the state of Iowa from the uninterrupted flow of commerce in declarations made under this section. Each declaration shall specify that the extent of exemptions, benefits, and privileges is subject to revision without notice upon adoption by the general assembly of legislation in conflict with the terms of any such declaration.
326.22 Operational laws of Iowa applicable.
A nonresident registered vehicle is subject to all laws and rules governing the operation of such vehicle on the highways of this state. The registration number plates, stickers, or other identification assigned and furnished to any vehicle for the current registration year by the state in which the vehicle is registered shall be displayed on the vehicle substantially as provided in chapter 321 for vehicles registered pursuant to the provisions of this chapter. In addition, a fee set by the department to cover actual cost shall be charged for each plate, sticker, or other identification furnished for each vehicle registered in accordance with the provisions of this section or extended reciprocity in accordance with the provisions of this section. A charge shall not be made for the initial registration receipt or cab card issued for each vehicle registered pursuant to an apportionment registration agreement. A fee set by the department to cover actual costs shall be charged for issuance of duplicate plates, stickers or other identification required, duplicate registration receipts, and duplicate cab cards.
326.23 Trip permits.
1. The owner of a commercial vehicle which is properly registered and licensed in some other jurisdiction and is to be operated occasionally on highways in this state, may in lieu of payment of the annual registration fee for such vehicle obtain a trip permit authorizing operation of the vehicle on the highways of this state in interstate commerce for a period of not to exceed seventy-two hours. The fee for the trip permit shall be ten dollars.
2. The department may enter into agreements with owners and operators of truck stops to permit the owners and operators of truck stops to issue trip permits subject to any conditions imposed by the department. In addition to the trip permit fee, the owner or operator of a truck stop may charge an issuance fee of not more than one dollar. For the purposes of this section, "truck stop" means any place of business which sells fuel normally used by trucks and which is open twenty-four hours per day.
326.24
Repealed by 75 Acts, ch 173, § 12. 326.25 Applications--investigations.
The department shall examine and determine the genuineness, regularity, and legality of every application lawfully made pursuant to this chapter, and may in all cases make investigations as may be deemed necessary or require additional information. The department shall reject any such application if not satisfied of the genuineness, regularity, or legality thereof of the truth of any statement contained therein, or for any other reason, when authorized by law. The department is hereby authorized to take possession of any indicia of proportional registration or reciprocity upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued.
The department may suspend or revoke the registration indicia of a vehicle registered on a prorated basis in any one of the following events:
1. When the department is satisfied that such registration indicia was issued upon fraudulent application. Bona fide errors shall be corrected within fifteen days after notification by the department.
2. When the department determines that the required fee has not been paid and same is not paid upon reasonable notice and demand.
3. When the registration indicia is knowingly displayed on a vehicle which is not in the prorate fleet of the registrant.
4. Upon a determination that the motor vehicle does not have financial liability coverage as required under section 321.20B.
326.26 Forms.
The department shall prescribe and provide suitable forms of application, registration receipts, and all other forms requisite or deemed necessary to carry out the provisions of this chapter.
326.27 Violations to negate agreements.
Operation of a commercial vehicle or vehicles in violation of the requirements of this chapter, the motor vehicle registration laws of this state, or the terms of any agreement negotiated by the department pursuant to this chapter may, after due notice and hearing, be grounds for denial of reciprocal or proportional registration privileges on the vehicle or vehicles of an owner so operated. Any owner denied such reciprocal or proportional registration privileges shall be subject to payment of full annual Iowa registration fees on any such vehicle operated on Iowa highways. In addition to denial of reciprocal or proportional registration privileges, it shall be a simple misdemeanor, unless such act is declared under Iowa law to be a felony, for any person to operate under reciprocity or proportional registration in violation of any requirements of this chapter.
326.28 Copies of records--fee.
A fee shall be charged for copies of such records as may be provided from the office of the department or the director. Such fee shall be one dollar for the first page and fifty cents for each additional page of copy received at any one time.
326.29 Fees to road use tax fund.
Fees collected by the department pursuant to this chapter shall be remitted to the treasurer of state for deposit in the road use tax fund except that fees collected for other states shall be placed in a special fund known as the "reciprocity fund". The department, at least monthly, shall order the disbursement of such fees collected to the appropriate states. Interest earned on the "reciprocity fund" shall be retained by the state and shall be credited to the road use tax fund.
326.3 and 326.4
Repealed by 74 Acts, ch 1180, § 197. 326.30 Motor vehicle law applicable.
All provisions of chapter 321 insofar as applicable, are extended to include owners who register and title vehicles in this state on a proportional registration basis or who operate interstate on Iowa highways under reciprocity.
326.31 Filing incorrect information--effect.
Whenever the director has reason to believe that a fleet owner has filed incorrect information with the department or the department of revenue and finance, for the purpose of reducing the fleet owner's obligation for registration fees or fuel taxes, the director may cancel the apportioned registration privileges on all of the vehicles owned by such person. Any person who has such privileges canceled shall be subject to the payment of the full annual registration fee for all vehicles operated on the highways of this state for a period of at least five years thereafter. The director of revenue and finance shall co-operate with the department in ascertaining the accuracy of all reports filed pertaining to registration fees and motor fuel taxes.
Any person whose privileges are canceled may request an administrative hearing of said action before the department of inspections and appeals, and during the period pending the hearing the apportioned registration privileges shall be reinstated if the fleet owner posts security with the department of transportation in an amount sufficient to pay such full annual fees if an adverse decision is rendered at the hearing. At such hearing the fleet owner shall have the burden of proof as to the accuracy of any report filed by the fleet owner with the department of transportation or the department of revenue and finance. Judicial review of any decision reached at the administrative hearing may be sought in accordance with the terms of the Iowa administrative procedure Act.
326.32 Additional fees or restrictions by other states--effect.
If the laws of any other state or country impose any taxes, fees, charges, penalties, obligations, prohibitions, or limitations of any kind upon the vehicles of residents of Iowa, in addition to those imposed upon the vehicles of residents of such other state or country by the state of Iowa, the department may impose and collect fees and charges in the same amount and impose the same obligations, prohibitions, or limitations upon the owner or operator of a vehicle registered in such other state or country.
326.33 Rules adopted.
The department shall promulgate rules pursuant to chapter 17A as necessary to carry out the provisions of this chapter.
326.34 Definitions.
Repealed by 84 Acts, ch 1174, § 6. 326.35 Election to carry single card.
Repealed by 84 Acts, ch 1174, § 6. 326.36 Certificate of compliance.
Repealed by 84 Acts, ch 1174, § 6. 326.37 Temporary permit.
Repealed by 84 Acts, ch 1174, § 6. 326.38 Rules.
Repealed by 84 Acts, ch 1174, § 6. 326.39 to 326.44
Reserved. 326.45 Issuance--title obligation.
Upon receiving application for and payment of the registration fee and notification of title, the department shall issue registration identification to the applicant carrier and send the certificate of title to the vehicle owner or lienholder. The department shall adopt rules pursuant to chapter 17A to process registration of vehicles titled in other states.
326.46 Temporary registration.
The department may issue temporary registration for unregistered vehicles subject to registration under this chapter upon application by the owner and payment of a fee of ten dollars for each vehicle. The registration shall be valid for fifteen days and for one trip between specified points of origin and destination with intermediate points authorized by the department. Property or passengers shall not be transported while the vehicle is subject to temporary registration.
326.5 Reciprocity agreements.
The director may enter into reciprocity agreements with the authorized representatives of any jurisdiction, exempting nonresidents of this state using the highways of this state from the registration requirements of chapter 321 and payment of fees to this state, with conditions, restrictions, and privileges the director deems advisable.
326.6 Proportional registration of fleets.
The department may, pursuant to section 326.5, provide for proportional registration between this state and other jurisdictions of fleets of commercial vehicles owned by residents or nonresidents engaged in interstate commerce or simultaneously engaged in interstate and intrastate commerce.
1. The owners of fleets of commercial vehicles subject to proportional registration under apportionment agreements negotiated by the department shall file a sworn statement with the department which shall contain the following information and such other information as the department may require:
a. Total fleet miles for the preceding year.
b. In-state miles for the preceding year.
c. A description and identification of each vehicle which is part of the fleet for which proportional registration is sought.
2. The dollar amount of registration fees due this state for each fleet subject to proportional registration shall be computed as follows:
a. Divide total fleet miles during the preceding year into in-state miles during the preceding year to determine the percentage of total fleet mileage allocable to this state.
b. Determine the sum total amount necessary to register each and every vehicle in the fleet based on the annual registration fees prescribed in chapter 321.
c. Multiply the percentage obtained under paragraph "a" of this subsection by the sum total obtained under paragraph "b" of this subsection.
d. The product so obtained under paragraph "c" of this subsection shall be the amount payable by the owner for proportional registration of the fleet for the registration year. Payment of registration fees shall be made in accordance with section 321.134, subsection 2, or a fleet owner on a renewal registration may pay a fee equal to one- half of the applicable fee and post a surety bond, certificate of deposit, or letter of credit, equal to one-half of the applicable fee at the time of the first installment. Payment of the first installment entitles an owner to the issuance of full-year credentials. The second installment shall be paid by July 15. If the second installment is not paid by July 15, the department shall file claim against the security for payment of fees and penalties due and the owner shall not be entitled to elect the installment payment option for the following year. Excess surety moneys received shall be refunded minus a fifty dollar administration fee.
3. The department may negotiate apportionment agreements on either a vehicle or a dollar basis. In apportionment on a vehicle basis, a sufficient number of vehicles shall be registered to produce total fee payments not less than an amount obtained by applying the proportion of in-state fleet miles to total fleet miles to the fees which would otherwise be required for total fleet registration in this state.
326.7 Agreements on basis of compact miles.
Notwithstanding any other law to the contrary, and as an alternative to the procedure set out in section 326.6, the department may enter into agreements providing for proportional registration between this state and other jurisdictions of fleets of commercial vehicles owned by residents or nonresidents engaged in interstate commerce or simultaneously engaged in interstate and intrastate commerce on the basis of compact miles.
The Iowa prorate percent will be computed by dividing the Iowa miles by the compact miles as defined in section 326.2. If the composite percentage paid by the Iowa resident to each of the states a party to an apportioned registration agreement with Iowa for apportioned registrations is less than one hundred percent, the department will redetermine the registration fees due the state of Iowa to bring the composite percent to one hundred percent. If the composite percent paid by the nonresident fleet operator to each of the states a party to an apportioned registration agreement with Iowa for apportioned registration fees on vehicles base plated in Iowa is less than one hundred percent, the department will redetermine the registration fees due the state of Iowa to bring the composite percent to one hundred percent on such Iowa base plated vehicles.
326.8 Estimating mileage.
When in-state and total fleet or compact mileage cannot be computed for a particular fleet on the basis of actual operation during the preceding year, estimated mileage shall be accepted for the fleet's first prorate application. Estimated mileage shall be based on the proposed operation of the fleet during the entire year for which proportional registration is sought. The applicant shall substantiate the estimate by submitting details of the applicant's proposed operation including, but not limited to, type of operation, its location, routes, and frequency of operation.
326.9 Individual vehicles not to be proportionally registered.
The registrations of individual vehicles shall not be subject to proportional registration with this state. The same fleet, consisting of the same vehicles in each state, shall be proportionally registered in each state with which the fleet is prorated; and every one of the vehicles shall be included in the fleet in each state. Failure to comply with these requirements shall constitute grounds for cancellation of proration privileges.
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