DMV

A: If a customer provides a signed affidavit from a police authority or private entity employ by a police authority (Form 411163) for sale of an abandoned vehicle then the customer should be allowed to proceed with the title & registration transaction. If you believe that a police agency or private entity is not following the proper steps, then do any of the following

1. Contact the police agency directly to inquire about the transaction.
2. Contact our investigators to report the anomaly by the police agency.
3. Hold the transaction if you think the problem could result in fraud against the rightful owner as in Iowa Code 321.30(1)(c).

A: Yes, the delinquency needs to be paid. Iowa Admin Rule 761.400.22 waives the delinquency only when the abandoned vehicle is sold on a police authority’s bill of sale. The code specifically states that if it is transferred under any other operation of law transfer not mentioned in the rule, it is subject to the accrued fees and penalties.

A: This is valid. It is the second page (reverse side) of Form 411163 which is the Certificate of Disposal of an Abandoned Vehicle and is only available to police agencies. Normally we would see both sides of the form, but this is the only section that the police are required to complete so I can understand why they only provided this page.

A: Counties are not required to review an abandoned vehicle / artisan lien affidavit (Form 411358) to determine if appropriate notification steps were taken. By signing these documents, the sell (police authority, private entity, Artisan) certifies their compliance with statutes and holds harmless the county personnel processing the title and registration transaction.  However, as per Iowa Code 321.30, a county always has the authority to refuse title and registration if it has reasonable ground to suspect fraud. Therefore, you may review the transaction at your discretion. We continue to work through the myriad issues and different Iowa codes involved in abandoned vehicle and lien processes to identify process improvements. We will be adopting the new artisan lien affidavit and hope to make any corrections or changes to the guide and the County Manual over the next couple of months.

A: This would not be considered an abandoned vehicle if the buyer never took delivery. The auto auction should submit an Affidavit of Correction (Form 411219) if the buyer refused delivery. However, if they did turn the vehicle over to a tow company as an abandoned vehicle, the tow company would not be able to take title of the vehicle after going through the abandoned vehicle process, as the process ends (if owner does not claim the vehicle) with the tow company disposing of the vehicle through a public auction or directly to a demolisher.

A: If the vehicles were noted and identified as part of the property sale – similar to an execution sale or Sheriff’s auction – then the city may obtain title to the vehicles through an operation of law transfer and then they can do with the vehicles whatever they deem appropriate (sale, use, demolish). The Execution Sale process is in Section 13 of the County Manual. If for some reason the vehicles were not noted as part of the property sale but were only discovered after the fact, then they should go through the abandoned vehicle process.

A: : Any registration delinquency (back fees) on an abandoned vehicle are waived ONLY if the vehicle is handled through police order which is documented by using Form 411163. It can be sold by the police or by a private entity as approved by the police, but either way the same Form 411163 is used. The registration delinquency is not waived if the transaction is handled solely by a private provider using Form 411185.

A: If the dealer is the lien holder then it does not need to obtain title but can sell from the Affidavit of Repossession. The back fees are based on when the vehicle went delinquent.If the dealer is not the lien holder, then yes, the dealer must take title and pay any back fees.

A: The dealer should supply whatever documentation is available or may take a photo of identifying marks. If the vehicle still cannot be positively identified, it should be submitted for inspection.

A: Iowa Code 761.400.14(6) states the attorney may act for “owner(s) if the appointment is shown on a power of attorney form” (underlines added). Given this reference, the Secure POA Form 411101 may be used by two owners.

A: The county should confirm that consignment sales are legal in the other state. We recommend the customer provide a written statement specifically stating that the vehicle was bought/sold on consignment in the given state.

A: Yes, the lessee can complete and submit Form 411107.

A: The Iowa dealer license authorized in Iowa Code 322 is for motor vehicles of any type. While there are certain provisions in law that specifically pertain to motorcycle sales and motorcycle franchises, if a dealer has a valid new or used motor vehicle dealer license then it may sell any used motor vehicle that is subject to title and registration.

A: ARTS can display a customer ownership history under Reports > Customer Reports > Customer Ownership History. This report does not automatically identify the type of title or any designations on the title, but it will provide an easier way to find all titles associated with a specific customer (in this case a dealer). We do not have a way for a dealer to use ARTS to self-identify how many salvage vehicles it has converted to prior salvage each year, as we assume that a dealer should be able to check its own records.

A: There is nothing in law or admin rule that would prohibit the issuance of a 30-day permit in the circumstances you describe. However, the law makes clear – and we should make it clear to the customer – that the issuance of a 30-day permit does not exempt the customer from any penalties that might accrue past the 30-day move-in date. If the customer moved the vehicle into Iowa on February 1 with an Illinois 7-day permit, and then received an Iowa 30-day permit on February 8, the deadline to title and register without late fees is still going to be March 2 and not March 9.

A: OVMCS has no specific information on this. Anecdotal evidence suggests that procedures vary from county to county.

A: No, not for regular trailers. Assignments for towable RVs should be captured like any other dealer assignment.

A: No. The law requires that the face of the title contain the name of the previous owner. In this circumstance, the previous owner is the dealer from the previous assignment.

A: As always, late transfers are subject to penalty, but credit would still apply if within the 6-month timeframe.

A: It depends on the size of the trailer. Auction-only restricted dealers are required to have titles assigned to the dealer for vehicles offered for sale at their auctions. However, small trailers under 2,000 lbs. are not required to be titled in Iowa. If the auction is selling a small trailer that is currently titled, the auction should take title and then reassign it, or turn the title in to the county to eliminate any duplication of ownership documents. If the auction chooses not to reassign the title, a bill of sale shall be sufficient to show ownership transfer. The auction-only dealer shall have titles duly assigned to the dealer for trailers heavier than 2,000 lbs.

A: Investigations into some out of state wholesalers, who are listed on title assignments, have revealed that some are shell or non-existent companies that are not licensed to conduct business. Suspicious “dealers” or wholesalers” that are listed as assignees on foreign titles should be reported to the Bureau of Investigation.

A: No. A non-licensed trailer dealer may choose to get county title and registration, instead of signing over the MCO or previous title to the next purchasing customer. In accordance with DOR and DOT regulations, the trailer dealer must then pay title, annual registration fee and fee for new registration.

A: When there is known fraud, the investigator or the county staff should place an exception case on the VIN because the exception is more visible (red X). Make the exception #68 - Soft Stop - Gen Fraud Warning and write see sticky note. This is important in the contiguous county environment.

A: The county has discretion to approve or deny this transaction, based on the materials you are presented. First, confirm that the ownership chain is clear and complete. Second, read the forms(title and any reassignment forms) to understand the intended usage and authorizations by the other jurisdictions. If the ownership chain looks correct from New York to Michigan and then to Iowa and there are no indicators that New York doesn't allow another state to reassign their forms, the county may accept the transaction.

A: Because there was a reassignment by an Iowa dealer after the vehicle entered Iowa, these penalties do not apply. The reassignments were not full when the title entered Iowa. The delinquency and penalties only apply when the assignments are full as the title enters the state and the dealer doesn’t get a dealer title within 30 days.

A: Transfer dates are not required on MCO reassignments, nor is there a space to enter the transfer date on most MCOs. County treasurer staff will enter any reassignments from the back of the MCO into ARTS to show the ownership chain. The dates only need to be in succession to process the transaction. Counties may ask for those transfer dates to be accurate but should not deny a transaction when they are not provided.

A: Yes, if the dealer will be using the vehicle as a service loaner to let customers use as they repair the customer’s vehicle. If the dealer wants the county plates, the dealer can claim exemption from the fee for new registration (UT04-sales tax) but will need to pay annual registration.

A: Processing dealer titles this way causes a discretionary edit (DE) to fire on the next title transfer. ARTS is flagging these transactions because the customer record being used doesn’t have a Dealer number (ARTS is only seeing the FEIN). The correct process is to use the dealer number when issuing titles, so the transaction/transfer processes smoothly and appropriately through the system.

A: Ideally, they should be released electronically but if an error occurs then the notarized letter may be needed.

A: Iowa dealers do not need to obtain an Iowa title unless there is no remaining space on the back of the title for transfers. We do consider it a best practice, but it is not required.

A: If a security interest is listed on the MCO and on the application, then BOTH must be listed UNLESS the applicant indicates IN THE SECURITY INTEREST SECTION of the application that they are one in the same.

A: Not normally. When a payoff is made, the ELT lender will, in most circumstances, provide a “mail-to” address in the ELT lien release. This lien release will show up in the Electronic Title Queue with the lien released and the “mail-to” address for the dealership listed. When the transaction is completed, a paper title with the lien released will be generated along with the mailing cover sheet listing the dealership’s address. This is one of the main benefits of the ELT program, to speed up the release of the lien and to get the paper title into the hands of lender, dealership, or owner more quickly.

A: To release the incorrect lien, obtain a notarized statement from the lien holder stating they have no interest in the vehicle. Then close out the SI Application and perform the Misc. transaction to disperse the filing fee.

A: To be considered a perfected security interest, the SI application must be filed in the county where the title is, or should be, issued. Except in the case of repossession, there should be no need for a different county to perform the title transfer.

A: There is no specified time period in the regulations. It is recommended that at least six months elapse before closing an SI Application that hasn’t been applied. Closing an outstanding SI should only be done after vehicle records have been thoroughly examined to ensure there is no record to which the SI should be applied.

A: Go to Management Reports>Security Interests Released or to Management Reports>ELT History. These reports show the release date, release reason (ELT cancel), who cancelled the lien, and where it was mailed. If it was an ELT lien cancelled by the OVMCS, no address is listed in the reports because the title is held electronically. In the Vehicle Transaction History report, an ELT lien release will be listed as an Add/Release SI transaction. When “batch jobs” is displayed in the “Performed By” field, this means that the lien was released through an automated batch job and a paper title was not printed or mailed per the request of the ELT lender. If an owner later requests a paper title, this can be provided using the Convert title transaction.

A: Registration of the vehicle in Iowa is enough to satisfy statutory requirements until the lien is paid off. It is not until the customer pays off the lien, that the title should be surrendered by the owner for issuance of an Iowa title. The foreign title is not required to be surrendered for issuance of an Iowa title if the vehicle was traded to an Iowa dealer and the dealer sent the payoff to the out of state lienholder.

A: When an ELT lienholder releases a lien but is not provided an address to mail a paper title, the lien is automatically released via a batch job and the title remains electronic. (The owner retains the option to later request a printed title at no charge which can be provided via the Convert Title transaction.) In the Vehicle Transaction History report, this automated lien release will be listed as an Add/Release SI transaction that was performed by the User “Batch jobs. In the Security Interests Released report, this automated lien release will list a Release Reason as “ELT Cancel” and list the Releasing County or Org as Office of Vehicle Services.

A: Dropping or adding a name requires an assignment of title and a new application for title be submitted. This can only be accomplished using a paper title. If a name needs to be added or dropped from a title that is electronic, but has no lien, the owner(s) can simply request a paper title and one can be printed using the Convert Title transaction in ARTS. Then the assignment of title and new application can be submitted. If a name needs to be added or dropped from an electronic title on which there is an unreleased lien, the owner(s) will need to contact their lender. If approved, the lienholder can submit an electronic request to print a paper title. This electronic request will appear in the Electronic Title Queue. The county User will process this request, print the paper title and mail to the address designated by the lienholder (normally the lienholder’s address). The owner(s) may need to meet with the lienholder so that the appropriate assignment of title can be made. The lienholder can then mail/deliver the properly assigned title to the county treasurer so that the transfer may be completed. Since the lien is not released, a new electronic title will be generated.

A: The SPOA can be accepted in this scenario. The SPOA can only be used when a title is missing or held by a lienholder. At the time the vehicle was traded to the dealership in this circumstance, the title was “held” electronically by the lender and was not available to the dealer thus making the use of the SPOA appropriate. When an SPOA is surrendered with a title that lists no lien, the Vehicle Transaction History report is a good way to verify that the vehicle was recently on an ELT title and that the lien was released after the vehicle was traded to the dealer.

A: Just as is done on a non-ELT title, use Add/Release SI to remove and then re-add the lien with the correct date, adjust fees, and add a sticky note explaining the reason for the change. DE189 “A release has not been requested for this ELT Lien” will fire requiring OVS approval to proceed.

A: Yes. The application for title may still be accepted providing it lists the FEIN of the lienholder. The disclosure of the ELT Identifier on the application for title is encouraged as it helps to ensure that the correct ARTS customer record is used in the transaction which, in turn, makes certain that an ELT lender’s lien is perfected electronically.

A: Perform a Corrected title and Update Registration transaction to add the owner that was inadvertently left off.

A: Look in Reports>Vehicle Reports>Vehicle Transaction History and mail the title to the address shown in the “Mail Title Address” field. When releasing a lien electronically in ARTS the 8 1/2 X 11 mailing address sheet should automatically print.

A: This could happen if the vehicle owner moved out of state and a paper title was needed for the new state of residence. The Mailing tab in Convert Title allows the User to select a mailing address from the drop-down list. Convert Title would be the transaction to perform if/when an electronic title needs to be converted to a paper one.

A: ARTS will print out the actual paper title with a new title number and another white county copy as well.

A: Yes, using only the FEIN will result in the return of the customer record for the ELT lender in the T&R PreQualifier, but not in all customer searches. The best practice is to use the entire ELT Identifier to ensure that the correct customer record will be returned in all types of customer searches. For example, if only the FEIN of the lender is used on a general customer search, multiple records will be returned. When the ELT Identifier is used, only one record (the correct one) is returned.

A: They should use their legal name.

A: Use the SI Application transaction in ARTS to record the lien. This will ensure that the lien is perfected when the supporting documents are later surrendered.

A: If the lender wishes to have a paper title, then they can indicate as such and be issued the paper. There’s no specific way a lender must make this request, but if they have done so on one of the application forms, that would be acceptable. The paper title does not need to be requested via the vendor and the ELT Queue; it can be issued “up front” when the first ELT title is issued by using the Convert Title transaction.

A: Yes, the signature of one owner is acceptable.

A: If a name needs to be added or dropped from an electronic title on which there is an unreleased lien, the owner(s) will need to contact their lender. If approved, the lienholder can submit an electronic request to print a paper title. This electronic request will appear in the Electronic Title Queue. The county User will process this request, print the paper title and mail to the address designated by the lienholder (normally the lienholder’s address). The owner(s) may need to meet with the lienholder so that the appropriate assignment of title can be made. The lienholder can then mail/deliver the properly assigned title to the county treasurer so that the transfer may be completed. Since the lien is not released, a new electronic title will be generated.

A: Dealers add lienholders to a deal in ERT by their FEIN (Federal Employer Identification Number), but they don’t see the lienholder name or address that goes into ERT, so they cannot verify it before it goes to the county. The county needs to choose the “mail to” address that is correct. The address does not need to match the application for ELT lienholders. If the lienholder is not an ELT customer, you can use the SI Mailing Address tab to choose the correct address.

A: Statements are available for two fiscal years plus the current year. If a statement is needed that is no longer available, you may request the statement by sending an email to county.vehicle@iowadot.us

A: Columns in ERT are sortable and the county treasurer may assign certain deal numbers to specific employees. We can add this demonstration to our future training. We also strongly encourage that whenever county staff adds a comment to an ERT deal that the note should include the name and contact information.

A: This is a known issue and will be addressed in an upcoming IT fix labeled TFS6010. Until the fix is made, dealers have been sending an additional check to the counties.

A: Electronic copies of all documents – including MCOs, notarized documents, and others – are accepted through ERT because Iowa Code 321.20 specifically allows for the electronic transmission through that service. Iowa Admin Rule 761.400.3 also provides almost three pages of legal requirements for the submission of electronic applications and documents through ERT.

A: Yes. There is no prohibition in the Administrative Rule that indicates that POA may not be used for this purpose. The dealer should check the "other" field on the POA Form 411021 and specify that POA will be used for ERT Authorization.

A: Dealers cannot update a customer’s address in ARTS or ERT. The initial county receiving the dealer will need to update the customer’s address and county. You can make the update in the Relate Customers tab. Click on your customer, which will take you to Customer Maintenance. Update the customer’s record and then you will deny the deal in ERT. Then, the dealer will have to send the deal to the correct county.

A: Dealers add lienholders to a deal in ERT by their FEIN (Federal Employer Identification Number), but they don’t see the lienholder name or address that goes into ERT, so they cannot verify it before it goes to the county. The county needs to choose the “mail to” address that is correct. The address does not need to match the application for ELT lienholders. If the lienholder is not an ELT customer, you can use the SI Mailing Address tab to choose the correct address.

A: Make sure to process your ERT deals in the ERT Queue. Technically, you could process the transfer within Set Manager (WIP), but ARTS is only programmed to fully complete your process in the ERT Queue. Working the transfer outside of the ERT Queue will not show County Approved status and the county will not get the ACH payment until it gets changed by DOT IT.

A: The customer is receiving a new plate and must pay all fees associated with the new plate.

A: The fee is $5 plus any personalization fee if the message changes.

A: Iowa Code 321.152 identifies the fees that a county treasurer may collect and retain for title and registration transactions. The $1 fee is not specifically designated as postage but may nevertheless be collected for every new registration.

A: : Any registration delinquency (back fees) on an abandoned vehicle are waived ONLY if the vehicle is handled through police order which is documented by using Form 411163. It can be sold by the police or by a private entity as approved by the police, but either way the same Form 411163 is used. The registration delinquency is not waived if the transaction is handled solely by a private provider using Form 411185.

A: The customer is receiving a new plate and must pay all fees associated with the new plate.

A: The owner may register a vehicle currently in storage by paying the current full annual fee.

A: The spouse should complete the lease termination form.

A: This is a known issue and will be addressed in an upcoming IT fix labeled TFS6010. Until the fix is made, dealers have been sending an additional check to the counties.

A: If a dealership doesn't mark the business trade but customer returns, a refund can be provided for a change to business trade within three months of registration. The correction is made to the registration before submitting the refund request. If a customer registers with regular usage but then wants to change to business trade, a refund is not allowed.

A: No. A non-licensed trailer dealer may choose to get county title and registration, instead of signing over the MCO or previous title to the next purchasing customer. In accordance with DOR and DOT regulations, the trailer dealer must then pay title, annual registration fee and fee for new registration.

A: DE136 “Vehicle weight and list price is not current. An additional charge has been added to the annual fee” will fire when the weight or list price has not been certified by the manufacturer and the “certified” check box in Vehicle Maintenance is not checked. This most commonly occurs when the “Search Similar” functionality is used to obtain the previous model year’s fee. When “Search Similar” is used, the fee for the vehicle being registered is uncertified because the weight or list used was not provided by the manufacturer. ARTS will add $10 to the annual fee that is calculated. When the certified weight and/or list price later becomes available, a batch file will update any vehicle already titled in ARTS, check the “certified” box, and calculate the registration fee based on the now certified weight and list price. The dealer fee calculators will indicate the same fee (with the $10 added) for an uncertified vehicle that has been previously titled in ARTS. The same fee calculators will warn a dealer that “estimated fees may be incorrect, missing weight or list price” whenever an untitled vehicle’s weight and/or list price is not yet available. In such a case, the dealer may contact OVMCS to obtain the weight and list price so that fees may be properly calculated.

A: Normally, if a county has a refund request for a leased vehicle and the lessee requests the refund, the county should be requiring surrender of a signed Affidavit of Lease Termination by the lessee. Otherwise the refund will be given to the leasing company. Users should be able to put most of these requests in ARTS under Refund Vehicle Registration and choose the lessee as the party to receive the refund, provided the Affidavit of Leased Termination signed by the lessee has been surrendered. If for some reason the User cannot enter this refund into ARTS, the name of the lessee will need to be entered in the box entitled “Print or type the following information” that is on the Claim for Refund form. If the lessee has signed the Affidavit of Lease Termination so that the lessee will receive the refund, the county office must complete the box in the lower left corner of the Claim for Refund form. If there is no Affidavit of Lease Termination signed by the lessee, then Users should be putting the leasing company’s name in the “Print or type the following information” box and sign off in the county portion of the form. This will ensure that the leasing company will receive the refund check. Please forward the Claim for Refund forms by either emailing to mvdacct@dot.iowa.gov or faxing to 515-237- 3056. VMCS will review this process with our staff to ensure everyone gives out the correct information.

A: A person owning special mobile equipment may use a transport vehicle registered for the gross weight of the transport without a load.More information on special mobile equipment can be found in the Iowa Truck Information Guide: https://iowadot.gov/mvd/motorcarriers/truckguide.pdf.

A: The system should generate a refund request due to the excess credit remaining.

A: No. Iowa Code 321.46(3) provides the law regarding credits and subsection (c) states that any credit of less than $10 shall be disallowed. Iowa Admin Rule 761.400.60(2) does allow credit to be transferred to a spouse, parent or child. However, since the Admin Rule does not mention anything about waiving the $10 disallowance, and since 321.46 does not make any exceptions, a credit of under $10 does NOT transfer to a spouse, parent or child. This is consistent with our other processes because we would not grant the credit nor the refund to the individual due to the $10 limit.

A: As always, late transfers are subject to penalty, but credit would still apply if within the 6-month timeframe.

A: The physical plates are needed for a refund. If plates are required to be surrendered and they have been lost or stolen, the owner must certify this in writing. Replacement plates do not need to be issued.

A: When ownership of a vehicle is transferred TO a trust created by the previous owner, credit is allowed. When ownership of a vehicle is transferred FROM a trust, credit is not allowed (a refund can still be approved). When ownership of a vehicle is transferred TO OR FROM a trust, registration fees are NOT grandfathered.

A: Trailer fees are considered current provided that the registration for the trailer was current when the dealer took it into inventory. If delinquent fees are assessed by ARTS incorrectly in this situation, fee adjustments are necessary (Nov 2012). This issue is being addressed in an upcoming revision to ARTS.

A: There is not a specified time, but a minimum of 60 days is recommended. Only the creator of a sticky note can delete it.

A: Yes, the delinquency needs to be paid. Iowa Admin Rule 761.400.22 waives the delinquency only when the abandoned vehicle is sold on a police authority’s bill of sale. The code specifically states that if it is transferred under any other operation of law transfer not mentioned in the rule, it is subject to the accrued fees and penalties.

A: Yes, that is correct. The penalty on the registration fee begins to accrue on the first day of the month following 30 days from the date a vehicle is moved into Iowa.

A: Electric vehicle fees aren’t applicable when a vehicle is registered as Business Trade. Business Trade vehicles are excluded from the fees because they are registered by tonnage (vs weight and list price) and don’t fall under the electric vehicle fee guidelines.

A: Under Iowa Administrative Code 761.400.15, we should cancel a title if the vehicle has been stolen. The decision to issue a new certificate of title or to replace is subject to the recommendation of a motor vehicle investigator.

A: Investigations into some out of state wholesalers, who are listed on title assignments, have revealed that some are shell or non-existent companies that are not licensed to conduct business. Suspicious “dealers” or wholesalers” that are listed as assignees on foreign titles should be reported to the Bureau of Investigation.

A: If the assignment of title was completed prior to the death of the seller, the title may be accepted for transfer. As in other questionable transfers not involving a death, if an assignment of title is questionable, additional documentation or proof can, and should, be required to establish the legality of the transfer. The type of documentation or proof will vary depending upon the individual circumstances. You may contact Vehicle Central Programs for guidance.

A: When there is known fraud, the investigator or the county staff should place an exception case on the VIN because the exception is more visible (red X). Make the exception #68 - Soft Stop - Gen Fraud Warning and write see sticky note. This is important in the contiguous county environment.

A: The County should use an official title cancellation form 411012 to cancel the title and eventually issue a corrected title.

A: The junkyard may demolish with just the police authority. The junkyard may also get a junking certificate with just the police authority.

A: ARTS can display a customer ownership history under Reports > Customer Reports > Customer Ownership History. This report does not automatically identify the type of title or any designations on the title, but it will provide an easier way to find all titles associated with a specific customer (in this case a dealer). We do not have a way for a dealer to use ARTS to self-identify how many salvage vehicles it has converted to prior salvage each year, as we assume that a dealer should be able to check its own records.

A: An individual may reconstruct a vehicle and it will need to be inspected prior to title and registration. If it is previously a junked vehicle then the investigator will assign a new VIN with the current year as the model year, “Reconstructed” as the make and with the model TBD (mostly based on the various parts used to reconstruct the vehicle). So in essence, the customer may rebuild the previously junked vehicle from parts but it cannot be titled as a 2009 Harley Davidson.

A: Such a title would be branded a “rebuilt MO” unless there is a more severe brand in Iowa. It would be branded as “prior salvage” only when a previous Iowa salvage title had been issued.

A: County treasurer staff do not need to routinely examine receipts to verify tax paid on parts. Officers conducting vehicle theft exams should have already reviewed this information. Vehicle Maintenance will already be pre-filled with the taxable value. However, if a taxable value as approved by the officer is questionable, then additional documentation may be required of the applicant.

A: Code/Rules do not specifically address this, so the recommended best practice would be to require only one signature if the ownership is “or” and both signatures if it is “and”.

A: The recycler can’t reassign to Pipers since they aren’t licensed for used trailers. He will have to take title, pay fees and then sign the new title over. A dealer that isn’t licensed for towable RVs can still handle up to six annually, but they are not allowed to transact as a towable RV dealer so they will have to take full title to the RV (not dealer title). Only a licensed towable RV dealer may reassign a towable RV title.

A: There are two situations where you can get a junking certificate without a title:

1. You can go straight from an Abandoned Vehicle sales receipt to a junking certificate.
2. The owner can bypass the junking certificate completely if the vehicle is (a) surrendered to a licensed recycler; (b) 12 model years old or older; AND (c) is acquired by the recycler for less than $1,000.

A: Neither statute nor rules address how long a junking certificate is to be retained. What I did find was a little clause in 321.90(3)(b) that requires a demolisher to keep accurate and complete records of all vehicles purchased or received. Those records are to contain the name and address of the person from whom the demolished vehicle was purchased or received and the date of purchase or receipt of the demolished vehicle. Those records shall be kept for at least one year.

A: That is correct – a dealer can put them on a dealer title and into inventory. The primary difference in having an R-license is that under Iowa Code 761.405, a Recycler or a New Motor Vehicle Dealer doesn’t have to take title to the Salvage Vehicle and may reassign the existing Iowa or out-of-state title. A Used Motor Vehicle Dealer cannot reassign the existing title but may take dealer title.

A: CA does carry a “salvaged” designation forward onto regular, or rebuilt, titles. The title may appear to be a salvage title, but it will state that it is a CERTIFICATE OF TITLE at the top with a “salvaged” designation in the corner. This is different than their actual salvage titles, which show SALVAGE CERTIFICATE at the top.

A: SD issues salvage titles which can be registered for use on roads in SD without any inspections for safety, repairs, or theft. While they may have been driving the salvage titled vehicle in SD, these incoming customers are to be treated as any other customers bringing a salvage title to Iowa. They need to get an Iowa salvage title or an Iowa rebuilt title when providing a salvage theft exam within 30 days of Iowa residency. Law enforcement is trained to work with these customers through their different circumstances.

A: A vehicle may be registered in Iowa by an out-of-state resident if the vehicle is mainly kept in Iowa and a primary user is provided with an Iowa address. Counties may enter a different mailing address in ARTS but should not adjust the primary residential address.

A: The owner may register a vehicle currently in storage by paying the current full annual fee.

A: The County should cancel the title and issue a corrected title.

A: If the dealer is the lien holder then it does not need to obtain title but can sell from the Affidavit of Repossession. The back fees are based on when the vehicle went delinquent.

A: Iowa Code 761.400.14(6) states the attorney may act for “owner(s) if the appointment is shown on a power of attorney form” (underlines added). Given this reference, the Secure POA Form 411101 may be used by two owners.

A: The spouse should complete the lease termination form.

A: If the trust is acting in a similar manner as a corporation, LLC or partnership or as an individual that files an IRS Schedule C or Schedule F form, then a business trust would qualify to register a vehicle as business trade.

A: Iowa dealers do not need to obtain an Iowa title unless there is no remaining space on the back of the title for transfers. We do consider it a best practice, but it is not required.

A: No. If a POA has an expiration date that is passed, then it should not be accepted. Iowa Form 411021 does not have an expiration date but other states' POA forms may have an expiration date.

A: If the title was electronically held by a lien holder, with the dealer paying the vehicle off the Secure POA would be acceptable.

A: Yes. In this case Terry Jones should sign twice because there are two separate ownership entities, Terry Jones Farm, the business, and Terry Jones, the person. One way to explain or justify is that Terry Jones Farm could have been signed by an employee or representative of the business. It is just a coincidence that Terry Jones signed it personally. Another way to justify the requirement is that if doesn’t have both signatures, then Terry Jones could place an ownership claim on the vehicle in the future on the basis that he never authorized the transfer.

A: Admin Rule 761.400.14 states that the power of attorney form or a certified true copy shall be kept by the county treasurer, so the POA form must either be an original or a certified copy. A certified copy does require notarization.

A: The Iowa Code reference for the 30-day permit is 321.109(3). While I can’t speak to the original intent of the legislature, there are a couple of likely scenarios for its use: One example of an unregistered vehicle might be a vehicle purchased out-of-state and brought into Iowa where the other state does not offer an in-transit product. A delinquent registration scenario might be for an owner to operate the vehicle and deliver it to a new buyer or owner who will then be responsible for all delinquent fees.

A: A sale and delivery of a vehicle may not be “backed out.” In such an instance, the person to whom a title has been assigned is required to transfer ownership and obtain a title in their name. If the seller has agreed to take the vehicle back, then the title can be assigned back over to the seller. The affidavit of correction form has been expanded to allow for corrections to titles in certain situations, such as if the wrong title has been assigned to a person or if an assignment of title has been made but the buyer never took delivery of the vehicle.

A: Iowa Administrative Code 761.400.14(6) indicates that counties may accept a “certified true copy” of a POA. This true copy would itself be certified by a notary. It is also worth noting that while this document originated in Colorado, that state’s law is like ours in that it requires a notary to confirm the original document and the copy are the same before certifying the copy. Therefore, even though the document attempts to self-authorize use of a photocopy, that usage is not actually allowed under either Colorado or Iowa law. We should not accept it for this transaction.

A: Since the ownership is joint (OR), then the executor for the deceased owner can sign the title over and sell the vehicle OR the living owner (the surviving spouse) can sign the title over and sell the vehicle. If the surviving spouse is to retain ownership of the vehicle, then they should sign the title over to himself/herself and obtain title in his/her name.

A: Tax questions are addressed by the Iowa Department of Revenue.

A: If the required information is unreadable, then it may be appropriate to return the document as unacceptable. County treasurer staff are encouraged to contact dealers if the documentation being submitted is sloppy or unreadable so that future transactions can be processed without delay.

A: No. However, the divorce decree suffices for an operation of law transfer. This is called a “Decree of Dissolution” in the County Manual.

A: The junkyard may demolish with just the police authority. The junkyard may also get a junking certificate with just the police authority.

A: Federal code 49 CFR 580 requires a secure POA for odometer disclosure. If Indiana BMV does not provide a secure POA form, then this transaction cannot be allowed. The Indiana dealer would have to take title to the vehicle before selling to the Iowa customer.

A: The SPOA can be accepted in this scenario. The SPOA can only be used when a title is missing or held by a lienholder. At the time the vehicle was traded to the dealership in this circumstance, the title was “held” electronically by the lender and was not available to the dealer thus making the use of the SPOA appropriate. When an SPOA is surrendered with a title that lists no lien, the Vehicle Transaction History report is a good way to verify that the vehicle was recently on an ELT title and that the lien was released after the vehicle was traded to the dealer.

A: Iowa law requires that, when a person dies, their property passes to the person to whom it is devised in the will or to the persons who succeed to the estate. Therefore, if a vehicle is owned by two owners and one is deceased, storage of the vehicle (like any other ARTS transaction) should only be allowed after the deceased owner’s name is removed via the appropriate testate/intestate transfer and provided the vehicle is currently registered.

A: No. The use of the form applies only when the estate has not been probated.

A: You could accept two POA’s or have one for each owner.

A: Generally speaking, they do not have to be from the same state. See the detailed responses to the use of separate reassignment forms in the May 2012 PowerPoint presentation.

A: A Secure Power of Attorney is only “secure” when it is on the original secure paper. This is confirmed in our Policy Memo 19-07 where in theory an electronic signature could be affixed to a SPOA, but it must remain on secure paper. A photocopy of an SPOA is not acceptable.

A: The customer should use a separate odometer disclosure statement and the actual mileage should be recorded if the new owner has authority to act as a transferor.

A: The spouse should complete the lease termination form.

A: Since the ownership is joint (OR), then the executor for the deceased owner can sign the title over and sell the vehicle OR the living owner (the surviving spouse) can sign the title over and sell the vehicle. If the surviving spouse is to retain ownership of the vehicle, then they should sign the title over to himself/herself and obtain title in his/her name.

A: Tax questions are addressed by the Iowa Department of Revenue.

A: ESTATE NOT IN PROBATE.
The person entitled to ownership of the vehicle, under the laws of descent and distributions, shall submit the form entitled "Affidavit of Death Intestate,” properly completed and apply for a certificate of title. The person entitled to ownership shall provide documentation, such as a copy of a death certificate, confirming the decedent’s death. Such documentation shall not be required if the ARTs customer record for the decedent lists a date of death. Title fees are waived and registration fees are grandfathered, if applicable, when ownership is transferred to the surviving spouse of a decedent. Decent distribution is as follows: Spouse  Children –Parents—Sibling – Grandparent -- Aunt/Uncle

A: Iowa law requires that, when a person dies, their property passes to the person to whom it is devised in the will or to the persons who succeed to the estate. Therefore, if a vehicle is owned by two owners and one is deceased, storage of the vehicle (like any other ARTS transaction) should only be allowed after the deceased owner’s name is removed via the appropriate testate/intestate transfer and provided the vehicle is currently registered.

A: No. The use of the form applies only when the estate has not been probated.

A: Problem #1: The vehicles must first be titled in the Trust before the Trustee can transact on them. The vehicle title supersedes the Assignment of Personal Property. If the Trustee happens to also be the executor, then she could sell them by serving as the signatory for the deceased and then take the proceeds and put them in the Trust. However, if she is not the executor, then the executor would first need to transfer the titles to the Trust.

Problem #2: As per Administrative Rule 761.400.12, all owners must sign the application for replacement title, even if they are connected by “or” for ownership so unfortunately both executors would need to sign.

A: Just because a person creates a trust doesn’t necessarily mean that all of their assets (including vehicles) are to be placed into the trust. If the title is still to the individual, then the vehicle ownership must follow that estate process. A Trustee might coincidentally be the Executor for the individual. In that case, the same person could transact as the Executor for the deceased individual and as Trustee for the trust.

A: Code 321.47(2) and Administrative Rule 761.400.14 indicate that affidavits of death testate or intestate are used when there is no administration of the estate, but they do not make this specific allowance for an estate where administration occurred but is now closed. If probate has been previously opened but is now closed, the inheritor will need to submit a bonded title application.

A: The intestate form could not be used because Iowa Code 633.219 does not provide any indication that a business or trust could be a successor of an intestate estate. The testate form could be used because the will could designate a business or trust as the inheritor.

A: If there is no court-appointed executor or administrator, then odometer disclosure must be by sworn statement which results in “not actual miles” regardless of the recipient. Federal and state law require a transferor to submit odometer disclosure to have actual miles. The Bureau of Investigation has confirmed that this is not an error in odometer disclosure that can be corrected; it is legally how it must be done since there is no transferor as required under federal and state law for odometer disclosure. If the surviving spouse or other inheritor is already on the title, then no transfer occurred, and the previous odometer reading is carried forward.

A: Yes. If the named inheritor is an owner applicant for the title and registration application, a second or third co-owner, or a primary operator, may also apply. The inheritor must be an owner, not a primary operator and all owners must sign the application for title and registration.

A: Both the testate and intestate forms are legal affidavits, meaning the applicant is certifying to his/her legal claim to the vehicle. The applicant is not required to provide proof of the claim. If the applicant does offer proof, the county can accept it and can scan it with the transaction. A county treasurer does have the right under 321.30 to refuse a transaction if there is indication of fraud. The treasurer may ask the Bureau of Investigation for support if needed. The county treasurer should require proof of the decedent’s death if that cannot be confirmed in ARTS. We would not fault a treasurer or staff for completing a transfer when the customer has provided legitimate legal documentation that later turned out to be based on a fraudulent claim. There are legal processes that can be used to investigate and, if needed, cancel a title and re-title it to the rightful owner(s).

A: No. The applicant does not need to have the decedent’s title, but if he/she does, it is best for the title to be surrendered to be destroyed by the county. If there is no probate, then there is no executor or administrator who could assign the title. When the county treasurer issues the new title to the inheritor, the old title is automatically canceled in ARTS regardless of whether it is physically returned.

A: No. Iowa Code 321.47(2) waives the fees for title and salvage title and carries forward registration credit, but it does not waive the $10 security interest fee.

A: Yes. Federal and state law allow that odometer disclosure only needs to be made by one transferor even if there are multiple owners on the title.

A: If the decedent was the ONLY owner, a lien is on the decedent’s title and an inheritor applies for title, then you need to see evidence from the lienholder that it has agreed to the lien with the new owner. If there is an existing owner that is staying on the title, then you can drop the deceased owner as you would for a voluntary change in ownership.

A: We do not have any process to document the reasons for not actual miles on the title.

A: The process depends on the structure of the business. If the business was a sole proprietorship, then there is legally no difference between the assets of the business and the assets of the individual. Therefore, the executor or administrator may act for the decedent, or the inheritor may inherit the vehicle regardless of whether the title is to the individual or the business. If the business was a corporation that owned a vehicle, and the corporation no longer exists then this is not a decedent transfer. It Is instead an operation of law transfer from an entity due to bankruptcy, insolvency, etc. The applicant should provide legal documentation of how the corporate assets are to be dissolved as proof of ownership.

A: If this is testate and the will specifies that the vehicle is also to be transferred, then yes. However, if the testate or intestate claim only applies to the property, then it does not include the vehicle because ownership of a vehicle is established by a title that is independent of the property title or deed. In this case, if there is no provision for inheritance of the vehicle, the vehicle ownership is determined by the abandoned vehicle process. See a brochure on this topic at: https://iowadot.gov/mvd/vehicleregistration/MM1273.pdf.

A: VMCS maintains a list of orders and we can add individual requests. There are six plates being tracked that have not achieved the threshold. The Legislature would need to adjust the requirement.

A:

1. If a customer refuses delivery of a specialty plate due to dissatisfaction (or whatever reason) then he/she is eligible for a refund.
2. If a customer has already taken delivery of a specialty plate and now wants a different plate, then he/she must pay the full fee for the new plate (regardless of how long they have had the plate) with the exception of the $5 option to switch between DNR plates.
3. If a customer refuses delivery of a specialty plate and instead wants to order a Blackout plate (or any other plate), we will issue a refund for the first plate, but the customer should start a new transaction for the new plate. This will ensure proper accounting of all funds since certain plates direct funds to specific places.

A: Iowa Code 321.115 is specific that the year of the plate must match the model year of the vehicle.

A: Rhonda Fowler, Motor Vehicle Division, (Rhonda.Fowler@iowadot.us) is always willing to take in reports of plates that are deteriorating ahead of the replacement cycle, especially if there are clear patterns that would point to systemic defects.

A: Department of Revenue was clear (and we agree) that this is a transfer between two entities, even if the names and the FEIN/SSN are the same. The reason the customer has a trust is to create the separation of assets, probably for tax and liability purposes, so the customer will have to understand that the separation has to apply to all parts of the transaction. Again, if this is a personalized plate then the plate transfer is not an issue if the individual owner is signing it over to the trust and the trust pays for the plates, but there can be no credit given.

A: If your local police wants to prosecute, it would do so under Iowa Code 321.100:

It is a fraudulent practice for any person to commit any of the following acts:

1. To alter with a fraudulent intent any certificate of title, manufacturer’s or importer’s certificate, registration card, registration plate, manufacturer’s vehicle identification plate, or permit issued by the department or county treasurer.

I would recommend that they consult with the city or county attorney, however, because they would likely need to prove “fraudulent intent.” Since the alteration does not obscure the state, county or plate text, it may be hard to prove fraudulent intent.

Alternatively, local police could warn the individual about Iowa Code 321.100 and then remind them that they can replace a damaged plate for $5.

A: Iowa Code 321.34.1 and Iowa Admin Rule 761.400.61 clearly allow for the transfer of plates from one vehicle to another assuming the same ownership, that the transfer happens within 30 days and with appropriate payment of fees.

A: The customer is receiving a new plate and must pay all fees associated with the new plate.

A: The fee to switch from one DNR plate to another DNR plate is $5 plus any associated personalization fees if the message changes.

A: The customer is receiving a new plate and must pay all fees associated with the new plate.

A: Recommend to the customer that they retain the personalized/specialty plates on the current vehicle until they acquire another vehicle. When the acquired vehicle has county, standard plates assigned to it, then the personalized/specialty plate can be "swapped" between the owned vehicles.

A: Customers aren’t required to return plates that are being replacement due to the replacement cycle, but if they do return them, the plates should be marked as returned.

A: No. Iowa Code 321.46(3) provides the law regarding credits and subsection (c) states that any credit of less than $10 shall be disallowed. Iowa Admin Rule 761.400.60(2) does allow credit to be transferred to a spouse, parent or child. However, since the Admin Rule does not mention anything about waiving the $10 disallowance, and since 321.46 does not make any exceptions, a credit of under $10 does NOT transfer to a spouse, parent or child. This is consistent with our other processes because we would not grant the credit nor the refund to the individual due to the $10 limit.

A: Iowa Department of Public Health maintains a database of individuals with EMS certification. However, a certification does not automatically mean the individual is employed by or is a member of an actual EMS agency. The Admin Rule also states that an individual who is no longer employed or a member of a qualifying agency is supposed to turn in the plates within 30 days.

A: According to the Iowa DOT Records Management Manual, the official medium for these records is electronic, so the county is under no obligation to retain the paper file once it has been transmitted electronically to Iowa DOT. That being said, I would ask that you retain them for up to 60 days in case we have a question about a transaction where the paper copy might be useful (such as a handwriting issue or if the file gets cut off on the scan).

A: For the renewals you don’t see you can go to this report in ARTS to reconcile. Management Reports->WRR Errors. You should be able to account for every plate that way .

A: A vehicle may be registered in Iowa by an out-of-state resident if the vehicle is mainly kept in Iowa and a primary user is provided with an Iowa address. Counties may enter a different mailing address in ARTS but should not adjust the primary residential address.

A: Section 7 of the County Manual states that an armed forces member that resides in Iowa must pay the same registration fees as other residents. The only “exemption” is a waiver from registration penalties if the individual is on active duty. If the individual is claiming that he/she is registered in a different state where he/she is stationed, then you could ask for proof of that registration.

A: Vehicles, other than mobile homes, that are owned by a company may be registered either in the county where the company is located or in the county where the primary User of the vehicle is located.

A: The law states that “the owner of a vehicle upon which the registration fee is not delinquent may surrender all registration plates for the vehicle to the county treasurer where the vehicle is registered and shall have the right to register the vehicle later upon payment of the annual registration fee due at the time of removal of the vehicle from storage. Payment of a registration fee shall not be required when the vehicle is removed from storage within the current registration year provided that registration fees have not been refunded.”

A: Iowa Department of Public Health maintains a database of individuals with EMS certification. However, a certification does not automatically mean the individual is employed by or is a member of an actual EMS agency. The Admin Rule also states that an individual who is no longer employed or a member of a qualifying agency is supposed to turn in the plates within 30 days.

A: County Manual says, “Once an in-transit title is issued, if the vehicle is not titled outside of Iowa, a new title must be issued and tax, registration and penalties (if applicable) must be paid.” The applicant can go from an in-transit to an Iowa title, they just can’t revert it back to an MCO and they would be responsible for penalties back to the original date of purchase.

A: No. However, the divorce decree suffices for an operation of law transfer. This is called a “Decree of Dissolution” in the County Manual.

A: Yes, this is allowed although it is preferred to have been signed by the seller.

A: The owner may register a vehicle currently in storage by paying the current full annual fee.

A: The customer will need to present the SR-22 form to Driver & Identification Services. Only DIS may clear the SR violation.

A: The County should cancel the title and issue a corrected title.

A: If a dealer is making the sale, the dealer must produce the registration or MCO. Admin Code specifically allows for private transfer of a small trailer using just a bill of sale.

A: The low-speed designation is noted as Characteristic under Vehicle Maintenance and should also be noted on the registration receipt / card. This should mean that the customer has full knowledge of the category and should provide a way for law enforcement to look it up.

A: If the dealer is the lien holder then it does not need to obtain title but can sell from the Affidavit of Repossession. The back fees are based on when the vehicle went delinquent.

A: No. There is no exception in the 30-day title application deadline if the manufacturer or transferrer withholds the title from the buyer. Iowa Code requires the dealer to possess the title and produce the title to the buyer.

A: The customer should use a separate odometer disclosure statement and the actual mileage should be recorded if possible.

A: The owner of a specially constructed vehicle (kit), reconstructed vehicle, street rod, or replica vehicle shall apply for a certificate of title and registration for the vehicle at the county treasurer’s office within thirty days of the inspection. Penalty applies when more than thirty days from the date of inspection have gone by. Only trailers subject to titling (over 2,000lbs empty weight) need to be inspected.

A: Check Vehicle Transaction History to see if the replacement titles were issued.

A: The dealer should supply whatever documentation is available or may take a photo of identifying marks. If the vehicle still cannot be positively identified, it should be submitted for inspection.

A: The spouse should complete the lease termination form.

A: Yes, a vehicle may be registered in Iowa by an out-of-state resident if the vehicle is mainly kept in Iowa and the Iowa business may be listed as the primary user.

A: The Federal General Services Agency at https://gsaauctions.gov/html/Terms_print.htm states that the SF 97-1 is not a title, but it is only used as the document for the holder to obtain title from the appropriate state. Therefore, the holder cannot transfer the vehicle using just the SF 97-1. The holder should first obtain title.

A: If this is a motor vehicle, the customer should have the vehicle inspected to see if a title may be issued or if a bonded title is needed. If this is a trailer, then the county may register this as a specially constructed vehicle.

A: Iowa dealers do not need to obtain an Iowa title unless there is no remaining space on the back of the title for transfers. We do consider it a best practice, but it is not required.

A: A customer does not need to have an Iowa DL to register a vehicle, nor does a customer need to be a resident of Iowa if the vehicle is primarily kept in Iowa.

A: Yes. Iowa law allows an applicant to use either the Social Security number, Iowa DL or Iowa ID on the title and registration application.

A: If the title was electronically held by a lien holder, with the dealer paying the vehicle off the Secure POA would be acceptable.

A: If you have received verification from Utah DMV regarding the application of their laws, then we should accept it. Please document the phone and e-mail exchange with Utah to attach to the transaction.

A: Yes. In this case Terry Jones should sign twice because there are two separate ownership entities, Terry Jones Farm, the business, and Terry Jones, the person. One way to explain or justify is that Terry Jones Farm could have been signed by an employee or representative of the business. It is just a coincidence that Terry Jones signed it personally. Another way to justify the requirement is that if doesn’t have both signatures, then Terry Jones could place an ownership claim on the vehicle in the future on the basis that he never authorized the transfer.

A: No, because the mother's name was on the title assignment. The dealer could take back the vehicle and re-sell it to only the daughter. The dealer could use an affidavit of correction (customer did not accept delivery) to then assign the title instead to the daughter and only the daughter.

A: Section 7 of the County Manual states that an armed forces member that resides in Iowa must pay the same registration fees as other residents. The only “exemption” is a waiver from registration penalties if the individual is on active duty. If the individual is claiming that he/she is registered in a different state where he/she is stationed, then you could ask for proof of that registration.

A: There is nothing in law or admin rule that would prohibit the issuance of a 30-day permit in the circumstances you describe. However, the law makes clear – and we should make it clear to the customer – that the issuance of a 30-day permit does not exempt the customer from any penalties that might accrue past the 30-day move-in date. If the customer moved the vehicle into Iowa on February 1 with an Illinois 7-day permit, and then received an Iowa 30-day permit on February 8, the deadline to title and register without late fees is still going to be March 2 and not March 9.

A: Iowa Code 321.34.1 and Iowa Admin Rule 761.400.61 clearly allow for the transfer of plates from one vehicle to another assuming the same ownership, that the transfer happens within 30 days and with appropriate payment of fees.

A: The Iowa Code reference for the 30-day permit is 321.109(3). While I can’t speak to the original intent of the legislature, there are a couple of likely scenarios for its use:

One example of an unregistered vehicle might be a vehicle purchased out-of-state and brought into Iowa where the other state does not offer an in-transit product.

A delinquent registration scenario might be for an owner to operate the vehicle and deliver it to a new buyer or owner who will then be responsible for all delinquent fees.

A: There were no changes in this law that affected the supporting documents that must be surrendered for issuance of a junking certificate. In the described situation, a title or junking certificate would still need to be surrendered for issuance of another junking certificate. The law only changed when a junking certificate was required to be issued.

A: Such a title would be branded a “rebuilt MO” unless there is a more severe brand in Iowa. It would be branded as “prior salvage” only when a previous Iowa salvage title had been issued.

A: A sale and delivery of a vehicle may not be “backed out.” In such an instance, the person to whom a title has been assigned is required to transfer ownership and obtain a title in their name. If the seller has agreed to take the vehicle back, then the title can be assigned back over to the seller. The affidavit of correction form has been expanded to allow for corrections to titles in certain situations, such as if the wrong title has been assigned to a person or if an assignment of title has been made but the buyer never took delivery of the vehicle.

A: DE136 “Vehicle weight and list price is not current. An additional charge has been added to the annual fee” will fire when the weight or list price has not been certified by the manufacturer and the “certified” check box in Vehicle Maintenance is not checked. This most commonly occurs when the “Search Similar” functionality is used to obtain the previous model year’s fee. When “Search Similar” is used, the fee for the vehicle being registered is uncertified because the weight or list used was not provided by the manufacturer. ARTS will add $10 to the annual fee that is calculated. When the certified weight and/or list price later becomes available, a batch file will update any vehicle already titled in ARTS, check the “certified” box, and calculate the registration fee based on the now certified weight and list price. The dealer fee calculators will indicate the same fee (with the $10 added) for an uncertified vehicle that has been previously titled in ARTS. The same fee calculators will warn a dealer that “estimated fees may be incorrect, missing weight or list price” whenever an untitled vehicle’s weight and/or list price is not yet available. In such a case, the dealer may contact OVMCS to obtain the weight and list price so that fees may be properly calculated.

A: They should be issued by the county where the original registration was issued.

A: Investigations into some out of state wholesalers, who are listed on title assignments, have revealed that some are shell or non-existent companies that are not licensed to conduct business. Suspicious “dealers” or wholesalers” that are listed as assignees on foreign titles should be reported to the Bureau of Investigation.

A: EPA form 3520-1 and U.S. DOT form HS-7 were required in the past to establish that a vehicle was built to comply with federal motor vehicle safety standards (FMVSS). A legible photo of the federal label affixed to the vehicle that indicates the vehicle was built to, or modified to comply with, FMVSS is enough for titling purposes.

A: This procedure is covered in the county treasurer manual in Section 17 of the County Treasurer's Manual.

A: This would not be considered an abandoned vehicle if the buyer never took delivery. The auto auction should submit an Affidavit of Correction (Form 411219) if the buyer refused delivery. However, if they did turn the vehicle over to a tow company as an abandoned vehicle, the tow company would not be able to take title of the vehicle after going through the abandoned vehicle process, as the process ends (if owner does not claim the vehicle) with the tow company disposing of the vehicle through a public auction or directly to a demolisher. Statute: 761.400.3, 761.480 Admin Code: 761.400.3, 761.480

A: Iowa Code 321.45 requires the seller to sign the title. The Iowa title assignment itself indicates that the seller certifies that the vehicle was transferred to a specific buyer. Therefore, the seller should only sign the title after the assignment is completed. If no odometer certification is provided, then the buyer does not need to sign in the section “I am aware of the above odometer certification …” If any odometer certification is provided – including if the buyer writes in the assignment area that odometer is not required, or if odometer is not required but the seller enter the information anyway – then the buyer should sign. This serves as a good resource to research odometer fraud even for vehicles where the mileage isn’t required.

A: Iowa law says they only must have to provide their SSN, IA DL# or IA ID#. Requiring two forms of ID isn’t a requirement to title and register.

A: Yes, if both locations have a physical (legal term is "bona fida") address in Iowa there is no issue. Some large corporations, for example, may register all corporate vehicles to a single physical address even though the vehicles may be permanently deployed to locations throughout the state. Others may choose to register them to individual physical offices in multiple counties. However, if the company has an in-state physical address and an out-of-state corporate address, then they must use the in-state address to establish the managing county.

A: No. Provided that the customer/owner is an individual, they would apply for title in the county where they reside.

A: If there is an error on the assignment or reassignment, an Affidavit of Correction, form 411219, may only be used for reasons stated on the completed form. The affidavit must contain the signatures of all parties to the original error, erasure or alteration.

A: Use the SI Application transaction in ARTS to record the lien. This will ensure that the lien is perfected when the supporting documents are later surrendered.

A: : It depends on the size of the trailer. Auction-only restricted dealers are required to have titles assigned to the dealer for vehicles offered for sale at their auctions. However, small trailers under 2,000 lbs. are not required to be titled in Iowa. If the auction is selling a small trailer that is currently titled, the auction should take title and then reassign it, or turn the title in to the county to eliminate any duplication of ownership documents. If the auction chooses not to reassign the title, a bill of sale shall be sufficient to show ownership transfer. The auction-only dealer shall have titles duly assigned to the dealer for trailers heavier than 2,000 lbs.

A: The affidavit must contain the signatures of all parties to the original error, erasure or alteration.

A: The affidavit must contain the signatures of all parties to the original error, erasure or alteration.

A: The unladen weight for the Special Farm Truck is solely based on the MCO.

A: No, not for regular trailers. Assignments for travel trailers should be captured like any other dealer assignment.

A: No. The law requires that the face of the title contain the name of the previous owner. In this circumstance, the previous owner is the dealer from the previous assignment.

A: The separate odometer statement is acceptable only if the vehicle being transferred is from an MCO, foreign title that does not have “conforming” odometer statements on the title, for Operation of Law transfers, or for “self-certification” odometer statements. So, the documents would have to go back if the foreign title has “conforming” odometer statements on the title.

A: Vehicles, other than mobile homes, that are owned by a company may be registered either in the county where the company is located or in the county where the primary User of the vehicle is located.

A: Generally speaking, a person who has resided in the state for more than 30 consecutive days or has accepted employment in the state is presumed to be a resident and, as such, must register their vehicle in their county of residence. However, there is a registration exception for persons whose employment is seasonal or temporary, not to exceed 90 days. If such a person meets the exception, then they can legally operate their vehicle in Iowa on a valid foreign registration. If they do not meet the exception, then they must register in Iowa. If the person registers the vehicle in Iowa, they must do so in the county where they reside (whether permanent or temporary) and disclose their bona fide residence in Iowa at the time they apply for registration. If this happens to be a motel or RV park, then the address of the motel or RV park is acceptable to use in the application for title and/or registration. The use of the motel or RV park address by the registrant, provided they resided there at the time of application, is not the decision of the property owner.

A: Since the ownership is joint (OR), then the executor for the deceased owner can sign the title over and sell the vehicle OR the living owner (the surviving spouse) can sign the title over and sell the vehicle. If the surviving spouse is to retain ownership of the vehicle, then they should sign the title over to himself/herself and obtain title in his/her name.

A: Tax questions are addressed by the Iowa Department of Revenue.

A: A person owning special mobile equipment may use a transport vehicle registered for the gross weight of the transport without a load.

A: Registration of the vehicle in Iowa is enough to satisfy statutory requirements until the lien is paid off. It is not until the customer pays off the lien, that the title should be surrendered by the owner for issuance of an Iowa title. The foreign title is not required to be surrendered for issuance of an Iowa title if the vehicle was traded to an Iowa dealer and the dealer sent the payoff to the out of state lienholder.

A: If the required information is unreadable, then it may be appropriate to return the document as unacceptable. County treasurer staff are encouraged to contact dealers if the documentation being submitted is sloppy or unreadable so that future transactions can be processed without delay.

A: As always, late transfers are subject to penalty, but credit would still apply if within the 6-month timeframe.

A: ESTATE NOT IN PROBATE.
The person entitled to ownership of the vehicle, under the laws of descent and distributions, shall submit the form entitled "Affidavit of Death Intestate,” properly completed and apply for a certificate of title. The person entitled to ownership shall provide documentation, such as a copy of a death certificate, confirming the decedent’s death. Such documentation shall not be required if the ARTs customer record for the decedent lists a date of death. Title fees are waived, and registration fees are grandfathered, if applicable, when ownership is transferred to the surviving spouse of a decedent.

A: The County should cancel the title and issue a corrected title.

A: Check Vehicle Transaction History to see if the replacement titles were issued.

A: The County should use an official title cancellation form 411012 to cancel the title and eventually issue a corrected title.

A: Iowa law does not allow for issuance of a “title only” (except for In Transit, dealer, salvage, etc). Vehicles that qualify as “special mobile equipment” (SME) are exempt from registration. However, if a vehicle that is SME also meets vehicle safety standards, the owner can elect to have that vehicle titled and registered so that an ownership document is available for transfer purposes. The vehicle can be “stored” and not registered, yet may still be legally operated, as SME, while stored. The NMVTIS record (the title record) for the SME will only be removed from the last state of title when a different state issues a title for the vehicle.

A: Follow the regulations required by the state of title.

A: As this question relates to tax policy, this should be addressed by the Department of Revenue.

A: Both answers are correct depending upon the circumstances. If, for example, the vehicle is to be re-registered to the same owner represented on the existing title (the one that is not in ARTS) or that owner simply needs a replacement title, then the title should be recreated by the county (or the state in the case of “official” titles) that issued the original title. However, if a title (official or county) is being submitted to transfer ownership, there is no need to recreate the title that is being surrendered for the transfer. Instead, the User should simply perform the T&R transaction and, when adding the vehicle to ARTS, select “Iowa title” from the “Ownership document” drop-down list in Vehicle Maintenance and enter the old Iowa title number in the “Credential #” field.

A: Dropping or adding a name requires an assignment of title and a new application for title be submitted. This can only be accomplished using a paper title. If a name needs to be added or dropped from a title that is electronic, but has no lien, the owner(s) can simply request a paper title and one can be printed using the Convert Title transaction in ARTS. Then the assignment of title and new application can be submitted. If a name needs to be added or dropped from an electronic title on which there is an unreleased lien, the owner(s) will need to contact their lender. If approved, the lienholder can submit an electronic request to print a paper title. This electronic request will appear in the Electronic Title Queue. The county User will process this request, print the paper title and mail to the address designated by the lienholder (normally the lienholder’s address). The owner(s) may need to meet with the lienholder so that the appropriate assignment of title can be made. The lienholder can then mail/deliver the properly assigned title to the county treasurer so that the transfer may be completed. Since the lien is not released, a new electronic title will be generated.

A: Yes. The application for title may still be accepted providing it lists the FEIN of the lienholder. The disclosure of the ELT Identifier on the application for title is encouraged as it helps to ensure that the correct ARTS customer record is used in the transaction which, in turn, makes certain that an ELT lender’s lien is perfected electronically.

A: Department of Revenue was clear (and we agree) that this is a transfer between two entities, even if the names and the FEIN/SSN are the same. The reason the customer has a trust is to create the separation of assets, probably for tax and liability purposes, so the customer will have to understand that the separation must apply to all parts of the transaction. Again, if this is a personalized plate then the plate transfer is not an issue if the individual owner is signing it over to the trust and the trust pays for the plates, but there can be no credit given.

A: Perform a Corrected title and Update Registration transaction to add the owner that was inadvertently left off.

A: A title fee is not required to be paid if this is the first paper title issued to the owner. If the transaction is over the counter, the applicant should be required to complete and sign a title application before the paper title is handed over. This will assure that the title is only given to the owner. A title application is not necessary if the paper title is to be mailed to the owner’s address.

A: Iowa law requires that, when a person dies, their property passes to the person to whom it is devised in the will or to the persons who succeed to the estate. Therefore, if a vehicle is owned by two owners and one is deceased, storage of the vehicle (like any other ARTS transaction) should only be allowed after the deceased owner’s name is removed via the appropriate testate/intestate transfer and provided the vehicle is currently registered.

A: If the assignment of title was completed prior to the death of the seller, the title may be accepted for transfer. As in other questionable transfers not involving a death, if an assignment of title is questionable, additional documentation or proof can, and should, be required to establish the legality of the transfer. The type of documentation or proof will vary depending upon the individual circumstances. You may contact Vehicle Central Programs for guidance.

A: There are two situations where you can get a junking certificate without a title:

1. You can go straight from an Abandoned Vehicle sales receipt to a junking certificate.
2. The owner can bypass the junking certificate completely if the vehicle is (a) surrendered to a licensed recycler; (b) 12 model years old or older; AND (c) is acquired by the recycler for less than $1,000.

A: Vehicle Services maintains a list of licensed dealers with the final-stage manufacturer addendum at https://iowadot.gov/mvd/buyingselling/FinalStageManufacturer.pdf. The dealer needs to show the incomplete MCO and the final MCO to show that they took it from incomplete to complete. If an FSM dealer is not properly franchised, they do not have the authority to sell a new vehicle directly from an MCO for an already-completed vehicle.

A: If a title needs to be re-created so that it may be registered to the current owner, the title must be recreated and should only be recreated by the county that issued the original title. If a title transfer is being performed and the vehicle isn’t in ARTS, it is acceptable to recreate it and then perform the transfer OR simply add the vehicle and perform the transfer (T&R). In the “ownership document” field in Vehicle Maintenance, record “Iowa title” and list the title number in the “Credential #” field.

A: Trailer fees are considered current provided that the registration for the trailer was current when the dealer took it into inventory. If delinquent fees are assessed by ARTS incorrectly in this situation, fee adjustments are necessary (Nov 2012). This issue is being addressed in an upcoming revision to ARTS.

A: Under Iowa Administrative Code 761.400.15, we should cancel a title if the vehicle has been stolen. The decision to issue a new certificate of title or to replace is subject to the recommendation of a motor vehicle investigator.

A: No, but penalties would be applicable if the owner exceeds 30 days in applying for title. However, if the title is not obtained during the first year of the bond issuance a bond rider to extend the bond would be required before titling.

A: Use the date of approval as received from Vehicle Services.

A: A “no print” corrected title transaction is performed in the county where the title was originally issued. Following are examples of where this transaction should be used:

• To “lock in” a change to a vehicle weight or list price which affects registration fees assessed
• To change a lessee or primary operator
• To correct some merge customer issues (Example – title shows John Doe Smith, but he was merged into Mary Doe Smith).

A: Yes, that is correct. The penalty on the registration fee begins to accrue on the first day of the month following 30 days from the date a vehicle is moved into Iowa.

A: If the person maintains dual residency and the Iowa address provided is valid, the person would be able to continue to register in Iowa but will likely be required to register in Nebraska as well. If registration in Iowa continues, check with the customer to determine if it is appropriate to record the Nebraska address as the mailing address.

A: Generally speaking, they do not have to be from the same state. See the detailed responses to the use of separate reassignment forms in the May 2012 PowerPoint presentation.

A: If a name needs to be added or dropped from an electronic title on which there is an unreleased lien, the owner(s) will need to contact their lender. If approved, the lienholder can submit an electronic request to print a paper title. This electronic request will appear in the Electronic Title Queue. The county User will process this request, print the paper title and mail to the address designated by the lienholder (normally the lienholder’s address). The owner(s) may need to meet with the lienholder so that the appropriate assignment of title can be made. The lienholder can then mail/deliver the properly assigned title to the county treasurer so that the transfer may be completed. Since the lien is not released, a new electronic title will be generated.

A: The physical plates are needed for a refund. If plates are required to be surrendered and they have been lost or stolen, the owner must certify this in writing. Replacement plates do not need to be issued.

A: When there is known fraud, the investigator or the county staff should place an exception case on the VIN because the exception is more visible (red X). Make the exception #68 - Soft Stop - Gen Fraud Warning and write see sticky note. This is important in the contiguous county environment.

A: The county has discretion to approve or deny this transaction, based on the materials you are presented. First, confirm that the ownership chain is clear and complete. Second, read the forms(title and any reassignment forms) to understand the intended usage and authorizations by the other jurisdictions. If the ownership chain looks correct from New York to Michigan and then to Iowa and there are no indicators that New York doesn't allow another state to reassign their forms, the county may accept the transaction.

A: Processing dealer titles this way causes a discretionary edit (DE) to fire on the next title transfer. ARTS is flagging these transactions because the customer record being used doesn’t have a Dealer number (ARTS is only seeing the FEIN). The correct process is to use the dealer number when issuing titles, so the transaction/transfer processes smoothly and appropriately through the system.

A: CA does carry a “salvaged” designation forward onto regular, or rebuilt, titles. The title may appear to be a salvage title, but it will state that it is a CERTIFICATE OF TITLE at the top with a “salvaged” designation in the corner. This is different than their actual salvage titles, which show SALVAGE CERTIFICATE at the top.

A: SD issues salvage titles which can be registered for use on roads in SD without any inspections for safety, repairs, or theft. While they may have been driving the salvage titled vehicle in SD, these incoming customers are to be treated as any other customers bringing a salvage title to Iowa. They need to get an Iowa salvage title or an Iowa rebuilt title when providing a salvage theft exam within 30 days of Iowa residency. Law enforcement is trained to work with these customers through their different circumstances.

A: If this is a motor vehicle, the customer should have the vehicle inspected to see if a title may be issued or if a bonded title is needed. If this is a trailer, then the county may register this as a specially constructed vehicle.

A: If it is a gooseneck it should be registered as a semitrailer. Part of the load is carried by another vehicle and it allows for carrying persons or property. “Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

A: They should be issued by the county where the original registration was issued.

A: It depends on the size of the trailer. Auction-only restricted dealers are required to have titles assigned to the dealer for vehicles offered for sale at their auctions. However, small trailers under 2,000 lbs. are not required to be titled in Iowa. If the auction is selling a small trailer that is currently titled, the auction should take title and then reassign it, or turn the title in to the county to eliminate any duplication of ownership documents. If the auction chooses not to reassign the title, a bill of sale shall be sufficient to show ownership transfer. The auction-only dealer shall have titles duly assigned to the dealer for trailers heavier than 2,000 lbs.

A: No, not for regular trailers. Assignments for travel trailers should be captured like any other dealer assignment.

A: If a dealer is making the sale, the dealer must produce the registration or MCO. Admin Code specifically allows for private transfer of a small trailer using just a bill of sale.

A: No. A non-licensed trailer dealer may choose to get county title and registration, instead of signing over the MCO or previous title to the next purchasing customer. In accordance with DOR and DOT regulations, the trailer dealer must then pay title, annual registration fee and fee for new registration.

A: If a dealership doesn't mark the business trade but customer returns, a refund can be provided for a change to business trade within three months of registration. The correction is made to the registration before submitting the refund request. If a customer registers with regular usage but then wants to change to business trade, a refund is not allowed.

A: Since the mixers are permanently mounted on the vehicle, they should be counted towards the empty weight. If the mixers are not permanently mounted, then the weight would not be counted.

A: : It doesn’t happen often, but sometimes there is a big difference in weight. Small differences between the certified weight/list as certified by the manufacturer and that listed on an MCO for a vehicle can be expected. However, if there are significant differences, please contact OVMCS and report your observations so that any needed corrections can be made.

A: A person owning special mobile equipment may use a transport vehicle registered for the gross weight of the transport without a load.

A: The unladen weight for the Special Farm Truck is solely based on the MCO.

A: The bill was written with the 39 tons as a hard cap. The bill removed special trucks from those trucks eligible for the 25% excess weight and specifically states that special trucks are limited to 39 tons.

A: If the trust is acting in a similar manner as a corporation, LLC or partnership or as an individual that files an IRS Schedule C or Schedule F form, then a business trust would qualify to register a vehicle as business trade.

A: If the trust is acting in a similar manner as a corporation, LLC or partnership or as an individual that files an IRS Schedule C or Schedule F form, then a business trust would qualify to register a vehicle as business trade.

A: Follow the regulations required by the state of title.

A: The spouse should complete the lease termination form.

A: The only required document is the Sheriff’s bill of sale. However, since 321.47 also allows for “satisfactory proof,” I think it would be reasonable to ask the Sheriff to also provide the writ of execution so that it is fully clear that the bill of sale was generated specifically through the execution sale and not through some other means. If the bill of sale itself refers to the execution sale or the writ of execution, then I think that would be acceptable as well. By asking for this differentiation, we can make certain that the vehicle was not sold by the Sheriff for some other purpose.

A: If this is a motor vehicle, the customer should have the vehicle inspected to see if a title may be issued or if a bonded title is needed. If this is a trailer, then the county may register this as a specially constructed vehicle.

A: The Iowa dealer license authorized in Iowa Code 322 is for motor vehicles of any type. While there are certain provisions in law that specifically pertain to motorcycle sales and motorcycle franchises, if a dealer has a valid new or used motor vehicle dealer license then it may sell any used motor vehicle that is subject to title and registration.

A: Look in Reports>Vehicle Reports>Vehicle Transaction History and mail the title to the address shown in the “Mail Title Address” field. An enhancement will be made to ARTS to automatically print the 8 ½ x 11 mailing address sheet that prints in other transactions.

A: The dealer should supply whatever documentation is available or may take a photo of identifying marks. If the vehicle still cannot be positively identified, it should be submitted for inspection.

A: This would not be considered an abandoned vehicle if the buyer never took delivery. The auto auction should submit an Affidavit of Correction (Form 411219) if the buyer refused delivery. However, if they did turn the vehicle over to a tow company as an abandoned vehicle, the tow company would not be able to take title of the vehicle after going through the abandoned vehicle process, as the process ends (if owner does not claim the vehicle) with the tow company disposing of the vehicle through a public auction or directly to a demolisher.

A: Iowa Code 321.34.1 and Iowa Admin Rule 761.400.61 clearly allow for the transfer of plates from one vehicle to another assuming the same ownership, that the transfer happens within 30 days and with appropriate payment of fees. We are certainly programming for the status quo in ERT.

I can understand that law enforcement might have an issue because the plate is still assigned to a different car in ARTS and then presumably in the law enforcement systems, but this has been standard practice for a long time. The alternative is that the purchased vehicle would be driven with no plates until the customer completes the registration.

A: Not all golf carts are built as low-speed vehicles that pass Federal Motor Vehicle Safety Standards (FMVSS). Any low-speed vehicle that meets FMVSS standard must be titled and registered (including the EV/PHEV fee) but they can operate at all hours on a larger network of streets than golf carts. If a golf cart does not meet the FMVSS low-speed vehicle standards, then it is not titled or registered but it is restricted to far fewer roadways on which to operate, as well as being limited to daytime operations.

A: No. The use of the form applies only when the estate has not been probated.

A: You can provide a blank form to a non-owner, but personal information (name, address, SSN, DL#) should not be released. There is problem in providing vehicle related information such as a title number or VIN, if these are not known to the owner’s representative.

A: Effective January 1, 2021, the National Highway Traffic Safety Administration (NHTSA) has put into place new requirements for odometer disclosure when a vehicle is transferred. The new federal requirements are for odometer disclosure for any vehicle that is less than 20 model years old, beginning with vehicles from the 2011 model year.

A model year formula for damage disclosure statements shall be the current year minus eight. The resulting number represents the first model year for which a motor vehicle is exempt from the damage disclosure statement requirements incident to a transfer. The result would be 2019-8=2011 which is the latest model year to be exempt from the damage disclosure statement.

A: Iowa DOT does not provide this type of record to external firms as it is protected under DPPA. They are typically harvested from information provided elsewhere in the transaction such as dealers, financial institutions, warranty registrations, credit checks, third-party providers (such as rust proofing), etc. Many of the mailings will use a misleading term like “DMV Number” which in our state we can instantly identify as being inaccurate because (a) we are MVD, not DMV; and (b) the numbers do not correspond to anything in ARTS. Phone numbers are not part of the vehicle transaction, so if a customer is complaining that their phone number is being used for marketing then clearly this did not come from Iowa DOT.

A: Release of a VIN requires the DPPA Form 431069

A: This is required when obtaining personally identifiable information about a customer including a photograph, social security number, driver license number, name, address, telephone number and medical or disability information.

A: You can see a history of vehicle registrations in Iowa by county at https://iowadot.gov/mvd/factsandstats. Scroll down about two-thirds of the way. We compile these for each calendar year.

A: The junkyard may demolish with just the police authority. The junkyard may also get a junking certificate with just the police authority.

A: Faxes and photocopies on the affidavit are not acceptable. A document that is notarized – whether by physical stamp or electronic stamp – is still an original document and may not be faxed or copied.

A: Texas DMV vouches that their form complies with federal law.

A: “Acknowledgement of signature” in Iowa Code 321.9 is not the same legal term as notarized. Iowa Code 9B, which governs notarization, specifies different terms for “acknowledgement” and “notarial acts” and there are clearly far more tasks and responsibilities associated with notarization then there are with simple acknowledgement of a signature.

A: No. If a POA has an expiration date that is passed, then it should not be accepted. Iowa Form 411021 does not have an expiration date but other states' POA forms may have an expiration date.

A: Federal code 49 CFR 580 requires a secure POA for odometer disclosure. If Indiana BMV does not provide a secure POA form, then this transaction cannot be allowed. The Indiana dealer would have to take title to the vehicle before selling to the Iowa customer.

A: Acceptable evidence of SR insurance is a current lift notice issued to the owner by the Office of Driver Services and an insurance card that lists the year, make and VIN.

A: An application for title and registration is transacted at the county level, so it is a county record. This specific request would not go to the DOT. However, county personnel should have a way to verify whether the lawyer should be granted the information on the T & R application. The county may want to defer to the County Attorney and/or develop a process for a county record request.