Title VIII, TRANSPORTATION (Ch. 306 - 330B)

The rights under section 322D.2, subsection 1 , apply to motorcycle or autocycle franchise agreements in effect on July 1, 1985, which have no expiration date and are continuing agreements, and to those entered into or renewed after July 1, 1985, but only to motorcycles, autocycl…

1. This chapter applies to a franchise for all-terrain vehicles only if chapter 322F does not apply to a dealership engaged in the retail sale of equipment designed to be principally used for agricultural operations under chapter 322F . 2. The rights under section 322D.2, subsect…

As used in this chapter , unless the context otherwise requires: 1. “Agricultural equipment” means a device, part of a device, or an attachment to a device designed to be principally used for an agricultural purpose. “Agricultural equipment” includes but is not limited to equipme…

1. a. A supplier shall terminate a dealership agreement for equipment other than outdoor power equipment by cancellation, nonrenewal, or a substantial change in competitive circumstances only upon good cause and upon at least ninety days’ prior written notice delivered to the dea…

1. If a dealership agreement is terminated by cancellation or nonrenewal by either the dealer or supplier, the supplier must repurchase equipment and parts in the dealer’s inventory and must repurchase special tools and computer hardware or software required for the dealership. T…

This chapter shall not be construed to affect the existence or enforcement of a security interest which any person, including a supplier or financial institution, may have in the inventory of the dealer. 90 Acts, ch 1077, §5 ; 94 Acts, ch 1121, §2

If a dealer or a person holding a majority interest in a business entity operating a dealership dies or is incapacitated, the rights under this chapter may be exercised as an option by the heirs at law if the dealer or majority interest holder died intestate, or by the executor u…

1. If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an equity ownership interest in the business, the supplier shall approve or deny the request within sixty days after receiving a written request from the deale…

The obligations under this chapter apply to the supplier’s assignee or successor in interest. A successor in interest includes, but is not limited to, a purchaser of assets or stock, a surviving corporation resulting from a merger or liquidation, a receiver, or a trustee of the s…

A violation of this chapter includes but is not limited to a supplier doing any of the following: 1. Requires a dealer to accept delivery of equipment that the dealer has not ordered. 2. Requires a dealer to order or accept delivery of equipment with special features or accessori…

1. a. (1) A dealer may bring a legal action against a supplier for damages sustained by the dealer as a consequence of the supplier’s violation of any provision of this chapter , including but not limited to a violation described in section 322F.7 . A supplier violating this chap…

1. A term of a dealership agreement that is inconsistent with the terms of this chapter is void and unenforceable and does not waive any rights that are provided to a person by this chapter . 2. a. For all dealership agreements other than those provided for in this section , this…

The general assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The general assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service ag…

A violation by a manufacturer of this chapter is an unfair or deceptive trade practice in violation of section 714.16, subsection 2 , paragraph “a” . 91 Acts, ch 153, §10

This chapter , except for the requirements of section 322G.12 , does not impose any liability on a franchised motor vehicle dealer or create a cause of action by a consumer against a dealer. A dealer shall not be made a party defendant in any action involving or relating to this …

1. A manufacturer who accepts the return of a motor vehicle pursuant to a settlement, determination, or decision under this chapter shall notify the state department of transportation, report the vehicle identification number of that motor vehicle within ten days after the accept…

Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter is void as contrary to public policy. 91 Acts, ch 153, §13

1. The attorney general shall adopt rules as necessary to implement this chapter . 2. In prescribing rules and forms under this chapter , the attorney general may cooperate with agencies that perform similar functions in other states with a view to effectuating the policy of this…

1. This chapter takes effect July 1, 1991, and applies to motor vehicles originally purchased or leased by consumers on or after that date. 2. This chapter applies to motor vehicles originally purchased or leased in this state and, except for section 322G.3, subsections 1 and 2 ,…

As used in this chapter , unless the context otherwise requires: 1. “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter , collateral charges include, but are not li…

1. At the time of the consumer’s purchase or lease of the vehicle, the manufacturer shall provide to the consumer a written statement that explains the consumer’s rights and obligations under this chapter . The written statement shall be prepared by the attorney general and shall…

1. a. After three attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer may give written notification, which shall …

Any of the following is an affirmative defense to a claim under this chapter : 1. The alleged nonconformity or nonconformities do not substantially impair the motor vehicle. 2. A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteratio…

1. At the time of the consumer’s purchase or lease of the vehicle, a manufacturer who has established a program certified pursuant to this section shall, at a minimum, clearly and conspicuously disclose to the consumer in written materials accompanying the vehicle how and where t…

To facilitate uniform application, interpretation, and enforcement of this section and section 322G.6 , and in implementing rules adopted pursuant to section 322G.14 , the attorney general may cooperate with agencies that perform similar functions in any other states that enact t…

1. If a consumer resorts to a manufacturer’s certified program and a decision is not rendered within the time periods allowed in this chapter , or a manufacturer has no certified program and the consumer has notified the manufacturer pursuant to section 322G.4, subsection 1 , the…

The attorney general may enforce and ensure compliance with the provisions of this chapter and rules adopted pursuant to section 322G.14 , may issue subpoenas requiring the attendance of witnesses and the production of evidence, and may petition any court having jurisdiction to c…

When used in this chapter , unless the context otherwise requires: 1. “Blender pump” means a motor fuel blender pump as defined in section 214.1 that dispenses motor fuel or special fuel in a manner required pursuant to chapters 214 and 214A . 2. “Dealer” means a person, other th…

The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, safety and general welfare of the people of this state and because methods and practices in the marketing and distribution of motor fuel and spe…

1. Upon receiving an application, the department shall order a hearing. The hearing shall be held within thirty days of receipt of the application and in accordance with the Iowa administrative procedure Act, chapter 17A . The department shall notify the franchiser or distributor…

Appeal may be taken from the final order of the department by either the distributor, franchiser or dealer, to the district court of the county where the distributor or dealer either resides or maintains the principal place of business, within thirty days from the time the decisi…

Any provision of a dealer franchise or distributor franchise which is an attempted waiver of the benefits of this chapter shall be void and unenforceable. [C75, 77, 79, 81, §323.13 ]

1. It is unlawful to include in any distributor franchise or dealer franchise agreement a term which provides for the termination of the franchise by the franchiser upon the death of the franchisee if the franchisee, prior to the franchisee’s death, designates a successor-in-inte…

Notwithstanding the terms, provisions or conditions of any distributor franchise, a franchiser shall not terminate or refuse to renew a distributor franchise except as provided in this chapter . A franchiser shall not terminate or refuse to renew a distributor franchise unless th…

Notwithstanding the terms, provisions, or conditions of any dealer franchise, a distributor or franchiser shall not terminate or refuse to renew a dealer franchise except as provided in this chapter . A distributor or franchiser shall not terminate or refuse to renew a dealer fra…

The department may continue the date of hearing for a period of thirty days, and may upon application, but not ex parte, continue the date of hearing for an additional period of thirty days. [C75, 77, 79, 81, §323.4 ]

1. Except as provided in subsection 3 , this section applies to a supply agreement or other document executed on or after July 1, 2013, by parties who are receiving and furnishing motor fuel or special fuel as follows: a. A dealer who is a party receiving motor fuel or special fu…

1. Upon hearing, if the department finds the statements contained in the application are true, then the franchiser or distributor that intends to terminate or not renew the distributor franchise or dealer franchise shall have the burden of proof to establish that the franchiser o…

Notwithstanding the terms, provisions or conditions of a distributor franchise, the following shall not constitute good cause for the termination or refusal to renew a distributor franchise: 1. The sole fact that the franchiser desires further penetration of the market. 2. The ch…

In determining whether good cause has been established for terminating or not renewing a distributor franchise or dealer franchise, the department shall take into consideration the existing circumstances, including, but not limited to: 1. Amount of business transacted by the dist…

The department may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents and other evidence. The department may apply to the district court of the county in which the hearing is to be held for a court order to enforce act…

Any person violating the provisions of this chapter is guilty of a simple misdemeanor. [C75, 77, 79, 81, §323.9 ]

For purposes of this chapter , unless the context otherwise requires: 1. “E-85 gasoline” means the same as defined in section 214A.1 . 2. “Ethanol blended gasoline” means the same as defined in section 214A.1 . 3. “Franchise” means a contract between a refiner and a distributor, …

1. The orderly flow of an adequate supply of motor fuel is declared to be essential to the economy and to the welfare of the people of this state. Therefore, in the public interest and notwithstanding the terms, provisions, or conditions of any franchise, a franchisee unable to o…

1. a. When on and after May 30, 2006, a franchise is entered into or renewed, the franchisor shall provide for the delivery of volumes of E-85 gasoline at times demanded by the franchisee or shall allow the franchisee to purchase those volumes of E-85 gasoline at those times from…

The provisions of this chapter shall be applicable only to franchise agreements entered into or renewed after July 1, 1980. [ C81, §323A.3 ]