Iowa Admin. Code r. 761-431.2

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 761-431.2 - Criteria for a vehicle recycler license

(1)General qualifications. Every authorized vehicle recycler shall:

a. Maintain regular business hours and telephone service at the principal place of business which shall include separate and adequate office space for the recycler's business records. Telephone service must be a land line and not cellular phone service.

b. Comply with local zoning laws.

c. Comply with the provisions of Iowa Code chapter 306C, relating to the Iowa junkyard control law, when applicable.

d. If subject to the requirements of 28 CFR Section 25.56, as adopted in Iowa Code section 321H.4A(2)"a," do all of the following:

(1) Obtain and maintain a registered account with the National Motor Vehicle Title Information System (NMVTIS).

(2) Report, or verify reporting of, inventory to the NMVTIS.

(3) If applicable, verify the seller of a vehicle purchased by the recycler has complied with 28 CFR Section 25.56 and document such verification on a form prescribed by the department if third-party electronic records are insufficient to verify compliance with 28 CFR Section 25.56 because the vehicle has been crushed or flattened by mechanical means, as stated in Iowa Code section 321H.4A.

(4) Retain records of compliance, including verification forms completed under subparagraph 431.2(1)"d" (3), at the vehicle recycler's principal place of business for at least three years after the purchase of the vehicle. Records may be stored either in hard copy or electronically. Records of compliance shall be open for inspection by any peace officer during normal business hours.

(2)Vehicle rebuilder qualifications. For every licensed location, a vehicle rebuilder must have:

a. An unobstructed area inside a building for rebuilding and restoring vehicles. The inside measurement of the unobstructed area must be at least 14 feet by 24 feet.

b. Sufficient storage for all vehicles in the rebuilder's inventory.

c. Equipment necessary to perform rebuilding and restoring of vehicles in the inventory, such as frame-straightening equipment, a hydraulic jack, alignment and calibration equipment, and tools.

(3)Used vehicle parts dealer qualifications. For every licensed location, a used vehicle parts dealer must have sufficient storage for the vehicle parts in the dealer's inventory.

(4)Vehicle salvager qualifications. For every licensed location, a vehicle salvager must have:

a. Sufficient storage for vehicles, vehicle parts, and vehicle bodies included in the salvager's inventory.

b. Sufficient equipment necessary to perform dismantling, scrapping or storing of vehicles and vehicle parts in the inventory.

This rule is intended to implement Iowa Code sections 321H.4 and 321H.4A.

Iowa Admin. Code r. 761-431.2

ARC 9048B, IAB 9/8/10, effective 10/13/10

Amended by IAB September 7, 2022/Volume XLV, Number 5, effective 10/12/2022