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COMPILED CODE - Iowa Legislature - State of Iowa

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219<br />

Tit. XI, Ch. 17. MOTOR VEHICLES. § 3045.<br />

61 chapter, prior to sale and delivery there<strong>of</strong>, and <strong>of</strong> all motor vehicles<br />

62 in their possession and operated or driven by them or by their agents<br />

63 or employees ; provided, however, that anything to the contrary herein<br />

64 notwithstanding, the determination <strong>of</strong> the department shall be final<br />

65 and conclusive upon the question whether or not an applicant for<br />

66 registration shall be a manufacturer or dealer within the meaning<br />

67 and intent <strong>of</strong> this chapter.<br />

68 A "used car dealer" shall, for the purpose <strong>of</strong> this chapter, include<br />

69 a person, firm, association, or corporation, regularly engaged in the<br />

70 business <strong>of</strong> having in his, its, or their possession, second-hand motor<br />

71 vehicles for sale or trade and operation pursuant thereto, and shall<br />

72 be considered owners <strong>of</strong> motor vehicles dealt in by them, for the pur-<br />

73 pose <strong>of</strong> this chapter, prior to sale and delivery there<strong>of</strong>, and all motor<br />

74 vehicles in their possession and operated or driven by them, or by<br />

75 their agents and employees, provided that, anything to the contrary<br />

76 herein notwithstanding, the determination <strong>of</strong> the department shall be<br />

77 final and conclusive upon the question as to whether or not an appli-<br />

78 cant for registration shall be a "used car dealer" within the meaning<br />

79 <strong>of</strong> this chapter.<br />

80 "Garage" shall mean every place <strong>of</strong> business where motor ve-<br />

81 hides are received for housing, storage or repair, for compensation.<br />

82 "Intersecting highway" shall mean any highway which joins<br />

83 another at any angle, whether or not it crosses the other.<br />

84 "Person" shall include any corporation, association, copartner-<br />

85 ship, company, firm, or other aggregation <strong>of</strong> individuals and where<br />

86 the term "person" is used in connection with the registration <strong>of</strong> a<br />

87 motor vehicle, it shall include any corporation, association, copartner-<br />

88 ship, company, firm or other aggregation <strong>of</strong> individuals which owns<br />

89 or controls such motor vehicle as actual owner, or for the purpose <strong>of</strong><br />

90 sale or for renting, whether as agent, salesman, or otherwise.<br />

91 "Department" as used in this chapter shall mean the secretary<br />

92 <strong>of</strong> state.<br />

93 "Specially constructed" motor vehicle shall mean a motor vehicle<br />

94 which shall not have been originally constructed under a distinctive<br />

95 name, make, model or type <strong>of</strong> a generally recognized manufacturer <strong>of</strong><br />

96 motor vehicles; provided that in case <strong>of</strong> dispute the determination<br />

97 <strong>of</strong> the department as to the character <strong>of</strong> construction <strong>of</strong> any such<br />

98 motor vehicle shall be conclusive.<br />

99 "Reconstructed motor vehicle" shall mean a motor vehicle which<br />

100 shall have been assembled or constructed largely by means <strong>of</strong> essen-<br />

101 tial parts, new or used, derived from other motor vehicles or makes<br />

102 <strong>of</strong> motor vehicles <strong>of</strong> various names, models or type, or which, if orig-<br />

103 inally otherwise, constructed, shall have been materially altered by<br />

104 the removal <strong>of</strong> essential parts, or by addition or substitution <strong>of</strong> essen-<br />

105 tial parts, new or used, derived from motor vehicles or makes <strong>of</strong><br />

106 motor vehicles; provided that for the purpose <strong>of</strong> this chapter the<br />

107 term "essential parts" shall include, not only integral parts but also<br />

108 body parts such as fenders, hood, cowl, and other parts, the removal,<br />

109 alteration or substitution <strong>of</strong> which will tend to conceal the identity<br />

110 or substantially alter the appearance <strong>of</strong> the motor vehicle ; and pro-<br />

Ill vided, further, that in case <strong>of</strong> dispute the determination <strong>of</strong> the depart-<br />

112 ment as to the character <strong>of</strong> such assembly, reconstruction or alter-<br />

113 ation shall be conclusive.

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