Iowa Code § 322C.2

Current through March 29, 2024
Section 322C.2 - Definitions

As used in this chapter unless the context otherwise requires:

1. To sell "at retail" means to sell a towable recreational vehicle to a person who will devote it to a consumer use.
2."Community" means a towable recreational vehicle dealer's area of responsibility as stipulated in the manufacturer-dealer agreement.
3."Department" means the state department of transportation.
4."Distributor" means a person who sells or distributes towable recreational vehicles to towable recreational vehicle dealers either directly or through a representative employed by a distributor.
5."Factory campaign" means an effort by or on behalf of a warrantor to contact towable recreational vehicle dealers or owners to address an equipment or part issue.
6."Family member" means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse of a child, grandchild, parent, sibling, niece, or nephew.
7."Fifth-wheel travel trailer" means a vehicle mounted on wheels that has an overall length of forty-five feet or less, is designed to provide temporary living quarters for recreational, camping, or travel use, is of such a size and weight as to not require a permit under chapter 321E when moved on a highway, and is designed to be towed by a motor vehicle equipped with a towing mechanism located above or forward of the motor vehicle's rear axle. "Fifth-wheel travel trailer" includes a toy-hauler fifth-wheel travel trailer.
8."Folding camping trailer" means a vehicle mounted on wheels and constructed with collapsible side walls designed to be folded when towed by a motor vehicle and unfolded to provide temporary living quarters for recreational, camping, or travel use.
9."Line-make" means a specific series of towable recreational vehicles meeting all of the following criteria:
a. The vehicles are identified by a common series trade name or trademark.
b. The vehicles are targeted at a particular market segment, as determined by the vehicles' decoration, features, equipment, size, weight, and price range.
c. The vehicles have lengths and interior floor plans distinguishable from other towable recreational vehicles with substantially similar decoration, features, equipment, weight, and price.
d. The vehicles belong to a single, distinct classification of a towable recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body.
e. A manufacturer-dealer agreement authorizes a dealer to sell the vehicles.
10."Manufacturer" means a person engaged in the manufacture of towable recreational vehicles.
11."Manufacturer-dealer agreement" means a written agreement or contract entered into between a manufacturer or distributor and a towable recreational vehicle dealer that specifies the rights and responsibilities of the parties and authorizes the dealer to sell and service new towable recreational vehicles.
12."New towable recreational vehicle" means a towable recreational vehicle that has not been sold at retail.
13."Park model recreational vehicle" means a vehicle meeting all of the following criteria:
a. The vehicle is designed to provide, and marketed as providing, temporary living quarters for recreational, camping, travel, or seasonal use.
b. The vehicle is not permanently affixed to real property for use as a permanent dwelling.
c. The vehicle is built on a single chassis mounted on wheels with a gross trailer area not exceeding four hundred square feet in the vehicle's set-up mode.
d. The vehicle is certified by the manufacturer as in compliance with the American national standard for park model recreational vehicles, commonly cited as "ANSI A 119.5".
14."Person" includes any individual, partnership, corporation, association, fiduciary, or other legal entity engaged in business, other than a unit or agency of government or governmental subdivision.
15."Place of business" means a designated location where facilities are maintained for displaying, reconditioning, and repairing either new or used towable recreational vehicles.
16."Proprietary part" means any part manufactured by or for, and sold exclusively by, a manufacturer.
17."Sell" includes barter, exchange, and other methods of dealing.
18."Supplier" means a person engaged in the manufacture of towable recreational vehicle parts, accessories, or components.
19."Towable recreational vehicle" means a vehicle designed to be towed by a motor vehicle owned by a consumer and to provide temporary living quarters for recreational, camping, or travel use, that complies with all applicable federal regulations, and that is certified by the vehicle's manufacturer as in compliance with the national fire protection association standard on recreational vehicles, commonly cited as "NFPA 1192", or the American national standard for park model recreational vehicles, commonly cited as "ANSI A 119.5", as applicable. "Towable recreational vehicle" includes a travel trailer, toy-hauler travel trailer, fifth-wheel travel trailer, toy-hauler fifth-wheel travel trailer, folding camping trailer, truck camper, and park model recreational vehicle. For purposes of registration and titling under chapter 321, a towable recreational vehicle shall be considered a travel trailer or fifth-wheel travel trailer, as those terms are defined in section 321.1, as applicable.
20."Towable recreational vehicle dealer" or "dealer" means a person required to be licensed under this chapter who is authorized to sell and service towable recreational vehicles.
21."Toy-hauler fifth-wheel travel trailer" means a fifth-wheel travel trailer equipped with a back wall capable of being lowered to form a ramp for loading and unloading a specialized rear compartment that can then be resecured for travel.
22."Toy-hauler travel trailer" means a travel trailer equipped with a back wall capable of being lowered to form a ramp for loading and unloading a specialized rear compartment that can then be resecured for travel.
23."Transient consumer" means a consumer who is temporarily traveling through a towable recreational vehicle dealer's community.
24."Travel trailer" means a vehicle mounted on wheels that has a width of eight feet six inches or less and an overall length of forty-five feet or less, is designed to provide temporary living quarters for recreational, camping, or travel use, and is of such a size and weight as to not require a permit under chapter 321E when towed by a motor vehicle on a highway. "Travel trailer" includes a toy-hauler travel trailer. "Travel trailer" does not include a vehicle that is so designed as to permit it to be towed exclusively by a motorcycle.
25."Truck camper" means a vehicle designed to be placed in the bed of a pickup truck to provide temporary living quarters for recreational, camping, or travel use.
26."Used towable recreational vehicle" means a towable recreational vehicle which has been sold at retail and previously registered in this or any other state.
27."Warrantor" means a person, including a manufacturer, distributor, or supplier, that provides a written warranty to a consumer in connection with a new towable recreational vehicle or any part, accessory, or component of a new towable recreational vehicle. "Warrantor" does not include a dealer, distributor, supplier, or other person that is not owned or controlled by a manufacturer that provides a service contract, mechanical or other insurance, or an extended warranty sold for separate consideration to a consumer.

Iowa Code § 322C.2

2000 Acts, ch 1016, §24; 2002 Acts, ch 1119, §156; 2012 Acts, ch 1048, § 5, 6; 2015 Acts, ch 123, § 39; 2019 Acts, ch 67, §2, 20; 2019 Acts, ch 89, § 13

Amended by 2019 Iowa, ch 89, s 13, eff. 7/1/2019.
Amended by 2019 Iowa, ch 67, s 2, eff. 7/1/2019.
Amended by 2015 Iowa, ch 123,s 39, eff. 7/1/2015.
C81, §322C.2
2000 Acts, ch 1016, §24; 2002 Acts, ch 1119, §156; 2012 Acts, ch 1048, §5, 6