2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 516D - RENTAL OF MOTOR VEHICLES
516D.3 - DEFINITIONS.

        516D.3  DEFINITIONS.
         As used in this chapter, unless the context requires otherwise:
         1.  "Authorized driver" means any of the following:
         a.  A customer to whom a vehicle is rented.
         b.  A person expressly listed by a rental company on a rental
      agreement as an authorized driver.
         c.  A customer's spouse, if the spouse is a licensed driver
      and satisfies the rental company's minimum age requirement.
         d.  A customer's employer or coworker, if the employer or
      coworker is engaged in a business activity with the customer to whom
      the vehicle is rented, is a licensed driver, and satisfies the rental
      company's minimum age requirement.
         2.  "Collision damage waiver" means a contract or contractual
      provision, whether separate from or a part of a rental agreement,
      whereby the rental company agrees, for a charge, to waive claims
      against an authorized driver for all, or any portion of, damages to
      the rental vehicle, loss due to theft of the rental vehicle, or
      damages resulting from the loss of use of the rental vehicle.
         3.  "Customer" means a person entering into a rental agreement
      and obtaining the use of a rental vehicle from a rental company under
      the terms of the rental agreement.
         4.  "Estimated time for repair" means a good faith estimate of
      the reasonable number of hours of labor, or fraction of an hour,
      needed to repair a damaged vehicle or damaged vehicle parts.
         5.  "Estimated time for replacement" means the number of hours
      of labor, or fraction of an hour, needed to replace damaged vehicle
      parts as set forth in collision damage estimating guides generally
      used in the vehicle repair business and commonly known as crash
      books.
         6.  "Mandatory charge" means any charge, fee differential, or
      surcharge that all or a majority of customers must pay in order to
      obtain or operate a rental vehicle except as follows:
         a.  "Mandatory charge" does not include an airport-imposed fee
      if the existence and amount of the fee are clearly and conspicuously
      disclosed immediately adjacent to any advertised rental price.  The
      customer must be informed of the amount of the fee when the
      reservation is made.  When an advertisement encompasses more than one
      rental location, the fee may be expressed as the maximum fee or range
      of fees.
         b.  "Mandatory charge" does not include taxes imposed directly
      upon the rental transaction by an authorized taxing authority.
         c.  "Mandatory charge" does not include mileage fees as long
      as the existence of any mileage limitation and cost per mile for
      excess mileage is clearly and conspicuously disclosed immediately
      adjacent to the advertised price.
         7.  "Material restriction" means a restriction, limitation, or
      other requirement which significantly affects the price of, normal
      anticipated use of, or a customer's financial responsibility for, a
      rental vehicle.  Restrictions against any or all of the following
      activities in connection with the acquisition or use of a rental
      vehicle are not material restrictions:
         a.  Obtaining a rental vehicle by use of false or misleading
      information.
         b.  Operating a rental vehicle while intoxicated or under the
      influence of any drug.
         c.  Using a rental vehicle to transport persons or property
      for hire.
         d.  Using a rental vehicle to engage in a race, training
      activity, contest, or use for an illegal purpose.
         e.  Using a rental vehicle to push or tow a vehicle or other
      object.
         f.  Operating a rental vehicle in an abusive or reckless
      manner.
         g.  Operating a rental vehicle other than on regularly
      maintained hard surface roadways, including private driveways and
      parking lots.  For purposes of this chapter, "hard surface
      roadways" includes, but is not limited to, all regularly maintained
      gravel-covered surfaces.
         h.  Operating a rental vehicle outside the continental United
      States unless specifically authorized by the rental agreement.
         8.  "Placing a block" means any procedure or mechanism which
      reserves a specified amount of the customer's otherwise available
      credit on the customer's credit or charge card account so that the
      amount is not available for future credit purchases.
         9.  "Rental agreement" means a written contract containing the
      terms and conditions for the use of a rental vehicle by a customer
      for a term of sixty days or less.
         10.  "Rental company" means a person in the business of
      providing rental vehicles to customers.
         11.  "Rental vehicle" means a private passenger type vehicle
      which, upon the execution of a rental agreement, is made available to
      a customer for the customer's use or other authorized driver's use.
      

         91 Acts, ch 204, § 3; 92 Acts, ch 1163, § 101; 2002 Acts, ch 1151,
      §29
         Referred to in § 321.484