2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.71 - ODOMETER REQUIREMENTS.

        321.71  ODOMETER REQUIREMENTS.
         1.  For the purposes of this section the following words and
      phrases shall have the meanings respectively ascribed to them:
         a.  "Intent and purpose of this section" is and shall mean to
      achieve the end that odometers of motor vehicles shall at all times
      correctly show the true mileage that the motor vehicle has been
      driven.
         b.  "True mileage" is the actual mileage the motor vehicle has
      been driven.
         2.  No person shall knowingly tamper with, adjust, alter, change,
      set back, disconnect or fail to connect the odometer of any motor
      vehicle, or cause any of the foregoing to occur to an odometer of a
      motor vehicle, so as to reflect a lower mileage than the true mileage
      driven by the motor vehicle.
         3.  No person shall conspire with any other person to evade the
      intent and purpose of this section.
         4.  No person shall with the intent to defraud operate a motor
      vehicle on any street or highway knowing that the odometer of the
      motor vehicle is disconnected or nonfunctional.
         5.  No person shall advertise for sale, sell, use or install on
      any part of a motor vehicle or on any odometer in a motor vehicle any
      device which causes the odometer to register any mileage other than
      the true mileage.
         6.  In the event any odometer is repaired or replaced, the reading
      of the repaired or replaced odometer shall be set at the reading of
      the odometer repaired or replaced immediately prior to repair or
      replacement, but where the odometer is incapable of registering the
      same mileage the odometer shall be adjusted to read zero and any
      adjustment made in accordance with the provisions of this subsection
      shall not be deemed a violation of any provision of this section.
         7.  A certificate of title shall not be issued for a motor vehicle
      less than ten model years old which is equipped with an odometer by
      the manufacturer, unless an odometer statement which is in compliance
      with federal law and regulations has been made by the transferor of
      the vehicle and is furnished with the application for certificate of
      title.  The new certificate of title shall record on its face the
      odometer reading and the word "actual" if the true mileage is known.
      If the odometer reading is not the true mileage or the true mileage
      is unknown, the words "not actual" shall be recorded.  If the
      odometer reading is greater than the odometer can mechanically count,
      the words "exceeds the mechanical limits" shall be recorded.
      However, a certificate of title may be issued for a motor vehicle to
      a person who moves into this state if the person acquired ownership
      of the motor vehicle prior to moving to this state.  This subsection
      does not apply to motor vehicles having a gross vehicle weight rating
      of more than sixteen thousand pounds.
         8.  Any person who knowingly makes or delivers a false odometer
      statement as required by subsection 7 shall be guilty of a violation
      of this section.
         9.  An Iowa licensed motor vehicle dealer shall not have in
      possession as inventory for sale a used motor vehicle acquired by the
      dealer after the tenth model year prior to the current registration
      year, for which the dealer does not possess an odometer statement by
      the transferor which is in compliance with federal law and
      regulations unless a certificate of title has been issued for the
      vehicle in the name of the dealer.  Transfer of a new motor vehicle
      with an ownership document which is a manufacturer's statement of
      origin requires an odometer statement only when transferred at
      retail.
         10.  A transferee of a motor vehicle reassigning the certificate
      of title to such motor vehicle pursuant to the provisions of section
      321.48, subsection 1, shall not be guilty of a violation of this
      section if such transferee has in the transferee's possession an
      odometer statement by the transferor which is in compliance with
      federal law and regulations and if the transferee has no knowledge
      that the statement is false and that the transferee has no knowledge
      that the odometer does not reflect the true mileage of such motor
      vehicle.
         11.  The department may adopt rules which shall be in compliance
      with the federal Truth in Mileage Act of 1986, Pub. L. No. 99-579.
         12.  Any person who violates this section commits a fraudulent
      practice.  

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 321.71] 

         Section History: Recent Form

         84 Acts, ch 1243, § 2, 3; 84 Acts, ch 1305, § 58; 90 Acts, ch
      1131, § 1, 2; 98 Acts, ch 1100, §43
         Referred to in § 307.37, 321.50, 321.69, 322.4