Iowa Code 321.498 – Legal effect of use and operation
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1. The acceptance by any nonresident of this state of the privileges extended by the laws of this state to nonresident operators or owners of operating a motor vehicle, or having the same operated, within this state shall be deemed to be all of the following:
a. An agreement by the nonresident that the nonresident shall be subject to the jurisdiction of the district court of this state over all civil actions and proceedings against the nonresident for damages to person or property growing or arising out of such use and operation.
b. An appointment by such nonresident of the director of this state as the nonresident’s lawful attorney upon whom may be served all original notices of suit pertaining to such actions and proceedings.
c. An agreement by such nonresident that any original notice of suit so served shall be of the same legal force and validity as if personally served on the nonresident in this state.
Terms Used In Iowa Code 321.498
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Director: means the director of the department. See Iowa Code 321I.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonresident: means a person who is not a resident of this state. See Iowa Code 321I.1
- Owner: means a person, other than a lienholder, having the property right in or title to an all-terrain vehicle. See Iowa Code 321I.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- property: includes personal and real property. See Iowa Code 4.1
- Resident: means as defined in section 483A. See Iowa Code 321I.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. a. “Nonresident” shall include any person who was, at the time of the accident or event, a resident of the state of Iowa but who removed from the state before the commencement of such action or proceedings.
b. “Person” shall mean:
(1) The owner of the vehicle whether it is being used and operated personally by the owner, or by the owner’s agent.
(2) An agent using and operating the vehicle for the agent’s principal.
(3) Any person who is in charge of the vehicle and of the use and operation thereof with the express or implied consent of the owner.