321.498 Legal effect of use and operation.
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.
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.
[C31, 35, §5079-d11; C39, §5038.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.498]
2010 Acts, ch 1069, §102; 2013 Acts, ch 90, §84; 2014 Acts, ch 1092, §78
Referred to in §321.556
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