Iowa Code

Iowa Code § 321.2 (2026)

Administration and enforcement

✓ current as of July 2026
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1. Except as otherwise provided by law, the state department of transportation shall administer and enforce the provisions of this chapter. 2. The division of state patrol of the department of public safety shall enforce the provisions of this chapter relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks, buses, and other commercial motor vehicles, and to see that proper safety rules are observed. 3. The state department of transportation and the department of public safety shall cooperate to ensure the proper and adequate enforcement of the provisions of this chapter. 4. The director of revenue shall administer and enforce the collection of the fee for new registration as provided in section 321.105A. [C24, 27, 31, 35, §4863; C39, §5000.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.2] 98 Acts, ch 1074, §20; 2005 Acts, ch 35, §31; 2008 Acts, ch 1113, §39; 2023 Acts, ch 85, §10; 2024 Acts, ch 1043, §83

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Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1948–2025 · leading case: Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018).
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). · cites it 17× “Although the legislature gave the IDOT the authority to "administer and enforce the provisions" of Iowa Code chapter 321 "[e]xcept as otherwise provided by law," Iowa Code § 321.2 (1), this is not the same as interpretive authority, see Watson v.”
City of Davenport v. Seymour, 755 N.W.2d 533 (Iowa 2008). · cites it 4× “Iowa Code § 321.2 . In carrying out these duties, the DOT has instituted various rules regarding the suspension and revocation of a license.”
Merchants Motor Freight, Inc. v. State High. Comm'n, 32 N.W.2d 773 (Iowa 1948). · cites it 6× “Section 321.2 states: “The department of public safety, under the commissioner thereof, shall constitute the motor vehicle department for the administration and enforcement of this chapter.”
State v. Ewoldt, 448 N.W.2d 676 (Iowa Ct. App. 1989). · cites it 2× “Iowa Code § 321.2 (1987). The Department is specifically charged with licensing drivers, Iowa Code § 321.”
State v. Maher, 618 N.W.2d 303 (Iowa 2000). · cites it 2× “2 which occurred on or pri- or to June 30, 1991, for the purpose of determining whether a conviction is a third or subsequent offense under section 321.2. Id. (emphasis added). This provision deals exclusively with license revocations.”
Iowa Dep't of Transp. v. Iowa Dist. Court, 534 N.W.2d 457 (Iowa 1995). · cites it 2× “We note at the outset that the county attorney does not have any independent authority to issue declaratory rulings on the applicability of the revocation provisions of chapter 321 or to adjudicate the rights of license holders under chapter 321. The DOT is, in the first…”
Bergeson v. Pesch, 117 N.W.2d 431 (Iowa 1962). “See also Code sections 321.2, 321.3 and 321.4; Springville Community School District v.”
Hemphill v. Iowa Dep't of Transp., 379 N.W.2d 907 (Iowa 1986). · cites it 2× “9, Section 321.2 or Section 78.1 of the Iowa Code.”
Dohrn Transfer Co. v. Hoegh, 116 F. Supp. 177 (S.D. Iowa 1953). · cites it 2× “That position is provided for by Section 321.2, Code of Iowra 1950, I.C.A.”
Dot v. Dist. Ct. for Bremer Cnty., 534 N.W.2d 457 (Iowa 1995). · cites it 2× “We note at the outset that the county attorney does not have any independent authority to issue declaratory rulings on the applicability of the revocation provisions of chapter 321 or to adjudicate the rights of license holders under chapter 321. The DOT is, in the first…”
State of Iowa v. Jesse Lee McElroy (Iowa Ct. App. 2023). · cites it 2× “Jesse McElroy appeals after pleading guilty to one count of operating while intoxicated (OWI), third or subsequent offense, a class “D” felony, in violation of Iowa Code section 321.2(2)(c) (2020). Applying the habitual offender sentencing enhancement, the district court…”
State of Iowa v. Robert Joseph Arkfeld, Jr. (Iowa Ct. App. 2025). · cites it 2× “2d 177, 184 (Iowa 2017) (reaffirming the holding in Comried on appeal from a conviction under section 321.2(1)(c)). But in Adams, the court clarified that Comried “does not stand for the proposition that a conviction under [section 707.”
— Iowa Code § 321.2(1) — 1 case
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). “Although the legislature gave the IDOT the authority to "administer and enforce the provisions" of Iowa Code chapter 321 "[e]xcept as otherwise provided by law," Iowa Code § 321.2 (1), this is not the same as interpretive authority, see Watson v.”
— Iowa Code § 321.2(1)(c) — 2 cases
State of Iowa v. Robert Joseph Arkfeld, Jr. (Iowa Ct. App. 2025). “2d 177, 184 (Iowa 2017) (reaffirming the holding in Comried on appeal from a conviction under section 321.2(1)(c)). But in Adams, the court clarified that Comried “does not stand for the proposition that a conviction under [section 707.”
— Iowa Code § 321.2(2) — 1 case
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). “Although the legislature gave the IDOT the authority to "administer and enforce the provisions" of Iowa Code chapter 321 "[e]xcept as otherwise provided by law," Iowa Code § 321.2 (1), this is not the same as interpretive authority, see Watson v.”
— Iowa Code § 321.2(2)(c) — 1 case
State of Iowa v. Jesse Lee McElroy (Iowa Ct. App. 2023). “Jesse McElroy appeals after pleading guilty to one count of operating while intoxicated (OWI), third or subsequent offense, a class “D” felony, in violation of Iowa Code section 321.2(2)(c) (2020). Applying the habitual offender sentencing enhancement, the district court…”
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