Iowa SR-22 requirements after a DUI

Which filing, and what triggers it

Form: SR-22

Iowa DOT calls it Form SR-22, 'AAMVA Uniform Financial Responsibility Form', filed with the Iowa DOT by an Iowa-authorized insurance carrier. Iowa Admin. Code 761-640.6(8) requires carriers to submit the proof electronically in a DOT-approved format; paper submissions from carriers are not accepted. SR-23 is the fleet-employer form; SR-26 is the cancellation form.

“Have your Iowa-authorized insurance company file SR-22 (AAMVA Uniform Financial Responsibility Form) with the Iowa DOT.”

What triggers it

Any license revocation under Iowa Code chapter 321J (OWI) - the statute covers revocations 'pursuant to chapter 321J', which includes both conviction revocations and the administrative test-failure/refusal revocations; the license and registrations stay revoked until proof of financial responsibility is given and maintained. Iowa DOT lists SR-22 proof among OWI reinstatement requirements and excepts 'zero tolerance' (under-21) revocations; § 321A.17(7) also excepts a person whose administrative revocation was rescinded under § 321J.13.

“or revokes the license of any person pursuant to chapter 321J ... shall remain suspended or revoked ... unless and until the person shall give and thereafter maintain proof of financial responsibility.”

How long it stays on file, and from when

2 years, counted from the start of the suspension.

Two years, starting on the effective date of the person's last qualifying suspension or revocation (Iowa Admin. Code 761-640.6(1)); the Iowa DOT OWI page says '2 years from the first day of your revocation' and its SR-22 page says proof 'is required from the first day of your suspension or revocation and is required for two years'. Iowa Code § 321A.29(1)(a) allows cancellation 'at any time after two years from the date such proof was required' if no further qualifying conviction was received during that two-year period.

“640.6(1) Duration of proof of financial responsibility. Proof of financial responsibility is required for two years starting on the effective date of the person's last suspension or revocation that qualifies under Iowa Code section 321A.17.”

If the policy is cancelled or lapses

A certified policy cannot be cancelled until at least ten days after the carrier files a notice of cancellation with the DOT (Iowa Code § 321A.22); the carrier certifies the cancellation on Form SR-26 (761-640.6(5)). When proof is cancelled the person must immediately refile proof or surrender the license and registrations; if the person does not refile, the DOT serves a suspension notice effective on the date served, and the privilege to operate and register vehicles stays suspended until proof is refiled (761-640.6(6)). Under § 321A.29(3), a person whose proof was cancelled after surrendering the license who reapplies within two years of the date proof was originally required must 'reestablish proof for the remainder of the two-year period' - the rules do not say the two-year clock restarts.

“When a person's proof of financial responsibility is canceled, the person is to immediately refile proof of financial responsibility or surrender the license and registrations to the department. b. If the person fails to refile proof of financial responsibility, a suspension notice is to be served”

Non-owner and out-of-state policies

The SR-22 'may include an owner's or operator's policy' (761-640.6(2)(a)); Iowa Code § 321A.21(3) defines an operator's policy as insuring the named person for use of 'any motor vehicle not owned by the person', and § 321A.19(1) waives the vehicle-designation requirement when the policy is issued to a person who is not the owner of a motor vehicle. An operator's-policy certification does not authorize vehicle registrations; a person holding operator's proof may drive a non-owned vehicle if the owner carries the chapter 321A liability coverage (761-640.6(4)).

“The form may include an owner's or operator's policy and effective date ... Certification of coverage for an owner's policy authorizes the policyholder to have registrations for the described vehicles. Certification of coverage for an operator's policy does not authorize registrations.”

Iowa Code § 321A.20 lets a nonresident give proof by filing a certificate of an insurance carrier authorized in the state where the vehicle is registered (or, if the nonresident owns no vehicle, where the insured resides), on condition the carrier files a power of attorney for service of process and agrees its policies conform to Iowa law; 761-640.6(2)(a) accepts certification 'by an insurance carrier authorized by power of attorney'. A person who moves out of state after the suspension/revocation period ends and proves new residency is exempt from § 321A.17, but may not apply for an Iowa license for two years from the effective date of the last suspension/revocation unless proof is filed (§ 321A.17(8)); Iowa DOT accepts a Residency Statement Form from a non-Iowa resident applying for a non-Iowa license.

“may give proof of financial responsibility by filing with the department a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle, or motor vehicles, described in such certificate is registered”

Liability limits the filing certifies

Minimum limits: 20/40/15

Iowa Code § 321A.1(11) defines 'proof of financial responsibility' as ability to respond in damages of $20,000 for bodily injury to or death of one person, $40,000 for two or more persons in one accident, and $15,000 for property damage; § 321A.21(2)(b) sets the same limits for a certified owner's policy and § 321A.21(3) applies them to an operator's policy. No uninsured-motorist or PIP component is part of the certified proof. Alternatives to an SR-22 are a $55,000 surety bond or deposit (Iowa DOT).

“twenty thousand dollars because of bodily injury to or death of one person in any one accident ... forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and fifteen thousand dollars because of injury to or destruction of property of others”

How the filing is confirmed

When proof is filed and the person is otherwise eligible, the DOT issues a notice terminating the suspension (761-640.6(4)) and issues the driver's license with a financial-responsibility restriction code (761-640.6(3)); when the requirement is satisfied under § 321A.29 the DOT issues a notice terminating the proof requirement, and a still-valid license can be replaced by a duplicate without the restriction (761-640.6(7)). Iowa DOT's page states only vehicles listed on the SR-22 may be driven or registered. No online SR-22 status lookup is described on the DOT's pages.

Agency page: www.legis.iowa.gov

“640.6(7) Terminating the proof of financial responsibility requirement. A notice terminating the requirement to maintain proof of financial responsibility is to be issued to a person who has satisfied proof of financial responsibility requirements pursuant to Iowa Code section 321A.29.”

Financial-responsibility statute

Iowa Code ch. 321A (Motor Vehicle Financial Responsibility), esp. §§ 321A.17, 321A.19, 321A.21, 321A.22, 321A.29; Iowa Admin. Code 761-640.6(321A)

“Whenever the department, under any law of this state, suspends or revokes the license of any person upon receiving record of a conviction or a forfeiture of bail or revokes the license of any person pursuant to chapter 321J, the department shall also suspend the registration”