Montana Code 61-10-130. Custom combiner’s special permit — fee — collection — distribution — not transferable
61-10-130. Custom combiner’s special permit — fee — collection — distribution — not transferable. (1) In lieu of the taxes required by 15-24-301 and in lieu of motor vehicle license fees, gross vehicle weight fees, and overwidth, overlength, and overheight permits provided for in Title 61, a nonresident engaged in the business of custom combining who brings equipment into the state may pay a special permit fee of $40 for each unit. A unit includes:
Terms Used In Montana Code 61-10-130
- Axle: means a transverse beam that is the common axis of rotation of one or more wheels and that, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when the axle is in operation. See Montana Code 61-10-104
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Gross vehicle weight: means the weight of a vehicle without load plus the weight of any load on the vehicle. See Montana Code 61-1-101
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(a)one truck suitable for hauling grain;
(b)one header trailer or one combine trailer; and
(c)pickup trucks and all other equipment, except combines, used by a nonresident and brought into the state as part of the nonresident’s business of custom combining.
(2)In lieu of gross vehicle weight fees and overwidth, overlength, and overheight permits, Montana residents engaged in the business of custom combining may pay the annual farm gross vehicle weight fees and a special permit fee of $20 for each unit. A unit includes:
(a)one truck suitable for hauling grain;
(b)one header trailer or one combine trailer; and
(c)pickup trucks used by the resident in the resident’s business of custom combining.
(3)When used to transport agricultural products, a truck authorized to be used under a custom combiner’s special permit may be operated only within a 100-mile radius from the harvested field to the point of first unloading. The truck may not haul agricultural products from one commercial elevator to another commercial elevator. The truck may be operated on any highway, except an interstate highway, as defined in 60-1-103, without incurring excess weight penalties under 61-10-145 if the total gross weight of the truck does not exceed allowable weight limitations by more than 20% for each axle and the maximum load for each inch of tire width does not exceed 670 pounds. A trip permit is not required. If the truck exceeds the tolerance provided under this subsection, the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107.
(4)A combine trailer authorized to be used under subsection (1)(b) or (2)(b) may be operated under the same limitations, except that the 100-mile limitation does not apply and the combine trailer may be used upon any highway of the state, including an interstate highway, as defined in 60-1-103. If the combine trailer exceeds the tolerance provided under subsection (3), the fine or penalty imposed applies to all weight over the legal limit allowed by 61-10-107.
(5)The fee required by this section must be collected by the department of transportation. Upon payment of the fee, the department of transportation shall provide an identifying device to be displayed on each truck, header trailer, or combine trailer and other equipment used by the nonresident or resident in the person‘s business of custom combining in the state. The device is valid for the calendar year in which the fee is collected.
(6)All fees collected under this section must be distributed not later than January 31 immediately following the period of licensure as follows:
(a)62 1/2% to the state general fund; and
(b)37 1/2% to the state special revenue fund for the department of transportation.
(7)The identifying devices and fee paid for each unit are not transferable from one vehicle to another or transferable on the sale or change of ownership.
(8)The department of transportation may adopt rules, as provided in Title 2, chapter 4, to implement the provisions of this section.