Montana Code 61-3-321. Registration fees of vehicles and vessels — certain vehicles exempt from registration fees — disposition of fees — definition
61-3-321. Registration fees of vehicles and vessels — certain vehicles exempt from registration fees — disposition of fees — definition. (1) Except as otherwise provided in this section, registration fees must be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft, trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).
Terms Used In Montana Code 61-3-321
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Dealer: means a person that, for commission or profit, engages in whole or in part in the business of buying, selling, exchanging, or accepting on consignment new or used motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, off-highway vehicles, or special mobile equipment that is not registered in the name of the person. See Montana Code 61-1-101
- Declared weight: means the total unladen weight of a vehicle plus the weight of the maximum load to be carried on the vehicle as stated by the registrant in the application for registration. See Montana Code 61-1-101
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Golf cart: means a motor vehicle that is designed for use on a golf course to carry a person or persons and golf equipment and that has an average speed of less than 15 miles per hour. See Montana Code 61-1-101
- Light vehicle: means a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less. See Montana Code 61-1-101
- Low-speed electric vehicle: means a motor vehicle, on or by which a person may be transported, that:
(a)has four wheels;
(b)has a maximum speed of at least 20 miles an hour and no greater than 40 miles an hour as certified by the manufacturer;
(c)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;
(d)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;
(e)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;
(f)exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565; and
(g)is equipped as provided in 61-9-432. See Montana Code 61-1-101
- Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
- Motor home: means a motor vehicle:
(a)designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;
(b)containing permanently installed independent life support systems that meet the NFPA 1192 standard on recreational vehicles; and
(c)providing at least four of the following types of facilities:
(i)cooking, refrigeration, or icebox;
(ii)self-contained toilet;
(iii)heating or air conditioning, or both;
(iv)potable water supply, including a faucet and sink; or
(v)separate 110-volt or 125-volt electrical power supply or a liquefied petroleum gas supply, or both. 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
- Motorboat: means a vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. See Montana Code 61-1-101
- Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
- Off-highway vehicle: means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. See Montana Code 61-1-101
- Owner: means each person who holds the legal title to a vehicle. 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
- Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 61-1-101
- Pole trailer: means a vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections. See Montana Code 61-1-101
- Property: means real and personal property. See Montana Code 1-1-205
- Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. See Montana Code 61-1-101
- register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. See Montana Code 61-1-101
- Retail sale: means the sale of a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment by a dealer to a person for purposes other than resale. See Montana Code 61-1-101
- Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 61-1-101
- Semitrailer: 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 some part of its weight and that of its load rests on or is carried by another vehicle. See Montana Code 61-1-101
- Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, that is designed primarily for travel on snow or ice, that may be steered by skis or runners, and that is not otherwise registered or licensed under the laws of the state of Montana. 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
- Travel trailer: means a vehicle:
(a)that is 46 feet or less in length;
(b)that is of a size or weight that does not require special permits when towed by a motor vehicle; and
(c)that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence. See Montana Code 61-1-101
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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
- Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 61-1-101
(2)(a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered under 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for logging trucks that weigh 1 ton or less is as follows:
(i)if the vehicle is 4 or less years old, $217;
(ii)if the vehicle is 5 through 10 years old, $87; and
(iii)if the vehicle is 11 or more years old, $28.
(b)For a light vehicle with a manufacturer‘s suggested retail price of more than $150,000 that is 10 years old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.
(3)(a) Except as provided in subsections (3)(b) and (15), the one-time registration fee based on the declared weight of a trailer, semitrailer, or pole trailer is as follows:
(i)if the declared weight is less than 6,000 pounds, $61.25; or
(ii)if the declared weight is 6,000 pounds or more, $148.25.
(b)For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the annual registration fee based on the declared weight is as follows:
(i)if the declared weight is less than 6,000 pounds, $30; or
(ii)if the declared weight is 6,000 pounds or more, $60.
(4)Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and operated solely as collector’s items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:
(a)2,850 pounds and over, $10; and
(b)under 2,850 pounds, $5.
(5)(a) Except as provided in subsections (5)(b) and (15), the one-time registration fee for off-highway vehicles other than a quadricycle or motorcycle is $61.25.
(b)Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is affixed to an off-highway vehicle other than a quadricycle or motorcycle, the one-time registration fee is $41.25.
(6)The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is $22.75.
(7)(a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on the age of the motor home, is as follows:
(i)less than 2 years old, $282.50;
(ii)2 years old and less than 5 years old, $224.25;
(iii)5 years old and less than 8 years old, $132.50; and
(iv)8 years old and older, $97.50.
(b)The owner of a motor home that is 11 years old or older and that is subject to the registration fee under this section may permanently register the motor home upon payment of:
(i)a one-time registration fee of $237.50;
(ii)unless a new set of license plates is being issued, an insurance verification fee of $5, which must be deposited in the account established under 61-6-158;
(iii)if applicable, five times the renewal fees for personalized license plates under 61-3-406; and
(iv)if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate license plate under 61-3-465.
(c)For a motor home with a manufacturer’s suggested retail price of more than $300,000 that is 10 years old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.
(8)(a) (i) Except as provided in subsections (8)(b), (8)(c), and (15), the one-time registration fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.
(ii)An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.
(b)(i) The annual registration fee for motorcycles and quadricycles registered for use on the public highways under 61-3-701 is $44.
(ii)The annual registration fee for motorcycles and quadricycles registered for off-highway use under 61-3-701 is $44.
(iii)The annual registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways under 61-3-701 is $88.
(iv)An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for in 20-25-1002.
(c)Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered for:
(i)use on the public highways is $33.25; and
(ii)both off-road use and for use on the public highways is $94.50.
(9)Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the length of the travel trailer, is as follows:
(a)under 16 feet in length, $72; and
(b)16 feet in length or longer, $152.
(10)Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat, personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:
(a)for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length, $65.50;
(b)for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in length, $125.50; and
(c)for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.
(11)(a) Except as provided in subsections (11)(b), (11)(c), and (15), the one-time registration fee for a snowmobile is $60.50.
(b)Whenever a valid winter trail pass issued pursuant to 23-2-636 is affixed to a snowmobile, the one-time registration fee is $40.50.
(c)(i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose of daily rental to customers is assessed:
(A)a fee of $40.50 in the first year of registration; and
(B)if the business reregisters the snowmobile for a second year, a fee of $20.
(ii)If the business reregisters the snowmobile for a third year, the snowmobile must be permanently registered and the business is assessed the registration fee imposed in subsection (11)(a).
(12)(a) The one-time registration fee for a low-speed electric vehicle is $25.
(b)The one-time registration fee for a golf cart that is owned by a person who has or is applying for a low-speed restricted driver‘s license is $25.
(c)The one-time registration fee for golf carts authorized to operate on certain public streets and highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal, which must be displayed visibly on the golf cart.
(13)(a) Except as provided in subsection (13)(b), a fee of $12 must be collected when a new set of standard license plates, a new single standard license plate, or a replacement set of special license plates required under 61-3-332 is issued. The fee imposed under this subsection (13)(a) does not apply when previously issued license plates are transferred under 61-3-335. All registration fees imposed under this section must be paid if the vehicle to which the plates are transferred is not currently registered.
(b)An additional fee of $16 must be collected if a vehicle owner elects to keep the same license plate number from license plates issued before January 1, 2010, when replacement of those plates is required under 61-3-332(3).
(c)The fees imposed in this subsection (13) must be deposited in the account established under 61-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.
(14)The provisions of this part with respect to the payment of registration fees do not apply to and are not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or controlled by the United States of America or any state, county, city, or special district, as defined in 18-8-202, or to a vehicle or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a), (1)(d), (1)(e), (1)(g), (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203, or 15-6-215, except as provided in 61-3-520.
(15)Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle, quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile, motor vehicle owned and operated solely as a collector’s item pursuant to 61-3-411, or low-speed electric vehicle is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the fees imposed under this section.
(16)A person eligible for a waiver under 61-3-460 is exempt from the fees required under this section.
(17)Except as otherwise provided in this section, revenue collected under this section must be deposited in the state general fund.
(18)The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the enumerated vehicles or vessels that constitute inventory of the dealership.
(19)(a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of $9 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. Of the $9 fee:
(i)$6.74 must be deposited in the state special revenue account established in 23-1-105 and used for state parks;
(ii)50 cents must be deposited in an account in the state special revenue fund to the credit of the department of fish, wildlife, and parks and used for fishing access sites;
(iii)$1.37 must be deposited in the trails and recreation facilities state special revenue account established in 23-2-108; and
(iv)39 cents must be deposited in the Montana heritage preservation and development account established in 22-3-1004 and used for the operation of state-owned facilities at Virginia City and Nevada City.
(b)A person who registers a light vehicle may, at the time of annual registration, certify that the person does not intend to use the vehicle to visit state parks and fishing access sites and may make a written election not to pay the additional $9 fee provided for in subsection (19)(a). If a written election is made, the fee may not be collected.
(c)(i) A person who registers one or more light vehicles may, at the time of annual registration, certify that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may make a written election not to pay the additional $9 fee provided for in subsection (19)(a). If a written election is made, the fee may not be collected at any subsequent annual registration unless the person makes the written election to pay the additional fee on one or more of the light vehicles.
(ii)The written election not to pay the additional fee on a light vehicle expires if the vehicle is registered to a different person.
(20)For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle, quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be collected and forwarded to the state for deposit in the account established in 44-1-504.
(21)(a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of transportation and must be allocated as provided in 60-3-309.
(b)A person who registers one or more light vehicles may, at the time of annual registration, make a written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).
(22)This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by 61-3-721.
(23)(a) The $800 and $825 amounts collected based on the manufacturer’s suggested retail price in subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle division administration account established in 61-3-112.
(b)By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current fiscal year appropriation for the account established in 61-3-112.
(24)For the purposes of this section, “manufacturer’s suggested retail price” means the price suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and first made available for retail sale by the manufacturer.