Montana Code 61-3-712. Definitions
61-3-712. Definitions. As used in 61-3-711 through 61-3-733 the following definitions apply:
Terms Used In Montana Code 61-3-712
- Commission: means the state transportation commission. 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
- For hire: means an action performed for remuneration of any kind, whether paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service. See Montana Code 61-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- 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
- 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
- Several: means two or more. See Montana Code 1-1-201
- 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
- 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
(1)”Apportionable motor vehicle” means a motor vehicle, trailer, semitrailer, or pole trailer that is used or intended for use in more than one jurisdiction and that is used for the transportation of persons for hire, compensation, or profit or designed or used primarily for the transportation of property.
(2)”Fleet” means one or more apportionable motor vehicles.
(3)”Jurisdiction” means and includes a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, and a state or province of a foreign country.
(4)”Legal residence” means a jurisdiction where the person lives or conducts business. This residence need not be coupled with the intent to live or conduct the business there on a permanent basis. The use of the word “residence” in 61-3-711 through 61-3-733 must be confined to the definition given and may not be confused with the word “domicile”. This definition of “residence” further recognizes that a person may have several residences, but only one domicile.
(5)”Preceding year” means a period of 12 consecutive months fixed by the department of transportation, which period must be within 18 months immediately preceding the commencement of the registration or license year for which proportional registration is sought. The department in fixing the period shall conform the period to the terms, conditions, and requirements of any applicable agreement or arrangements for the proportional registration of motor vehicles, trailers, semitrailers, or pole trailers.
(6)(a) “Properly registered”, as applied to place of registration, means:
(i)the jurisdiction where the person registering the motor vehicle, trailer, semitrailer, or pole trailer has the person’s legal residence;
(ii)in the case of an apportionable motor vehicle, the jurisdiction in which it is registered if the enterprise in which the motor vehicle, trailer, semitrailer, or pole trailer is used has a place of business in the jurisdiction and if the motor vehicle, trailer, semitrailer, or pole trailer is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from the place of business and the motor vehicle, trailer, semitrailer, or pole trailer has been assigned to the place of business; or
(iii)in the case of an apportionable motor vehicle, the jurisdiction where because of an agreement or arrangement between two or more jurisdictions or pursuant to a declaration the motor vehicle, trailer, semitrailer, or pole trailer has been registered as required by that jurisdiction.
(b)In case of doubt or dispute as to the proper place of registration of a motor vehicle, trailer, semitrailer, or pole trailer, the transportation commission shall make the final determination, but in making the determination, the commission may confer with departments of the other jurisdictions affected.