Montana Code 61-3-716. Proportional registration of fleet motor vehicles
61-3-716. Proportional registration of fleet motor vehicles. (1) If a jurisdiction permits or requires the licensing of fleets of motor vehicles, trailers, semitrailer, or pole trailers in interstate or combined interstate and intrastate commerce and payment of registration fees, license fees, taxes, or other fixed fees on those motor vehicles, trailers, semitrailers, or pole trailers on an apportionment basis commensurate with and determined by the miles traveled on and the use made of the jurisdiction’s highways as compared with the miles traveled on and the use made of other jurisdiction’s highways or any other equitable basis of apportionment and if the jurisdiction exempts motor vehicles, trailers, semitrailers, or pole trailers registered in any other jurisdiction under this apportionment basis from the requirements of full payment of its own registration, license fees, taxes, or other fixed fees, then the department may, by agreement, adopt exemptions with respect to motor vehicles, trailers, semitrailers, or pole trailers of these fleets, whether owned by residents or nonresidents of this state and regardless of where they are based. An agreement, under the terms, conditions, or restrictions that the department considers proper, may provide that owners of motor vehicles, trailers, semitrailers, or pole trailers operated in interstate or combined interstate and intrastate commerce in this state be permitted to pay registration, license fees, taxes, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on and the use made of the highways of this state as compared with the use made of the highways of other jurisdictions or any other equitable basis of apportionment. This agreement may not authorize or be construed to authorize a motor vehicle, trailer, semitrailer, or pole trailer so registered to be operated in intrastate commerce in this state unless the owner of the motor vehicle, trailer, semitrailer, or pole trailer has been granted intrastate authority or rights by the public service commission if a grant is otherwise required by law.
Terms Used In Montana Code 61-3-716
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- Owner: means each person who holds the legal title to a vehicle. 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
- 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
- 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
(2)The department of transportation may adopt rules that it considers necessary to carry out and administer this section, and the registration of fleet motor vehicles, trailers, semitrailers, or pole trailers under 61-3-711 through 61-3-733 is subject to the rights, terms, and conditions granted by or contained in any applicable agreement, arrangement, or declaration made by the department. The department of transportation shall adopt rules providing for a change of registration period for a fleet in a case in which the owner of the fleet requests that the registration period be changed to coincide with the registration period of one or more other fleets in the same ownership.