Montana Code 61-3-725. Withdrawal of fleet motor vehicles — procedure, credits, and accounting
61-3-725. Withdrawal of fleet motor vehicles — procedure, credits, and accounting. (1) If a motor vehicle, trailer, semitrailer, or pole trailer is withdrawn from a proportionally registered fleet during the period for which it is registered, the owner of the fleet shall notify the department of transportation of that fact on forms prescribed by the department. The department may require the owner to surrender proportional registration cards and other identification devices that have been issued with respect to that motor vehicle, trailer, semitrailer, or pole trailer. If a motor vehicle, trailer, semitrailer, or pole trailer is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the unused portion of the gross vehicle weight fees paid with respect to that motor vehicle, trailer, semitrailer, or pole trailer must be credited to the proportional registration account of the owner. This unused portion equals the amount paid with respect to the motor vehicle, trailer, semitrailer, or pole trailer when it was first proportionally registered in the registration period, reduced by one-twelfth of the total annual gross vehicle weight fee of the motor vehicle, trailer, semitrailer, or pole trailer for each calendar month and fraction of a month elapsing between the first day of the month of the current period in which the motor vehicle, trailer, semitrailer, or pole trailer was registered and the date the notice of withdrawal is received by the department. This credit must be applied against liability for additional fees due during the registration period or for additional fees due upon audit under 61-3-728. If a credit is less than $5, it may not be made or entered. A credit may not be taken against fees other than those for the registration period and is not subject to refund.
Terms Used In Montana Code 61-3-725
- 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
- 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
- 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)If the owner replaces a motor vehicle, trailer, semitrailer, or pole trailer withdrawn from the fleet at the same time as the withdrawal and the replacement motor vehicle, trailer, semitrailer, or pole trailer is of the same or of a lesser weight category than the one withdrawn, the gross vehicle weight fees are transferable to the replacement motor vehicle, trailer, semitrailer, or pole trailer. If the transfer is to a smaller motor vehicle, trailer, semitrailer, or pole trailer, a credit may not be given or entered.