Montana Code 61-4-102. Dealer plates — restriction of use — fees
61-4-102. Dealer plates — restriction of use — fees. (1) Except as provided in subsection (2), the department shall furnish a dealer licensed under this part with one or more sets of numbered dealer plates in accordance with the provisions of this section.
Terms Used In Montana Code 61-4-102
- 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
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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 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
- 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
- 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
- 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)Dealer plates may not be issued to a new or used dealer whose business is restricted to the sale of motorcycles, power sports vehicles, or trailers.
(3)(a) In addition to the fees required under the provisions of 61-4-101 and 61-4-124, an applicant for a dealer’s license shall pay an annual fee of $25 for each set of numbered dealer plates requested and issued.
(b)The number of dealer plates that may be issued to a dealer must be determined as follows:
(i)a dealer is entitled to one set of dealer plates upon the issuance of an original license or a renewed license;
(ii)an applicant qualified for a license renewal is entitled to additional sets of numbered plates based on the following formula:
(A)5% of the first 100 motor vehicle sales for the previous year; plus
(B)3% of the next 100 motor vehicle sales for the previous year; plus
(C)2% of motor vehicle sales in excess of 200 for the previous year; and
(iii)a dealer is entitled to additional sets of dealer plates during a license term as the dealer’s sales incrementally meet or exceed the requirements of the formula established in subsection (3)(b)(ii). However, the aggregate number of sets of dealer plates issued to a dealer under this subsection (3)(b)(iii) may not exceed the combined number allowed under subsections (3)(b)(i) and (3)(b)(ii).
(4)(a) A dealer is authorized to use and display dealer plates on a motor vehicle, except a motorcycle, held for bona fide sale by the dealer and that is operated by or under the control of the dealer, the dealer’s spouse, officers, or employees.
(b)For purposes of this subsection (4):
(i)the term “officers” includes only the persons listed on the manufacturer‘s franchise agreement or the importer’s distribution agreement and the term “employees” means persons upon whom the dealer has paid social security taxes as a full-time employee; and
(ii)the display of a Monroney label or a buyer’s guide label, as required by 61-4-123(2), on a motor vehicle bearing dealer plates is prima facie evidence that the motor vehicle is offered for bona fide sale by the dealer.
(5)Dealer plates may not be used or displayed on motor vehicles used for hire, lease, or rental.
(6)(a) A dealer is accountable for each set of numbered dealer plates issued and, except as provided in subsection (6)(b), shall file an annual report with the department certifying the disposition of each set of dealer plates assigned to the dealer and specifying the name, address, and occupation of the person primarily using each set of plates.
(b)Upon reassignment of one or more sets of dealer plates to another person, within 15 days of the reassignment, the dealer shall notify the department, in a manner prescribed by the department, of the name, address, and occupation of the person to whom the plates were assigned.