Montana Code > Title 61 > Chapter 1 – Definitions

		Sections
Part 1	Vehicles	§ 61-1-101 – § 61-1-142

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Terms Used In Montana Code > Title 61 > Chapter 1 - Definitions

Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
Autocycle: means a three-wheeled motorcycle that is equipped with safety belts, roll bars or roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it. See Montana Code 61-1-101
Business entity: means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law. See Montana Code 61-1-101
Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
CDLIS driver record: means the electronic record of a person's commercial driver's license status and history stored as part of the commercial driver's license system established under 49 U. See Montana Code 61-1-101
Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

(i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

(ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

(iii)is designed to transport at least 16 passengers, including the driver;

(iv)is a school bus; or

(v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101
Commission: means the state transportation commission. See Montana Code 61-1-101
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Custom vehicle: means a motor vehicle other than a motorcycle that:

(a)(i) was manufactured with a model year after 1948 and that is at least 25 years old; or

(ii)was built to resemble a vehicle manufactured after 1948 and at least 25 years before the current calendar year, including a kit vehicle intended to resemble a vehicle manufactured after 1948 and that is at least 25 years old; and

(b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101
Custom-built motorcycle: means a motorcycle that is equipped with:

(a)an engine that was manufactured 20 years prior to the current calendar year and that has been altered from the manufacturer's original design; or

(b)an engine that was manufactured to resemble an engine 20 or more years old and that has been constructed in whole or in part from nonoriginal materials. See Montana Code 61-1-101
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
Donor: The person who makes a gift.
Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
Electric personal assistive mobility device: means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour. 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}
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.
farmer: means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person;

(ii)"gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;

(iii)"gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; and

(iv)"school bus" has the meaning provided in 49 C. 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
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
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
Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. 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.
Kit vehicle: is a motor vehicle assembled from a manufactured kit either as:

(a)a complete kit, consisting of a prefabricated body and chassis, to construct a new motor vehicle; or

(b)a kit with a prefabricated body to be mounted to an existing motor vehicle chassis and drivetrain, commonly referred to as a donor vehicle. 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}
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
Medium-speed electric vehicle: is a motor vehicle, on or by which a person may be transported, that:

(i)has a maximum speed of 45 miles an hour as certified by the manufacturer;

(ii)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

(iii)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

(iv)is fully enclosed and includes at least one door for entry;

(v)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

(vi)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;

(vii)bears a sticker, affixed by the manufacturer or dealer, on the left side of the rear window that indicates the vehicle's maximum speed rating; and

(viii)as certified by the manufacturer, is equipped as provided in 61-9-432. See Montana Code 61-1-101
Montana resident: means :

(a)an individual who resides in Montana as determined under 1-1-215; or

(b)for the purposes of chapter 3, a business entity that maintains a principal place of business or a registered agent in this state. See Montana Code 61-1-101
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
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
Motorized nonstandard vehicle: means a vehicle, on or by which a person may be transported, that:

(i)is propelled by its own power, using an internal combustion engine or an electric motor;

(ii)has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

(iii)does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565. See Montana Code 61-1-101
motortruck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Montana Code 61-1-101
New motor vehicle: means a motor vehicle, regardless of the mileage of the vehicle, the legal or equitable title to which has never been transferred by a manufacturer, distributor, or dealer to another person as the result of a retail sale. See Montana Code 61-1-101
Nonresident: means a person who is not a Montana resident. 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
Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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
Police officer: means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
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
Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. 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
Registration decal: means an adhesive sticker produced by the department and issued by the department, its authorized agent, or a county treasurer to the owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat, personal watercraft, or snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department under 61-3-101. See Montana Code 61-1-101
Registration receipt: means a paper record that is produced and issued or, if authorized by the department, an electronic record that is transmitted by the department, its authorized agent, or a county treasurer to the owner of a vehicle that identifies a vehicle, based on information maintained in the electronic record of title for the vehicle, and that provides evidence of the payment of all fees required to be paid for the registration of the vehicle for the registration period indicated in the receipt. 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
Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. 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
school bus: has the meaning provided in 49 C. See Montana Code 61-1-101
School zone: means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d). See Montana Code 61-1-101
Sell: means to transfer ownership from one person to another person or from a dealer to another person for consideration. 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
Special mobile equipment: means a vehicle not designed for the transportation of persons or property on the highways but incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch-digging apparatus, and well-boring apparatus. See Montana Code 61-1-101
Specially constructed vehicle: means a motor vehicle, including a motorcycle, that:

(i)was not originally constructed under a distinctive make, model, or type by a generally recognized manufacturer of motor vehicles;

(ii)has been structurally modified so that it does not have the same appearance as similar vehicles from a generally recognized manufacturer of motor vehicles;

(iii)has been constructed or assembled entirely from custom-built parts and materials not obtained from other vehicles;

(iv)has been constructed or assembled by using major component parts from one or more manufactured vehicles and that cannot be identified as a specific make or model; or

(v)has been constructed by the use of a kit that cannot be visually identified as a specific make or model. See Montana Code 61-1-101
Sport utility vehicle: means a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use. 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
Storage lot: means property owned, leased, or rented by a dealer that is not contiguous to the dealer's established place of business where a motor vehicle from the dealer's inventory may be placed when space at the dealer's established place of business is not available. See Montana Code 61-1-101
Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
Street rod: means a motor vehicle, other than a motorcycle, that:

(a)was manufactured prior to 1949 or was built to resemble a vehicle manufactured before 1949, including a kit vehicle intended to resemble a vehicle manufactured before 1949; and

(b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101
Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
Temporary registration permit: means a paper record:

(a)issued by the department, an authorized agent, a county treasurer, or a person, using a department-approved electronic interface after an electronic record has been transmitted to the department, that contains:

(i)required vehicle and owner information; and

(ii)the purpose for which the record was generated; and

(b)that, when placed in a durable license-plate style plastic pouch approved by the department and displayed as prescribed in 61-3-224, authorizes a person to operate the described motor vehicle, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for:

(i)40 days from the date the record is issued or until the vehicle is registered under Title 23 or this title, whichever first occurs; or

(ii)90 days from the date the record is issued for a permit issued pursuant to 61-3-303(4)(b). See Montana Code 61-1-101
Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. 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
train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
Transaction summary receipt: means an electronic record produced and issued by the department, its authorized agent, or a county treasurer for which a paper receipt is issued. 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
Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Montana Code 61-1-101
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
Used motor vehicle: includes any motor vehicle that has been sold, bargained, exchanged, or given away or had its title transferred from the person who first took title to it from the manufacturer, importer, dealer, wholesaler, or agent of the manufacturer or importer and that has been used so as to have become what is commonly known as "secondhand" within the ordinary meaning of that term. See Montana Code 61-1-101
Van: means a motor vehicle designed for the transportation of at least six persons and not more than nine persons and intended for but not limited to family or personal transportation without compensation. 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
Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. 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
Wholesaler: means a person that for a commission or with intent to make a profit or gain of money or other thing of value sells, exchanges, or attempts to negotiate a sale or exchange of an interest in a used motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment only to dealers and auto auctions licensed under chapter 4, part 1. See Montana Code 61-1-101