Terms Used In Montana Code > Title 61 > Chapter 11 - Records and Reports of Convictions

• 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
• 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
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. See Montana Code 61-11-203
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
• Disclose: means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record. See Montana Code 61-11-503
• Driver: means a person who drives or is in actual physical control of a vehicle. 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.
• Express consent: means an affirmative authorization given in writing by a person to whom personal information pertains that specifically allows the department to release personal information to another person, organization, or entity. See Montana Code 61-11-503
• Fraud: Intentional deception resulting in injury to another.
• Habitual traffic offender: means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2). See Montana Code 61-11-203
• Highly restricted personal information: means an individual's photograph or image, social security number, or medical or disability information. See Montana Code 61-11-503
• 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.
• License: means any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Motor carrier: means a person or corporation or its lessees, trustees, or receivers appointed by a court that are operating motor vehicles on a public highway in this state for the transportation of property for hire on a commercial basis. 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
• 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
• Owner: means each person who holds the legal title to a vehicle. 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
• Personal information: means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information. See Montana Code 61-11-503
• 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
• Record: includes all books, papers, photographs, photostats, cards, film, tapes, recordings, electronic data, printouts, or other documentary materials, regardless of physical form or characteristics. See Montana Code 61-11-503
• 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
• Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. 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
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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
• 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
• Traffic regulation: includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. See Montana Code 61-11-203
• 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
• Under the influence: has the meaning provided in 61-8-1001. 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
• Writing: includes printing. See Montana Code 1-1-203