Terms Used In Montana Code > Title 61 > Chapter 8 > Part 8 - Commercial Motor Vehicle Safety

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
• Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
• Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
• 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.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• 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

• Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• 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
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. 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
• 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
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• 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
• Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Venue: The geographical location in which a case is tried.
• ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101