Terms Used In Montana Code > Title 61 > Chapter 8 > Part 9 - Professional Tow Trucks

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Boom: means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load. See Montana Code 61-8-903
• 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
• Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
• Dependent: A person dependent for support upon another.
• Driver: means a person who drives or is in actual physical control of a vehicle. 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}
• 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
• 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: 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
• 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
• Letter of appointment: means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908. See Montana Code 61-8-903
• Local government: means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic. See Montana Code 61-8-903
• 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 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 an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
• 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.
• 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
• Property: means real and personal property. See Montana Code 1-1-205
• Qualified tow truck operator: means a commercial tow truck operator:

  (i)that has equipment that:

  (A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and

  (B)has been classified in accordance with 61-8-905;

  (ii)that participates in the law enforcement rotation system provided for in 61-8-908;

  (iii)that meets the requirements of subsection (6)(b); and

  (iv)that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903

• Roadway: means the portion of a highway that is improved, designed, or ordinarily used for vehicular travel, including the paved shoulder. See Montana Code 61-8-102
• Rotation area: means the base area where a qualified tow truck operator is dispatched and operates. See Montana Code 61-8-903
• 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
• 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
• 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
• 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