Terms Used In Montana Code > Title 61 > Chapter 9 - Vehicle Equipment

• Authorized emergency vehicle: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• 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
• Bus: means a motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any other motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. 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
• 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.
• 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

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
• Emergency service vehicle: means an emergency service vehicle of a state, county, or municipal department or a public service vehicle, commercial tow truck, or commercial road service truck, which by the nature of its operation causes a vehicular traffic hazard. See Montana Code 61-9-102
• 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.
• Explosives: means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases so that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Montana Code 61-9-102
• Farm tractor: means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Montana Code 61-9-102
• Fraud: Intentional deception resulting in injury to another.
• 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
• Implement of husbandry: means a vehicle that is designed for agricultural purposes and exclusively used by the owner of the vehicle in the conduct of the owner's agricultural operations. See Montana Code 61-1-101
• 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
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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

• 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 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

• Motor-driven cycle: means a motorcycle, including a motor scooter, with a motor that produces 5 horsepower or less. 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
• 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• 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
• 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 vehicle: has the meaning as provided in 61-8-102. See Montana Code 61-9-102
• 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
• 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
• Right-of-way: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• 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
• school bus: has the meaning provided in 49 C. 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
• 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
• Statute: A law passed by a legislature.
• 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

• 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
• 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
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203