Terms Used In Montana Code > Title 7 > Chapter 3 > Part 3 - Commission-Manager Government

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Aircraft: has the meaning provided in 67-1-101. See Montana Code 61-2-502
• Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 61-2-502
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• Authorized agent agreement: means the written agreement executed between an authorized agent and the department that sets the technical and operational program standards, compliance criteria, payment options, and service expectations by which the authorized agent is required to operate in performing specific motor vehicle or driver-related record functions. See Montana Code 61-1-101
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 61-2-502
• Broker: means a person:

  (a)who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or

  (b)who represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle by negotiating purchases, contracts, sales, or exchanges on behalf of another and who does not store, display, or take ownership of a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131

• 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
• 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
• 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
• 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
• Community: means the relevant market area of a franchise. See Montana Code 61-4-201
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal 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.
• 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

• Customary: means according to usage. See Montana Code 1-1-206
• Customer identification number: means :

  (a)a driver's license or identification card number when the customer is an individual who has been issued a driver's license or identification card by a state driver licensing authority;

  (b)a federal employer or tax identification number when the customer is a business entity that has been issued a federal employer or tax identification number;

  (c)the identification number assigned by the secretary of state to a business entity authorized to do business in this state under Title 35 if the customer is a business entity that does not have a federal employer or tax identification number other than a social security number; or

  (d)if the customer has not been issued one of the numbers described in subsections (14)(a) through (14)(c), a number assigned to the customer by the department when a transaction is initiated under this title. See Montana Code 61-1-101

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Declared weight: means the total unladen weight of a vehicle plus the weight of the maximum load to be carried on the vehicle as stated by the registrant in the application for registration. 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
• Department: means the department of transportation provided for in 2-15-2501. See Montana Code 61-2-502
• Designated family member: means the spouse, child, grandchild, parent, brother, or sister of a new motor vehicle dealer, as defined in 61-4-201, who:

  (i)in the case of a deceased dealer:

  (A)is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or

  (B)has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or

  (ii)in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property. See Montana Code 61-4-131

• Distribute: means to sell new motor vehicles other than at retail or to enter into a franchise agreement authorizing a dealer to buy new motor vehicles for resale or to service motor vehicles under a manufacturer's or distributor's warranty. See Montana Code 61-4-201
• Distributor branch: means a branch office maintained or availed of by a distributor or wholesaler for the sale of a line-make of new motor vehicles to new motor vehicle dealers in this state for directing or supervising its representatives in this state. See Montana Code 61-4-201
• Domiciled: means a place where:

  (a)an individual establishes residence;

  (b)a business entity maintains its principal place of business;

  (c)the business entity's registered agent maintains an address; or

  (d)a business entity most frequently uses, dispatches, or controls a motor vehicle, trailer, semitrailer, or pole trailer that it owns or leases. 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
• Electric vehicle: means a vehicle that:

  (i)is originally equipped with a 100%-electric motor that draws propulsion energy solely from a battery with at least 20 kilowatt hours of capacity that can be recharged from an external source of electricity;

  (ii)has at least four wheels; and

  (iii)is manufactured primarily for use on public streets, roads, and highways. See Montana Code 61-3-571

• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 61-2-502
• Emergency medical service: means an out-of-hospital treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit. See Montana Code 61-2-502
• 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}
• Established place of business: means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a person licensed under this part. See Montana Code 61-4-131
• 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.
• Factory branch: means a branch office maintained or availed of by a manufacturer for the sale of a line-make of new motor vehicles to distributors or for the sale of new motor vehicles to new motor vehicle dealers in this state or for directing or supervising its representatives in this state. See Montana Code 61-4-201
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Franchise: means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:

  (a)a commercial relationship of definite duration or continuing indefinite duration is involved;

  (b)the franchisee is granted the right to:

  (i)offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or

  (ii)service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;

  (c)the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and

  (d)the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories. See Montana Code 61-4-201

• Franchisee: means a person who receives new motor vehicles from the franchisor under a franchise and who offers, sells, and services the new motor vehicles to and for the general public. See Montana Code 61-4-201
• Franchisor: means a person who manufactures, imports, or distributes new motor vehicles and who may enter into a franchise. See Montana Code 61-4-201
• Fraud: Intentional deception resulting in injury to another.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• 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
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• 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
• housetrailer: has the meaning provided in 15-24-201. See Montana Code 61-1-101
• Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Montana Code 61-4-201
• Intestate: Dying without leaving a will.
• 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

• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Line-make: means vehicles that are offered for sale, lease, or distribution under a common name, trademark, or service mark. See Montana Code 61-4-201
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• Manufacturer: means a person who manufactures or assembles a line-make of new motor vehicles and distributes them directly or indirectly through one or more distributors to one or more new motor vehicle dealers in this state or who manufactures or installs on previously assembled truck chassis special bodies or equipment that, when installed, forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, but does not include a person who installs a camper on a pickup truck. See Montana Code 61-4-201
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• 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

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• 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 vehicle: includes a motorboat and a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801. See Montana Code 61-4-201
• 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
• 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
• New motor vehicle: means a motor vehicle that has not been the subject of a retail sale regardless of the mileage of the vehicle. See Montana Code 61-4-201
• New motor vehicle dealer: means a person who buys, sells, exchanges, or offers or attempts to negotiate a sale or exchange or any interest in or who is engaged in the business of selling new motor vehicles under a franchise with the manufacturer of the new motor vehicles or used motor vehicles taken in trade on new motor vehicles. See Montana Code 61-4-201
• Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
• Nontransporting medical unit: means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. See Montana Code 61-2-502
• Not used for general transportation purposes: means the operation of a motor vehicle registered as a collector's item, a custom vehicle, a street rod, or a custom-built motorcycle to or from a car or motorcycle club activity or event or an exhibit, show, cruise night, or parade, or for other occasional transportation activity. 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.
• 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.
• Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 61-2-502
• 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
• Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 61-2-502
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plug-in hybrid electric vehicle: means a vehicle that:

  (a)is originally equipped so that the vehicle draws propulsion from an internal combustion engine and a battery with at least 5 kilowatt hours of capacity that can be recharged from an external source of electricity;

  (b)has at least four wheels; and

  (c)is manufactured primarily for use on public streets, roads, and highways. See Montana Code 61-3-571

• 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
• Power sports vehicle: includes a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Recreational vehicle: includes a motor home, travel trailer, or camper. 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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
• Retail sale: means the sale of a new motor vehicle. See Montana Code 61-4-201
• 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
• Several: means two or more. See Montana Code 1-1-201
• 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

• 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
• Statute: A law passed by a legislature.
• 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

• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• 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

• 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
• 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
• Trailer: has the meaning provided in 61-1-101 but does not include a trailer that has an unloaded weight of less than 500 pounds. See Montana Code 61-4-131
• 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
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transferee: means a person or entity that:

  (a)is in possession or control of a new motor vehicle dealer;

  (b)holds an ownership or signed contract interest in a new motor vehicle dealer;

  (c)is acting in a fiduciary capacity for a new motor vehicle dealer; or

  (d)is an heir, devisee, personal representative, beneficiary, successor, or assign of a new motor vehicle dealer. See Montana Code 61-4-201

• 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
• 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
• 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
• Usual: means according to usage. See Montana Code 1-1-206
• 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
• wholesaler: means a person who sells or distributes a line-make of new motor vehicles to new motor vehicle dealers in this state or who maintains distributor representatives in this state. See Montana Code 61-4-201
• 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