2017 Montana Legislature

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SENATE BILL NO. 336

INTRODUCED BY G. VANCE

 

AN ACT REVISING LAWS RELATING TO TEMPORARY REGISTRATION PERMITS; ALLOWING ISSUANCE OF A TEMPORARY REGISTRATION PERMIT IF THE OWNER CANNOT SURRENDER A PREVIOUSLY ASSIGNED TITLE; REQUIRING A COUNTY TREASURER TO ISSUE A TEMPORARY REGISTRATION PERMIT IN CERTAIN CIRCUMSTANCES; AND AMENDING SECTIONS 61-1-101, 61-3-224, 61-3-303, 61-3-317, AND 61-4-111, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 61-1-101, MCA, is amended to read:

     "61-1-101.  Definitions. As used in this title, unless the context indicates otherwise, the following definitions apply:

     (1)  (a) "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.

     (b)  For purposes of this subsection (1), "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.

     (2)  "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.

     (3)  "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.

     (4)  (a) "Business entity" means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law.

     (b)  The term does not include an individual.

     (5)  (a) "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. The term includes but is not limited to a cab-over, half cab-over, noncab-over, telescopic, and telescopic cab-over.

     (b)  The term does not include a truck canopy cover or topper.

     (6)  "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.S.C. 31309.

     (7)  "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.

     (8)  "Commercial driver's license" means:

     (a)  a driver's license issued under or granted by the laws of this state that authorizes a person to operate a class of commercial motor vehicle; or

     (b)  the privilege of a person to drive a commercial motor vehicle, whether or not the person holds a valid commercial driver's license.

     (9)  (a) "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.

     (b)  The following vehicles are not commercial motor vehicles:

     (i)  an authorized emergency vehicle:

     (A)  equipped with audible and visual signals as required under 61-9-401 and 61-9-402; and

     (B)  operated when responding to or returning from an emergency call or operated in another official capacity;

     (ii) a vehicle:

     (A)  controlled and operated by a farmer, family member of the farmer, or person employed by the farmer;

     (B)  used to transport farm products, farm machinery, or farm supplies to or from the farm within Montana within 150 miles of the farm or, if there is a reciprocity agreement with a state adjoining Montana, within 150 miles of the farm, including any area within that perimeter that is in the adjoining state; and

     (C)  not used to transport goods for compensation or for hire; or

     (iii) a vehicle operated for military purposes by active duty military personnel, a member of the military reserves, a member of the national guard on active duty, including personnel on full-time national guard duty, personnel in part-time national guard training, and national guard military technicians, or active duty United States coast guard personnel.

     (c)  For purposes of this subsection (9):

     (i)  "farmer" means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person;

     (ii) "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;

     (iii) "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; and

     (iv) "school bus" has the meaning provided in 49 CFR 383.5.

     (10) "Commission" means the state transportation commission.

     (11) "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.

     (12) "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.

     (13) "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 (13)(a) through (13)(c), a number assigned to the customer by the department when a transaction is initiated under this title.

     (14) (a) "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.

     (b)  The term does not include the following:

     (i)  receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court of competent jurisdiction;

     (ii) employees of the persons included in subsection (14)(b)(i) when engaged in the specific performance of their duties as employees; or

     (iii) public officers while performing or in the operation of their duties.

     (15) "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.

     (16) "Department" means the department of justice acting directly or through its duly authorized officers or agents.

     (17) "Dolly or converter gear" means a device consisting of one or two axles with a fifth wheel and trailer tongue used to support the forward end of a semitrailer, converting a semitrailer into a trailer.

     (18) "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.

     (19) "Downgrade" means the removal of a person's privilege to operate a commercial motor vehicle, as maintained by the department on the individual Montana driving record and the CDLIS driver record for that person.

     (20) "Driver" means a person who drives or is in actual physical control of a vehicle.

     (21) "Driver's license" means a license or permit to operate a motor vehicle issued under or granted by the laws of this state, including:

     (a)  any temporary license or instruction permit;

     (b)  the privilege of any person to drive a motor vehicle, whether or not the person holds a valid license;

     (c)  any nonresident's driving privilege;

     (d)  a motorcycle endorsement; or

     (e)  a commercial driver's license.

     (22) "Electric personal assistive mobility device" means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour.

     (23) "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.

     (24) (a) "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.

     (b)  Except as provided in 61-3-201, a golf cart is exempt from titling, registration, and mandatory liability insurance requirements under this title.

     (25) "Gross vehicle weight" means the weight of a vehicle without load plus the weight of any load on the vehicle.

     (26) "Hazardous material" means:

     (a)  any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under 49 CFR, part 172; or

     (b)  any quantity of a material listed as a select agent or toxin in 42 CFR, part 73.

     (27) "Highway" or "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.

     (28) "Highway patrol officer" means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

     (29) "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.

     (30) "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.

     (31) "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.

     (32) "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.

     (33) "Low-speed restricted driver's license" means a license or permit limited to the operation of a low-speed electric vehicle or a golf cart issued under or granted by the laws of this state, including:

     (a)  a temporary license or instruction permit;

     (b)  the privilege of a person to drive a low-speed electric vehicle or golf cart under the authority of 61-5-122, whether or not the person holds a valid driver's license; and

     (c)  a nonresident's similarly restricted driving privilege.

     (34) "Manufactured home" has the meaning provided in 15-24-201.

     (35) "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.

     (36) "Manufacturer's certificate of origin" means the original paper record produced and issued by the manufacturer of a vehicle or, if in a medium authorized by the department, an electronic record created and transmitted by the manufacturer of a vehicle to the manufacturer's agent or a licensed dealer. The record must establish the origin of the vehicle specifically described in the record and, upon assignment, transfers of ownership of the vehicle to the person or persons named in the certificate.

     (37) (a) "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.

     (b)  A medium-speed electric vehicle must be treated as a light vehicle for purposes of titling and registration under Title 61, chapter 3.

     (c)  A medium-speed electric vehicle may not have a gross vehicle weight in excess of 5,000 pounds.

     (38) "Mobile home" or "housetrailer" has the meaning provided in 15-24-201.

     (39) "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.

     (40) (a) "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. The term includes boats temporarily equipped with detachable motors or engines.

     (b)  The term does not include a vessel that has a valid marine document issued by the U.S. coast guard or any successor federal agency.

     (41) (a) "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.

     (b)  The term does not include motor carriers regulated under Title 69, chapter 12.

     (42) (a) "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. A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger.

     (b)  A motorcycle designed for use on highways is a motor vehicle unless otherwise prescribed.

     (c)  A motorcycle designed for off-road recreational use is an off-highway vehicle unless it has been modified to meet the equipment standards specified in chapter 9 and has been registered for highway use.

     (d)  The term does not include a tractor, a bicycle or a moped as defined in 61-8-102, a motorized nonstandard vehicle, or a two- or three-wheeled all-terrain vehicle that is used exclusively on private property.

     (43) (a) "Motor-driven cycle" means a motorcycle, including a motor scooter, with a motor that produces 5 horsepower or less.

     (b)  The term does not include a bicycle or a moped, as defined in 61-8-102, or a motorized nonstandard vehicle.

     (44) "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 ANSIA/A119.2 standard; 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.

     (45) (a) "Motorized nonstandard vehicle" means a vehicle, on or by which a person may be transported, that:

     (i)  is propelled by its own power, using an internal combustion engine or an electric motor;

     (ii) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

     (iii) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565.

     (b)  The term includes but is not limited to a motorized skateboard and a vehicle commonly known as a "pocket rocket".

     (c)  The term does not include a moped as defined in 61-8-102, an electric personal assistive mobility device, or a motorized wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person.

     (46) (a) "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.

     (b)  The term does not include a bicycle or a moped as defined in 61-8-102, an electric personal assistive mobility device, a motorized nonstandard vehicle, or a motorized wheelchair or other low-powered, mechanically propelled vehicle that is designed specifically for use by a physically disabled person and that is used as a means of mobility for that person.

     (47) "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.

     (48) "Nonresident" means a person who is not a Montana resident.

     (49) (a) "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.

     (b)  The term does not include operation of a motor vehicle for routine or ordinary household maintenance, employment, education, or other similar purposes.

     (50) (a) "Off-highway vehicle" means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. The term includes but is not limited to motorcycles, quadricycles, dune buggies, amphibious vehicles, air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

     (b)  The term does not include:

     (i)  vehicles designed primarily for travel on, over, or in the water;

     (ii) snowmobiles; or

     (iii) motor vehicles designed to transport persons or property on the highways unless the vehicle is used for off-road recreation on public lands.

     (51) "Operator" means a person who is in actual physical control of a motor vehicle.

     (52) "Owner" means a person who holds the legal title to a vehicle. If a vehicle is the subject of an agreement for the conditional sale of the vehicle with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or in the event a vehicle is subject to a lease, contract, or other legal arrangement vesting right of possession or control, for security or otherwise, or in the event a mortgagor of a vehicle is entitled to possession, then the owner is the person in whom is vested the right of possession or control.

     (53) "Person" means an individual, corporation, partnership, association, firm, or other legal entity.

     (54) "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.

     (55) "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.

     (56) "Police officer" means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

     (57) (a) "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 and a motor capable of producing not more than 50 horsepower.

     (b)  The term does not include golf carts.

     (58) "Railroad" means a carrier of persons or property on cars, other than streetcars, operated on stationary rails.

     (59) (a) "Railroad train" or "train" means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails.

     (b)  The term does not include streetcars.

     (60) "Recreational vehicle" includes a motor home, travel trailer, or camper.

     (61) "Registration" or "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.

     (62) "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.

     (63) "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.

     (64) "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.

     (65) "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. An application for a new license may be presented and acted on by the department after the expiration of the period of the revocation.

     (66) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event that a highway includes two or more separate roadways, the term refers to any roadway separately but not to all roadways collectively.

     (67) (a) "Sailboat" means a vessel that uses a sail and wind as its primary source of propulsion.

     (b)  The term does not include a canoe or kayak propelled by wind.

     (68) "School zone" means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d).

     (69) "Sell" means to transfer ownership from one person to another person or from a dealer to another person for consideration.

     (70) "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.

     (71) "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.

     (72) "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. The fact that equipment is permanently attached to a vehicle does not make the vehicle special mobile equipment. The enumeration in this subsection is partial and does not exclude other vehicles that are within the general terms of this subsection.

     (73) (a) "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.

     (b)  The term does not include a motor vehicle that has been repaired or restored to its original design by replacing parts.

     (74) (a) "Sport utility vehicle" means a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use.

     (b)  The term does not include trucks having a manufacturer's rated capacity of 1 ton or less.

     (75) (a) "Stop", when required, means complete cessation from movement.

     (b)  "Stop", "stopping", or "standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, highway patrol officer, or traffic control sign or signal.

     (76) "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.

     (77) "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.

     (78) "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.

     (79) "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.

     (80) "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(3)(b).

     (81) "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel.

     (82) (a) "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.

     (b)  The term does not include a mobile home or a manufactured home, as defined in 15-1-101.

     (83) "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. The record may be created by the department and transmitted to the owner of a vehicle, a secured party, or a lienholder. The record must contain a unique transaction record number and summarize and verify the electronic filing of the transaction described in the receipt on the electronic record of title maintained under 61-3-101.

     (84) "Travel trailer" means a vehicle:

     (a)  that is 40 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;

     (c)  with gross trailer area of less than 320 square feet; and

     (d)  that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence.

     (85) "Truck" or "motortruck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.

     (86) "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.

     (87) "Under the influence" has the meaning provided in 61-8-401.

     (88) "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.

     (89) "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.

     (90) (a) "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.

     (b)  The term does not include a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle that is designed specifically for use by a physically disabled person and that is used as a means of mobility for that person.

     (91) "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.

     (92) "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.

     (93) "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."

 

     Section 2.  Section 61-3-224, MCA, is amended to read:

     "61-3-224.  Temporary registration permit -- authority to adopt rules -- issuance -- placement -- fees. (1) The department may adopt rules governing the issuance of temporary registration permits. The rules must specify the purposes for which a temporary registration permit may be issued, including but not limited to issuance to:

     (a)  a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for operation of the vehicle or vessel prior to titling and registration of the vehicle or vessel under this chapter;

     (b)  the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number in order to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under 61-3-107 or 61-3-212;

     (c)  the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for the vehicle under this chapter;

     (d)  a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of residence;

     (e)  a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply fertilizer to agricultural lands into the state for special demonstration in this state;

     (f)  a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle that the financial institution has obtained following repossession;

     (g)  an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle by the insurer as a result of the settlement of an insurance claim; or

     (h)  a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road recreational use is equipped for use on the highways as prescribed in chapter 9 but the quadricycle or motorcycle designed for off-road recreational use is not registered or is only registered for off-road use in the nonresident's home state; or

     (i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances beyond the new owner's control, surrender a previously assigned certificate of title.

     (2)  (a) The department, an authorized agent, or a county treasurer may issue a temporary registration permit for any purpose authorized under the rules adopted by the department.

     (b)  An authorized agent or a county treasurer may issue a temporary registration permit without use of the department-approved electronic interface only if authorized by the department.

     (3)  A person, using a department-approved electronic interface, may issue a temporary registration permit for any purpose authorized under the rules adopted by the department.

     (4)  A temporary registration permit issued under this section must contain the following information:

     (a)  a temporary plate number as prescribed by the department;

     (b)  the expiration date of the temporary registration permit; and

     (c)  if required by the department, a description of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile, including year, make, model, and vehicle identification number, the name of the person from whom ownership of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile was transferred, the name, mailing address, and residence address of the person to whom ownership of the motor vehicle, trailer, semitrailer, pole trailer, motorboat, personal watercraft, sailboat, or snowmobile has been transferred, and the date of issuance.

     (5)  A temporary registration permit for:

     (a)  a motor vehicle, trailer, semitrailer, or pole trailer must be plainly visible and firmly attached to the rear exterior of the vehicle where a license plate is required to be displayed; and

     (b)  a motorboat, a sailboat that is 12 feet in length or longer, a snowmobile, or an off-highway vehicle must be plainly visible and firmly attached to the vehicle or vessel.

     (6)  (a) Except as provided in 61-3-431 and subsection subsections (6)(b) and (6)(c) of this section, a $3 fee is imposed upon issuance of a temporary registration permit by the department, an authorized agent, or a county treasurer. The fee must be paid by the owner of the vehicle or vessel and collected by the department, the authorized agent, or a county treasurer when the vehicle is registered upon issuance of the permit.

     (b)  Except as provided in 61-3-431, a fee of $8 is imposed and must be paid upon issuance of a temporary registration permit by:

     (i)  the department, an authorized agent, or a county treasurer to a nonresident of this state who acquires a vehicle or vessel in this state or who registers for temporary use in this state a quadricycle or motorcycle designed for off-road recreational use; or

     (ii) a person who issued a temporary registration permit using a department-approved electronic interface.

     (c) A fee of $24 is imposed and must be paid upon issuance of a temporary registration permit for a 90-day temporary registration permit as provided in 61-3-303(3)(b).

     (7)  The fees imposed under this section, upon collection, must be forwarded to the state and deposited in the motor vehicle electronic commerce operating account provided for in 61-3-118.

     (8)  If a temporary registration permit is issued under this section to a person to whom ownership of a vehicle or vessel has been transferred, the permitholder shall title and register the vehicle or vessel in this or another jurisdiction before the ownership of the vehicle or vessel may be transferred to another person."

 

     Section 3.  Section 61-3-303, MCA, is amended to read:

     "61-3-303.  Original registration -- process -- fees. (1) Except as provided in 61-3-324, a Montana resident who owns a motor vehicle, trailer, semitrailer, or pole trailer operated or driven upon the public highways of this state shall register the motor vehicle, trailer, semitrailer, or pole trailer in the county where the owner is domiciled. A nonresident who has an interest in real property in Montana may register in the county where the real property is located a motor vehicle, trailer, semitrailer, or pole trailer operated or driven upon the public highways of this state.

     (2)  Except as provided in subsection (3), the county treasurer or an authorized agent shall register any vehicle for which:

     (a)  as of the date that the motor vehicle, trailer, semitrailer, or pole trailer is to be registered, the owner delivers an application for a certificate of title to the department, an authorized agent, or a county treasurer; or

     (b)  the county treasurer or an authorized agent confirms that the department has an electronic record of title for the motor vehicle, trailer, semitrailer, or pole trailer as provided under 61-3-101.

     (3)  (a) A county treasurer or an authorized agent may register a motor vehicle, trailer, semitrailer, or pole trailer for which a certificate of title and registration were issued in another jurisdiction and for which registration is required under 61-3-701 after the county treasurer or the authorized agent examines the current out-of-jurisdiction registration certificate or receipt and receives payment of the fees required in 61-3-701. The county treasurer or an authorized agent may ask the motor vehicle, trailer, semitrailer, or pole trailer owner to provide additional information, prescribed by the department, to ensure that the electronic record of registration maintained by the department is complete.

     (b)  A county treasurer or an authorized agent may register shall collect fees pursuant to 61-3-203 and 61-3-220(4) and issue a 90-day temporary registration permit pursuant to 61-3-224 for a motor vehicle, trailer, semitrailer, or pole trailer, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances beyond the new owner's control, surrender a previously assigned certificate of title. The new owner may submit an application for certificate of title, subject to the registration renewal limitations of 61-3-312 shall request the 90-day temporary registration permit from the authorized agent or county treasurer that originally issued the temporary registration permit.

     (4)  Upon registering a motor vehicle, trailer, semitrailer, or pole trailer for the first time in this state, the county treasurer or an authorized agent shall:

     (a)  update the electronic record of title, if any, maintained for the vehicle by the department under 61-3-101;

     (b)  assign a registration period for the vehicle under 61-3-311;

     (c)  determine the vehicle's age, if required, under 61-3-501;

     (d)  determine the amount of fees, including local option taxes or fees, to be paid under subsection (5); and

     (e)  assign and issue license plates for the vehicle under 61-3-331.

     (5)  Unless otherwise provided by law, a person registering a motor vehicle shall pay to the county treasurer or an authorized agent:

     (a)  the fees in lieu of tax or registration fees as required for:

     (i)  a light vehicle under 61-3-321 or 61-3-562, in addition to, if applicable, any local option tax or fee under 61-3-537 or 61-3-570;

     (ii) a motor home under 61-3-321;

     (iii) a travel trailer under 61-3-321;

     (iv) a motorcycle or quadricycle under 61-3-321;

     (v)  a bus, a truck having a manufacturer's rated capacity of more than 1 ton, or a truck tractor under 61-3-321 and 61-3-529; or

     (vi) a trailer under 61-3-321;

     (b)  a donation of $1 or more if the person indicates that the person wishes to donate to promote awareness and education efforts for procurement of organ and tissue donations in Montana to favorably impact anatomical gifts; and

     (c)  a donation of $1 or more if the person indicates that the person wishes to donate to promote education on, support for, and awareness of traumatic brain injury.

     (6)  The county treasurer or an authorized agent may not issue a registration receipt or license plates for the motor vehicle, trailer, semitrailer, or pole trailer to the owner unless the owner makes the payments required by subsection (5).

     (7)  The department may make full and complete investigation of the registration status of the motor vehicle, trailer, semitrailer, or pole trailer. A person seeking to register a motor vehicle, trailer, semitrailer, or pole trailer under this section shall provide additional information to support the registration to the department if requested.

     (8)  Revenue that accrues from the voluntary donation provided in subsection (5)(b) must be forwarded by the respective county treasurer or an authorized agent to the department for deposit in the state special revenue fund to the credit of an account established by the department of public health and human services to support activities related to awareness and education efforts for procurement of organ and tissue donations for anatomical gifts.

     (9)  (a) Except as provided in subsection (9)(b), the fees in lieu of tax, taxes, and fees imposed on or collected from the registration of a travel trailer, motorcycle, or quadricycle or a trailer, semitrailer, or pole trailer that has a declared weight of less than 26,000 pounds are required to be paid only once during the time that the travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is owned by the same person who registered the travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer. Once registered, a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is registered permanently unless ownership is transferred.

     (b)  Whenever ownership of a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is transferred, the new owner is required to register the travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer as if it were being registered for the first time, including paying all of the required fees in lieu of tax, taxes, and fees.

     (10) Revenue that accrues from the voluntary donation provided in subsection (5)(c) must be forwarded by the respective county treasurer or an authorized agent to the department for deposit in the state special revenue fund to the credit of the account established in 2-15-2218 to support activities related to education regarding prevention of traumatic brain injury.

     (11) The department, an authorized agent of the department, or a county treasurer shall use the online motor vehicle liability insurance verification system provided in 61-6-157 to verify that the vehicle owner has complied with the requirements of 61-6-301."

 

     Section 4.  Section 61-3-317, MCA, is amended to read:

     "61-3-317.  New registration required for transferred motor vehicle -- grace period -- penalty -- display of proof of purchase. (1) The new owner of a transferred motor vehicle, trailer, semitrailer, or pole trailer has a grace period of 40 calendar days from the date of purchase to make application for a certificate of title and pay the registration fees, fees in lieu of tax and other fees required by this chapter, and local option taxes, if applicable. However, the motor vehicle, trailer, semitrailer, or pole trailer may not be operated upon the streets and highways of this state during this period unless a temporary registration permit has been issued for and is properly displayed on the motor vehicle, trailer, semitrailer, or pole trailer as permitted by 61-3-224.

     (2)  If the motor vehicle, trailer, semitrailer, or pole trailer was not purchased from a licensed motor vehicle dealer as provided in this chapter, it is not a violation of this chapter or any other law for the purchaser to operate the motor vehicle, trailer, semitrailer, or pole trailer upon the streets and highways of this state without a current registration receipt or registration decal during the 40-day period allowed under 61-1-101(80)(b) if at all times during that period a temporary registration permit issued under 61-3-224 is properly displayed."

 

     Section 5.  Section 61-4-111, MCA, is amended to read:

     "61-4-111.  Used vehicles -- transfer to and from dealers. (1) Except as provided in 61-4-124(6), a dealer or wholesaler who intends to resell a used motor vehicle, power sports vehicle, or trailer and who operates the motor vehicle, power sports vehicle, or trailer only for demonstration purposes:

     (a)  is exempt from registration under 23-2-515, 23-2-616, 23-2-804, or 61-3-302(3) when applying for a certificate of title; and

     (b)  may transfer or receive ownership of a motor vehicle, power sports vehicle, or trailer by use of a dealer reassignment section on a certificate of title. However, when the allotted number of dealer reassignment sections on a certificate of title has been completed, ownership of the motor vehicle, power sports vehicle, or trailer may not be transferred until an application for a certificate of title has been submitted by the dealer or an authorized agent to an authorized agent or the department and a new certificate of title has been issued.

     (2)  Upon the transfer of a used motor vehicle, power sports vehicle, or trailer to a person other than a dealer or wholesaler, a temporary registration permit may be issued under 61-3-224 to the person to whom the used motor vehicle, power sports vehicle, or trailer was transferred if the dealer is an authorized agent, as defined in 61-1-101. In addition, the following acts are required of the dealer on or before the times set forth in this subsection:

     (a)  Within 30 calendar days following the date of delivery of the motor vehicle, power sports vehicle, or trailer, or within 120 calendar days if a temporary registration permit is issued pursuant to 61-3-303(3)(b), the dealer shall forward to an authorized agent or to the county treasurer of the county where the owner of the motor vehicle, power sports vehicle, or trailer is domiciled:

     (i)  the assigned certificate of title or, if a certificate of title for the motor vehicle, power sports vehicle, or trailer has not been issued in this state, a copy of the then-current registration receipt or certificate in the dealer's possession; and

     (ii) an application for a certificate of title executed by the new owner in accordance with the provisions of 61-3-216 and 61-3-220.

     (b)  Transmission of the documents by the dealer to the county treasurer or an authorized agent may be accomplished either by personal delivery, by first-class mail, or by electronic means, as authorized by the department.

     (c)  If the dealer is unable to forward the certificate of title or, if applicable, registration receipt within the time set forth in subsection (2)(a) because the certificate of title is lost, is in the possession of third parties, or is in the process of reissuance in this state or elsewhere, the dealer shall comply in all other respects with the provisions of subsection (2)(a) and shall forward the missing document or documents to the county treasurer or an authorized agent within 3 days after receipt is subject to the provisions of 61-4-119.

     (3)  Upon compliance by the dealer with the requirements in this section, title to the motor vehicle, power sports vehicle, or trailer is considered to have passed to the purchaser as of the date of the delivery of the motor vehicle, power sports vehicle, or trailer to the purchaser by the dealer, and the dealer has no further liability or responsibility with respect to the processing of registration."

- END -

 


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