61-1-134. Commercial motor vehicle defined -- exceptions. (1) Except as provided in subsection (2), "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:
     (a) has a gross combination weight rating or, in the absence of a gross combination weight rating, a declared weight of 26,001 pounds or more inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
     (b) has a gross vehicle weight or manufacturer's rated capacity of 26,001 pounds or more;
     (c) is designed or used to transport 16 passengers or more, including the driver;
     (d) is a school bus as defined in 20-10-101; or
     (e) is of any size and is used to transport any quantity or form of hazardous material required to be placarded pursuant to Title 49, Code of Federal Regulations.
     (2) The following vehicles are not commercial motor vehicles:
     (a) a vehicle exempt from taxation, used for firefighting, and bearing Montana tax-exempt plates;
     (b) a police emergency response vehicle; or
     (c) a vehicle:
     (i) controlled and operated by a farmer or person employed by a farmer;
     (ii) used to transport farm products, farm machinery, or farm supplies within Montana or within 150 miles of the farm headquarters; and
     (iii) not used to transport goods for compensation or hire.
     (3) For purposes of this section, "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.

     History: En. Sec. 1, Ch. 443, L. 1987; amd. Sec. 11, Ch. 378, L. 1989; amd. Sec. 1, Ch. 521, L. 1989; amd. Sec. 1, Ch. 127, L. 1991; amd. Sec. 4, Ch. 195, L. 1993; amd. Sec. 6, Ch. 575, L. 1993; amd. Sec. 1, Ch. 53, L. 1995; amd. Sec. 2, Ch. 105, L. 1997.