About Bill -- Links
SENATE BILL NO. 354
INTRODUCED BY A. MOHL
A BILL FOR AN ACT ENTITLED: "AN ACT REMOVING THE REQUIREMENT THAT TWO LICENSE PLATES MUST BE ISSUED FOR AND BE DISPLAYED ON A VEHICLE; REQUIRING THAT A LICENSE PLATE ISSUED MUST BE DISPLAYED ON THE REAR OF A VEHICLE; AMENDING SECTIONS 61-3-301, 61-3-331, 61-3-332, 61-3-411, 61-3-421, 61-3-423, 61-3-463, 61-3-722, 61-4-102, 61-4-103, AND 61-4-223, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-3-301, MCA, is amended to read:
"61-3-301. Registration -- license plate required -- display. (1) Except as otherwise provided in this chapter,
person may not operate a motor vehicle, trailer, semitrailer, quadricycle, motorcycle, or vehicle authorized under
61-4-102(6) upon the public highways of Montana unless the vehicle is properly registered and has the proper number
plates conspicuously displayed, one on the front and one a license plate displayed on the rear of the vehicle, each securely
fastened to prevent it from swinging and unobstructed from plain view , except that trailers, semitrailers, quadricycles,
motorcycles, and vehicles authorized in 61-4-102(6) to display demonstrator plates may have but one number plate
conspicuously displayed on the rear. No A person may not display on a vehicle at the same time a number assigned to it
under any motor vehicle law except as provided in this chapter. A junk vehicle, as defined in Title 75, chapter 10, part 5,
being driven or towed to an auto wrecking graveyard for disposal is exempt from the provisions of this section.
No A person may not purchase or display on a vehicle a license plate bearing the number assigned to any county, as
provided in 61-3-332, other than the county of his the person's permanent residence at the time of application for
registration. However, the owner of any a motor vehicle requiring a license plate on any motor vehicle used in the public
transportation of persons or property may make application for the license in any county through which the motor vehicle
passes in its regularly scheduled route, and the license plate issued bearing the number assigned to that county may be
displayed on the motor vehicle in any other county of the state.
(3) It is unlawful to use license plates issued to one vehicle on any other vehicle, trailer, or semitrailer unless legally
transferred as provided by statute
, or to repaint old license plates to resemble a current license plates plate.
(4) This section does not apply to a vehicle exempt from taxation under 15-6-215 or subject to taxation under 61-3-520.
Any A person violating these provisions is guilty of a misdemeanor and subject to the penalty prescribed in
Section 2. Section 61-3-331, MCA, is amended to read:
"61-3-331. Assignment of number
plates plate. The county treasurer shall, at the time of issuing a registration receipt
under 61-3-322, assign such the motor vehicle a distinctive number, viz., the license plate number , and deliver to the
applicant two one license plates plate, as received from the department, which shall bear such that bears the distinctive
numbers number. The department shall ship said all license plates to the various county treasurers by freight, so that they
will be received by the county treasurer on or before January 1 of each year."
Section 3. Section 61-3-332, MCA, is amended to read:
"61-3-332. Number plates. (1) A motor vehicle that is driven upon the streets or highways of Montana must display
both front and rear number plates the number license plate on the rear of the vehicle, bearing the distinctive number
assigned to the vehicle. The number plates are in 10 series: one series for owners of motorcars, one for owners of motor
vehicles of the motorcycle or quadricycle type, one for trailers, one for trucks, one for dealers in vehicles of the motorcycle
or quadricycle type that bear bears the distinctive letters "MCD" or the letters "MC" and the word "DEALER", one for
franchised dealers in new motorcars (including trucks and trailers) or new and used motorcars (including trucks and
trailers) that bear bears the distinctive letter "D" or the word "DEALER", one for dealers in used motorcars only (including
used trucks and trailers) that bear bears the distinctive letters "UD" or the letter "U" and the word "DEALER", one for
dealers in trailers and/or semitrailers (new or used) that bear bears the distinctive letters "DTR" or the letters "TR" and the
word "DEALER", one for dealers in recreational vehicles that bear bears the distinctive letters "RV" or the letter "R" and
the word "DEALER", and one for special license plates. All markings for the various kinds of dealers' plates must be
placed on the number plates assigned to the dealer, in the position that the department designates.
(2) All number plates for motor vehicles must be issued for a minimum period of 4 years, bear a distinctive marking, and be furnished by the state. In years when number plates are not issued, the department shall provide nonremovable stickers bearing appropriate registration numbers that must be affixed to the license plates in use.
(3) Subject to the provisions of this section, the department shall create a new design for number plates as provided in this section.
(4) In the case of motorcars and trucks, plates must be of metal 6 inches wide and 12 inches in length. The outline of the state of Montana must be used as a distinctive border on the license plates, and the word "Montana" and the year must be placed across the plates. Registration plates must be treated with a reflectorized background material according to specifications prescribed by the department.
(5) The distinctive registration numbers must begin with a number one or with a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers. The distinctive registration number or letter-number combination assigned to the vehicle must appear on the plate preceded by the number of the county and appearing in horizontal order on the same horizontal baseline. The county number must be separated from the distinctive registration number by a separation mark unless a letter-number combination is used. The dimensions of the numerals and letters must be determined by the department, and all county and registration numbers must be of equal height.
(6) For the use of tax-exempt motor vehicles, in addition to the markings provided in this section, number plates must bear the following distinctive markings:
(a) For vehicles owned by the state, the department may designate the prefix number for the various state departments. All numbered plates issued to state departments must bear the words "State Owned", and a year number may not be indicated on the plates because these numbered plates are of a permanent nature and will be replaced by the department only when the physical condition of numbered plates requires it.
(b) For vehicles that are owned by the counties, municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not operating for profit, and that are used and operated by officials and employees in the line of duty and for vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol and used and operated by officials and employees in the line of duty, there must be placed on the number plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT". Distinctive registration numbers for plates assigned to motor vehicles of each of the counties in the state and those of the municipalities and special districts that obtain plates within each county must begin with number one and be numbered consecutively. Because these number plates are of a permanent nature, they are subject to replacement by the department only when the physical condition of the number plates requires it and a year number may not be displayed on the number plates.
(7) On all number plates assigned to motor vehicles of the truck and trailer type, other than tax-exempt trucks and tax-exempt trailers, there must appear the letter "T" or the word "TRUCK" on plates assigned to trucks and the letters "TR" or the word "TRAILER" on plates assigned to trailers and housetrailers. The letters "MC" or the word "CYCLE" must appear on plates assigned to vehicles of the motorcycle or quadricycle type.
Number plates A number plate issued to a passenger car, truck, trailer, or vehicle of the motorcycle or quadricycle
type may be transferred only to a replacement passenger car, truck, trailer, or motorcycle- or quadricycle-type vehicle. A
registration or license fee may not be assessed upon a transfer of a number plate under 61-3-317 and 61-3-335.
(9) For the purpose of this chapter, the several counties of the state are assigned numbers as follows: Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8; Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17; Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25; Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33; Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41; Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield, 50; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must be assigned numbers by the department as they may be formed, beginning with the number 57.
(10) Each type of special license plate approved by the legislature, except collegiate license plates authorized in
61-3-463, must be a separate series of plates, numbered as provided in subsection (5), except that the county number must
be replaced by a nonremovable design or decal designating the group or organization to which the applicant belongs.
Unless otherwise specifically stated in this section, the special plates are subject to the same rules and laws as govern the
issuance of regular license plates, must be placed or mounted on a vehicle owned by the person who is eligible to receive
them a plate, and must be removed upon sale or other disposition of the vehicle. The special license plates must be issued
to national guard members, former prisoners of war, persons with disabilities, reservists, disabled veterans, survivors of the
Pearl Harbor attack, veterans of the armed services, or veterans of the armed services who were awarded the purple heart
medal, who comply with the following provisions:
(a) An active member of the Montana national guard may be issued a special license
plates plate with a design or decal
displaying the letters "NG". The adjutant general shall issue to each active member of the Montana national guard a
certificate authorizing the department to issue a national guard plates, numbered in sets of two with a different number on
each set, plate, and the member shall surrender the plates plate to the department upon becoming ineligible to use them it.
(b) An active member of the reserve armed forces of the United States of America who is a resident of this state may be
issued a special license
plates plate with a design or decal displaying the following: United States army reserve, AR
(symbol); United States naval reserve, NR (anchor); United States air force reserve, AFR (symbol); and United States
marine corps reserve, MCR (globe and anchor). The commanding officer of each armed forces reserve unit shall issue to
each eligible member of the reserve unit a certificate authorizing the issuance of a special license plates, numbered in sets
of two with a different number on each set plate. The member shall surrender the plates plate to the department upon
becoming ineligible to use them it.
(c) (i) A resident of Montana who is a veteran of the armed forces of the United States and who is 100% disabled because of an injury that has been determined by the department of veterans affairs to be service-connected may, upon presentation to the department of proof of the 100% disability, be issued:
(A) a special license plate under this section with a design or decal displaying the letters "DV"; or
set of any other military-related plates plate that the disabled veteran is eligible to receive under this section.
(ii) The fee for original or renewal registration by a 100% disabled veteran for a passenger vehicle or a truck with a GVW-rated capacity of 1 ton or less is $5 and is in lieu of all other fees and taxes for that vehicle under this chapter.
Special A special license plates plate issued to a disabled veteran are is not transferable to another person.
(iv) A disabled veteran is not entitled to a special disabled veteran's license plate for more than one vehicle.
(v) A vehicle lawfully displaying a disabled veteran's plate and that is conveying a 100% disabled veteran is entitled to the parking privileges allowed a person with a disability's vehicle under this title.
(d) A Montana resident who is a veteran of the armed forces of the United States and was captured and held prisoner by
a military force of a foreign nation, documented by the veteran's service record, may upon application and presentation of
proof be issued a special license
plates, numbered in sets of two with a different number on each set, plate with a design or
decal displaying the words "ex-prisoner of war" or an abbreviation that the department considers appropriate.
(e) Except as provided in subsection (10)(c), upon payment of all taxes and fees required by parts 3 and 5 of this chapter
and upon furnishing proof satisfactory to the department that the applicant meets the requirements of this subsection
(10)(e), the department shall issue to a Montana resident who is a veteran of the armed services of the United States a
plates, numbered in sets of two with a different number on each set, plate designed to indicate that the
applicant is a survivor of the Pearl Harbor attack if the applicant was a member of the United States armed forces on
December 7, 1941, was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. (Hawaii time) at Pearl
Harbor, the island of Oahu, or was offshore at a distance of not more than 3 miles , and received an honorable discharge
from the United States armed forces. If a special license plates plate issued under this subsection are is lost, stolen, or
mutilated, the recipient of the plates plate is entitled to a replacement plates plate upon request and without charge.
(f) A motor vehicle owner and resident of this state who is a veteran or the surviving spouse of a veteran of the armed
services of the United States may be issued a license
plates plate inscribed as provided in subsection (10)(f)(i) if the veteran
was separated from the armed services under other than dishonorable circumstances or was awarded the purple heart medal:
(i) Upon submission of a department of defense form 214(DD-214) or its successor or documents showing an
other-than-dishonorable discharge or a reenlistment, proper identification, and other relevant documents to show an
applicant's qualification under this subsection, there must be issued to the applicant, in lieu of the regular license
plate prescribed by law, a special license plates numbered in sets of two with a different number on each set plate. The
plates plate must display:
(A) the word "VETERAN" and a symbol signifying the United States army, United States navy, United States air force, United States marine corps, or United States coast guard, according to the record of service verified in the application; or
(B) a symbol representing the purple heart medal.
Plates A plate must be furnished by the department to the county treasurer, who shall issue them it to a qualified
veteran or to the veteran's surviving spouse. The plates plate must be placed or mounted on the rear of the vehicle owned by
the veteran or the veteran's surviving spouse designated in the application and must be removed upon sale or other
disposition of the vehicle.
(iii) Except as provided in subsection (10)(c), a veteran or surviving spouse who receives a special license
under this subsection (10)(f) is liable for payment of all taxes and fees required under parts 3 and 4 of this chapter and a
special veteran's or purple heart medal license plate fee of $10. Upon an original application for a license under this
subsection (10)(f), the county treasurer shall:
(A) deposit $3 of the special fee in the county general fund;
(B) remit $1 for deposit in the state general fund; and
(C) deposit the remainder of the special fee in the state special revenue account established in 10-2-603 for administration, construction, operation, and maintenance of the state veterans' cemeteries.
(iv) Upon subsequent annual renewal of registration, the county treasurer shall deposit all of the special fee as provided in subsection (10)(f)(iii)(C).
(g) A Montana resident who is eligible to receive a special parking permit under 49-4-301 may, upon written application on a form prescribed by the department, be issued a special license plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.
(11) The provisions of this section do not apply to a motor vehicle, trailer, or semitrailer that is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through 61-3-733."
Section 4. Section 61-3-411, MCA, is amended to read:
"61-3-411. Registration of
a motor vehicle owned and operated solely as a collector's item. (1) An owner of a
motor vehicle more than 30 years old, used solely as a collector's item and not for general transportation purposes, may file
with the department an application for the registration of the motor vehicle. The application must be sworn to before an
officer authorized to administer oaths. The application must state:
(a) the name and address of the owner;
(b) the name and address of the person from whom purchased;
(c) the make, the gross weight, the year and number of the model, and the manufacturer's identification number and serial number of the motor vehicle; and
(d) that the vehicle is owned and operated solely as a collector's item and not for general transportation purposes.
(2) The registration fee for a motor vehicle registered under subsection (1) is:
(a) for a vehicle weighing 2,850 pounds or less, $5; and
(b) for a vehicle weighing more than 2,850 pounds, $10.
(3) Upon receipt of the application for registration and payment of the registration fee, the department shall file the
application and register the motor vehicle
therein described in the manner specified in 61-3-101 and, unless the applicant
chooses to exercise the option allowed in 61-3-412, shall deliver to the applicant:
(a) for a motor vehicle manufactured in 1933 or earlier,
two a license plates plate bearing the inscription
"Pioneer--Montana" and the registration number; or
(b) for a motor vehicle manufactured in 1934 or later and more than 30 years old,
two a license plates plate bearing the
inscription "Vintage--Montana" and the registration number.
(4) The year of issuance may not be shown on the
(5) Annual renewal of the registration of a motor vehicle registered under this section is not required, and the
registration is valid as long as the vehicle is in existence
;. provided, however, that However, upon sale of the motor vehicle,
the purchaser shall renew the registration and pay the license fees provided in subsection (2)."
Section 5. Section 61-3-421, MCA, is amended to read:
"61-3-421. Amateur radio operators -- special license plate. A motor vehicle owner and resident of this state who
holds an unrevoked and unexpired official amateur radio station license and operator's license, "conditional" or higher
class, issued by the federal communications commission of the United States, upon written application on a form
prescribed by the department, accompanied by proof of ownership of the amateur radio station license and operator's
license, must be issued a lettered license
plates in pairs (two identically lettered plates) plate, in lieu of the regular license
plates plate prescribed by law. There must be stamped or impressed upon the special license plates plate in clear lettering
the official amateur radio call letters of the owner as assigned to the owner by the federal communications commission, and
the plates plate so lettered must be renewed as provided in 61-3-312."
Section 6. Section 61-3-423, MCA, is amended to read:
"61-3-423. Rules -- limit of one
identical pair of plates plate for each operator. The department shall make such
rules as that may be necessary to procure compliance with all the laws of the state regulating the issuance of motor vehicle
licenses relating to the use and operation of motor vehicles before issuing the lettered license plates. The department shall
may not issue more than one identical pair of lettered license plates plate for any licensed amateur radio station in any one
Section 7. Section 61-3-463, MCA, is amended to read:
"61-3-463. Collegiate license plates. (1) Subject to the provisions of 61-3-332(3) and the requirement that collegiate license plates must have a white reflectorized background, the department shall design, cause to be manufactured, and issue collegiate license plates as provided in 61-3-464 through 61-3-466.
(2) After consultation with each institution, the department shall prescribe the color and insignia to be displayed on the collegiate license plates for each institution.
(3) In addition to each institution's distinctive color and insignia provided in subsection (2), each collegiate license plate must:
(a) be imprinted consecutively with distinctive numerals from 1 through 99999, capital letters A through Z, or a combination of numerals and letters; and
(b) bear a nonremovable sticker denoting the correct county designation under 61-3-332.
(4) The department shall determine the minimum and maximum number of characters, including both numerals and letters, on the collegiate license plates.
(5) An issue of collegiate license plates may not be ordered or manufactured for any individual institution unless at least
sets of plates are ordered and prepaid."
Section 8. Section 61-3-722, MCA, is amended to read:
"61-3-722. Registration and identification of proportionally registered vehicles -- fees -- effect of registration. (1)
The department shall register each proportionally registered vehicle and issue a license plate
or plates, a distinctive sticker,
or other suitable identification device for each vehicle described in the application upon payment of the appropriate fees
and property taxes, as provided by law, for the application and for the license plates plate, stickers, or devices issued. A fee
of $2 must be paid for each license plate, each sticker, and each device issued for each proportionally registered vehicle. A
fee of $5 must be paid for each vehicle receiving temporary registration as authorized by section 704 of the international
registration plan of the American association of motor vehicle administrators, adopted in April 1988. A registration card
must be issued for each proportionally registered vehicle. The registration card must, in addition to other information
required by chapter 3, show the number of the license, sticker, or other device issued for the proportionally registered
vehicle and must be carried in the vehicle at all times.
(2) Fleet vehicles registered and identified as fleet vehicles are considered fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for intrastate movement or operation, the vehicle may not be operated in intrastate commerce in this state unless the owner has been granted intrastate authority by the public service commission and unless the vehicle is being operated in conformity with that authority."
Section 9. Section 61-4-102, MCA, is amended to read:
"61-4-102. Fees -- restrictions on licensees. (1) Upon making
such an application, the applicant shall pay to the
department, in addition to the fees required of dealers and wholesalers under the provisions of subsection (2), a fee of $5.
Upon receipt of the application, fee, and bond, as provided above in 61-4-101, the department shall examine the
application , and may, prior to issuing a license, make individual investigation of the truth of the statements contained in the
application. If the department is satisfied that the applicant qualifies for the issuance of a license under the provisions of
this chapter, the department may issue the license. The department may refuse, after investigation, to issue a license to an
applicant as allowed by law.
(2) Registration or license fees
shall must be paid upon registration or reregistration of dealers in motor vehicles,
recreational vehicles, or trailers as follows:
(a) (i) all dealers in motor vehicles and recreational vehicles, a fee of $25, which
shall entitle entitles such the dealer to
one set of a number plates plate, and a $25 additional fee for each additional set of number plates plate, subject to the
following limitations on the number of additional sets plates allowed a dealer:
(A) 5% of the first 100 vehicle sales for the previous year; plus
(B) 3% of the next 100 vehicle sales for the previous year; plus
(C) 2% of vehicle sales in excess of 200 for the previous year; and
(D) any additional
sets plates upon a showing of good cause by the applicant dealer to the department .;
(ii) in addition to the dealer plates allowed under subsection (2)(a)(i), a dealer who has purchased one or more
dealer plates or a licensed wholesaler is entitled to purchase a demonstrator plates plate at a cost determined by the
department to offset the cost of production. Demonstrator plates A demonstrator plate must be used in lieu of a dealer plate
but only as set forth in subsection (6) and must be distinguished from dealer plates in a manner determined by the
department. Wholesaler demonstrator plates must be distinguished from dealer demonstrator plates in a manner determined
by the department.
(b) dealers in motorcycles, quadricycles, and trailers, including housetrailers, $45; and
(c) wholesalers in used motor vehicles, recreational vehicles, trailers (including semitrailers and special mobile equipment), and motorcycles (including quadricycles), $30.
(3) If a dealer or wholesaler is originally registered 6 months after the time of registration as set by law, the registration
or license fee for the remainder of the year is one-half of the regular fee
above given provided for in this section.
(4) A dealer or wholesaler in motor vehicles, recreational vehicles, or trailers who maintains more than one place of business or who maintains a branch establishment or establishments shall register and pay a registration or license fee for each place of business or establishment. A dealer may sell vehicles only from his licensed place of business unless the dealer notifies the department 10 days in advance, on a form prescribed by the department, of the opening date and location of an off-premises sale. Except for recreational vehicle dealers, an off-premises sale must be conducted within the city limits of the city of the dealer's licensed location or upon an adjacent off-premises site that is approved by the department and that is within the county of the dealer's licensed location. The sale may not exceed 10 consecutive business days, and a licensed dealer may not conduct more than 10 off-premises sales during any 1 calendar year.
(5) A new applicant for a used motor vehicle dealer or wholesaler license shall pay $300 to the department in addition
to any other sums required by this section or other provisions of the law. An applicant for a renewal of a used motor vehicle
dealer or wholesaler license shall certify under oath that
he the applicant has sold more than five used motor vehicles
during the preceding calendar year or pay an additional $300 before he the applicant may be licensed.
(6) Demonstrator plates provided for in subsection (2)(a)(ii) may be used only as follows:
(a) New and used motor vehicle or recreational vehicle demonstrator plates may be used:
(i) to demonstrate, for no more than 72 hours, an authorized vehicle held for sale, when operated by an individual holding a valid operator's license;
(ii) on authorized vehicles owned by the firm when operated by an officer or bona fide full-time employee of the dealer or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;
(iii) on authorized vehicles being tested for repair;
(iv) on authorized vehicles being moved to or from a dealer's place of business for sale;
(v) on authorized vehicles being moved to or from service and repair facilities before sale;
(vi) on authorized vehicles being moved to or from exhibitions within the state, provided any
such exhibition does not
exceed a period of 20 days.
(b) Mobile home and trailer dealer demonstrator plates may be used:
(i) on units hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer;
(ii) on mobile homes hauled to a customer's location for setup after sale;
(iii) on travel trailers held for sale to demonstrate the towing capability of the vehicle
provided that if a dated
demonstration permit, valid for not more than 72 hours, is carried with the vehicle at all times;
(iv) on any motor vehicle owned by the dealer that is used only to move vehicles legally bearing a mobile home and
travel trailer dealer license
plates plate of the dealer owning any such the motor vehicle;
(v) on vehicles being moved to or from vehicle exhibitions within the state, provided any
such exhibition does not
exceed a period of 20 days."
Section 10. Section 61-4-103, MCA, is amended to read:
"61-4-103. Assignment of dealer plates. (1) Upon the licensing of a dealer as a new motor vehicle dealer, used motor
vehicle dealer, recreational vehicle dealer, or trailer, semitrailer, or special mobile equipment dealer
, or a dealer of the
motorcycle- or quadricycle-type vehicle, the department shall assign to the dealer a distinctive serial license number as a
dealer and, after payment of fees, furnish every qualified dealer in motor vehicles with sets of one number plates plate as
required according to need, which need must be justified by the dealer with the initial application for license and each
renewal. Assigned number plates must be similar to number plates furnished to owners of motor vehicles but must bear, in
addition to the serial number assigned the dealer, the letter "D" if the dealer is authorized to sell new motor vehicles
(including trucks and truck trailers); the letters "RV" if the dealer is authorized to sell recreational vehicles; the letters "UD"
if the dealer is authorized to sell used motor vehicles (including used trucks and used truck trailers); the letters "DTR" if the
dealer is authorized to sell trailers, semitrailers, or special mobile equipment (new or used); and the letters "MCD" if the
dealer is authorized to sell vehicles of the motorcycle or quadricycle type (new or used).
(2) With the exception of a dealer authorized to sell new motor vehicles (including trucks and truck trailers) and to use
the "D" plate or demonstrator plate, a dealer or wholesaler authorized to transact business under the provisions of this
section may not offer for sale or trade any vehicle described in this section except the vehicles that are authorized by the
plates assigned to
him the dealer or wholesaler. If an applicant wishes to sell more than one type of vehicle, he the dealer or
wholesaler shall make application for each separate authorization. No A plate assigned to a dealer or wholesaler may not be
used on any vehicle other than the type described in this section. A wholesaler may not sell a motor vehicle to a person who
is not a licensed dealer. A dealer authorized to sell new motor vehicles and assigned a "D" plate or demonstrator plate is
authorized to sell both new and used motor vehicles (including trucks and truck trailers), and the plates plate may be
displayed on either new or used motor vehicles by a licensed dealer in new vehicles.
(3) The department shall cause to be placed on each
set of license plates plate issued to a dealer a serial number
assigned to each dealer and the actual number of license plates issued to each dealer. The number of the dealer must follow
the prefix of the county, and the number of plates issued the dealer must follow the prefix of the county and the number of
the dealer, the dealer's number to be separated from the county prefix by a dash, and the number of plates issued to a dealer
to be separated from the dealer's number by a dash, as follows: dealer number 4 in Lewis and Clark County would be
numbered 5-4, and if the dealer were issued three sets of plates, they would be numbered consecutively as follows, 5-4-1,
5-4-2, and 5-4-3. Wholesalers who receive demonstrator plates under this part must be issued license plates that are of a
similar sequence to dealer and dealer demonstrator plates and display a "wholesaler" or "wholesale dealer" identifier
conspicuously displayed upon the plates.
(4) Dealers properly licensed under this section are authorized to use and display a dealer's license
plates plate on a
motor vehicle held for bona fide sale or used in the conduct of the dealer's business in selling or demonstrating motor
vehicles and operated by or under the control of the dealer , his or the dealer's officers or employees. For purposes of this
provision section, "officers and or employees" include includes only the persons listed on the manufacturer's franchise
agreement or the importer's distribution agreement and their spouses or such other persons upon whom the dealer has paid
social security taxes as a full-time employee. A dealer's or wholesaler's license plate may not be used or displayed on
vehicles normally used for hire, lease, or rental or for purposes not incident to the business of a motor vehicle dealer. A
dealer is accountable for each plate issued and shall certify quarterly to the department the disposition of each dealer plate
assigned to the dealer, including the name, address, and occupation o f the person primarily using each plate.
(5) When the department has reasonable cause to believe, from an investigation made by it or information furnished to
it by the sheriff or any other law enforcement officer, that a dealer or wholesaler has been improperly licensed, has used the
dealer's license in a manner other than the one authorized in this section, has provided a material misstatement of fact in an
application for a license, is not qualified as a dealer or wholesaler under the requirements of this section, or
whose has a
history of criminal conduct that renders him the person unfit for licensure, the department may revoke the dealer's or
wholesaler's license. A person, firm, corporation, or association may not, for commission or profit, engage in the business
of buying, selling, exchanging, or acting as a broker of new motor vehicles, trailers, or semitrailers unless duly licensed in
compliance with this section (except trailers having an unladen weight of less than 500 pounds)."
Section 11. Section 61-4-223, MCA, is amended to read:
"61-4-223. Assignment of numbers. (1) Upon the licensing of a manufacturer under 61-4-202, the department shall
assign to the manufacturer a distinctive serial number and, after payment of fees provided for in 61-4-222, furnish every
qualified manufacturer's representative of that manufacturer with one
set of number plates plate. Assigned An assigned
number plates plate must be similar to a number plates plate furnished to owners of motor vehicles but must bear, in
addition to the serial number assigned to the manufacturer, the letters "MFG".
(2) The department shall cause to be placed on each
set of license plates plate issued to a manufacturer a serial number
assigned to the manufacturer and the actual number of license plates issued to the manufacturer. The department shall
provide nonremovable stickers bearing the appropriate county designation. The stickers must be affixed to the license
plates in use in accordance with instructions by the department.
(3) A manufacturer's representative who qualifies as provided in 61-4-221(1) may display a manufacturer's license
plates plate on a motor vehicle held for bona fide sale or used solely in the conduct of the manufacturer's business and
operated by or under the control of the manufacturer's representative.
(4) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a sheriff or any other law enforcement officer, that a manufacturer has been improperly licensed, has used the manufacturer's license other than as authorized in this section, or is not qualified as a manufacturer under the requirements of this part, the department may revoke the manufacturer's license."
NEW SECTION. Section 12. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 13. Effective date. [This act] is effective July 1, 1999.
- END -
Latest Version of SB 354 (SB0354.01)
Processed for the Web on January 30, 1999 (4:18PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill| 1999 Session | Leg. Branch Home
Prepared by Montana Legislative Services