Montana Code 61-3-223. Salvage vehicles
61-3-223. Salvage vehicles. (1) A salvage vehicle for which a certificate of title is sought must be inspected for the vehicle identification number to authenticate the identity of the motor vehicle before an electronic record of title can be created or a certificate of title can be issued. The inspection does not attest to the roadworthiness or safety condition of the motor vehicle and must be performed by an authorized employee or an authorized agent of the department or by a peace officer designated by the department.
Terms Used In Montana Code 61-3-223
- Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
- Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Salvage vehicle: means a motor vehicle damaged by collision, fire, flood, accident, trespass, or other occurrence to the extent that the owner, an insurer, or another person acting on behalf of the owner determines that the cost of parts and labor makes it uneconomical to repair the vehicle. See Montana Code 61-3-210
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
- Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. See Montana Code 61-1-101
(2)The department may contract with a person or entity for use of a facility as a regional inspection site for salvage vehicles.
(3)The department shall collect an inspection fee of $18.50 from the person requesting the inspection for each salvage vehicle inspected. The fee collected under this section must be deposited in the state general fund.
(4)(a) A person authorized to inspect salvage vehicles may seize and hold a vehicle:
(i)if the person has probable cause to believe that the motor vehicle has been stolen;
(ii)on which a motor number or vehicle identification number has been defaced, altered, removed, covered, destroyed, or obliterated; or
(iii)that has a vehicle identification number that does not conform with the vehicle identification number on the certificate of title.
(b)A seized motor vehicle must be held until the identity of the motor vehicle is established and arrangements are made for its lawful disposition. A person authorized to inspect salvage vehicles may use any means necessary to identify a motor vehicle by its vehicle identification number or numbers.
(5)The department may not create an electronic record of title or issue a certificate of title for a salvage vehicle until the identity of the motor vehicle is established.
(6)The department may adopt rules for the inspection of salvage vehicles.