Montana Code 61-8-903. Definitions
61-8-903. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 61-8-903
- Business entity: means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law. See Montana Code 61-1-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
- For hire: means an action performed for remuneration of any kind, whether paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service. See Montana Code 61-1-101
- Letter of appointment: means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908. See Montana Code 61-8-903
- operator: means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Qualified tow truck operator: means a commercial tow truck operator:
(i)that has equipment that:
(A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and
(B)has been classified in accordance with 61-8-905;
(ii)that participates in the law enforcement rotation system provided for in 61-8-908;
(iii)that meets the requirements of subsection (6)(b); and
(iv)that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
(1)”Boom” means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load.
(2)”Commercial tow truck operator” or “operator” means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416.
(3)”Department” means the department of justice provided for in 2-15-2001.
(4)”Letter of appointment” means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908.
(5)”Local government” means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic.
(6)(a) “Qualified tow truck operator” means a commercial tow truck operator:
(i)that has equipment that:
(A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and
(B)has been classified in accordance with 61-8-905;
(ii)that participates in the law enforcement rotation system provided for in 61-8-908;
(iii)that meets the requirements of subsection (6)(b); and
(iv)that has been issued a letter of appointment pursuant to 61-8-920.
(b)(i) If the operator is a firm or other entity, at least 75% of the employees who operate a tow truck must hold a certification from a nationally recognized certification program for tow truck operators or have a minimum of 1 year of experience in the towing business for hire in Montana.
(ii)If the operator is an individual, the individual must hold a certification from a nationally recognized certification program for tow truck operators or have a minimum of 1 year of experience in the towing business for hire in Montana.
(7)”Rotation area” means the base area where a qualified tow truck operator is dispatched and operates.