Montana Code 61-8-913. Notice to owner — payment of removal and storage costs — request for reissuance of certificate of title
61-8-913. Notice to owner — payment of removal and storage costs — request for reissuance of certificate of title. (1) Within 15 days after the date that a wrecked or disabled vehicle is removed from a public roadway by a qualified tow truck operator at the request of a law enforcement officer under 61-8-908, the qualified tow truck operator shall send a certified letter to the vehicle owner or lienholder, as shown in the department‘s records, notifying the owner or lienholder that the vehicle has been towed and is being stored by the qualified tow truck operator. The certified letter must be sent return receipt requested and postage prepaid to the owner or lienholder at the latest address shown in the department’s records.
Terms Used In Montana Code 61-8-913
- 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
- Department: means the department of justice provided for in 2-15-2001. 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
- Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
- 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
- Roadway: means the portion of a highway that is improved, designed, or ordinarily used for vehicular travel, including the paved shoulder. See Montana Code 61-8-102
- 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
(2)The owner or lienholder of the vehicle may not reclaim the vehicle until the owner, the lienholder, or the owner’s or lienholder’s insurance provider has paid the costs incurred by the qualified tow truck operator in removing and storing the vehicle.
(3)If the removal and storage costs have not been paid within 30 days after the date that the notice provided for in subsection (1) was postmarked, the qualified tow truck operator may request, on a form provided by the department, that the department cancel the vehicle’s certificate of title, remove any perfected security interest, and reissue the certificate of title to the qualified tow truck operator. In the request, the qualified tow truck operator shall certify that the notice required in subsection (1) was sent and that the owner or lienholder has not made payment as required in subsection (2). A copy of the notice required in subsection (1) must be attached to the request.
(4)Upon receipt of a valid request as provided in subsection (3), the department shall cancel the certificate of title to the vehicle and reissue the certificate of title to the qualified tow truck operator. The qualified tow truck operator shall pay all required fees on the vehicle. After the department has reissued the certificate of title, the former owner or lienholder has no further right, title, claim, or interest in or to the vehicle.