Terms Used In Montana Code > Title 23 > Chapter 2 > Part 5 - Boats

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Certificate of number: means the certificate issued by the department of justice, an authorized agent, as defined in 61-1-101, or a county treasurer to the owner of a motorboat or sailboat, assigning the motorboat or sailboat an identifying number and containing other information as required by the department of justice. See Montana Code 23-2-502
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• 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 fish, wildlife, and parks of the state of Montana. See Montana Code 23-2-502
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Identifying number: means the boat number set forth in the certificate of number and properly displayed on the motorboat or sailboat. See Montana Code 23-2-502
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lienholder: means a person holding a security interest. See Montana Code 23-2-502
• Manufacturer: means a person engaged in the business of manufacturing or importing new and unused vessels or new and unused outboard motors for the purpose of sale or trade. See Montana Code 23-2-502
• Motorboat: means a vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. See Montana Code 23-2-502
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to navigate or otherwise use a motorboat or a vessel. See Montana Code 23-2-502
• Operator: means the person who navigates, drives, or is otherwise in immediate control of a motorboat or vessel. See Montana Code 23-2-502
• Owner: means a person, other than a lienholder, having the property in or title to a motorboat or vessel. See Montana Code 23-2-502
• 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.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual, partnership, firm, corporation, association, or other entity. See Montana Code 23-2-502
• Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 23-2-502
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Registration decal: means an adhesive sticker produced by the department of justice and issued by the department of justice, an authorized agent as defined in 61-1-101, or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft as proof of payment of fees imposed on the motorboat, sailboat, or personal watercraft for the registration period indicated on the decal as recorded by the department of justice under 61-3-101. See Montana Code 23-2-502
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 23-2-502
• Security interest: means an interest that is reserved or created by an agreement that secures payment or performance of an obligation and is valid against third parties generally. See Montana Code 23-2-502
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uniform state waterway marking system: means one of two categories:

  (a)a system of aids to navigation to supplement the federal system of marking in state waters;

  (b)a system of regulatory markers to warn a vessel operator of dangers or to provide general information and directions. See Montana Code 23-2-502

• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Validation decal: means an adhesive sticker produced by the department and issued by the department or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft verifying the identifying number assigned to the motorboat, sailboat, or personal watercraft and the name and address of the owner to meet requirements of the federal standard numbering system. See Montana Code 23-2-502
• Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 23-2-502
• Waters of this state: means any waters within the territorial limits of this state. See Montana Code 23-2-502
• Writing: includes printing. See Montana Code 1-1-203