Terms Used In Montana Code > Title 7 > Chapter 3 > Part 4 - Commission Government

• accident: means any event in which a vehicle collides with any object, person, deceased person, or animal or any event in which a person is injured or killed or property damage is caused as a result of at least one vehicle's movement. See Montana Code 61-7-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Aggravated driving under the influence: means a person is in violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d) and:

  (a)the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0. See Montana Code 61-8-1001

• Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title. See Montana Code 61-8-1001
• Alcoholic beverage: means a compound produced for human consumption as a drink that contains 0. See Montana Code 61-8-1001
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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
• Authorized emergency vehicle: means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department. See Montana Code 61-8-102
• Authorized emergency vehicle: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• Autocycle: means a three-wheeled motorcycle that is equipped with safety belts, roll bars or roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it. See Montana Code 61-1-101
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bicycle: means a vehicle propelled solely by human power on which any person may ride, irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. See Montana Code 61-8-102
• Boom: means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load. See Montana Code 61-8-903
• Bus: means a motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any other motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See Montana Code 61-1-101
• Bus: means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver. See Montana Code 61-8-1001
• Business district: means the territory contiguous to and including a highway when within any 600 feet along a highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings that occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. See Montana Code 61-8-102
• 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
• Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
• Camper: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• CDLIS driver record: means the electronic record of a person's commercial driver's license status and history stored as part of the commercial driver's license system established under 49 U. 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
• Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

  (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

  (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

  (iii)is designed to transport at least 16 passengers, including the driver;

  (iv)is a school bus; or

  (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

• Commercial motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Commission: means the state transportation commission. See Montana Code 61-1-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled-access highway: means a highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or roadway except at the points and in the manner as determined by the public authority having jurisdiction over the highway, street, or roadway. See Montana Code 61-8-102
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Crosswalk: means :

  (i)that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

  (ii)any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians crossing by lines or other markings on the surface. See Montana Code 61-8-102

• Custom vehicle: means a motor vehicle other than a motorcycle that:

  (a)(i) was manufactured with a model year after 1948 and that is at least 25 years old; or

  (ii)was built to resemble a vehicle manufactured after 1948 and at least 25 years before the current calendar year, including a kit vehicle intended to resemble a vehicle manufactured after 1948 and that is at least 25 years old; and

  (b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person that, for commission or profit, engages in whole or in part in the business of buying, selling, exchanging, or accepting on consignment new or used motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, off-highway vehicles, or special mobile equipment that is not registered in the name of the person. See Montana Code 61-1-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Domiciled: means a place where:

  (a)an individual establishes residence;

  (b)a business entity maintains its principal place of business;

  (c)the business entity's registered agent maintains an address; or

  (d)a business entity most frequently uses, dispatches, or controls a motor vehicle, trailer, semitrailer, or pole trailer that it owns or leases. See Montana Code 61-1-101

• Donor: The person who makes a gift.
• Downgrade: means the removal of a person's privilege to operate a commercial motor vehicle, as maintained by the department on the individual Montana driving record and the CDLIS driver record for that person. See Montana Code 61-1-101
• Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
• driveway: means a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Montana Code 61-8-102
• Drug: means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. See Montana Code 61-8-1001
• DUI court: means any court that has established a special docket for handling cases involving persons convicted under 61-8-1007 or 61-8-1008 and that implements a program of incentives and sanctions intended to assist a participant to complete treatment ordered pursuant to 61-8-1009 and to end the participant's criminal behavior associated with the use of alcohol or drugs. See Montana Code 61-8-1001
• Emergency service vehicle: means an emergency service vehicle of a state, county, or municipal department or a public service vehicle, commercial tow truck, or commercial road service truck, which by the nature of its operation causes a vehicular traffic hazard. See Montana Code 61-9-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Executor: A male person named in a will to carry out the decedent
• Explosives: means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases so that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Montana Code 61-9-102
• Farm tractor: means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Montana Code 61-9-102
• finance agency: means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of sale or engaged in the business of purchasing or acquiring promissory notes or any other form or evidences of indebtedness of sale, either secured by vendor's lien, conditional bill of sale, chattel mortgage, or leases arising out of the sale of motor vehicles in this state. See Montana Code 61-4-402
• Flag person: means a person who directs, controls, or alters the normal flow of vehicular traffic on a street or highway as a result of a vehicular traffic hazard then present on that street or highway. See Montana Code 61-8-102
• 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
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Golf cart: means a motor vehicle that is designed for use on a golf course to carry a person or persons and golf equipment and that has an average speed of less than 15 miles per hour. See Montana Code 61-1-101
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Gross vehicle weight: means the weight of a vehicle without load plus the weight of any load on the vehicle. See Montana Code 61-1-101
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous material: means :

  (a)any material that has been designated as hazardous under 49 U. See Montana Code 61-1-101

• Highway: has the meaning provided in 61-1-101, including the shoulders of the highway. See Montana Code 61-8-1001
• Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
• Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
• Ignition interlock device: means ignition equipment that:

  (i)analyzes the breath to determine blood alcohol concentration;

  (ii)is approved by the department pursuant to 61-8-1025; and

  (iii)is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage. See Montana Code 61-8-102

• Implement of husbandry: means a vehicle that is designed for agricultural purposes and exclusively used by the owner of the vehicle in the conduct of the owner's agricultural operations. See Montana Code 61-1-101
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Insurer: means an authorized insurer, as defined in 33-1-201, who issues or renews a motor vehicle liability policy. See Montana Code 61-6-102
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. See Montana Code 61-8-102
• Judgment: means any judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use of property, or upon a cause of action on an agreement of settlement for damages. See Montana Code 61-6-102
• 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
• Laned roadway: means a roadway that is divided into two or more clearly marked lanes for vehicular traffic. See Montana Code 61-8-102
• 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}
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a driver's license as defined in 61-1-101. See Montana Code 61-6-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local authorities: means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state. See Montana Code 61-8-102
• Local government: means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic. See Montana Code 61-8-903
• Low-speed electric vehicle: means a motor vehicle, on or by which a person may be transported, that:

  (a)has four wheels;

  (b)has a maximum speed of at least 20 miles an hour and no greater than 40 miles an hour as certified by the manufacturer;

  (c)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

  (d)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

  (e)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

  (f)exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565; and

  (g)is equipped as provided in 61-9-432. See Montana Code 61-1-101

• Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
• manufacturer: means a person, firm, corporation, partnership, or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles. See Montana Code 61-4-402
• Medium-speed electric vehicle: is a motor vehicle, on or by which a person may be transported, that:

  (i)has a maximum speed of 45 miles an hour as certified by the manufacturer;

  (ii)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

  (iii)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

  (iv)is fully enclosed and includes at least one door for entry;

  (v)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

  (vi)exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565;

  (vii)bears a sticker, affixed by the manufacturer or dealer, on the left side of the rear window that indicates the vehicle's maximum speed rating; and

  (viii)as certified by the manufacturer, is equipped as provided in 61-9-432. See Montana Code 61-1-101

• Moped: means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. See Montana Code 61-8-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor carrier: means a person or corporation or its lessees, trustees, or receivers appointed by a court that are operating motor vehicles on a public highway in this state for the transportation of property for hire on a commercial basis. See Montana Code 61-1-101
• Motor home: means a motor vehicle:

  (a)designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;

  (b)containing permanently installed independent life support systems that meet the NFPA 1192 standard on recreational vehicles; and

  (c)providing at least four of the following types of facilities:

  (i)cooking, refrigeration, or icebox;

  (ii)self-contained toilet;

  (iii)heating or air conditioning, or both;

  (iv)potable water supply, including a faucet and sink; or

  (v)separate 110-volt or 125-volt electrical power supply or a liquefied petroleum gas supply, or both. See Montana Code 61-1-101

• Motor home: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• 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

• motor vehicle: as used in this part , includes a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801. See Montana Code 61-4-402
• Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Motor vehicle liability policy: means a policy of insurance issued or renewed by an insurer to a person who owns or operates a motor vehicle that meets or exceeds the minimum coverage limits under 61-6-103, including a policy certified as provided in 61-6-133 as proof of financial responsibility. See Montana Code 61-6-102
• Motor-driven cycle: means a motorcycle, including a motor scooter, with a motor that produces 5 horsepower or less. See Montana Code 61-1-101
• Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
• New motor vehicle: means a motor vehicle, regardless of the mileage of the vehicle, the legal or equitable title to which has never been transferred by a manufacturer, distributor, or dealer to another person as the result of a retail sale. See Montana Code 61-1-101
• noncommercial vehicle: means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in 61-1-101 and includes but is not limited to the vehicles listed in 61-1-101(10)(b). See Montana Code 61-8-102
• Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
• 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.
• Off-highway vehicle: means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. See Montana Code 61-1-101
• Official traffic control devices: means all signs, signals, markings, and devices not inconsistent with this title that are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. See Montana Code 61-8-102
• Open alcoholic beverage container: means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed. See Montana Code 61-8-1001
• Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
• 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
• 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.
• Passenger area: means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment. See Montana Code 61-8-1001
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Pedestrian: means any person on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. See Montana Code 61-8-102
• 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
• Person: means every natural person, firm, partnership, association, or corporation. See Montana Code 61-6-102
• 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 61-1-101
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pole trailer: means a vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections. See Montana Code 61-1-101
• Police officer: means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
• Police vehicle: means a vehicle used in the service of any law enforcement agency. See Montana Code 61-8-102
• Police vehicle: has the meaning as provided in 61-8-102. See Montana Code 61-9-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Proof of financial responsibility: means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of the proof of financial responsibility, arising out of the ownership, maintenance, or use of a motor vehicle. See Montana Code 61-6-102
• Property: means real and personal property. See Montana Code 1-1-205
• public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• purchase: as used in this part , include exchange, barter, gift, and offer or contract to sell or buy. See Montana Code 61-4-402
• Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. 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

• Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
• Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
• register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. See Montana Code 61-1-101
• Registration decal: means an adhesive sticker produced by the department and issued by the department, its authorized agent, or a county treasurer to the owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat, personal watercraft, or snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department under 61-3-101. See Montana Code 61-1-101
• Registration receipt: means a paper record that is produced and issued or, if authorized by the department, an electronic record that is transmitted by the department, its authorized agent, or a county treasurer to the owner of a vehicle that identifies a vehicle, based on information maintained in the electronic record of title for the vehicle, and that provides evidence of the payment of all fees required to be paid for the registration of the vehicle for the registration period indicated in the receipt. See Montana Code 61-1-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
• Right-of-way: means the privilege of the immediate use of the roadway. See Montana Code 61-8-102
• Right-of-way: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Montana Code 61-1-101
• 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
• Rotation area: means the base area where a qualified tow truck operator is dispatched and operates. See Montana Code 61-8-903
• school bus: has the meaning provided in 49 C. See Montana Code 61-1-101
• School zone: means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d). See Montana Code 61-1-101
• Sell: means to transfer ownership from one person to another person or from a dealer to another person for consideration. See Montana Code 61-1-101
• Semitrailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Montana Code 61-1-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sidewalk: means the portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for use by pedestrians. See Montana Code 61-8-102
• Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, that is designed primarily for travel on snow or ice, that may be steered by skis or runners, and that is not otherwise registered or licensed under the laws of the state of Montana. See Montana Code 61-1-101
• Special mobile equipment: means a vehicle not designed for the transportation of persons or property on the highways but incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch-digging apparatus, and well-boring apparatus. See Montana Code 61-1-101
• State: means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Montana Code 61-6-102
• 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
• Statute: A law passed by a legislature.
• Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
• Street rod: means a motor vehicle, other than a motorcycle, that:

  (a)was manufactured prior to 1949 or was built to resemble a vehicle manufactured before 1949, including a kit vehicle intended to resemble a vehicle manufactured before 1949; and

  (b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Suspension: means the withdrawal, by action of the department, of a motor vehicle's registration, as defined in 61-1-101, for a period of time prescribed by department rule. See Montana Code 61-6-102
• Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
• System: means the online motor vehicle liability insurance verification system created in 61-6-157. See Montana Code 61-6-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Traffic control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. See Montana Code 61-8-102
• Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
• train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Montana Code 61-1-101
• Trustee: A person or institution holding and administering property in trust.
• Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
• Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-1001
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usual: means according to usage. See Montana Code 1-1-206
• Van: means a motor vehicle designed for the transportation of at least six persons and not more than nine persons and intended for but not limited to family or personal transportation without compensation. See Montana Code 61-1-101
• Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
• 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
• Venue: The geographical location in which a case is tried.
• ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101
• wholesale distributor: means a person, firm, association, corporation, or other organization engaged directly or indirectly in the sale or distribution of motor vehicles to agents or to dealers. See Montana Code 61-4-402
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203