Sections
Part 1 General Provisions § 7-4-101 – § 7-4-102
Part 5 Local Government Employee Incentive Award Program § 7-4-501 – § 7-4-506
Part 21 County Commissioners § 7-4-2101 – § 7-4-2113
Part 22 County Officers in General § 7-4-2201 – § 7-4-2223
Part 23 Consolidation of County Offices § 7-4-2301 – § 7-4-2313
Part 24 Deputy Officers in General § 7-4-2401 – § 7-4-2405
Part 25 Compensation and Official Fees § 7-4-2501 – § 7-4-2525
Part 26 Office of County Clerk § 7-4-2601 – § 7-4-2637
Part 27 Office of County Attorney § 7-4-2701 – § 7-4-2718
Part 28 Office of County Surveyor § 7-4-2801 – § 7-4-2821
Part 29 Office of County Coroner § 7-4-2901 – § 7-4-2923
Part 30 County Offices § 7-4-3001 – § 7-4-3007
Part 41 Municipal Officers in General § 7-4-4101 – § 7-4-4114
Part 42 Compensation of Municipal Officers and Employees § 7-4-4201 – § 7-4-4211
Part 43 Office of Mayor § 7-4-4301 – § 7-4-4306
Part 44 Office of City Council Member § 7-4-4401 – § 7-4-4403
Part 45 Office of Municipal Clerk § 7-4-4501 – § 7-4-4513
Part 46 Office of City Attorney § 7-4-4601 – § 7-4-4606
Part 47 Office of City Treasurer § 7-4-4701

Terms Used In Montana Code > Title 7 > Chapter 4

  • Abandonment costs: means the costs incurred for resources acquired and abandoned pursuant to a plan. See Montana Code 69-3-1203
  • 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
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advanced metering device: means any electric utility meter, electric utility meter component, or device ancillary to the electric utility meter that is located at an end-user's residence or business and is equipped and programmed to communicate with electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business or that is capable of estimating and recording electrical energy usage by types of appliances, electrical equipment, or electrical devices. See Montana Code 69-4-1001
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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
  • Affiliate: means an entity closely connected or associated with a regulated energy utility. See Montana Code 69-3-1501
  • Affiliate transaction: means a financial transaction between the utility operations of a regulated energy utility and an affiliate. See Montana Code 69-3-1501
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any office, board, bureau, commission, or department operated by a local government. See Montana Code 7-4-502
  • Agent: means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who acts or aids in any manner in the delivery or negotiation of any service contract or of the renewal or continuance of a service contract. See Montana Code 61-12-301
  • Aggregator surcharge: means a charge to a customer by an entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises for intrastate telephone calls using an operator service provider. See Montana Code 69-3-1102
  • Agreement: means a written agreement between two or more electric facilities providers that identifies the geographical area to be served exclusively by each electric facilities provider that is a party to the agreement and any terms and conditions pertinent to the agreement. See Montana Code 69-5-102
  • Agricultural improvement: includes , without limitation, sprinkler irrigation systems. See Montana Code 69-4-401
  • Aircraft: has the meaning provided in 67-1-101. See Montana Code 61-2-502
  • Airport: means an airport, as defined in 67-1-101, that does not have commercial automobile rental services available. See Montana Code 67-10-902
  • Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 61-2-502
  • Amortization: Paying off a loan by regular installments.
  • Ancillary services: means services or tariff provisions related to generation and delivery of electric power other than simple generation, transmission, or distribution. See Montana Code 69-3-2003
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignee: means any entity, including a corporation, partnership, board, trust, or financing vehicle, to which a utility assigns, sells, or transfers, other than as security, all or a portion of the utility's interest in or right to transition property. See Montana Code 69-8-103
  • 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 agent agreement: means the written agreement executed between an authorized agent and the department that sets the technical and operational program standards, compliance criteria, payment options, and service expectations by which the authorized agent is required to operate in performing specific motor vehicle or driver-related record functions. 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
  • Axle: means a transverse beam that is the common axis of rotation of one or more wheels and that, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when the axle is in operation. See Montana Code 61-10-104
  • 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.
  • Balancing authority: means a transmission system control operator who balances electricity supply and load at all times to meet transmission system operating criteria and to provide reliable electric service to customers. See Montana Code 69-3-2003
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • 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
  • Billing agent: means a telecommunications carrier that includes in a bill that it sends to a customer a charge for a product or service offered by a service provider. See Montana Code 69-3-1302
  • Billing aggregator: means any entity, other than a service provider, that forwards the charge for a product or service offered by a service provider to a billing agent. See Montana Code 69-3-1302
  • Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 61-2-502
  • Board: means the board of investments created by 2-15-1808. See Montana Code 69-8-103
  • Bodily injury: means :

    (a) a cut, abrasion, bruise, burn, or disfigurement;

    (b) physical pain;

    (c) illness;

    (d) impairment of the function of or loss of a bodily member, organ, or mental faculty; or

    (e) any other injury to the body, no matter how temporary. See Montana Code 69-14-1203

  • 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
  • Broker: means a person:

    (a) who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or

    (b) who represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle by negotiating purchases, contracts, sales, or exchanges on behalf of another and who does not store, display, or take ownership of a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131

  • 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
  • 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
  • Buyer: means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, or other agreement, to continue the commercial transportation of goods or passengers. See Montana Code 69-14-1101
  • Buying and selling service: means any act or acts of a company whereby the holder of a service contract with the company is aided in any way in the purchase or sale of an automobile. See Montana Code 61-12-301
  • Bypassing: means any act, using any means, the purpose of which is to obtain utility service without having such service pass through the authorized meter provided for measuring or registering such service. See Montana Code 69-4-1102
  • Cab: means the passenger compartment of a truck or pickup truck. See Montana Code 61-3-210
  • 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
  • Carbon offset provider: means a qualified third-party entity that arranges for projects or actions that either reduce carbon dioxide emissions or increase the absorption of carbon dioxide. See Montana Code 69-8-103
  • carrier: means any provider of telecommunications services. See Montana Code 69-3-803
  • carrier: means any provider of telecommunications services. See Montana Code 69-3-1302
  • 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
  • Center structure: includes the section of either a unibody or frame-type passenger motor vehicle that consists of a unit of sheet metal that extends from the firewall to the back of the rear seat or the centerline of the rear wheels. See Montana Code 61-3-210
  • 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
  • Chambers: A judge's office.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Combination length: means the total length of a combination of vehicles, such as a truck tractor-semitrailer-trailer combination, measured from the front bumper of the motor vehicle to the back bumper or rear extremity of the last trailer, including the connection tongues. See Montana Code 61-10-104
  • Combined trailer length: means the total length of a combination of trailers measured from the front of the first trailer to the back of the last trailer, including the connection tongues and loads. See Montana Code 61-10-104
  • Commercial mobile radio service: means commercial mobile radio service as defined in 47 CFR 20. See Montana Code 69-3-803
  • 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

  • Commercially reasonable sale: means a sale that:

    (a) is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and

    (b) is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method. See Montana Code 70-6-602

  • Commission: means the Montana public service commission. See Montana Code 69-3-601
  • Commission: means the Montana public service commission created in 2-15-2602. See Montana Code 69-3-701
  • Commission: means the public service commission. See Montana Code 69-3-803
  • Commission: means the Montana public service commission. See Montana Code 69-3-901
  • Commission: means the state transportation commission. See Montana Code 61-1-101
  • commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
  • Commissioner: means the commissioner of insurance of the state of Montana or the commissioner's assistants or deputies or other persons authorized to act for the commissioner. See Montana Code 61-12-301
  • Committee: means the legislative consumer committee provided for in Title 5, chapter 15, part 1. See Montana Code 69-1-201
  • Common ownership: means the same or substantially similar persons or entities that maintain a controlling interest in more than one community renewable energy project even if the ownership shares differ between two community renewable energy projects. See Montana Code 69-3-2003
  • Communication service: means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Montana Code 69-4-303
  • Community: means the relevant market area of a franchise. See Montana Code 61-4-201
  • Community renewable energy project: means an eligible renewable resource that:

    (a) is interconnected on the utility side of the meter in which local owners have a controlling interest and that is less than or equal to 25 megawatts in total calculated nameplate capacity; or

    (b) is owned by a public utility and has less than or equal to 25 megawatts in total nameplate capacity. See Montana Code 69-3-2003

  • Company: means any person, firm, partnership, company, association, or corporation engaged in selling, furnishing, or procuring, either as principal or agent, for a consideration, motor club service. See Montana Code 61-12-301
  • Competitive electricity supplier: means any person, corporation, or governmental entity that is selling electricity to small customers at retail rates in the state of Montana and that is not a public utility or cooperative. See Montana Code 69-3-2003
  • Compliance year: means each calendar year beginning January 1 and ending December 31, starting in 2008, for which compliance with this part must be demonstrated. See Montana Code 69-3-2003
  • Conservation: means any reduction in electric power or natural gas consumption as a result of investment in measures that increase the efficiency of electricity or gas use in building shells, space heating or cooling equipment, water heating equipment, or refrigeration equipment or other cost-effective measures which, over its economic life meet the criteria of 69-3-702. See Montana Code 69-3-701
  • Consumer counsel: means the consumer counsel provided for in Title 5, chapter 15, part 2. See Montana Code 69-1-201
  • Consumer counsel: means the consumer counsel provided for in 5-15-201. See Montana Code 69-3-1203
  • 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
  • conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Montana Code 69-4-303
  • Conviction: has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. See Montana Code 61-11-203
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative utility: means :

    (a) a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18; or

    (b) an existing municipal electric utility as of May 2, 1997. See Montana Code 69-3-2003

  • Cooperative utility: means :

    (a) a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18; or

    (b) an existing municipal electric utility as of May 2, 1997. See Montana Code 69-8-103

  • Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. See Montana Code 1-1-204
  • Cost: means the gross cost of constructing new electric service facilities to the premises, using new materials and similar design standards required to meet the load, from a point where there is existing electrical capacity to serve. See Montana Code 69-5-102
  • Cost-effective carbon offsets: means any combination of certified actions that are taken to reduce carbon dioxide emissions or that increase the absorption of carbon dioxide, which collectively do not increase the cost of electricity produced annually on a per-megawatt-hour basis by more than 2. See Montana Code 69-8-103
  • Courtesy car: means a motor vehicle provided by, and titled in the name of, a municipality for the purposes and pursuant to the conditions set out in this part. See Montana Code 67-10-902
  • 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

  • Custom-built motorcycle: means a motorcycle that is equipped with:

    (a) an engine that was manufactured 20 years prior to the current calendar year and that has been altered from the manufacturer's original design; or

    (b) an engine that was manufactured to resemble an engine 20 or more years old and that has been constructed in whole or in part from nonoriginal materials. See Montana Code 61-1-101

  • Customer: means a person who makes an intrastate telephone call through an operator service provider or the person accepting a collect telephone call made through an operator service provider. See Montana Code 69-3-1102
  • Customer: means a person who has purchased telecommunications services from a telecommunications carrier or who has been billed charges on a telephone bill for the services or products of another entity. See Montana Code 69-3-1302
  • Customer: means a natural gas customer or consumer of natural gas supply or natural gas transmission facilities, storage facilities, or distribution facilities. See Montana Code 69-3-1402
  • Customer identification number: means :

    (a) a driver's license or identification card number when the customer is an individual who has been issued a driver's license or identification card by a state driver licensing authority;

    (b) a federal employer or tax identification number when the customer is a business entity that has been issued a federal employer or tax identification number;

    (c) the identification number assigned by the secretary of state to a business entity authorized to do business in this state under Title 35 if the customer is a business entity that does not have a federal employer or tax identification number other than a social security number; or

    (d) if the customer has not been issued one of the numbers described in subsections (14)(a) through (14)(c), a number assigned to the customer by the department when a transaction is initiated under this title. See Montana Code 61-1-101

  • Customer-generator: means a user of a net metering system. See Montana Code 69-8-103
  • 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
  • Decedent: A deceased person.
  • Declared weight: means the total unladen weight of a vehicle plus the weight of the maximum load to be carried on the vehicle as stated by the registrant in the application for registration. See Montana Code 61-1-101
  • Default: means the failure to timely perform an obligation or duty set forth in a rental agreement or this part. See Montana Code 70-6-602
  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
  • department: means the department of transportation. See Montana Code 61-12-201
  • Department: means the department of justice. See Montana Code 61-13-102
  • Department: means the department of public service regulation provided for in Title 2, chapter 15, part 26. See Montana Code 69-1-401
  • 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 transportation provided for in 2-15-2501. See Montana Code 61-2-502
  • Dependent: A person dependent for support upon another.
  • Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
  • Designated family member: means the spouse, child, grandchild, parent, brother, or sister of a new motor vehicle dealer, as defined in 61-4-201, who:

    (i) in the case of a deceased dealer:

    (A) is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or

    (B) has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or

    (ii) in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property. See Montana Code 61-4-131

  • Disclose: means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record. See Montana Code 61-11-503
  • Discount service: means any act or acts by a company resulting in the giving of special discounts, rebates, or reductions of price on gasoline, oil, repairs, insurance, parts, accessories, or service for motor vehicles to holders of service contracts with the company. See Montana Code 61-12-301
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispatch ability: means the ability of either a balancing authority or the owner of an electric generating resource to rapidly start, stop, increase, or decrease electricity production from that generating resource in order to respond to the balancing authority's need to match supply resources to loads on the transmission system. See Montana Code 69-3-2003
  • Distribute: means to sell new motor vehicles other than at retail or to enter into a franchise agreement authorizing a dealer to buy new motor vehicles for resale or to service motor vehicles under a manufacturer's or distributor's warranty. See Montana Code 61-4-201
  • Distribution facilities: means those facilities that are not transmission facilities:

    (a) by and through which natural gas is received from a transmission services provider and transmitted to the customer; and

    (b) operated by a distribution services provider. See Montana Code 69-3-1402

  • Distribution facilities: means those facilities by and through which electricity is received from a transmission services provider and distributed to the customer that are controlled or operated by a distribution utility. See Montana Code 69-5-102
  • Distribution facilities: means those facilities by and through which electricity is received from transmission facilities and distributed to a retail customer and that are controlled or operated by a utility. See Montana Code 69-8-103
  • Distribution service: means the function of delivering electricity to the public by a distribution utility. See Montana Code 69-5-102
  • Distribution services provider: means a person controlling or operating distribution facilities for distribution of natural gas to the public. See Montana Code 69-3-1402
  • Distribution utility: means a utility owning distribution facilities for distribution of electricity to the public. See Montana Code 69-5-102
  • Distributor branch: means a branch office maintained or availed of by a distributor or wholesaler for the sale of a line-make of new motor vehicles to new motor vehicle dealers in this state for directing or supervising its representatives in this state. See Montana Code 61-4-201
  • Dolly or converter gear: means a device consisting of one or two axles with a fifth wheel and trailer tongue used to support the forward end of a semitrailer, converting a semitrailer into a trailer. See Montana Code 61-1-101
  • 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

  • Donee: The recipient of 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
  • Electric cooperative: means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana. See Montana Code 69-3-601
  • Electric facilities provider: means any utility that provides electric service facilities to the public. See Montana Code 69-5-102
  • Electric generating resource: means any plant or equipment used to generate electricity by any means. See Montana Code 69-3-2003
  • Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. See Montana Code 69-4-303
  • Electric service facilities: means any distribution or transmission system or related facility necessary to provide electricity to the premises, including lines. See Montana Code 69-5-102
  • Electric transmission line: means a line used to convey electrical energy connected to transmission facilities that is energized at 115 kilovolts or more phase to phase. See Montana Code 69-5-201
  • Electric vehicle charging station: means a commercial charging station including all required equipment for the provision of power and fueling of electric vehicles. See Montana Code 69-8-801
  • Electricity supplier: means any person, corporation, or governmental entity that:

    (a) sells electricity to customers at retail rates in the state; and

    (b) is not a public utility or a cooperative. See Montana Code 69-5-102

  • Electricity supply costs: means the actual costs incurred in providing electricity supply service through power purchase agreements, demand-side management, and energy efficiency programs, including but not limited to:

    (a) capacity costs;

    (b) energy costs;

    (c) fuel costs;

    (d) ancillary service costs;

    (e) transmission costs, including congestion and losses;

    (f) planning and administrative costs; and

    (g) any other costs directly related to the purchase of electricity and the management and provision of power purchase agreements. See Montana Code 69-8-103

  • Electricity supply resource: means :

    (a) contracts for electric capacity and generation;

    (b) plants owned or leased by a utility or equipment used to generate electricity;

    (c) customer load management and energy conservation programs; or

    (d) other means of providing adequate, reliable service to customers, as determined by the commission. See Montana Code 69-8-103

  • Electricity supply service: means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand side management, and energy efficiency programs. See Montana Code 69-5-102
  • Electricity supply service: means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand-side management, and energy efficiency programs. See Montana Code 69-8-103
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic mail: means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. See Montana Code 70-6-602
  • Electronic signature: has the meaning as provided in 30-18-102. See Montana Code 69-3-1302
  • Eligible renewable resource: means a facility either located within Montana or delivering electricity from another state into Montana that commences commercial operation after January 1, 2005, or a hydroelectric project expansion referred to in subsection (10)(d)(iii), any of which produces electricity from one or more of the following sources:

    (a) wind;

    (b) solar;

    (c) geothermal;

    (d) water power, in the case of a hydroelectric project that:

    (i) does not require a new appropriation, diversion, or impoundment of water and that has a nameplate rating of 10 megawatts or less;

    (ii) is installed at an existing reservoir or on an existing irrigation system that does not have hydroelectric generation as of April 16, 2009, and has a nameplate capacity of 15 megawatts or less; or

    (iii) is an expansion of an existing hydroelectric project that commences construction and increases existing generation capacity on or after October 1, 2013. See Montana Code 69-3-2003

  • Eligible telecommunications carrier: means a telecommunications provider designated by the commission under 69-3-840. See Montana Code 69-3-803
  • Emergency: means a sudden, unexpected occurrence or circumstance at or near a self-storage facility that requires immediate action to avoid injury to persons or property at or near the self-storage facility. See Montana Code 70-6-602
  • Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 61-2-502
  • Emergency medical service: means an out-of-hospital treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit. See Montana Code 61-2-502
  • Emergency road service: means any act or acts by a company consisting of the adjustment, repair, or replacement of the equipment, tires, or mechanical parts of any automobile so as to permit it to be operated under its own power. See Montana Code 61-12-301
  • 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
  • Enter railroad property: includes but is not limited to performing vandalism or other unlawful activity on railroad property. See Montana Code 69-14-1203
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: means any party procuring power for the commercial purpose of electric vehicle charging. See Montana Code 69-8-801
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Established place of business: means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a person licensed under this part. See Montana Code 61-4-131
  • estate: as used in this part means persons who may take interests in property. See Montana Code 70-1-702
  • Event data recorder: has the meaning provided in 49 CFR 563. See Montana Code 61-12-1001
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • Express consent: means an affirmative authorization given in writing by a person to whom personal information pertains that specifically allows the department to release personal information to another person, organization, or entity. See Montana Code 61-11-503
  • Factory branch: means a branch office maintained or availed of by a manufacturer for the sale of a line-make of new motor vehicles to distributors or for the sale of new motor vehicles to new motor vehicle dealers in this state or for directing or supervising its representatives in this state. See Montana Code 61-4-201
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • farmer: means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person;

    (ii) "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;

    (iii) "gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; and

    (iv) "school bus" has the meaning provided in 49 CFR 383. See Montana Code 61-1-101

  • Federally registered planning authority: means a regional transmission organization responsible for moving electricity, planning for the movement of electricity, or both over large interstate areas registered with the federal energy regulatory commission. See Montana Code 69-5-201
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Financial service: means any act or acts by a company whereby loans or other advances of money, with or without security, are made to holders of service contracts with the company. See Montana Code 61-12-301
  • Financing order: means an order of the commission adopted in accordance with 69-8-503 that authorizes the imposition and collection of fixed transition amounts and the issuance of transition bonds. See Montana Code 69-8-103
  • Fixed transition amounts: means those nonbypassable rates or charges, including but not limited to:

    (i) distribution;

    (ii) connection;

    (iii) disconnection; and

    (iv) termination rates and charges that are authorized by the commission in a financing order to permit recovery of transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and of acquiring transition property through a plan approved by the commission in the financing order, including the costs of issuing, servicing, and retiring transition bonds. See Montana Code 69-8-103

  • 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
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Frame: means the structure that supports the automobile body and other external component parts. See Montana Code 61-3-210
  • Franchise: means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:

    (a) a commercial relationship of definite duration or continuing indefinite duration is involved;

    (b) the franchisee is granted the right to:

    (i) offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or

    (ii) service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;

    (c) the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and

    (d) the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories. See Montana Code 61-4-201

  • Franchisee: means a person who receives new motor vehicles from the franchisor under a franchise and who offers, sells, and services the new motor vehicles to and for the general public. See Montana Code 61-4-201
  • Franchisor: means a person who manufactures, imports, or distributes new motor vehicles and who may enter into a franchise. See Montana Code 61-4-201
  • Front-end assembly: includes the hood, right front and left front fenders, grill, bumper, and radiator supports if two or more of these parts are assembled together as one unit forward of the firewall. See Montana Code 61-3-210
  • Fund: means the universal service fund established in 69-3-842. See Montana Code 69-3-803
  • Generation assets cost of service: means a return on invested capital and all costs associated with the acquisition, construction, administration, operation, and maintenance of a plant or equipment owned or leased by a public utility and used for the production of electricity. See Montana Code 69-8-103
  • 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
  • Governing body: means the legislative authority of a local government. See Montana Code 7-4-502
  • Governing body: means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town. See Montana Code 69-4-303
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Habitual traffic offender: means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2). See Montana Code 61-11-203
  • Hazardous material: means :

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

  • Highly restricted personal information: means an individual's photograph or image, social security number, or medical or disability information. See Montana Code 61-11-503
  • Highway: means the entire width between the boundary lines of each publicly maintained way when any part thereof is open to public use for vehicular travel. See Montana Code 61-13-102
  • 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
  • housetrailer: has the meaning provided in 15-24-201. 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 61-8-441; 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

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Montana Code 61-4-201
  • Incumbent electric utility: means a public utility regulated by the public service commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees, that owned, controlled, or operated transmission facilities on or before January 1, 2017. See Montana Code 69-5-201
  • Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that:

    (a) on February 8, 1996, provided telephone exchange service in the area; and

    (b) on February 8, 1996, was considered to be a member of the exchange carrier association pursuant to 47 CFR 69. See Montana Code 69-3-803

  • 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
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interested person: means a retail electricity customer, the consumer counsel established in 5-15-201, the commission, or a utility. See Montana Code 69-8-103
  • 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
  • Intestate: Dying without leaving a will.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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
  • Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
  • Juror: A person who is on the jury.
  • Kit vehicle: is a motor vehicle assembled from a manufactured kit either as:

    (a) a complete kit, consisting of a prefabricated body and chassis, to construct a new motor vehicle; or

    (b) a kit with a prefabricated body to be mounted to an existing motor vehicle chassis and drivetrain, commonly referred to as a donor vehicle. See Montana Code 61-1-101

  • 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
  • Labor organization: means any organization or association of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 69-14-1101
  • Laned roadway: means a roadway that is divided into two or more clearly marked lanes for vehicular traffic. See Montana Code 61-8-102
  • Large customer: means any premises, except subdivisions, with the estimated connected load for full operation at an individual service for the premises of 500 kilowatts or larger. See Montana Code 69-5-102
  • Large customer: means , for universal system benefits programs purposes, a customer with an individual load greater than a monthly average of 1,000 kilowatt demand in the previous calendar year for that individual load. See Montana Code 69-8-103
  • Last-known address: means the postal address or electronic mail address provided in a rental agreement or the postal address or electronic mail address provided by the renter through subsequent written notice of a change of address. See Montana Code 70-6-602
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Leased space: means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement. See Montana Code 70-6-602
  • Legal service: means any act or acts by a company consisting of the hiring, retaining, engaging, or appointing of an attorney or other person to give professional advice to or represent holders of service contracts with the company in court as the result of liability incurred by the right of action accruing to the holder of a service contract as a result of the ownership, operation, use, or maintenance of a motor vehicle. See Montana Code 61-12-301
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • length: means the total length of the vehicle combination beginning at the front of the front bumper of the truck or truck tractor and extending to the most distant end of the logs being hauled. See Montana Code 61-10-104
  • 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 any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
  • License: means a driver's license as defined in 61-1-101. See Montana Code 61-6-102
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Light vehicle: means a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less. See Montana Code 61-1-101
  • Line: means any material that is used to convey electrical energy and that is normally energized between 2,400 volts phase to ground and 14,400 volts phase to ground. See Montana Code 69-5-102
  • Line-make: means vehicles that are offered for sale, lease, or distribution under a common name, trademark, or service mark. See Montana Code 61-4-201
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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 exchange company: means a telecommunications company that provides telephone lines or wireless service to members of the general public who are its customers. See Montana Code 69-3-1302
  • Local governing body: means a local board of trustees of a rural electric cooperative. See Montana Code 69-8-103
  • 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
  • Local government: means any city, town, county, consolidated city-county, or school district. See Montana Code 7-4-502
  • Local owners: means :

    (a) Montana residents;

    (b) general partnerships of which all partners are Montana residents;

    (c) business entities organized under the laws of Montana that:

    (i) have less than $50 million of gross revenue;

    (ii) have less than $100 million of assets; and

    (iii) have at least 50% of the equity interests, income interests, and voting interests owned by Montana residents;

    (d) Montana nonprofit organizations;

    (e) Montana-based tribal councils;

    (f) Montana political subdivisions or local governments;

    (g) Montana-based cooperatives other than cooperative utilities; or

    (h) any combination of the individuals or entities listed in subsections (11)(a) through (11)(g). See Montana Code 69-3-2003

  • Local telecommunications: means :

    (a) telecommunications originating in a wireline local calling area, including extended area service areas, and terminating in the same wireline local calling area or extended area service area; or

    (b) commercial mobile radio service that originates from or terminates to a commercial mobile radio service provider within the same major trading area as defined in 47 CFR 24. See Montana Code 69-3-803

  • 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

  • Manufactured home: has the meaning provided in 15-24-201. 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 who manufactures or assembles a line-make of new motor vehicles and distributes them directly or indirectly through one or more distributors to one or more new motor vehicle dealers in this state or who manufactures or installs on previously assembled truck chassis special bodies or equipment that, when installed, forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, but does not include a person who installs a camper on a pickup truck. See Montana Code 61-4-201
  • 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
  • Map service: means any act or acts by a company by which road maps are furnished without cost to holders of service contracts with the company. See Montana Code 61-12-301
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Material affiliate transaction: means an affiliate transaction that has a significant potential impact on the financial stability of a regulated energy utility, including but not limited to:

    (a) dividend payments from a regulated energy utility to a corporate parent company if those payments would place the regulated energy utility's credit quality or property in jeopardy;

    (b) intercompany loans or other extensions of credit or advances of working capital between a regulated energy utility and an affiliate if those activities would place the regulated energy utility's credit quality or property in jeopardy;

    (c) the use of proceeds in issuing securities for which the assets of the regulated energy utility are pledged; or

    (d) external borrowing by a regulated energy utility with a term greater than 120 days if the loan would place the regulated energy utility's credit quality or property in jeopardy. See Montana Code 69-3-1501

  • 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

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Montana resident: means :

    (a) an individual who resides in Montana as determined under 1-1-215; or

    (b) for the purposes of chapter 3, a business entity that maintains a principal place of business or a registered agent in this state. 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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 club service: means the rendering, furnishing, or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, and touring service, or any three or more enumerated services to any person or persons in connection with the ownership, operation, use, or maintenance of a motor vehicle by the other person or persons in consideration of the other person or persons being or becoming a member or members of any company rendering, procuring, or furnishing the services, being or becoming in any manner affiliated with the company, or being or becoming entitled to receive membership or other motor club service from the company by virtue of any agreement or understanding with the company. See Montana Code 61-12-301
  • 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 ANSIA/A119. See Montana Code 61-1-101

  • Motor vehicle: means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state. See Montana Code 61-13-102
  • 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: 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 61-4-201
  • 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 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
  • 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 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
  • Motorized nonstandard vehicle: means a vehicle, on or by which a person may be transported, that:

    (i) is propelled by its own power, using an internal combustion engine or an electric motor;

    (ii) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

    (iii) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565. See Montana Code 61-1-101

  • motortruck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Montana Code 61-1-101
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Natural gas production and gathering resources: means plants or equipment, minerals, and mineral rights used to extract natural gas from the earth and to collect, purify, measure, regulate, compress, and transport natural gas from its place of production to its connection with a transmission facility. See Montana Code 69-3-1402
  • Natural gas supplier: means a person, including aggregators, market aggregators, brokers, and marketers, licensed by the commission that is offering to sell natural gas to retail customers in the state of Montana. See Montana Code 69-3-1402
  • Natural gas utility: means a utility regulated by the commission on May 2, 1997, that provides natural gas services to the public. See Montana Code 69-3-1402
  • Net metering: means measuring the difference between the electricity distributed to and the electricity generated by a customer-generator that is fed back to the distribution system during the applicable billing period. See Montana Code 69-8-103
  • Net metering system: means a facility for the production of electrical energy that:

    (a) uses as its fuel solar, wind, or hydropower;

    (b) has a generating capacity of not more than 50 kilowatts;

    (c) is located on the customer-generator's premises;

    (d) operates in parallel with the utility's distribution facilities; and

    (e) is intended primarily to offset part or all of the customer-generator's requirements for electricity. See Montana Code 69-8-103

  • 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
  • New motor vehicle: means a motor vehicle that has not been the subject of a retail sale regardless of the mileage of the vehicle. See Montana Code 61-4-201
  • New motor vehicle dealer: means a person who buys, sells, exchanges, or offers or attempts to negotiate a sale or exchange or any interest in or who is engaged in the business of selling new motor vehicles under a franchise with the manufacturer of the new motor vehicles or used motor vehicles taken in trade on new motor vehicles. See Montana Code 61-4-201
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonbypassable rates or charges: means rates or charges that are approved by the commission and imposed on a customer to pay the customer's share of transition costs or universal system benefits programs costs even if the customer has physically bypassed either the utility's transmission or distribution facilities. See Montana Code 69-8-103
  • 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
  • Nonlocal telecommunications: means :

    (a) wireline telecommunications traffic carried by either an interlocal access transport area carrier or an intralocal access transport area toll provider that originates in one wireline local calling area and terminates in another wireline local calling area; or

    (b) commercial mobile radio service that originates in a major trading area and terminates in a different major trading area as defined in 47 CFR 24. See Montana Code 69-3-803

  • Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
  • Nontransporting medical unit: means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. See Montana Code 61-2-502
  • Not used for general transportation purposes: means the operation of a motor vehicle registered as a collector's item, a custom vehicle, a street rod, or a custom-built motorcycle to or from a car or motorcycle club activity or event or an exhibit, show, cruise night, or parade, or for other occasional transportation activity. See Montana Code 61-1-101
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Occupants: means the driver and passengers in a motor vehicle. See Montana Code 61-13-102
  • 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 access: means that a natural gas utility has made its transmission facilities, storage facilities, or distribution facilities available to all natural gas suppliers, transmission services providers, distribution services providers, and customers on a nondiscriminatory and comparable basis. See Montana Code 69-3-1402
  • 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
  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • Operator: means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 70-6-602
  • Operator service provider: means any person, company, or entity that provides automated or live assistance to a customer to arrange for billing or completion, or both, of an intrastate telephone call through a method other than:

    (a) automatic completion, with billing to the telephone from which the call originated; or

    (b) completion through an access code used by the customer, with billing to an account previously established with a telecommunications carrier by the customer. See Montana Code 69-3-1102

  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Ordinance: means resolution where the governing body acts by resolution and vice versa. See Montana Code 69-4-303
  • Originating carrier: means a telecommunications carrier from whose network a customer originates telecommunications traffic. See Montana Code 69-3-803
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Montana Code 69-4-303
  • Overhead utility line: means a facility for the transmission or distribution of electricity or telephone messages along wires or cables suspended above the ground between single or double poles and their respective anchors. See Montana Code 69-4-401
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person:

    (a) in whose name a motor vehicle is registered or titled;

    (b) who leases a motor vehicle for at least 3 months;

    (c) who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or

    (d) who is the attorney in fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c). See Montana Code 61-12-1001

  • Owner: means a person who holds the legal title to a vehicle. See Montana Code 61-1-101
  • Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 61-2-502
  • 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
  • Performance-based ratemaking: means those forms of regulation that include but are not limited to the use of revenue indexing, price indexing, ranges of authorized return, gas cost indexing, and innovative use of utility-related assets and activities, such as system sales of excess natural gas supplies, release of upstream pipeline capacity, and performance of billing services for other natural gas suppliers. See Montana Code 69-3-1402
  • Person: means every natural person, firm, partnership, association, or corporation. See Montana Code 61-6-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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 an individual, firm, partnership, corporation, unincorporated association, or other legal or business entity or the executor, administrator, trustee, receiver, assignee, or personal representative thereof. See Montana Code 69-4-1102
  • Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 61-2-502
  • person or entity: includes a corporation and all of its affiliates and subsidiaries if the corporation, affiliates, and subsidiaries have a common ownership or control of 80% of the outstanding voting shares. See Montana Code 69-3-803
  • Personal information: means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information. See Montana Code 61-11-503
  • Personal property: means movable property not affixed to land. See Montana Code 70-6-602
  • 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.
  • Plan: means an integrated least-cost resource plan submitted by a utility in accordance with this part and the rules adopted under this part. See Montana Code 69-3-1203
  • 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
  • Power sports vehicle: includes a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premises: means a building, residence, structure, irrigation pump, or facility to which electric service facilities are provided or are to be installed. See Montana Code 69-5-102
  • Primary interexchange carrier: means the telecommunications carrier from which a customer chooses to purchase long-distance services. See Montana Code 69-3-1302
  • Private telecommunications service: means a system, including the construction, maintenance, or operation of the system, for the provision of telecommunications service or any portion of the service, by a person or entity for the sole and exclusive use of that person or entity and not for resale, directly or indirectly. See Montana Code 69-3-803
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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 that has no commercial value: means property offered for sale in a commercially reasonable sale that receives no bid or offer. See Montana Code 70-6-602
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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.
  • Public utility: means a public utility, as defined in 69-3-101, that provides electric or natural gas service. See Montana Code 69-3-1203
  • Public utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, on January 1, 2005, including the public utility's successors or assignees. See Montana Code 69-3-2003
  • Public utility: means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities. See Montana Code 69-4-303
  • Public utility: has the meaning of a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees. See Montana Code 69-8-103
  • 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

  • Qualifying load: means , for payments and credits associated with universal system benefits programs, all nonresidential demand-metered accounts of a large customer within the utility's service territory in which the customer qualifies as a large customer. See Montana Code 69-8-103
  • Qualifying small power production facility: means a facility that:

    (a) produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or

    (b) produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and

    (c) has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and

    (d) is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility. See Montana Code 69-3-601

  • Quorum: The number of legislators that must be present to do business.
  • railroad: means a corporation, company, or individual owning or operating a railroad in whole or in part in this state. See Montana Code 69-14-102
  • Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
  • Railroad: means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. See Montana Code 69-14-1203
  • Railroad carrier: means an entity that provides rail transportation. See Montana Code 69-14-1203
  • Railroad property: means all tangible real and personal property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. See Montana Code 69-14-1203
  • Rate: means a charge by a small telecommunications provider to a subscriber for the initiation or continued provision of regulated telecommunications service. See Montana Code 69-3-901
  • Rate increase: means an increase in the rates for regulated telecommunications services provided by a small telecommunications provider and the creation of new rates. See Montana Code 69-3-901
  • Record: includes all books, papers, photographs, photostats, cards, film, tapes, recordings, electronic data, printouts, or other documentary materials, regardless of physical form or characteristics. See Montana Code 61-11-503
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recreational vehicle: includes a motor home, travel trailer, or camper. See Montana Code 61-1-101
  • 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
  • Regulated companies: means all those organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation or the public service commission or any successor agency. See Montana Code 69-1-201
  • Regulated companies: means all organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation, the public service commission, or any successor agency. See Montana Code 69-1-401
  • Regulated energy utility: means a public utility with more than 100 customers that owns distribution facilities for the distribution of electricity or natural gas to the public and that is regulated by the commission pursuant to this title. See Montana Code 69-3-1501
  • Regulated telecommunications service: means two-way switched, voice-grade access and transport of communications originating and terminating in this state and nonvoice-grade access and transport if intended to be converted to or from voice-grade access and transport. See Montana Code 69-3-803
  • Regulated telecommunications service: is a s defined in 69-3-803. See Montana Code 69-3-901
  • Regulated utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees. See Montana Code 69-5-102
  • Renewable energy credit: means a tradable certificate of proof of 1 megawatt hour of electricity generated by an eligible renewable resource that is tracked and verified by the commission and includes all of the environmental attributes associated with that 1 megawatt-hour unit of electricity production. See Montana Code 69-3-2003
  • Renewable energy fraction: means the proportion of electricity output directly attributable to electricity and associated renewable energy credits produced by one of the sources identified in subsection (10). See Montana Code 69-3-2003
  • Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 70-6-602
  • Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 70-6-602
  • Residence district: means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of 300 feet or more is primarily improved with residences or residences and buildings in use for business. See Montana Code 61-8-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail customer: means a customer that purchases electricity for residential, commercial, or industrial end-use purposes and does not resell electricity to others. See Montana Code 69-8-103
  • Retail revenue: means the gross Montana revenue from telecommunications services that originate or terminate in Montana and are billed for a service address in Montana, excluding revenue from the resale of telecommunications services to another telecommunications services provider that uses the telecommunications services to provide telecommunications services to the ultimate retail consumer who originates or terminates the transmission. See Montana Code 69-3-803
  • Retail sale: means the sale of a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment by a dealer to a person for purposes other than resale. See Montana Code 61-1-101
  • Retail sale: means the sale of a new motor vehicle. See Montana Code 61-4-201
  • 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 survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Right-of-way: means the privilege of the immediate use of the roadway. See Montana Code 61-8-102
  • Right-of-way: means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as railroad property by fencing or appropriate signs. See Montana Code 69-14-1203
  • 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
  • Rocky Mountain double: means a combination of vehicles that includes a truck tractor pulling a long semitrailer and a shorter trailer. See Montana Code 61-10-104
  • Rotation area: means the base area where a qualified tow truck operator is dispatched and operates. See Montana Code 61-8-903
  • Rural telephone company: means a local exchange carrier operating entity to the extent that the entity:

    (a) provides common carrier service to any local exchange carrier study area that does not include either:

    (i) all or any part of an incorporated place of 10,000 inhabitants or more based on the most recently available population statistics of the United States bureau of the census; or

    (ii) any territory, incorporated or unincorporated, included in an urbanized area, as defined by the United States bureau of the census as of August 10, 1993;

    (b) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;

    (c) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or

    (d) has less than 15% of its access lines in communities of more than 50,000 on February 8, 1996. See Montana Code 69-3-803

  • Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 61-1-101
  • Salvage certificate: means a certificate of title issued by the department for a salvage vehicle that may be used to retitle the motor vehicle. See Montana Code 61-3-210
  • 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
  • Salvage vehicle purchaser: means a person, other than an insurer, who purchases or otherwise obtains possession of a salvage vehicle. See Montana Code 61-3-210
  • school bus: has the meaning provided in 49 CFR 383. See Montana Code 61-1-101
  • School bus: has the meaning provided in 20-10-101. See Montana Code 61-8-102
  • 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
  • Seasonality: means the degree to which an electric generating resource is capable of producing electricity in each of the seasons of the year. See Montana Code 69-3-2003
  • Seatbelt: means a system using a lap belt, a shoulder belt, or other belt or combination of belts installed in a motor vehicle to restrain occupants, which system conforms to federal motor vehicle safety standards. See Montana Code 61-13-102
  • Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 70-6-602
  • 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
  • Seller: means a person, corporation, association, or business entity that transfers a line of railroad by sale, lease, or other agreement. See Montana Code 69-14-1101
  • 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
  • Serious bodily injury: means bodily injury that involves:

    (a) a substantial risk of death;

    (b) extreme physical pain;

    (c) protracted and obvious disfigurement; or

    (d) protracted impairment of the function of or loss of a bodily member, organ, or mental faculty. See Montana Code 69-14-1203

  • Service contract: means any agreement or understanding whereby any company for a consideration promises to render, furnish, or procure for any other person or persons, whether they be members of the company or otherwise, motor club service. See Montana Code 61-12-301
  • Service provider: means any entity, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent. See Montana Code 69-3-1302
  • Service territory: means premises receiving distribution service from a utility on January 1, 2011, and premises added pursuant to Title 69, chapter 5. See Montana Code 69-5-102
  • Several: means two or more. 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
  • Small customer: means a retail customer that has an individual load with an average monthly demand of less than 5,000 kilowatts. See Montana Code 69-3-2003
  • Small telecommunications provider: means a person, partnership, corporation, or other entity providing regulated telecommunications service to less than 12,000 subscribers in Montana. See Montana Code 69-3-901
  • 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
  • Specially constructed vehicle: means a motor vehicle, including a motorcycle, that:

    (i) was not originally constructed under a distinctive make, model, or type by a generally recognized manufacturer of motor vehicles;

    (ii) has been structurally modified so that it does not have the same appearance as similar vehicles from a generally recognized manufacturer of motor vehicles;

    (iii) has been constructed or assembled entirely from custom-built parts and materials not obtained from other vehicles;

    (iv) has been constructed or assembled by using major component parts from one or more manufactured vehicles and that cannot be identified as a specific make or model; or

    (v) has been constructed by the use of a kit that cannot be visually identified as a specific make or model. 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
  • Steering axle: means an axle that pivots at the hub to allow the wheel to follow the travel of the vehicle. See Montana Code 61-10-104
  • Stinger-steered automobile transporter: means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of vehicles. See Montana Code 61-10-104
  • Stinger-steered boat transporter: means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of assembled boats or boat hulls. See Montana Code 61-10-104
  • Storage facilities: means those facilities that are owned, controlled, or operated by a person offering storage service for natural gas and generally means any underground reservoir suitable for the storage of natural gas and the facilities used to inject and withdraw natural gas into and out of that underground reservoir. See Montana Code 69-3-1402
  • Storage lot: means property owned, leased, or rented by a dealer that is not contiguous to the dealer's established place of business where a motor vehicle from the dealer's inventory may be placed when space at the dealer's established place of business is not available. See Montana Code 61-1-101
  • 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

  • Subdivision: has the meaning provided for in 76-3-103. See Montana Code 69-5-102
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Subscriber: means a person, partnership, corporation, or other entity acquiring regulated telecommunications service from a small telecommunications provider. See Montana Code 69-3-901
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • 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
  • Tail section: includes the floor pan, right rear and left rear quarter panels, deck lid, upper rear and lower rear panels, and rear bumper if two or more of these parts are assembled together as one unit. See Montana Code 61-3-210
  • Tampering: means damaging, altering, adjusting, or in any manner interfering with or obstructing the operation or function of any authorized metering device provided for measuring or registering utility service. See Montana Code 69-4-1102
  • Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 69-3-803
  • Telecommunications carrier: means the same as provided in 69-3-1302. See Montana Code 69-3-1102
  • Temporary registration permit: means a paper record:

    (a) issued by the department, an authorized agent, a county treasurer, or a person, using a department-approved electronic interface after an electronic record has been transmitted to the department, that contains:

    (i) required vehicle and owner information; and

    (ii) the purpose for which the record was generated; and

    (b) that, when placed in a durable license-plate style plastic pouch approved by the department and displayed as prescribed in 61-3-224, authorizes a person to operate the described motor vehicle, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for:

    (i) 40 days from the date the record is issued or until the vehicle is registered under Title 23 or this title, whichever first occurs; or

    (ii) 90 days from the date the record is issued for a permit issued pursuant to 61-3-303(3)(b). See Montana Code 61-1-101

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminating carrier: means a telecommunications carrier upon whose network telecommunications traffic terminates. See Montana Code 69-3-803
  • Testator: A male person who leaves a will at death.
  • Theft service: means any act or acts by a company the purpose of which is to locate, identify, or recover a motor vehicle owned or controlled by the holder of a service contract with the company that has been or may be stolen or to detect or apprehend the person guilty of the theft. See Montana Code 61-12-301
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Total calculated nameplate capacity: means the calculation of total nameplate capacity of the community renewable energy project and other eligible renewable resources that are:

    (a) located within 5 miles of the project;

    (b) constructed within the same 12-month period; and

    (c) under common ownership. See Montana Code 69-3-2003

  • Touring service: means any act or acts by a company by which touring information is furnished without cost to holders of service contracts with the company. See Montana Code 61-12-301
  • Towing service: means any act or acts by a company consisting of the drafting or moving of a motor vehicle from one place to another under other than its own power. See Montana Code 61-12-301
  • 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
  • Traffic regulation: includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. See Montana Code 61-11-203
  • 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
  • Trailer: has the meaning provided in 61-1-101 but does not include a trailer that has an unloaded weight of less than 500 pounds. See Montana Code 61-4-131
  • 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
  • Transaction: means the limited purchase, sale, or transfer of part of a line of railroad that will be operated by a common rail carrier. See Montana Code 69-14-1101
  • Transaction summary receipt: means an electronic record produced and issued by the department, its authorized agent, or a county treasurer for which a paper receipt is issued. See Montana Code 61-1-101
  • Transit traffic: means telecommunications traffic that an originating carrier delivers to a transiting carrier or carriers for delivery to a terminating carrier. See Montana Code 69-3-803
  • Transiting carrier: means a telecommunications carrier or carriers that transport transit traffic from an originating carrier to a terminating carrier and that do not originate or terminate telecommunications traffic. See Montana Code 69-3-803
  • Transition bonds: means any bond, debenture, note, interim certificate, collateral, trust certificate, or other evidence of indebtedness or ownership issued by the board or other transition bonds issuer that is secured by or payable from fixed transition amounts or transition property. See Montana Code 69-8-103
  • Transition cost recovery period: means the period beginning on July 1, 1998, and ending when a utility customer does not have any liability for payment of transition costs. See Montana Code 69-8-103
  • Transition costs: means :

    (a) a public utility's net verifiable generation-related and electricity supply costs, including costs of capital, that become unrecoverable as a result of the implementation of federal law requiring retail open access or customer choice or of this chapter;

    (b) those costs that include but are not limited to:

    (i) regulatory assets and deferred charges that exist because of current regulatory practices and can be accounted for up to the effective date of the commission's final order regarding a public utility's transition plan and conservation investments made prior to universal system benefits charge implementation;

    (ii) nonutility and utility power purchase contracts executed before May 2, 1997, including qualifying facility contracts;

    (iii) existing generation investments and supply commitments or other obligations incurred before May 2, 1997, and costs arising from these investments and commitments;

    (iv) the costs associated with renegotiation or buyout of the existing nonutility and utility power purchase contracts, including qualifying facilities and all costs, expenses, and reasonable fees related to issuing transition bonds; and

    (v) the costs of refinancing and retiring of debt or equity capital of the public utility and associated federal and state tax liabilities or other utility costs for which the use of transition bonds would benefit customers. See Montana Code 69-8-103

  • Transition costs: means :

    (a) a natural gas utility's net, verifiable production-related and gathering-related costs, including costs of capital, that become unrecoverable as a result of customer choice and open access. See Montana Code 69-3-1402

  • Transition property: means the property right created by a financing order, including without limitation the right, title, and interest of a utility, assignee, or other issuer of transition bonds to all revenue, collections, claims, payments, money, or proceeds of or arising from or constituting fixed transition amounts that are the subject of a financing order, including those nonbypassable rates and other charges and fixed transition amounts that are authorized by the commission in the financing order to recover transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and acquiring transition property, including the costs of issuing, servicing, and retiring transition bonds. See Montana Code 69-8-103
  • Transmission facilities: means those facilities that are used to provide transmission services as determined by the federal energy regulatory commission and the commission and that are controlled or operated by a utility. See Montana Code 69-8-103
  • Transmission facilities: means those facilities owned, controlled, and operated by a transmission services provider that are used to transport natural gas from a gathering line or storage facility to a distribution facility, storage facility, or end-use customer. See Montana Code 69-3-1402
  • Transmission facilities: means facilities that are used to provide transmission services and are owned, controlled, or operated by an incumbent electric utility. See Montana Code 69-5-201
  • Transmission services provider: means a person controlling or operating transmission facilities. See Montana Code 69-3-1402
  • Travel trailer: means a vehicle:

    (a) that is 40 feet or less in length;

    (b) that is of a size or weight that does not require special permits when towed by a motor vehicle;

    (c) with gross trailer area of less than 320 square feet; and

    (d) that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence. 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: 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 61-8-401
  • Under the influence: has the meaning provided in 61-8-401. See Montana Code 61-1-101
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Universal system benefits charge: means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of universal system benefits programs costs. See Montana Code 69-8-103
  • Universal system benefits charge: means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of universal system benefits program costs. See Montana Code 69-3-1402
  • Universal system benefits programs: means public purpose programs for:

    (a) cost-effective local energy conservation;

    (b) low-income customer weatherization;

    (c) renewable resource projects and applications, including those that capture unique social and energy system benefits or that provide transmission and distribution system benefits;

    (d) research and development programs related to energy conservation and renewables;

    (e) market transformation designed to encourage competitive markets for public purpose programs; and

    (f) low-income energy assistance. See Montana Code 69-8-103

  • Universal system benefits programs: means public purpose programs for cost-effective local energy conservation, low-income energy bill discounts, low-income weatherization, and emergency low-income energy bill assistance. See Montana Code 69-3-1402
  • Urban district: means the territory contiguous to and including any street that is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of one-fourth mile or more. See Montana Code 61-8-102
  • Used motor vehicle: includes any motor vehicle that has been sold, bargained, exchanged, or given away or had its title transferred from the person who first took title to it from the manufacturer, importer, dealer, wholesaler, or agent of the manufacturer or importer and that has been used so as to have become what is commonly known as "secondhand" within the ordinary meaning of that term. See Montana Code 61-1-101
  • User: means an airplane pilot or an airplane passenger who flies into an airport. See Montana Code 67-10-902
  • Usual: means according to usage. See Montana Code 1-1-206
  • Utility: means any public utility or cooperative utility. See Montana Code 69-8-103
  • Utility: means any public utility supplying electricity and regulated by the commission. See Montana Code 69-3-601
  • Utility: means a public utility regulated by the public service commission pursuant to Title 69, chapter 3. See Montana Code 69-4-1001
  • Utility: means any public utility, municipally owned utility, or cooperative utility that provides electricity, gas, water, sewage disposal, or combination thereof, for sale to consumers. See Montana Code 69-4-1102
  • Utility: means a public utility regulated by the commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees. See Montana Code 69-5-102
  • Utility service: means the provision of electricity, gas, water, or sewer service. See Montana Code 69-4-1102
  • 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
  • Vandalism to railroad property: means committing an act that may cause damage to railroad property or bodily injury to another person. See Montana Code 69-14-1203
  • Vector: means a straight line between two points. See Montana Code 69-5-102
  • vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-401
  • 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
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verified mail: means :

    (a) a method of mailing that is offered by the United States postal service or private delivery service and provides evidence of mailing; or

    (b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. See Montana Code 70-6-602

  • 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 61-1-101
  • 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
  • Wholesaler: means a person that for a commission or with intent to make a profit or gain of money or other thing of value sells, exchanges, or attempts to negotiate a sale or exchange of an interest in a used motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment only to dealers and auto auctions licensed under chapter 4, part 1. See Montana Code 61-1-101
  • wholesaler: means a person who sells or distributes a line-make of new motor vehicles to new motor vehicle dealers in this state or who maintains distributor representatives in this state. See Montana Code 61-4-201
  • 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
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Yard: means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs. See Montana Code 69-14-1203